2001-01-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 15, 2001
IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARINGS, IN THE COUNCIL
CHAMBERS OF THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
The meeting was called to order at 11:25 p.m. with the following present:
P&Z Chairman H. Charles Viktorin
P&Z Vice-Chairman Donald Glenn
P&Z Commissioner Emil A. Beltz
P&Z Commissioner Todd locco
P&Z Commissioner Randy Patro
P&Z Commissioner Russ Selemon
P&Z Commissioner Richard Tetens
City Engineer John Hargrove
Manager of Administrative
Support Tobin Maples
P&Z Secretary Jennifer Gonzales
II. APPROVAL OF MINUTES December 4, 2000 (Regular Meeting)
Commissioner locco made a motion to approve the December 4, 2000 minutes, and
Commissioner Beltz seconded the motion.
Motion to approve passed 7 to 0.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION - To consider amendments to the
Thoroughfare Plan (Figure 7.2), Yost Road, of the City of Pearland
Comprehensive Plan Ordinance.
Commissioner Tetens made a motion to forward the amendments to the
Thoroughfare Plan, Yost Road, to City Council for approval, and Commissioner
Patro seconded the motion.
Commissioner Tetens stated that he could not say whether or not he is in favor of
Yost Road opening, however, he feels that the City will need to have all these roads
studied.
Commissioner locco stated that he agreed with Commissioner Tetens, and he is not
in favor of Yost Road opening up.
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Motion to approve passed 6 to 1.
B. CONSIDERATION & POSSIBLE ACTION - To consider amendments to the
Thoroughfare Plan (Figure 7.2), Barry Rose Road, of the City of Pearland
Comprehensive Plan Ordinance.
Commissioner Patro made a motion to forward the consideration of amendments to
the Thoroughfare Plan, Barry Rose Road, to City Council for approval, and Vice-
Chairman Glenn seconded the motion.
Motion to approve passed 7 to 0.
C. CONSIDERATION & POSSIBLE ACTION - To consider amendments to the
Thoroughfare Plan (Figure 7.2), McHard Road, of the City of Pearland
Comprehensive Plan Ordinance.
Commissioner Tetens made a motion to forward the consideration of amendments
to the Thoroughfare Plan, McHard Road, to City Council for approval, and
Commissioner locco seconded the motion.
Commissioner locco asked Interim City Manager Alan Mueller what the
approximate time line is for the actually construction, and Mr. Mueller responded
that he does not have an answer at this time because it is not funded.
Motion to approve passed 7 to 0.
D. CONSIDERATION & POSSIBLE ACTION - To consider amendments to the
Thoroughfare Plan (Figure 7.2), Pearland Parkway, of the City of Pearland
Comprehensive Plan Ordinance.
Commissioner Beltz made a motion to forward the consideration of amendments to
the Thoroughfare Plan, Pearland Parkway, to City Council for approval, and
Commissioner Tetens seconded the motion.
Motion to approve passed 7 to 0.
E. CONSIDERATION & POSSIBLE ACTION - To consider amendments to
Chapter 27, Subdivisions, of the City of Pearland Code of Ordinances by
amending Section 27.4.(A)(3)(m) 1. General Requirements and Minimum
Design Standards; and Section 27.6.(D)(5) General Requirements and
Design Standards for Private Streets.
Commissioner Beltz made a motion to forward the consideration of amendments to
Chapter 27, Subdivisions, of the City of Pearland Code of Ordinances, to City
Council for approval, and Commissioner Tetens seconded the motion.
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Chairman Viktorin complemented staff on a job well done.
Motion to approve passed 7 to 0.
F. CONSIDERATION & POSSILBE ACTION - To consider amendments to
Section 2.1.2), Zoning Map., Section 2.3, Zoning Changes.; Chapter 3,
Definitions; Section 6.4.2.(c), Section 7.4.2.(a), Section 8.4.2(a), and
Section 9.4.2., Yard Requirements; Section 15.4.2.(a), Outdoor Activities
and Uses; Section 22.1., Landscape and Building Facade Regulations;
Section 24.1.(3)(f)2., Section 24.1.(3)(j), and Section 24.1.(3)(M), Signs
Requiring Permits; Section 24.4.(1), Height Restrictions.; Section 24.15,
Replacement or Repair of Sign; Section 24.17(5), Builder/Subdivision and
Subdivision Identification Signs.; Section 24.18(6), and Section 24.18(7),
Use of Banners.; Section 24.20, Offense;, Section 29.2.D, Powers.; Section
29.3, Hearing.; Section 29.5., Posting Property for Variance Requests.;
Section 33.4, Public Hearing-City Council.; Section 33.7, Posting Property
for Zoning Changes.; Table III, Schedule of Uses; Table VI, Schedule of
Off-Street Parking Standards; and Table VII, Schedule of Signs Types and
Maximum Area; and Exceptions of the City of Pearland Land Use and
Urban Development Ordinance.
Commissioner Patro made a motion to table the amendments of the Land Use and
Urban Development Ordinance, and Commissioner locco seconded the motion.
Motion to table passed 7 to 0.
G. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 962
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from classification Suburban
Development District (SD) to Commercial District (C) on the following
described property, to wit:
1. Zoning Application No. 962
Legal Description: 1.14 acres of land out of the Southeast corner of 16.13
acres in Section 17, H. T. & B. R.R. Co. survey, A-242,
Brazoria Co., TX (7407 Fite Road)
Owner: H & R Operator Services, Inc.
P.O. Box 178
Pearland, TX 77588-0178
Commissioner Tetens made a motion to forward Zoning Application No. 962 to City
Council for approval, and Commissioner Selemon seconded the motion.
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Commissioner Tetens stated that he would normally vote against this request
because it does not comply with the Comprehensive Plan, however, he feels
differently in this situation because the Commission approved a similar property
down the street for the same zoning.
Commissioner Beltz stated that is also an existing business that has been well kept
up.
Motion to approve passed 7 to 0.
H. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 963
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from classification Suburban
Development District (SD) to Neighborhood Services District (NS) on the
following described property, to wit:
1. Zoning Application No. 963
Legal Description: 2.8041 acres out of a called 9.29 acre tract out of the South
'/2 of Lot 30, Allison Richey Gulf Coast Home Co.
subdivision, Section 21, H. T. & B. R.R. Co. survey, A-309,
Brazoria Co., TX (Old Chocolate Bayou Road)
Owner: Danny Blumrick
826 Brunswick
Sugarland, TX 77478
Agent: Bobby Thompson of Coldwell Banker United
Commissioner Beltz made a motion to forward Zoning Application No. 963 to City
Council for approval, and Commissioner Glenn seconded the motion.
Commissioner Tetens stated that he does not have a problem with this except for
the fact that it does not meet the Comprehensive Plan.
Commissioner Selemon stated that Old Chocolate Bayou would be a major
thoroughfare even though it's not on the plan.
Commissioner locco stated that he is concerned because further south of the road
the houses are backing up to the road. He then asked if there was anyone who
spoke against this request, and Commissioner Selemon replied that there was no
opposition.
Chairman Viktorin then pointed out that the present homeowners did move in
knowing about the existing business and called for a vote.
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Motion to approve passed 6 to 1.
I. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 965
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from classification General Business
District (GB) to Planned Unit Development (PUD) on the following described
property, to wit:
1. Zoning Application No. 965
Legal Description: 10 acre tract out of the Southwest 1/4 of the Northwest 1/4
of Section 17, H. T. & B. R.R. Co. survey, A-242, Brazoria
Co., TX (Old Chocolate Bayou Road @ Fite Road)
Owner: Signature Homes & Bar Cross Limited
7757 San Felipe, Suite 204
Houston, TX
Agent: Knudson & Associates
Commissioner Glenn made a motion to forward Zoning Application No. 965 to City
Council for approval, and Commissioner Beltz seconded the motion.
Commissioner locco asked if they have to build exactly how it the plan is submitted,
and City Hargrove replied that they do have to stay in context with the language of
the PUD.
Commissioner Patro stated that his interpretation was that whoever brings the
information to them has to bring it in as an "exact".
City Engineer Hargrove stated that the City has had several PUD's that are just
within a "range".
Manager of Administrative Support Tobin Maples stated that the developer will
actually present all the maximum percentages and if they happen to go over any
percentage then they will have to come in for an amendment.
Commissioner Tetens stated that he feels there should be more "green."
Commissioner Patro stated that he is still concerned about having the exact
information, and Mr. Maples briefly explained the risks of the developer spending all
their money on an engineer to get exact information and plans before the developer
actually receives the requested zoning.
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Motion to approve passed 4 to 3.
J. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 960
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from classification Single Family
Dwelling District (R-4 PUD) to Single Family Dwelling District (R-4 PUD) (a
revision to the existing Planned Unit Development) on the following described
property, to wit:
1. Zoning Application No. 960
Legal Description: 211.9140 acres located in the W.D.C. Hall Survey, A-23,
Harris Co., TX (Betlavita at Green Tee)
Owner: Green-Hollow, Ltd.
6302 Broadway, Suite 250
Pearland, TX 77581
Agent: Renee L. West
Commissioner Tetens made a motion to forward the Zoning Application No. 960 to
City Council for approval, and Commissioner Beltz seconded the motion.
Commissioner Tetens stated that he likes the fact that they are going to bigger size
lots, and since it is a gated community he doesn't feel there would be any problem
with the sidewalk variance.
Motion to approve passed 7 to 0.
K. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 956
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from classification Commercial District
(C) to Single Family Dwelling District (R-3) on the following described
property, to wit:
1. Zoning Application No. 956
Legal Description: A 44.0130 acre tract out of a 78.1761 acre tract, being all of
Tract 6 1/2, 5 and a part of Tract 3 & 4 of the Subdivision of
Section 5, H. T. & B. R.R. Co. survey, A-237, as per plat
records in Vol. 28, pg 6, deed records of Brazoria Co., TX
(Hatfield Estates)
Owner: Amvest Properties, Inc.
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7676 Woodway, Suite 238
Houston, TX 77063
Agent: Ken Caffey
Commissioner locco made a motion to forward Zoning Application No. 956 to City
Council for denial, and Commissioner Beltz seconded the motion.
Commissioner locco stated that to the far north there is R-1, and there will probably
be a major road. He stated that there should be some kind of buffer.
Interim City Manager Alan Mueller stated that McHard Road is going to split the
tract.
Commissioner Tetens stated that he feels this tract has been poorly planned.
Motion to deny passed 6 to 0 (Charles Viktorin abstained).
L. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 961
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from classification Suburban
Development District (SD) to Single Family Dwelling District (RE) on the
following described property, to wit:
1. Zoning Application No. 961
Legal Description: Lot 6, Bethel Subdivision, Section 2, being a 3.6419 acre
tract of land out of 25.9538 acres of land, out of Lots 39, 40,
55 and 56, Allison Richey Gulf Coast Home Co.
Subdivision, Section 19, H. T. & B. R.R. Co. survey,
Brazoria Co., TX (2045 Lee Road)
Owner: Geoffrey Eastham
2045 Lee Road
Pearland, TX 77584
Commissioner Tetens made a motion to forward Zoning Application No. 961 to City
Council for approval, and Commissioner Beltz seconded the motion.
Motion to approve passed 7 to 0.
M. CONSIDERATION & POSSIBLE ACTION — Final Plat of Sunrise Lakes
Section Three, a subdivision of 19.00 acres of land out of the H.T.&B. R. R.
Company Survey, Abstract A-304, City of Pearland, Brazoria County,
Texas.
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City Engineer Hargrove stated that staff recommends approval with the following
corrections:
1 . To add a TBM and elevation year of adjustment.
2. To correct the Commissioner's names.
3. To update the plat and signature blocks.
Commissioner locco made a motion to approve the Final Plat of Sunrise Lakes
Section 3 with staffs comments, and Commissioner Beltz seconded the motion.
Motion to approve passed 7 to 0.
N. CONSIDERATION & POSSIBLE ACTION — Final Plat of Oakbridge
Apartments, a subdivision of 10.0000 acres out of Lot 42, Zychlinski's
Subdivision in the H.T.&B. R. R. Survey, Abstract No. 233 and out of Lot 5
Walcotts, Pearland Subdivision in the D.H.M. Hunter Survey, Abstract No.
76, Pearland, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following
comments:
1. They need to correct the ironrod description in the southeast corner.
2. They need to add dimensions to the fire hydrant easement at he west end
corner of the north property line.
3. They need to add the statement "Not required by the City of Pearland" under
the Brazoria Drainage District #4 approval statement.
Commissioner Glenn made a motion to approve the Final Plat of Oakbridge
Apartments with staffs comments, and Commissioner Selemon seconded the
motion.
Interim City Manager Alan Mueller asked if the road fees and park fees were
accepted, and City Engineer Hargrove stated that he would have his signature and
the City Attorney's signature withheld from the plat until the fees are received.
Commissioner Patro asked if this is the same plat that came in a few years ago
because he recalls there being some concerns, and Mr. Hargrove stated that it is
the same plat and there were several concerns that have been ironed out.
Manager of Administrative Support Tobin Maples stated that the developer will also
be submitting a TIA (Traffic Impact Analysis).
Motion to approve passed 7 to 0.
O. CONSIDERATION & POSSIBLE ACTION — Final Plat of Retail Service
Facility, a subdivision of 0.8609 acres being tract 16, Westchester Estates,
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unrecorded subdivision out of Section 17, H.T.&B. R.R. Co. Survey,
Abstract No. 242, Pearland, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following
comments:
1. A variance request is needed for the driveway location and spacing.
2. Their traffic impact analysis needs to be redone before permitting.
3. They need to add the statement "Not required by the City of Pearland" under
the Brazoria Drainage District #4 approval statement.
4. Mr. Viktorin's name needs to be corrected.
Commissioner locco made a motion to approve the Final Plat of Retail Sevice
Center with staff's comments, and Commissioner Tetens seconded the motion.
Motion to approve passed 7 to 0.
P. CONSIDERATION & POSSIBLE ACTION — Final Plat of The Landing at
Green Tee, being 27.7270 acres out of the W.D.C. Hall Survey, A-23, Harris
County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following list
of comments:
1. They need to update the plat and correct the sheet numbering.
2. The vicinity map needs to show the city limits in completion.
3. Note 9 will need to be corrected, and they need to add the words "along with
a tree disposition plan."
4. The detention basin must be a reserve.
5. The 1987-1973 elevation equation is wrong.
6. A signature block for Harris County Flood Control District needs to be added
and signed.
7. The Commissioner's names need to be corrected.
Commissioner locco made a motion to approve the Final Plat of The Landing at
Green Tee with staffs comments, and Commissioner Beltz seconded the motion.
Motion to approve passed 7 to 0.
Q. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Leazer
Estates, being a 7.066 acre tract of land out of Lot 41 Sec. 19, H.T.&B. R.R.
Co. Abstract No. 243, Deed Records Brazoria County, Texas.
City Engineer Hargrove stated that the owner spoke to him and apparently this tract
has already been deeded and it does not agree with the current dimensions. He
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stated that the Commissioners could approve contingent upon making the
necessary changes or vote on what is in front of them at this time.
Vice-Chairman Glenn made a motion to approve the Preliminary Plat of Leazer
Estates with the correction of the dimensions, and Commissioner Tetens seconded
the motion.
Motion to approve passed 6 to 1.
R. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Crosspoint
Fellowship Church, 15.000 acres out of lot 72 & 73, Zychlinski Subdivision
Volume 29, Page 43, BCDR in the R.B. Lyle Survey, A-542 & The H.T.&B.
R.R. Co. Survey, A-233, Pearland, Brazoria County, Texas.
City Engineer Hargrove made a recommendation to approve the plat as submitted
with a compliment to the surveyor.
Commissioner locco made a motion to approve the Preliminary Plat of Crosspoint
Fellowship Church, and Commissioner Beltz seconded the motion.
Motion to approve passed 7 to 0.
S. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Westfield
Estates, 7.7728 acres out of lot 85, George W. Jenkins Subdivision (Vol.
79, Pg. 617 B.C.D.R.) W.D.C. Hall League, A-70, Pearland, Brazoria County,
Texas.
City Engineer Hargrove stated that staff recommends approval as submitted.
Commissioner Beltz made a motion to approve the Preliminary Plat of Westfield
Estates and Commissioner locco seconded the motion.
Motion to approve passed 7 to 0.
T. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Savannah
Meadows Section One, being 18.0 acres of land containing 78 lots (50' x
115' TYP.) and Two Reserves 2.2 acres in three blocks out of the A.C.H.&B.
Survey, A-403, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with a number of
corrections to be listed in the minutes, and listed them as:
1. The Final Plat of Savannah Parkway must be recorded before this plat is
approved.
2. A 20' building line on side lot line of corner lots is required.
3. The easements outside of the plat will require recordation.
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4. The master drainage plan must be approved before the final plat is
submitted.
5. All external corners must be on NAD 83.
6. In the surveyor's statement, it must state that all external monuments must
be set before approval.
7. A note needs to be added regarding the 8' sidewalk requirement.
8. There needs to be 20 streetlights instead of 12.
9. They have a wrong symbol in the vicinity map.
Commissioner locco asked if there is an overall map, and Mr. Hargrove apologized
and stated that there is a general map and he will get the Commissioners a copy.
Interim City Manager Alan Mueller stated that they should also get copies of the
overall developers agreement.
Commissioner Patro asked if they are asking for a variance on the lot sizes, and Mr.
Hargrove referred the Commissioners to Note 17, which is in accordance with the
developer's agreement.
Commissioner locco made a motion approve the Preliminary Plat of Savannah
Meadows Section One with staffs comments, and Vice-Chairman Glenn seconded
the motion.
Motion to approve passed 7 to 0.
U. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Savannah
Meadows Section Two, being 15.1 acres of land, containing 72 lots (50' X
115' TYP.) and Two Reserves 0.6 acre in four blocks, out of the A.C.H.&B.
Survey, A-403, Brazoria County, Texas.
City Engineer Hargrove stated that he had all of the same comments as the
comments for Savannah Meadows Section One, with two additional comments:
1 . There needs to be a hold harmless statement on the final plat.
2. They need to have 14 streetlights instead of 10.
Commissioner Beltz made a motion to approve the Preliminary Plat of Savannah
Meadows Section Two with staff's comments, and Vice-Chairman Glenn seconded
the motion.
Motion to approve passed 7 to 0.
V. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Savannah
Trace Section One, being 24.46 acres of land, containing 70 lots (70' X 120'
TYP.) and Five Reserves 2.8 ac. in three blocks, out of the A.C.H&B.
Survey, A-403, Brazoria County, Texas.
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City Engineer Hargrove stated that this plat is identical to Savannah Meadows
Section One with the same comments and with the additional comment that the
Southern Oak Lane plat must be recorded before the approval of this final plat.
Commissioner locco made a motion to approve the Preliminary Plat of Savannah
Trace Section One with staffs comments, and Commissioner Tetens seconded the
motion.
Motion to approve passed 7 to 0.
W. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Savannah
Ridge Section One, being 18.1 acres of land, containing 66 lots (50' X 115'
TYP.) and three reserves 2.26 ac. in two blocks, out of the A.C.H& B.
Survey, A-403, Brazoria County, Texas.
City Engineer Hargrove stated that he has the same comments that he had for
Savannah Meadows Section One with the additional comment that the entrance
road is outside of the subdivision, and it will need to be recorded before final
approval of this plat. He stated that he also had two other comments and stated
that the street "Meadow Arbor Ln" will have to be changed, and the street "Windy
Knoll" is too long.
Commissioner Tetens made a motion to approve the Preliminary Plat of Savannah
Ridge Section One with staff's comments, and Commissioner Beltz seconded the
motion.
Motion to approve passed 3 to 2 (2 abstentions).
X. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Park Village
Estates Section Three, a subdivision plat of 13.581 acres of land out of
H.T.&B. R.R. Co., Survey, A-509, City of Pearland, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following
comments:
1 . A temporary turn around is required at the end of "Balmorhea".
2. A 20' building line is required on all side lots.
3. The location of "Lavaca Dr" needs to be changed so that it will be away from
the intersection.
4. A Traffic Impact Analysis will be required at the final plat.
5. Commissioner Viktorin's name needs to be corrected.
Commissioner locco made a motion to approve the Preliminary Plat of Park Village
Estates Section 3 with staffs comments, and Commissioner Beltz seconded the
motion.
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Motion to approve passed 7 to 0.
Y. DISCUSSION ITEM — Regarding findings from the December 9, 2000, Texas
Land Use Law workshop presented to the City Council, Planning and
Zoning Commission, and Zoning Board of Adjustment by Kimberely
Mickelson, Olson & Olson.
Chairman Viktorin stated that he thought the workshop was a very good workshop.
Commissioner Patro stated that his concerns are that the Commissioner's thoughts
are now on the same level.
Manager of Administrative Support Tobin Maples stated that he has a comment on
choosing a protocol to contact staff to put an item on the agenda. He suggested
that they contact the Chairman and have the Chairman contact him to place any
items on the agenda for discussion.
IV. NEXT MEETING DATE: February 5, 2000 (JPH & Regular Meeting)
V. ADJOURNMENT
-se minutes resp.- yi Ily submitt- • by:
AB Alb./
Jen
l i -r Gonz i", P anning : 'oning Secretary
Minutes approved as s miffed and/or corrected on this .5 day of rQ1, 20Qt..
Charles Viktorin, Planning & Zoning Chairman
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