June 25, 2015 - Village of Forsyth, Illinois
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June 25, 2015 - Village of Forsyth, Illinois
AGENDA REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF FORSYTH, ILLINOIS 6:30 P.M. THURSDAY, JUNE 25, 2015 VILLAGE HALL, 301 SOUTH ROUTE 51, FORSYTH, ILLINOIS CALL TO ORDER ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS 1. Variance request: Coziahr (150 W Marion Avenue) Coziahr Harley Davidson is requesting a variance to the sign regulations of the Village of Forsyth Development Ordinance. 2. Variance request: Neil Plaza LLC (107 Highland) Neil Plaza LLC is requesting a variance to the sign regulations and parking requirements of the Village of Forsyth Development Ordinance. OLD BUSINESS 1. Text Amendments to the Village of Forsyth Development Ordinance NEW BUSINESS ADJOURNMENT Agenda Regular Meeting Of The Planning And Zoning Commission Of The Village Of Forsyth, Illinois Thursday, June 25, 2015 Page 1 Of 1 MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION FOR THE VILLAGE OF FORSYTH, IL Held at the Village Hall May 28, 2015 Call to Order Planning and Zoning Commission Chair Bill Busbey called the meeting to order at 6:30 p.m. Pledge of Allegiance Roll Call Upon call of the roll, the following Planning and Zoning Commissioners answered present: Physically Present: Regular Commissioners: Bill Busbey, Dennis Downey, Brandon Janvrin, Matt May, Kris Quandt, Scott Spriggs Regular Commissioners Absent: Larry Perkins Alternate Commissioners Physically Present: Steve Ragan, Terry Taylor Quorum Also Physically Present: Administrator David Strohl, Inspector Linn Summers, Attorney Angela Fyans-Jimenez, Economic Development Coordinator Emily Prather, Engineer Dave Harp, Clerk Amy Goodman, John Moody Approval of Minutes Chair Bill Busbey referred to the minutes of April 23, 2015 for review. He asked if there were any corrections or additions needed. There were none. Dennis Downy moved and Kris Quandt seconded to approve the minutes. Upon a call of the roll, the vote was: Yeas: 6— Bill Busbey, Dennis Downey, Matt May, Kris Quandt, Scott Spriggs, Terry Taylor Nays: 0— None Abstain: 1 -- Brandon Janvrin Absent: 1— Larry Perkins Motion declared carried. Purpose of Meeting Chair Bill Busbey explained that the agenda for tonight’s meeting includes two Public Hearings: 1) A continuation Text Amendment request to modify provisions regarding the OT Zoning District and add a definition and regulations for mixed use buildings, and 2) Text Amendment to the Village Forsyth Development Ordinance. Village of Forsyth Planning and Zoning Commission Meeting Minutes May 28, 2015 2 PUBLIC HEARINGS Text Amendment request: Village of Forsyth The Village of Forsyth is requesting to modify provisions regarding the OT Zoning District and add a definition and regulations for mixed use buildings. Chair Bill Busbey continued the Public Hearing at 6:35 p.m. Economic Coordinator Emily Prather presented the proposed text amendment for the Original Town District parking regulations for a mixed building. Three options were presented. Option A: 2 spaces per dwelling unit, plus 6 spaces per 1000 square feet of floor area, plus 4 stacking spaces for each drive-up window provided. Option B: Every use type must comply with the parking standards for the specific use listed within this table. If a use is unknown at the time of development a minimum of 4 spaces per 1000 square feet of floor area shall be required and a site should be able to demonstrate the ability to locate additional parking on the site should a future use need it to comply with the parking standards. Option C: Every use type must comply with the parking standards for the specific use listed within this table. The Public Hearing was closed at 6:40 p.m. Brandon Janvrin moved and Matt May seconded to accept Option B, as recommended by staff. Upon a call of the roll, the vote was: Yeas: 7— Bill Busbey, Dennis Downey, Brandon Janvrin, Matt May, Kris Quandt, Scott Spriggs, Terry Taylor Nays: 0— None Absent: 1— Larry Perkins Motion declared carried. Dennis Downey moved and Kris Quandt seconded to approve the proposed text amendment with said changes. Upon a call of the roll, the vote was: Yeas: 7— Bill Busbey, Dennis Downey, Brandon Janvrin, Matt May, Kris Quandt, Scott Spriggs, Terry Taylor Nays: 0— None Absent: 1— Larry Perkins Motion declared carried. Text Amendment request: Village of Forsyth The Village of Forsyth is proposing changes to enhance and modify provisions to the Development Ordinance. Chair Bill Busbey opened the Public Hearing at 6:45 p.m. Economic Coordinator Emily Prather stated she has made the changes to the Development Ordinance as requested from the last meeting. After discussion on what changes were Village of Forsyth Planning and Zoning Commission Meeting Minutes May 28, 2015 3 suggested to the Ordinance, the Commission recommended adding the word “consecutive” to the “Temporary Outdoor Sales Event” definition and regulations. The Commission also agreed to add “Planning and Zoning Chairman or alternate commission member” to the definition of “Plan Review Committee” and within the regulation of Plan Review Committees in 9.14 E. Kris Quandt moved and Dennis Downey seconded to approve the text amendment request as presented including the changes discussed. Upon a call of the roll, the vote was: Yeas: 7— Bill Busbey, Dennis Downey, Brandon Janvrin, Matt May, Kris Quandt, Scott Spriggs, Terry Taylor Nays: 0— None Absent: 1— Larry Perkins Motion declared carried. The Public Hearing was closed at 7:45 p.m. Old Business None New Business None Next Meeting Chair Bill Busbey announced that the next regular Planning & Zoning meeting would be June 25, 2015 at 6:30 p.m. Adjournment Dennis Downey moved and Kris Quandt seconded that the meeting be adjourned. The meeting was adjourned at 7:50 p.m. by voice vote. Amy Goodman By: _______________________________ Village Clerk Reviewed by William F. Busbey P&ZC Chairman 31 May 2015 Staff Summary June 25, 2015 Agenda Item # 1 Public Hearings REPORT TO: Planning and Zoning Commission FROM: Emily Prather, Community & Economic Development Coordinator SUBJECT: Public Hearing And Potential Action Regarding A Variance For 150 W Marion Avenue – Coziahr BACKGROUND: Coziahr Harley Davidson is preparing to expand their current building by adding on an addition to their building at 150 W. Marion Avenue. With this new addition, current signage on the building will need to be relocated. This includes a “Service” sign that is the purpose of this variance. Ordinance 790 was approved back in 2010 for the Service sign to be located specifically on the east side of the business and not to exceed 42.5 square feet. Now with the expansion to the current building, Coziahr needs to move the existing sign to the South side of the building where the service entrance will be located and is asking for a variance to allow this relocation. Ordinance 891 was approved back in September 2013, for the relocation of signage relating to the expansion of the Coziahr building, but that variance request has expired as regulated by the 18 month timeframe in Section 9.15 which is another reason for this current variance request. The public hearing notice was published in the Decatur Herald and Review on June 10th according to Illinois Statutes. COMPREHENSIVE PLAN: One part of a goal listed within the Comprehensive Plan for the Village is to concentrate on minor commercial expansions. RECOMMENDATION: Since the sign is an existing sign that will be relocated with the building expansion, staff believes there is justification for the practical difficulty or particular hardship for the variance standards that the Planning and Zoning Commission could recommend approval to the Board of Trustees. Village of Forsyth 301 South Route 51 Forsyth, IL. 62535 Phone: 217-877-9445 Fax: 217-877-9863 Variance Standard Questions 1. What special or unique circumstances exist that are unique to the property seeking the variance (examples of special circumstances include, but are not limited to the physical character of the land or buildings, dimensions, topography, and soil conditions)? With the new addition, the “Service” entrance is being relocated to the south side of the building; therefore, the “Service” sign needs to move along with it. 2. Are the special circumstances not of so general or recurring a nature throughout the entire Village as to make it reasonably practical to provide for a general regulation? No, the circumstance seems specific to this site. 3. Will the strict application of the Development Ordinance deprive the applicant of rights and/or uses commonly enjoyed by other owners of property in the immediate area under the regulations of this Development Ordinance? Please explain and give examples if available. This variance was previously approved in October of 2013; however, it expired. In addition, a prior variance allowed (3) signs on the south façade of the existing building. Since that time, (1) of the (3) signs has been removed. 4. Will the authorization of such variance not be of substantial detriment to adjacent property and will the granting of the variance not change the character of the district? Please explain. The sign is an existing sign on the east façade; therefore, the relocation should have little impact on adjacent properties. In fact, it should provide improved direction and traffic flow in the shared parking lot. 5. Is the variance the minimum variance that will make possible the reasonable use of the property, building, or structure? Please explain. Yes. If the sign is not relocated, then it will be inside of the new addition. Surrounding Property Owners Tim & Debra Coziahr 150 W Marion Forsyth, IL 62535 O’Charley’s Inc #338 306 Gay St Suite 210 Nashville, TN 37201 BWW of Forsyth LLC 422 E Washington Ste 200 East Peoria, IL 61611 Prospect Properties LLC 527 Will Ln. Forsyth, IL 62535 Prairie State Bank Trust Trustee Tr #1095 340 W Main St; PO Box 260 Mt. Zion, IL 62549 RMBJR LLC Forsyth Professional Ctr 241 W Weaver Rd Ste 265 Forsyth, IL 62535 Decatur Earthmover Credit Union 2600 E Dividend Dr. Decatur, IL 62526 Magna Trust 3070 Attn: Dowd Dev. Co 3103 Kandy Ln Decatur, IL 62526 AR Capital LLC Assignment of Ground Lease 200 Dryden Rd. Ste 1100 Dresher, PA 19046 Hickory Point LLC 2030 Hamilton Place Bl Ste 500 Chattanooga, TN 37421 Staff Summary June 25, 2015 Agenda Item # 2 Public Hearings REPORT TO: Planning and Zoning Commission FROM: Emily Prather, Community & Economic Development Coordinator SUBJECT: Public Hearing And Potential Action Regarding Variances For 107 Highland Drive – Neil Plaza LLC BACKGROUND: Neil Plaza LLC is planning on developing a new 7,275 square foot strip retail building with four tenants. Neil Plaza LLC is requesting two different variances from the Development Ordinance. The first variance deals with the parking standard requirements and requests to allow 52 parking spaces for the building no matter what uses go into the building which would also be calculated as approximately 7 parking spaces per 1000 square feet. In my research, other retail strip buildings within the Village have similar ratios for parking. The Verizon strip building has 3 units and computes to approximately 5 parking spaces per 1000 square feet. The strip retail building that holds Subway and has 4 units computes to approximately 6 parking spaces per 1000 square feet. Forsyth Commons is approximately 4.4 parking spaces per 1000 square feet. The second variance deals with the sign regulations and requests to allow a pole sign with a maximum height of 25 feet and sign area of 56 square feet. Other signs for commercial buildings in the surrounding area along Highway 51 have been granted to have greater height and sign area than what is stated in the Development Ordinance. The public hearing notice was published in the Decatur Herald and Review on June 10th according to Illinois Statutes. COMPREHENSIVE PLAN: The Comprehensive Plan notes there are opportunities to add new in-fill development and redevelop underutilized or vacant sites to continue to evolve Forsyth’s commercial base. RECOMMENDATION: Staff believes justification for the variance standards could be made for the parking variance request and the sign area variance request but the sign height variance may not be the minimum variance sign height but could coincide with some of the neighboring pole signs that have been permitted variances to the Development Ordinance. Staff recommends the Commission recommend approval to the Board of Trustees for the variance request for 107 Highland as long as the Commission feels the variance standards have been met. Village of Forsyth 301 South Route 51 Forsyth, IL. 62535 Phone: 217-877-9445 Fax: 217-877-9863 Building Description: 4 suits class A 7200 square foot strip mall with 52 parking spaces will be built on 107 Highland Drive, Forsyth Il 62535. The site plan, frontage and side elevation attached. Reason for variance: many restaurant users like Starbucks, Penn Station and Smash Burger called for lease on the strip mall, but with the current strict parking requirement on the Fast Food Restaurant user would not allow us take them in. These franchise restaurants will be a great addition to Forsyth community. The pole sign signage height and square footage on the sign is another concern for most of potential tenants that had called. Variances needed: Allow 52 parking spaces for a 7200 square foot strip mall no matter what uses go into the building. This could also be stated as 13 spaces per unit or approximately 7 parking spaces per 1000 square feet. Other strip malls within the Village have less than 7 parking spaces per 1000 square feet. Increase the current height on the pole sign from 15 feet to 25 feet for better visibility. Also increase the signage square footage from 45 square foot to 56 square foot. Attached the drawing for better idea. Note: Please consider the above changes. I truly believe this strip mall will be a great addition to the Forsyth community. It might open door to other developers to the village. As I had noticed there aren’t many building been built for past 5 years except for the Menard in the village. Variance Standard Questions 1. What special or unique circumstances exist that are unique to the property seeking the variance (examples of special circumstances include, but are not limited to the physical character of the land or buildings, dimensions, topography, and soil conditions)? The current dimensions and set back on the land makes it impossible to fully utilize the land which lead to build less usable parking spaces. With the current 40 feet set back on the US 51 causes the signage to seem much smaller with current 45 square foot signage restriction. Higher signage and bigger square footage will make it more visible for the tenants. 2. Are the special circumstances not of so general or recurring a nature throughout the entire Village as to make it reasonably practical to provide for a general regulation? No need to provide for a general regulation for this variance, it just within our strip mall. 3. Will the strict application of the Development Ordinance deprive the applicant of rights and/or uses commonly enjoyed by other owners of property in the immediate area under the regulations of this Development Ordinance? Please explain and give examples if available. There’s two strip malls out parcel to the Hickory Point Mall behind the Applebee Restaurant and Cedar Restaurant has less parking spaces than they required within the strip mall. There are many business with higher than 15 feet high pylon signage and larger than 45 square foot, just name a few: McDonald, Shell gas station, Lowes plaza, Menard, and etc. 4. Will the authorization of such variance not be of substantial detriment to adjacent property and will the granting of the variance not change the character of the district? Please explain. The granting of the variance should not affect the adjacent property nor the district. We will have control of the users within the strip mall. For our own sake, we would not allow multiple users to use up all the parking spaces and causes other tenants not be able do business. Also, no tenant willing to pay rent when there’s no parking spaces for their customers. 5. Is the variance the minimum variance that will make possible the reasonable use of the property, building, or structure? Please explain. Yes. The variance we asked are very reasonable, and by allowing the variance the strip mall can bring in multiple class A tenants like Sport Clip, Penn Station, and possibly Moe’s Southwest Grill. But the current parking restriction would not allow us to do so. Especially the restriction on the hair salon, 3 spaces per station which is unheard of in Central Illinois. Allowing us having a higher signage and bigger square footage give tenants easier to do business in Village of Forsyth and allowing them to be a long term business parlor here. Surrounding Property Owners Neil Plaza LLC 3805 Thackeray Drive Springfield, IL 62711 McDonalds USA LLC PO Box 182571 Columbus, OH 43218 SEBS Properties LLC PO Box 271 Glencoe, IL 60022 Tim Nord 2510 W Washington Street Bloomington, IL 61701 Lincoln Land Illinois Land Trust 234 S Franklin Decatur, IL 62523 Newlon & Margie Coffey Life Estate Attn: Tim Dowd 4410 Birch Church Rd. Decatur, IL 62521 VHB Hotels LLC 1013 E Eldorado Decatur, IL 62521 The Back Institute LTD 389 W Weaver Rd. Forsyth, IL 62535 Forsyth Commons LLC 101 S Main Street Ste 800 Decatur, IL 62523 Coutar Remainder III & Kooshtard Property III 1370 Ave of Americas 29th Fl New York, NY 47201 Hickory Point LLC 2030 Hamilton Place Bl Ste 500 Chattanooga, TN 37421 Allen Hom Ernest Trust 17221 Lido Ln Huntington Beach, CA 92647 Staff Summary June 25, 2015 Agenda Item # 1 Old Business REPORT TO: Planning and Zoning Commission FROM: Emily Prather, Community & Economic Development Coordinator SUBJECT: Text Amendment To The Village Of Forsyth Development Ordinance BACKGROUND: The Village Board of Trustees reviewed the changes to the Development Ordinance at their June 1st meeting and wanted the Commission to review four different sections that were being proposed to change. The first section to review is Section 3.12 for Home Occupations. Trustees noticed teachers and tutors were not listed on the permitted home occupation list and believed that should be added. The second section to review is Section 3.16 for Buffering/Screen Plantings. Trustees did not like the original wording that allowed shrubs to only be a height of 3 feet so additional wording is being proposed to state a minimum height for landscaped screening to be achieved within 3 years of 6 feet for any landscaped screening. The third section to review is Section 4.6 C(12) for Outdoor Displays. Trustees were concerned with limiting outdoor displays to 20% of the floor area because that percentage may be too limiting so a new proposed percentage of 50% is being proposed. The fourth section to review is Section 6.3 F(12) relating to the addition of compact parking spaces and the wording of this addition. New wording is being proposed for this section so this section should be reviewed for clarity. RECOMMENDATION: The Planning and Zoning Commission should review these four sections and staff’s modifications to the proposed changes to the Development Ordinance and when the Commission is content with the wording for the text amendments they may recommend approval to the Village Board of Trustees for the text amendments to the Village of Forsyth Development Ordinance. Village of Forsyth 301 South Route 51 Forsyth, IL. 62535 Phone: 217-877-9445 Fax: 217-877-9863 Text Amendment. The following text amendments shall be made to the Development Ordinance: 1. Section 3.12 Home Occupations shall be modified as follows: A. General – The standards for home occupations are intended to insure compatibility with other permitted uses and the residential character of the neighborhood and to maintain the subordinate and incidental status of the home occupation. B. Performance Requirements – A home occupation or profession, where permitted in a zoning district, shall meet the following performance requirements in addition to those standards applicable to the district in which they are located: (1) Not more than one (1) person other than members of the immediate family occupying such dwelling shall be employed on the premises. (2) No alteration of the principal building shall be made which changes the residential appearance of the dwelling. (3) No more than twenty-five percent (25%) of the net floor area of the residential dwelling unit shall be devoted to any home occupation. (4) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in Article VI of this Ordinance, and shall not be located in a required front yard. (5) Signage shall be in conformance with Article VII of this Ordinance. (6) No equipment or material used shall constitute a hazard, create a nuisance or interfere with the reception of broadcast signals. (7) The home occupation shall be conducted entirely within the principal building that is used as the residential dwelling. (8) All material equipment, merchandise, or work in process shall be wholly enclosed within the dwelling or an accessory building. (9) Any home occupation which is not listed under Section C: Permitted Home Occupations below shall require Board of Trustee approval before being allowed as a permitted home occupation. C. Permitted Home Occupations: (1) Day Care Homes licensed by the State of Illinois. (2) Dressmakers, seamstresses, or tailors. (3) Music or dancing teachers, provided that the instruction shall be limited to one pupil at a time, except for occasional groups. (4) Educational teacher or tutor, provided that the instruction shall be limited to one pupil at a time, except for occasional groups. (5) Artists, photographers, sculptors, or authors. (6) Physicians, dentists, or other licensed medical practitioners. (7) Planners, architects, attorneys, engineers, realtors, insurance agents, brokers, and members of similar professions. (8) Offices for salespersons, sales representatives or manufacturers' representatives; provided that no retail transactions shall be made 1 D. on the premises except through telephone, facsimile or mail communication and no wholesale transactions shall include the acceptance or delivery of merchandise on the premises. (8)(9) Beauty Parlor, Barber Shop, or Hair Salon Prohibited Home Occupations: (1) Animal hospitals. (2) Clinics or hospitals. (3) Commercial boarding stables or kennels. (4) Dancing schools, except where permitted above. (5) General Retail Sales (5)(6) Mortuaries. (6)(7) Nursery schools. (7)(8) Private clubs. (8)(9) Renting of trailers. (9)(10) Repair shops or service establishments, except the repair of small electrical appliances and other similar items. (10)(11) Restaurants. (12) Vehicle body repair, or rebuilding or dismantling of vehicles. (11)(13) Welding 2. Section 3.16 Buffering/Screen Plantings shall be modified as follows: Where a proposed residential subdivision abuts a more intensive land use, landscape screening shall be provided.These provisions apply when a use is established in a more intensive zoning district adjacent to a pre-existing residential district. Where this occurs, the more intensive use shall provide a buffer yard and screening subject to the provisions stated below. Such screening may be accomplished through the provision of landscaped berms, evergreen plants including trees or shrubsa compact hedge, fences, walls, or a combination of these methods, as approved by the Village during the site plan review process or preliminary and final plan and/or plat review process. A. A minimum twenty-five (25) foot wide buffer yard is required around the side and/or rear property lines of a more intensive use which abuts a preexisting less intensive use. The various screening methods listed above shall be the only items allowed to be placed within this required buffer yard with the exception of other landscaping items that serve as aesthetic purposes for a site. A.B. Required screening shall be a minimum of five (5) feet in height at installation for ornamentalevergreen trees and three (3) feet for evergreen shrubs. Any other type of screening shall be a height of six (6) feet. B.C. The placement of a screen shall not impair the safety of pedestrian or vehicular traffic. C. Where off-street parking is visible from a public right-of-way, screening shall be at least three (3) feet high upon installation, as measured from the surface elevation of the closest parking surface. D. Screening shall maintain a year round opacity not less than seventy-five (75) percent. 2 E. Where screening is required, a landscape plan, prepared by a licensed landscape architect, shall be submitted with the site plan or preliminary and final plan and/or plat of subdivision, and shall show: (1) Location, design, and dimensions of proposed fencing, if any. (2) Location, species, size and quantity, of proposed trees and shrub plantings. (3) Contours of proposed berms, if any. (4) Limits of seed or sod, and identification of groundcovers, if any. F. Landscape plantings shall be kept alive and in good condition, or replaced. Landscaped screening shall achieve a minimum height of six (6) feet within three (3) years of planting. Any property owner that does not maintain required screening in accordance with approved plans shall be subject to fines as described in Article IX, Section 9.16 of this Ordinance. G. Screening shall be incorporated into a landscape plan prepared for the project, and shall require review and recommendation of approval by the Village. 3. A new Section 4.6 C(12) shall be added as follows: Outdoor Display: (a) Outdoor displays shall be permitted only as accessory uses on the same lot as a permitted or special use, and shall not be operated as a separate business. (b) Unless otherwise provided by this Code, outdoor display areas shall not be located on any public or private right-of-way. (c) No outdoor display areas shall be located within fifty (50) feet of any single-family residentially zoned district, exclusive of rights-of-way. (d) Outdoor display areas shall be limited to 50 percent of the gross floor area of the primary building on the lot. Automobile dealers are exempt from this percent limitation. (e) Where an outdoor display is located on a sidewalk and/or walkway, an unobstructed portion of the sidewalk and/or walkway measuring not less than three feet in width shall be continuously maintained for pedestrian access and no point of access or egress from any building or any individual unit within any building shall be blocked at any time. (f) Parking: Outdoor display areas may be located within existing parking spaces but only if there are a sufficient number of other parking spaces available to meet the minimum parking requirements of the use(s) on the property as required in Section 6.5 of this ordinance. Outdoor display areas shall not be located within handicapped-accessible parking spaces or loading areas. (g) Outdoor display areas shall not be located in the required fire lanes as designated by the Hickory Point Fire Protection District. (h) Setbacks: Outdoor display areas may be located in front of, on the side of, or behind the primary building, but shall not encroach upon the required minimum yard setbacks for the zoning district. (i) Impact on Visibility: No outdoor display shall be located in the required vision clearance as regulated in Section 3.15 D of this ordinance. 3 (j) (k) All outdoor display areas must be maintained and displayed in a neat, orderly and safe manner. Any outdoor display that violates the provisions of this ordinance shall be subject to the penalty as provided in Section 10.99 of the Village of Forsyth Code of Ordinances. 4. Section 6.3 F(2) shall be modified as follows: Required parking spaces for all other uses shall be at least nine (9) feet in width and at least eighteen (18) feet in length, exclusive of access drives or aisles. Of the total number of required parking spaces for a parking lot, up to 40% of the total 90 degree angle spaces in a parking lot can be designated as compact spaces. Compact parking spaces at 90 degree angles shall be a minimum of 8.5 feet wide and 16 feet long. 4
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