HomeMy WebLinkAboutPD-63-82 �7 P
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB 1JO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF APRIL 19, 1982
REPORT NO. : PD-63-82
SUBJECT: APPLICATION FOR REZONING Z-A-2-8-4 and
APPLICATION FOR SITE PLAN APPROVAL S-P-2-30 r
PART OF LOT 11 , CONC. 1 , FORMER TOWN OF
BOWMANVILLE - E. EVANS .
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-63-82 be received; and
2. That application for rezoning Z-A-2-8-4 and
application for site plan approval S-P-2-30 be
approved; and
* 3. That the attached Development Agreement between
Drs. Everett Turner and Janice S. Aluin and the
Town of Newcastle be approved for execution;
and
* 4. That the attached By-law authorizing the
execution of an Agreement between Drs. Everett
Turner and Janice S. Aluin be forwarded to
Council for approval ; and
* 5. That the attached By-law rezoning the subject
lands be forwarded to Council for approval .
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Report No. : PD-63-82 . . ./2
BACKGROUND:
On February 8, 1982, staff received the subject applications
for rezoning and site plan approval . The application
submitted for rezoning requests an amendment to Restricted
Area (Zoning) By-law 1587, as amended, of the former Town of
Bowmanville to rezone a 873.0 square metre (9,389.0 square
feet) parcel of land fronting on the north side of King
Street, between George Street and Ontario Street within the
former Town of Bowmanville. This By-law amendment would
allow the applicant to operate a veterinary clinic on the
said lands, subject to site plan control .
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The site is designated "Main Central Area" by both the
Region of Durham Official Plan and the Bowmanville Urban
Area Official Plan. The intent of these Official Plans is
to provide residents with an array of personal and business
services within the Main Central Area of municipalities. In
that regard, the proposed veterinary clinic would appear to
be permitted within this core area of Bowmanville, and,
therefore would conform with the policies of both Official
Plans.
The site is presently zoned "C-Commercial " by Restricted
Area (Zoning) By-law 1587, as amended, of the former Town of
Bowmanville. The By-law amendment would apply a "Special
Condition" to this site in order to permit the operation of
a veterinary clinic.
In accordance with Departmental procedures, the subject
applications for rezoning and site plan approval had been
circulated to various departments and agencies for comment.
The following comments were received:
Report No. : PD-63-82 . . ./3
The Durham Regional Planning Department and Works Deparment
"The subject site is designated "Central Area" in the
Bowmanville Official Plan and "Main Central Area" in the
Durham Regional Official Plan. The proposal for a
veterinarian clinic and hospital conforms to both official
plans. Full Municipal services are available to the subject
site. The proposed conversion of the existing residential
building to a clinic and hospital would appear to have no
adverse effects on the existing services. However, if new
service connections are required, the applicant will be
required to submit four copies of site servicing plans to
the Regional Works Department for approval at such time as
applications for service connections are made."
The Newcastle Fire Department
"In regards to this application for rezoning, the property
is less than 10,000 square feet located in designated
Commercial Development. Water services for fire protection
within the area are designed for future development in the
way of 16 inch watermain, pumper port fire hydrants to
accommodate high value risks in conjunction with Commercial
development.
To support spot rezoning within this area will set a
precedent in evaluating future actions, and at the same time
restrict possible Commercial and Residential type
development.
Consideration should be given to access for Fire Department
vehicles to the proposed parking lot area.
Garbage and waste material disposal to be in accordance with
Health Regulations and Municipal By-laws."
The Newcastle Building Department
"No objection to the rezoning. With regards to the site
plan, parts 1 and 2 in the Agreement refer to proposed
building(s) perhaps this should be changed to apply to the
existing buildings. Schedule "C" shows a sign located in
the front yard, therefore, it is suggested the owner be
advised of the sign By-law requirements."
The Newcastle Public Works Department
"l . That the Applicant make application for a storm sewer
connection and that he be responsible for all costs on
street.
Report No. : PD-63-82 . . ./4
2. That a catch basin be installed inside the sidewalk to
collect drainage from the drive which is now running
over the walk to the road.
3. That the entranceway be modified to meet the Town of
Newcastle's Design Criteria for Commercial Access.
4. That the Applicant provide a Performance Guarantee in
the amount of the Works Cost Estimate, to be approved
by the Director of Public Works, for the works to be
installed off-site.
5. Snow Removal : Add statement that snow is not to be
place on the road allowance(s).
Walkway: Delineated walkway from rear parking area to
front entrance."
The Newcastle Treasurer and Town Administrator indicated "no
comment to the subject application.
Staff note that the owner of this site, Mr. J. Klasner, had
applied to the Committee of Adjustment in an attempt to vary
the uses permitted in the "Commercial " zone as to allow the
veterinary clinic. However, the application was denied by
the Committee based on the fact that the zoning By-law does
not specifically permit a veterinary clinic in this zone and
was a permitted use in the light industrial zone.
In staff' s Report to the Committee we had recommended
approval of the variance application as the proposed use
would conform with the Official Plan and would be an
appropriate use to include within a commercial zoning
category. In addition, staff noted that the applicant was
required to enter into a site plan agreement with the Town
in order to control development on this site.
Report No. : PD-63-82 . . ./5
COMMENTS:
In reviewing the comments received regarding the rezoning of
the subject lands, we note that there were no significant
problems in respect of this proposal . In terms of the land
use compatibility, we note that Official Plan designation
and zoning of lands abutting this property are for
commercial purposes, and therfore staff foresee no future
problems with this location for a veterinary clinic. For
this reason and the fact that the proposal conforms to the
policies of both the Bowmanville Urban Area Official Plan
and the Region of Durham Official Plan, staff would have no
objection to the approval of this rezoning application.
With respect to the approval of the site plan application,
staff note that there were additional items which the
Newcastle Public Works Department would like to have
included within the development agreement, all relating to
on-site works. These required works have been incorporated
into the attached development agreement, thereby ensuring
that these works will be carried out.
In that regard, it would now be appropriate to forward the
attached zoning By-law amendment, together with the attached
agreement and site plans to Council for approval and
subsequent execution.
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Resppctfu. y'-submitted,
CJ
T. T. Edwards, M.C.I.P.
Director of Planning
EP*TTE*mjc
March 22, 1982
"APPLICANT: Essi Evans, 64 Scugog Street, BOWMANVILLE
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 53
being a By-law to authorize the entering into of an Agreement with
Dr. Everett Turner and Dr. Janice S. Aluin.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, an Agreement between Dr. Everett Turner and Dr.
Janice S. Aluin and the said Corporation dated the day of
1982, in the form attached hereto as Schedule "P.
2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this 26 day of April 1982
BY-LAW read a second time this 26 day of April 1982
BY-LAW read a third time and finally passed this 26 day of
April 1982
A
D. W. OAKES, CLERK
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SCHEDULE X to By-law 82-53
DEVELOPMENT AGREEMENT IMDE (in quintuplicate) this day of
1982
BETWEEN:
DR. EVERETT TURNER and DR. JANICE S. ALUIN
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hereinafter called the 'OWNERS" OF THE FIRST PART I
and -
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN" OF THE SECOND PART
WHEREAS the lands affected by this agreement, are described in
Schedule "A hereto and hereinafter referred to as the "said lands";
AND WHEREAS the Owners have represented to the Town that the said
lands are registered in the names of Dr. Everett Turner and Dr.
Janice S. Aluin, who are the beneficial owners of the said lands as
stated in the Affidavit attached to this Agreement as Schedule "B";
AND WHEREAS the Owners propose to establish a veterinary clinic and
animal hospital on the said lands; and have requested the Town to
approve the said development pursuant to the provisions of By-law
79-151;
AND WHEREAS the Town has resolved to approve the said development
pursuant to the said By-law 79-151, provided that the Owners enter
into this Agreement with the Town;
AND WHEREAS the Owners warrant that they have entered, or will enter
into an Agreement with the Regional Municipality of Durham, for the
provision of services from King Street with the approval of the
Director of Public Works of the Town of Newcastle,
NOW.THEREFORE, in consideration of the mutual agreements and
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covenants hereinafter contained, the parties hereto agree as
follows:
1. Annexed hereto and marked as Schedule "C" is a site plan
showing the size, location, elevation and exterior architectural
design of the building which the Owners propose to erect on the "said
lands", which shall be approved by the Director of Planning and the
Director of Public Works.
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2. The Owners agree that no hulidings or structures, other than
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the building shown on Schedule "C" shall be erected on the "said
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lands" and further, that in the construction of such building the
" Owners will comply with the elevations, exterior architectural
design, the location of the buildings on the lot and all other
matters relating to the building shown on Schedule "C". The Owners
further agree that prior to the issuance of building permits in
respect of the proposed future expansion of the building as shown on
Schedule "C" that an amendment to this Agreement shall be required
to facilitate such expansion.
3. PARKING AND LOADING
The Owners agree to provide and maintain off-street parking
and driveway access in accordance with Schedule "C" and to do so in
accordance with specifications to be approved by the Director of
Public Works which shall include a surfacing of parking areas with
I concrete or bituminious asphalt. No parking of vehicles shall be
permitted on access or driveway areas which shall be signed and
maintained as fire access routes to the satisfaction of the Fire
Chief.
4. GARBAGE AND WASTE
i (a) The Owners agree to provide and maintain enclosed garbage
and waste storage facilities as may be required by the
111 Town for the storage of garbage and other waste materials
from the buildings on the said lands, in accordance with
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plans and specifications to be approved by the Director
of Public Works and the Fire Chief. i
+1 (b) The Owners further agree to remove garbage and other
f waste materials as often as may be required by the
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Director of Public Works and the Fire Chief.
5. SNOW REMOVAL
The Owners agree to remove all snow from access ramps,
driveways, parking areas, loading areas and walkways within twelve
hours of the cessation of any fall of snow and to do so in accordance
with the provisions of By-law 76-119 of the Town of Newcastle in
respect of snow removal, as may be amended from time to time.
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b, URAOING AND UkAINAGL
The Owners agree to undertake the grading of and provide for
at their cost the disposal of storm, surface and waste water from the
said lands" and from any buildings or structures thereon in
accordance with plans and specifications to be approved by the
Director of Public Works and annexed to this agreement as a portion
of Schedule "C".
7. FLOODLIGHTING
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The Owners agree to provide floodlighting of the "said lands"
and building in accordance with plans and specifications to be
approved by the Director of Public Works and to refrain from erecting
or using any form of illumination which in the opinion of the Town
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would cause any traffic hazard or would cause a disturbance to
residential uses adjacent to the "said lands".
D. FENCING AND LANDSCAPING
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The Owners agree to erect and maintain fences and plant and
maintain, trees, shrubs or other suitable ground cover in accordance
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with plans and specifications to be approved by the Director of
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Public Works and the Director of Planning to provide adequate
landscaping of the "said lands" and protection to adjoining lands.
9. SIDEWALKS
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The Owners agree to reconstruct or repair, to the Town's
specification, a sidewalk along those portions of King Street which
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abut the "said lands" and which may require reconstruction or repair
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as a result of the construction of the building and structures to be
erected on the "said lands". The Owners further agree to provide
suitable pedestrian access between parking areas and the building
i entrance in accordance with Schedule "C".
10. APPROVAL OF PLANS AND SPECIFICATIONS
The Owners agree that the issuance of any building permit in
respect of the "said lands" shall be prohibited until all plans and
specifications required pursuant to this Agreement have been approved
by the Town.
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11. REGISTRATION AND ENFORCEMENT
The Owners agree that the Town may register this Agreement
against the title to the "said lands" and that the Town may enforce
the provisions of this Agreement against the Owners of the "said
Lands" and suject to the provisions of the Registry Act and the Land
Titles Act, R.S.O., 1979, as amended, against any and all subsequent
owners of the "said lands". The Owners further agree to reimburse
the Town for all reasonable legal fees associated with undertaking
the registration of this Agreement.
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12. APPROVAL OF COST ESTIMATES
The Owners agree that, prior to the issuance of any building
permit for the building identified on Schedule "C" hereto, the
estimated cost of construction and installation of the external works
required by this Agreement, hereinafter called the "Works Cost
Estimate" shall be approved by the Director of Public Works and
annexed to this Agreement on Schedule "D".
The said approved "Works Cost Estimate" shall be deemed to
have been included in this Agreement at the date of its original
execution, whether or not it was, in fact, so included and whether
or not it is, in fact, entered in Schedule "D" hereto.
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13. PERFORMANCE GUARANTEE REQUIRED
(1) Prior to the issuance of any authorization to commence
work, the Owners shall provide the Town with a
"Performance Guarantee", in the form of cash or an
i irrevocable letter of credit issued by a chartered
Canadian Bank in an amount equal to the "Works Cost
Estimate". The "Performance Guarantee" may be used by
the Town as set out in clause 14 in the event that the
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j Owners fail to satisfactorily meet the requirements of
this agreement in respect of the provisions of the
specified works and facilities.
(2) All submissions made under clause (1) above, shall be
approved by the Treasurer of the Town.
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14. USE OF PERFORMANCE GUARANTEE
The Owners agree that the Town may, at any time, by resolution
of Town Council, authorize the use of all or part of any Performance
Guarantee if the Owners fail to pay any costs payable by the Owners
to the Town under this Agreement by the due date of the invoice of
such costs.
15. BUILDING PERMIT
The Town agrees that upon the Owners complying with the
provisions of this Agreement respecting approval of all plans and
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specifications required herein, building permits will be issued in
accordance with the plans subject to payment of the usual permit fees
and other fees as are payable under by-law currently in force in the
Town and provided that all building plans comply with the Ontario
Building Code and such other Municipal By-laws as may be relevant.
16. LAPSE OF APPROVAL
In the event a building permit has not been issued to the
Owners within the period of two years hereinafter in this sentence E
referred to, the parties agree that the Town's approval of the site
plan and drawings referred to in paragraph number 1 hereof shall
+ lapse upon the expiry of two years from the date of the execution of
I this Agreement.
17. CONSTRUCTION COMMENCEMENT
The Owners agree to commence construction of any building or
buildings for which a permit may be issued under Paragraph 15 hereof
as soon as is reasonably practicable following the issuance of any
such permit.
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18, INILRPRLIAIION N01 MA LCILD BY 11LADINGJ
The division of this Agreement into paragraphs and the
insertion of headings are for convenience of reference only and shall
not in any way affect the interpretation of this Agreement.
IN WITNESS WHEREOF the parties have hereto affixed their hands
and seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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1 DR. EVERETT
R. JA ICE S. ALUIN
1 THE CORPORATION OF THE TOWN OF
NEWCASTLE
G. B. RICKARD, MAYOR
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OAKES, CLERK
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LIST OF SCHEDULES
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A - Legal Description of Said Lands
B - Affidavit of Ownership
C - Site Plan including:
Location of Buildings
Landscaping and Fencing
Floodlighting
Grading and Drainage
D - Works Cost Estimate
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THIS IS SCHEOULF. "A" to the Agreement which has been authorized and
approved by Ily-law No. of the Town of Hcwcnqle, enacted
and passed the day of 198 ,
LEGAL DESCRIPTION OF SAID LANDS
(metes and bounds description to be provided by Owner)
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IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and/or corporate seals by the hands of their proper signing
jofficers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
j In the Presence of: )
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DR. JA C
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
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.; THIS IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted
1 and passed the day of 198
AFFIDAVIT OF OWNERSHIP
(to be provided by Owner)
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THIS IS SCHEDULE "C" to the Agreement which has been authorized and
approved by By-law No. of' the sown of' Newcastle, enacted
and passed the day of 198
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IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the Presence of: )
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DR. ERETT R R
R. JANICE S. AtUIN
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THE CORPORATION OF THE TOWN OF
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NEWCASTLE
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THIS 1S SCHEDULE "D" to the Agreement which has been authorized and
approved by By-law No, of the Town of Newcastle, enacted and
passed the day of , 198
WORKS COST ESTIMATE
(to be determined)
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IN WITNESS WHEREOF the parties have hereto affixed their hands and i
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R seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
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SIGNED, SEALED AND DELIVERED )
In the Presence of: )
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 54
being a By-law to amend Restricted Area By-law 1587, as amended, of
the former Town of Bowmanville, now in the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area (Zoning) By-law 1587, as
amended, of the former Town of Bowmanville,
NOW THEREFORE, the Council of the Corporation of the Town of
Newcastle enacts as follows:
1. Schedule "A" to By-law 1587, as amended, is hereby further
amended by changing to SPECIAL CONDITION 24 the zone designation of
the lands indicated as "ZONE CHANGE TO SPECIAL CONDITION 24" on the
attached Schedule "X" hereto and by adding to the lands so indicated
cross-hatching and the figure "24" encircled.
2. Schedule "B" to By-law 1587, as amended, is hereby further
amended by adding thereto the following:
SPECIAL CONDITION 24
e an s s own on Schedule "A" cross hatched and marked
with the figure 24 encircled shall be subject to the special
regulations hereinafter contained and where there is any
conflict between the regulations hereinafter set out and any
provision of By-law 1587, then the provisions of the SPECIAL
CONDITION shall apply, but in all other respects, the
provisions of By-law 1587, as amended, shall apply.
1.1 Defined Area
The area subject to this SPECIAL CONDITION is shown
cross-hatched with the figure "24" encircled on the attached
Schedule "A" hereto.
1.2 Permitted Uses
No person shall use any of the lands or erect, alter or use
any building or structure on such land for any purpose
execpt in accordance with the following provisions:
- a veterinary clinic and animal hospital for the treatment
of animals
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1.3 Zone Provisions
a) Lot Area (minimum) 873.0 square metres
b) Lot Frontage (minimum) 13.0 metres
c) Front Yard (minimum) 6.0 metres
d) Side Yard (minimum) .20 metres
e) Rear Yard (minimum) 30.0 metres
f) Building Height (maximum) 10.5 metres
g) Floor Area (minimum) 138.0 square metres
h) Lot Coverage (maximum) 23%
i) Parking Spaces (minimum) 4 spaces for each
practising
veterinarian
3. This By-law shall come into effect on the date hereof,
subject to the provisions of Section 35(10) of the Planning Act.
BY-LAW read a first time this 26 day of April 1982
BY-LAW read a second time this 26 day of April 1982
BY-LAW read a third time and finally passed this P6
day of April 1982
G. B. RICKARD, MA OR
D. W. OAKES, CLERK
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