HomeMy WebLinkAboutPSD-140-05
Cl~n
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, November 21 , 2005
Report #: PSD-140-05
File #: 18T -92004 and
ZBA 2005-010
By-law #:0<006 -C19)
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Subject:
APPLICATION FOR PLAN OF SUBDIVISION AND REZONING TO PERMIT
47 RESIDENTIAL UNITS
APPLICANT: HOME-LAND DEVELOPMENT GROUP LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-140-05 be received;
2. THAT the application for proposed Draft Plan of Subdivision 18T-92004, as amended
and submitted by Home-Land Development Group Limited be APPROVED and that the
Director of Planning Services be authorized to issue Draft Approval, subject to the
conditions as contained in Attachment 2;
3. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the
amending by-law, as per Attachment 3, be forwarded to Council for approval;
4. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time
that the applicant has entered into a subdivision agreement;
5. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision
Agreement between the Owner and the Municipality of Clarington at such time as the
agreement has been finalized to the satisfaction of the Directors of Engineering
Services and Planning Services;
6. THAT a copy of this report and Council's decision be forwarded to the Region of
Durham Planning Department; and
REPORT NO.: PSD-140-05
PAGE 2
7 . THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Da i . Crome, M.C.I.P., R.P.P.
Director of Planning Services
ReViewedbL)~~
Franklin Wu,
Chief Administrative Officer
BRlDJC/df
15 November 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-140-05
PAGE 3
1.0 BACKGROUND
1.1 Owner:
Home-Land Development Group Limited
1.2 Agent:
D.G. Biddle & Associates Ltd.
1.3 Plan of Subdivision:
Revision to previously submitted Plan of Subdivision (18T-
92004) to permit the development of a 47 unit residential
Plan of Subdivision consisting of 33 single detached
dwellings and 14 on-street townhouse dwellings.
1.4 Rezoning:
From "Agricultural (A) Zone" to appropriate zones to permit
the proposed development.
1.5 Area:
2.17 hectares (5.36 acres)
1.6 Location:
The area subject to the proposal is located east of Liberty
Street (Regional Road 14) in what was the rear yards of 221,
223, 227 and 239 Liberty Street North, Bowmanville and
north of the St. Lawrence and Hudson Railway and
Swindells Street, in part, Lot 10, Concession 2, former Town
of Bowmanville.
2.0 BACKGROUND
2.1 On April 21, 2005, the Planning Services Department received a revised Proposed Draft
Plan of Subdivision (revised 18T-92004) and a new rezoning Application (ZBA 2005-010).
2.2 Proposed Draft Plan of Subdivision 18T-92004 was originally submitted to Durham Region
on January 24, 1992. The original rezoning application was submitted to the former Town
of Newcastle on January 22, 1992. Insufficient progress was made on the application due
to a lack of consensus among the various owners resulting in the Municipality closing the
rezoning file on November 29, 2000 and recommending closure of the subdivision file.
The Region of Durham, being the approval authority at the time for subdivisions, did not
close the subdivision file.
2.3 Documentation submitted in support of the subdivision proposal included a Geotechnical
Investigation, a Phase 1 Environmental Site Assessment, and an On-street Parking Plan.
2.4 A public meeting for the proposed plan of subdivision and rezoning was held on June 20,
2005. Staff from D.G. Biddle & Associates spoke on behalf of the applicant. He stated
that they reviewed the report and had no concerns and that he would work with staff to
address concerns with lot sizes. At the subsequent Council Meeting on June 27,2005, a
neighbour appeared as a delegation stating concern that the elevation of his property is
approximately 10 feet below the property to be developed and that if the grade of the land
REPORT NO.: PSD-140-05
PAGE 4
can only be partially lowered, that the house be one storey. He also requested the
subdivision plan be amended to include a parkette. These issues are addressed in
Section 8.2.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The site is flat, currently vacant and has no significant environmental features.
3.2 The surrounding land uses are as follows:
North -
South -
East
West -
Low Density Urban Residential Uses
Low Density Urban Residential Uses
Medium Density Urban Residential Uses
Low Density Urban Residential Uses and beyond, Liberty Street North
4.0 PROVINCIAL POLICY STATEMENT CONFORMITY
4.1 The proposed plan of subdivision is an infill subdivision in a (fully serviced) settlement area
and therefore, is land use efficient, consistent with Sections 1.1.3 and 1.6.2. These
sections require settlement area land use patterns to efficiently use land, infrastructure and
public services facilities. This proposed subdivision makes use of the roads, watermains,
sanitary and storm sewers, schools and parks that already exist in the area that surround
the proposed subdivision.
5.0 OFFICIAL PLAN CONFORMITY
5.1 The Durham Regional Official Plan designates the property as Living Area and both
applications conform.
5.2 The property is designated as Urban Residential (Low Density) in the Clarington Official
Plan, with a Medium Density Residential symbol, and both applications conform.
6.0 ZONING BY-LAW COMPLIANCE
6.1 Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, zones the property
"Agricultural (A)". A rezoning of the site is required to implement the Proposed Draft Plan
of Subdivision.
7.0 AGENCY COMMENTS
7.1 The applications were circulated to various agencies and other departments. The following
summarizes comments and requested conditions of draft approval received.
REPORT NO.: PSD-140-05
PAGE 5
7.2 The Clarington Building Division, Clarington Emergency & Fire Services, the French
Separate School Board and Rogers Cable all had no concerns.
7.3 Both the Separate School Board and the Public School Board requested adequate
sidewalks be provided.
7.4 With the submission of the Revised Proposed Draft Plan of Subdivision (August 2,2005),
the Engineering Services Department has no further concerns provided its 14 conditions of
draft plan approval are satisfied.
7.5 Veridian Connections provided detailed comments. Electric service is available on the
road allowances in the property and specifically, servicing will be from Redfern Crescent,
Forrester Drive and Swindells Street. Veridian has no objections to the proposed
development.
7.6 Enbridge and Bell have no objections but both have several conditions of draft plan
approval.
7.7 The Regional Planning Department noted the revised subdivision plan is permitted by the
Durham Region Official Plan.
Municipal Services
. Municipal water and sanitary service is available from the existing watermain and
sanitary sewer on Redfern Crescent at its current northeast terminus and at its current
southwest terminus, and from the existing watermain and sanitary sewer on Forrester
Drive.
Provincial Plan Review Responsibilities
. The property is proximate to a tributary of Soper Creek and therefore, has potential for
archaeological concerns and will require an archaeological site assessment.
. A Phase 1 Environmental Site Assessment has been completed revealing there are no
environmental contamination issues and that the property is suitable for the proposed
development.
. A Noise Impact Study submitted by G.M. Sernas in 1992 was evaluated and noise
attenuation measures were found to be acceptable. An addendum to the report is
required to make appropriate references to the revised draft plan.
Based on the foregoing, the Region has no objection to draft approval of this plan. Eight
conditions of draft approval are to be satisfied prior to clearance by the Region for plan
registration.
7.8 Central Lake Ontario Conservation has no objections to ZBA 2005-010 and proposed plan
of subdivision 18T-92004. Appropriate conditions of draft approval, three in all, are to be
satisfied prior to clearance by the Authority for plan registration.
REPORT NO.: PSD-140-05
PAGE 6
8.0 STAFF COMMENTS
8.1 The proposed subdivision is an infill subdivision since it is surrounded by urban residential
development on all sides. Construction of the subdivision will complete the road pattern
for the area.
8.2 The neighbour who appeared at the June 27,2005 Council Meeting resides on the corner
of Swindells Street and Redfern Crescent which is abutting where Redfern Crescent will
be extended to serve the proposed subdivision. The grade difference of 10 feet he
mentioned will be completely or mostly eliminated since Redfern Crescent will be
essentially level and that will include the area abutting the rear yard of his property. The
neighbour also spoke about park space for the proposed subdivision. The neighbourhood
has its allotment of park space in the expanded Longworth Park and the Barlow Parkette.
There was never a plan for park space in the proposed subdivision.
8.3 Since the Public Meeting and subsequent Council Meeting of June 27, 2005, the proposed
plan of subdivision has been modified to address staff concerns. There are now 47
dwelling units in total, consisting of 33 single detached dwellings (16 x 10.15 metre
frontage; 12 x 10.50 metre frontage; 3 x 15.0+ metre frontage and 2 x 16.0+ metre
frontage); and 14 x 7.0 metre frontage townhouse dwellings. Staff is satisfied the
subdivision's single detached lot frontages and areas are sufficiently varied, with frontages
ranging from 10.15 metres to 16.0 metres or more and lot areas ranging from 288 square
metres to 535 square metres.
8.4 The Finance Department advises that the taxes for the whole subject property have been
paid in full.
9.0 CONCLUSION
9.1 The applications have been reviewed in consideration of the comments received from area
residents, the circulated agencies, the Clarington Official Plan and Zoning By-law 84-63.
The owner has agreed to the conditions of draft approval as contained in Attachment 2. In
consideration of the comments contained in this report, staff respectfully recommends the
proposed plan of subdivision, as contained in Attachment 1, be APPROVED subject to the
conditions of draft approval as contained in Attachment 2; and the Zoning By-law
Amendment as contained in Attachment 3 be APPROVED.
Attachments:
Attachment 1 - Site Location Key Map and Plan of Subdivision
Attachment 2 - Conditions of Draft Approval
Attachment 3 - Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Eric Vahamaki
Steven Kay
Nancy Gummow
Bill Creamer
Attachment #1
To Report #PSD-140-05
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.lIvme Key Map
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ZBA 2005-010
Zoning By-law Amendment
18T -92004
Subdivision Plan
Owner: Home-Land Development
Group Ltd.
Attachment 2
To PSD-140-05
CONDITIONS OF DRAFT APPROVAL
Plan of Subdivision 18T -92004
Lot 10, Concession 2, former Town of Bowmanville
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-92004, prepared by D.G. Biddle & Associates Limited, identified as
Project Number 105008, dated March, 2005, as revised and dated July 2005, which
illustrates 33 lots for single detached dwellings, 3 blocks for 14 townhouse dwellings, 3
blocks to be developed in conjunction with adjacent lands, 1 block to be conveyed to an
adjacent owner and roadways.
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction of the
Regional Municipality of Durham and the Municipality of Clarington.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. The Applicant/owner must enter into a subdivision agreement with the Municipality which
includes all requirements of the Engineering Services Department regarding the
engineering and construction of all internal and external works and services related to this
proposal, and agree to abide by all terms and conditions of the Municipality's standard
subdivision agreement, including, but not limited to, the requirements that follow.
5. This subdivision must be developed as a single phase. Phasing will not be permitted.
6. The west side of Redfern Crescent must be fully serviced with water, sanitary sewer,
storm sewer, hydro, telephone and cable television for any future lots that may front onto
this street.
7. Prior to the issuance of building permits for the subdivision, the Applicant/owner must
provide for the removal of any existing temporary turning circles situated adjacent to the
subject draft plan. The Applicant/owner must reconstruct any roads containing temporary
turning circles to an urban standard, including asphalt paving, curb and gutter, boulevard
sod, sidewalks, street lighting and street trees.
8. The Owner shall be 100% responsible for the costs, financial and otherwise, associated
with the removal of any existing fence, structures or other items that encroach onto the
subject lands.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
9. The Developer is required, as a condition of the development agreement, to make the
front end payments to the Municipality for the amounts stated in the front end agreements
entered into between the Municipality and:
1. Schickedanz Upper and Lower (Storm Water Management Works)
2. Orchard Park Subdivision (Storm Sewer Oversizing)
3. Mann Street Storm Sewer (Storm Sewer Oversizing)
10. The Applicant/owner will be required to provide appropriate cash contribution in lieu of the
normal parkland dedication, in accordance with the provisions of the Planning Act.
11. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this program has
been approved except as authorized by the Municipality.
12. Prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all water
mains and hydrants are fully serviced and the Owner agrees that during construction, fire
access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code,
storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning
as per Subsection 2.6.3.4 of the Ontario Fire Code.
13. All land dedications, easements, sight triangles and reserves as required by the
Municipality for this development must be granted to the Municipality free and clear of all
encumbrances and in a form satisfactory to the Municipality's Solicitor.
14. The Owner shall provide the Municipality, at the time of execution of the subdivision
agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's
Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy
Deposit and other guarantees or deposit as may be required by the Municipality.
15. The Owner shall pay to the Municipality, the development charge in accordance to the
Development Charge by-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charge Act if any are required to
be paid by the Owner.
16. All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of the
Municipality Development By-law and all applicable legislation and to the satisfaction of
the Director of Engineering Services.
17. The Applicant/owner must meet all the requirements of the Municipality of Clarington,
financial or otherwise.
18. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
19. The Owner shall agree to maintain in full service any existing sanitary or water services
within the plan which are proposed to be relocated until such time as the new services
have been completed and approved by the Region and all costs incurred in relocation and
abandonment of these services shall be borne by the Owner.
20. Prior to final approval, the Proponent shall engage a qualified professional to carry out to
the satisfaction of the Ministry of Culture an archaeological assessment of the entire
property and mitigate, through preservation or resource removal and documentation,
adverse impacts to any significant archaeological resources found. No demolition, grading
or other soil disturbances shall take place on the subject property prior to the Ministry of
Culture confirming that all archaeological resource concerns have been met including
licensing and resource conservation requirements.
21. The Owner shall agree to submit to the Regional Municipality of Durham, for review and
approval, a revised acoustic report or an addendum report prepared by an acoustic
engineer on projected traffic volumes provided by the Durham Region Planning
Department and recommended noise attenuation measures for the draft plan in
accordance with the Ministry of the Environment guidelines. The Owner shall agree in the
area Subdivision Agreement to implement the recommended noise report (i.e. author, title,
date and any revisions/addenda thereto) and shall include any required warning clauses
identified in the acoustic report. The Owner shall provide the Region with a copy of the
subdivision agreement containing such provisions prior to final approval of the plan.
22. The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are required to
service this plan. In addition, the Owner shall provide for the extension of sanitary sewer
and water supply facilities within the limits of the plan which are required to service other
developments external to this subdivision. Such sanitary sewer and water supply facilities
are to be designed and constructed according to the standards and requirements of the
Regional Municipality of Durham. All arrangements, financial and otherwise, for said
extensions are to be made to the satisfaction of the Regional Municipality of Durham, and
are to be completed prior to final approval of this plan.
23. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall
be satisfied that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
24. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the provision and
installation of sanitary sewers, water supply, roads and other regional services.
25. The Owner shall agree to convey free and clear of all encumbrances, Block 38 to the
owner of the property known as 239 Liberty Street North and identified by Property Tax
Assessment Roll Number: 18 17 020 060 06401.
26. The Owner agrees Blocks 37, 39 and 40 cannot be developed until such time they have
been melded to adjacent lands beyond the limits of the subdivision proposal and comply
with the lot frontage and lot area requirements of the zoning by-law.
27. The Owner agrees that where the well or private water supply of any person is interfered
with as a result of the subdivision, the Owner shall at his expense, connect the affected
party to municipal water supply system.
28. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area
municipal approval of the zoning for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
29. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan including fencing details, boulevard treatments, community entrance
features, signage and lighting to the Director of Engineering Services and the Director of
Planning Services for review and approval. The Landscaping Plan shall meet the
minimum design criteria of the Municipality as amended from time to time.
30. The Owner shall adhere to architectural control requirements of the Municipality.
31. Prior to anyon-site grading or construction or final approval of the plan, the Owner shall
submit to, and obtain approval from the Central Lake Ontario Conservation Authority for
reports describing the following:
a) the intended means of conveying storm water flow from the site, including use of
storm water techniques which are in accordance with provincial guidelines;
b) the anticipated impact of the development on water quality, as it relates to fish and
wildlife habitat once adequate protective measures have been undertaken; and
c) the means whereby erosion and sedimentation and their effects will be minimized
on the site during and after construction, in accordance with provincial guidelines.
The report must outline all actions to be taken to prevent an increase in the
concentration of solids in any water body as a result of on-site, or other related
works, to comply with the Canada Fisheries Act.
32. The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and Technical
Review Fees owing as per the approved Authority Fee Schedule.
33. The Owner shall agree within the subdivision agreement to carry out or cause to carry out
the requirements and/or recommendations of those reports outlined in Condition 31. In
order to expedite clearance of Condition 33, a copy of the fully executed subdivision
agreement should be submitted to the Authority.
34. The Owner must place in all agreements of purchase and sale for lots completely or
partially within 300 metres of the St. Lawrence & Hudson Railway right-of-way, warning
prospective purchasers or tenants of the existence of the Railway's operating right-of-way;
the possibility of alterations including the possibility that the Railway may expand its
operations, which expansion may affect the living environment of the residents
notwithstanding the inclusion of noise and vibration attenuating measures in the design of
the subdivision and individual units, and that the Railway will not be responsible for
complaints or claims arising from the use of its facilities and/or operations.
35. The Developer is to coordinate the preparation of an overall utility distribution plan to the
satisfaction of all affected authorities.
36. The Developer shall grade all streets to final elevation prior to the installation of the gas
lines and provide the necessary field survey information required for the installation of the
gas lines, all to the satisfaction of Enbridge Gas Distribution.
37. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to
Bell Canada any easements that may be required for telecommunication services.
Easements may be required subject to final servicing decisions. In the event of any conflict
with existing Bell Canada facilities or easements, the owner/developer shall be responsible
for the relocation of such facilities or easements.
38. The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell
Canada complying with any underground servicing conditions imposed by the municipality.
39. Prior to final approval of this plan for registration, the Director of Planning Services for the
Municipality of Clarington shall be advised in writing by:
a) Regional Municipality of Durham, how Conditions 3, 18, 19, 20, 21, 22, 23 and 24
have been satisfied;
b) Central Lake Ontario Conservation Authority, how Conditions 31, 32 and 33
have
been satisfied;
c) Enbridge Gas, how Conditions 35 and 36 have been satisfied; and
d) Bell Canada, how Conditions 37 and 38 have been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval date, and
no extensions have been granted, draft approval shall lapse and the file shall be CLOSED.
Extensions may be granted provided valid reason is given and is submitted to the Director
of Planning Services for the Municipality of Clarington well in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions
of draft approval in an expeditious manner. The conditions of draft approval will be
reviewed periodically and may be amended at any time prior to final approval. The
Planning Act provides that draft approval, may be withdrawn at any time prior to final
approval.
3. All plans of subdivision must be registered in the Land Titles System within the Regional
Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in order to
facilitate their clearance of conditions for final approval of this plan. The addresses and
telephone numbers of these agencies are:
c)
d)
a)
Durham Region Planning Department
P.O. Box 623
605 Rossland Road East
WHITBY, ON L 1 N 6A3
(905) 668-7711
b)
Central Lake Ontario Conservation Authority
100 Whiting Avenue
OSHAWA, ON L 1 H 3T3.
(905) 579-0411
Enbridge Consumers Distribution
Area Records Co-ordinator
P.O. Box 650
SCARBOROUGH, ON M1 K 5E3
Enbridge Consumers Distribution
Sales Development Co-ordinator
1350 Thornton Road South
OSHAWA, ON L 1 J 8C4
(905) 436-7012
1-800-265-6164 ext. 7012
Bell Canada
Right of Way
Floor 3
100 Borough Drive
SCARBOROUGH,ON M1P4W2
(416) 296-6291
Attachment 3
To PSD-140-05
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA
2005-010;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Agricultural (A) Zone" to "Holding-Urban Residential Type One ((H)R1) Zone";
"Agricultural (A) Zone" to "Holding-Urban Residential Type Two ((H)R2) Zone";
"Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R2-30) Zone";
"Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R2-41) Zone"; and
"Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R3-20) Zone".
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of
2005
BY-LAW read a second time this day of
2005
BY-LAW read a third time and finally passed this day of
2005
John Mutton, Mayor
Patti L. Barrie, Clerk
This is Schedule "A" to By-law 2005-
passed this day of '12005 A.D.
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Patti L. Barrie, Municipal Clerk
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