PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: ABN/COZ Control No.: Applicant: Palm Beach County, Dept. of Airports Owners: Palm Beach County Agent: Urban Design Kilday Studios - Shayne Broadnix Telephone No.: (561) Project Manager: Carol Glasser, Site Planner II Location: North of PGA Blvd. on the west side of SR710 (Beeline Hwy.) (North Palm Beach County General Aviation Airport) TITLE: a Development Order Abandonment REQUEST: to allow an abandonment of the Special Exception approval for a public airport and related facilities. TITLE: a Conditional Overlay Zone REQUEST: to allow a Conditional Overlay Zone (COZ). APPLICATION SUMMARY: Proposed is a Conditional Overlay Zone (COZ) for the North Palm Beach County (PBC) General Aviation Airport Master Plan. The North PBC General Aviation Airport consists of approximately 1, acres supporting airport terminals and concourses, air cargo facilities, hangers and related facilities; approximately 965 acres of preserve areas; and, approximately 200 acres of subsidiary development areas (SDA's). The COZ is requested to obtain a concurrency reservation for 765,600 square feet of industrial square footage or traffic equivalent of other uses allowed within the SDA's pursuant to the Airport Zoning Overlay (AZO). Also requested is an abandonment of the Special Exception (SE) for the public airport and related facilities, which was originally approved by the Board of County Commissioners (BCC) on February 22, The October 31, 2006 Airport Master Plan has been incorporated into the Comprehensive Plan pursuant to Florida Statutes. The Preliminary Master Plan for traffic concurrency information only indicates 2 SDA's: Approximately 170 acres and 29 acres. One access point from SR710 (Beeline Hwy.) will remain. ISSUES SUMMARY: o Project History On February 6, 1990, an Interlocal Agreement between PBC and the City of Palm Beach Gardens was signed by the BCC Chair and sealed by the Clerk to enforce 12 use restrictions applicable to the North PLB General Aviation Airport. The Interlocal Agreement, which is signed and sealed as Resolution R90 194D, is not included in the abandonment request and will remain in force. On February 22, 1990, the BCC adopted Resolution R for the Development of Regional Impact (DRI) known at the North PBC General Aviation Airport for the airport to include 200 acres of subsidiary development; Resolution R to rezone approximately 1,832 acres of land from the Agricultural Residential (AR) Zoning District and the Light Industrial (IL) Zoning District to the Public Ownership (PO) Zoning District; and, Resolution R for the Special Exception to allow a Public Airport and related facilities. BCC January 28, 2010 Page 6

2 On March 24, 1994, the BCC adopted R for a Development Order Amendment to amend Condition 5 of Resolution R (requirement for nursery). The resolution carries forward the conditions of approval for DRI, the Special Exception, and the Interlocal Agreement. However, Interlocal Agreement R90 194D will not be abandoned with this application and the use restrictions contained in R90 194D remain in force. On December 5, 2001, the BCC adopted Ordinance to amend the Future Land Use Atlas (FLUA) from Rural Residential, 1 unit per 10 acres (RR-10) to Transportation and Utilities (U/T). The ordinance became effective on December 14, On December 3, 2008, the BCC adopted Ordinance No to incorporate the 4 County airports revised Master Plans dated October 2006 into the Comprehensive Plan pursuant to F.S (6)(k), (2002). On November 10, 2009, the Department of Airports notified the Planning, Zoning, and Building Department of the intent to administratively abandon the DRI for the North PBC General Aviation Airport pursuant to F.S (6)(k). o Consistency with Comprehensive Plan The Planning Division has reviewed the request to abandon the Special Exception and apply for a COZ for the North PBC General Aviation Airport to reserve concurrency for 765,600 square feet of industrial building area within the SDA s and determined that the requests are consistent with the Utilities and Transportation (U/T) land use designation of the Plan. o Compatibility with Surrounding Land Uses To the north, east, and south of the triangular-shaped subject site, across the 200-foot wide right-ofway (ROW) for the CSX Railroad and the 200-foot wide ROW for the Beeline Hwy. (SR710) are the Caloosa residential development with a RR10 land use designation and AR Zoning District and the City of Palm Beach Gardens Loxahatchee Slough Natural Area. To the west is vacant land known as the Vavrus Property within the City of Palm Beach Gardens. The City of West Palm Beach is pointto-point at the southeast corner of the site. The subject site is surrounded by the City of Palm Beach Gardens except for the Caloosa development. Caloosa is to the north of the access road, across from the northern portion of the subject site supporting a conservation use for the Sweet Bay Preserve. No changes are proposed to the Interlocal Agreement with the City of Palm Beach Gardens wherein compatibility with the City of Palm Beach Gardens was address prior to the approval of the DRI, rezoning, and Special Exception approvals for the airport. Any proposed use within the SDAs is subject to the regulations within Airport Zoning Overlay (AZO), Article 3.B.2 of the Unified Land Development Code (ULDC). All proposed Airport-related and Non- Airport Related uses must be developed in accordance with all applicable Federal and State guidelines, regulations and requirements, as amended, including but not limited to all Federal Aviation Regulations FAA Advisory Circulars, and all FAA orders, as well as all applicable Florida Statutes and Florida Department of Transportation guidelines. The approximately 200-acres of SDA are indicated in 2 areas of the Master Plan. An approximately 170-acre area is surrounded by the CSX Railroad on the north and east with the Loxahatchee Slough Natural area within the City of Palm Beach Gardens beyond the ROWs; and, the existing access road on the south and west. The airport facilities lie to the south and the Sweet Bay Preserve to the west with a width of approximately 2,400 feet. An approximately 29-acre area is located at the extreme southeast corner of the subject site and is surrounded by preserve areas on all 3 sides. Subject to the conditions of approval for the COZ, staff does not anticipate any significant incompatibility issue with the abandonment and intensity requests. o Traffic The Traffic Division has determined that the proposed project meets PBC Traffic Performance Standards (TPS). See Engineering Comments for additional information. BCC January 28, 2010 Page 7

3 o Conditional Overlay Zone (COZ) A COZ is requested to obtain a concurrency reservation for the proposed intensity in the SDAs based on traffic concurrency. The Preliminary Master Plan dated November 13, 2009 (Figure 4) is for traffic concurrency information only; the Airport Master Plan is incorporated into the comprehensive Plan. Concurrency is approved for 765,600 square feet of industrial (or traffic equivalent of other uses) based upon the traffic study prepared by MTP Group, Inc. dated July 23, 2009 and supplemented in a letter dated September 22, 2009; and, subject to the conditions of approval for the COZ indicated in Exhibit C. In approving the COZ, the BCC must find that the intensity limits reflect available capacity of public facilities. Restrictions which may be imposed in the COZ district include off-site improvements. The conditions identify the location of the SDAs, the required off-site improvements for signal installation and turn lane construction and the provision for future traffic studies as needed to meet TPS. o Board of County Commissioners (BCC) Hearing At the January 7, 2010 BCC Hearing, this application was postponed by right to the January 28, 2010 BCC Hearing. Property Control Number(s) TABULAR DATA EXISTING Utilities and Transportation (U/T) Same Land Use Same Designation: Zoning District: Public Ownership (PO) Same Tier: None. Limited Urban Service Same Area/North PBC General Aviation Airport Use: Intensity: Airport (including 200 acres of Subsidiary Development Area) Airport Terminals, concourses, air cargo facilities, and hangers are exempt from Concurrency pursuant to F.S (4)(b) Same Acreage: acres Same Access: One access point from Beeline Same Hwy. (SR710) PROPOSED 765,600 square feet of industrial (or traffic equivalent of other uses as permitted in the AZO) PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 1 contact from the public regarding this project requesting additional information. RECOMMENDATION: Staff recommends approval of the requests subject to 8 Conditions of Approval as indicated in Exhibit C. ACTION BY THE BOARD OF COUNTY COMMISSIONERS: January 7, 2010: No motion required. Postponed by right to the January 28, 2010 BCC Hearing. MOTION: To adopt a resolution approving an abandonment of the Special Exception approval for a public airport and related facilities. MOTION: To adopt a resolution approving a Conditional Overlay Zone (COZ) subject to the Conditions of Approval as indicated in Exhibit C. BCC January 28, 2010 Page 8

4 Figure 1 Land Use Atlas Map BCC January 28, 2010 Page 9

5 Figure 2 Zoning Quad Map BCC January 28, 2010 Page 10

6 ABN/COZ ( ) North County Airport- Aerial Figure 3 Aerial BCC January 28, 2010 Page 11

7 BCC January 28, 2010 Page 12 Figure 4 Preliminary Master Plan dated November 13, 2009 [~B -'-B M; mil. h,!i~~.i~!i;j im L- ~II I :f.~:f:!lr.j" '(C) I'B ~!':';:O8)! ~~!f!i!.. z!:i I l'b nnl I I '~ L---:II$"$1'10''W(WHS)!:!:'~i. ~., RATE OF CHANGE!7IUO:tACRa) -~, ~'"" ;WEET BAY PRESERVE 0" 4' W/YEAR SOURCE: NATIONAL ::CTM~~~H~~C ~-.J I ADMINISTRATION SCALE: 1- = 600' - 0"" CONSTRUCTION NOTICE REQUIREMENT I ~E.~':~D; \ Ii' _1 _.. \11IIII~~f~_ - RE \ L -- \ l=rnw~r" I \ \ ~~:~':~ \ =- \ ~--:..- ) ~:~~S) ~:~~(C) N,"""OC!T-"E",S~: ~~~t~~~=ja~"~""~"~",~o~"~r~t<~u'~'~~ ALL ELEVATIONS ARE MEAN SEA LEVEL (MSLj ~ I I S AIRPORT REFERENCE PQlNT 2. HORIZONTAL DATUM IS NAD 83. I I' "RTI'AC~ru.,,".,ou ~ ~ 4. THE EXTENSION OF RUNWAY IS SUBJECT - - TO APPROVAL BY THE CITY OF PALM BEACH,.,' ".,.. GARDENS PER THE INTER LOCALAGREEMENT WITH THE PALM BEACH COUNTY DEPARTMENT OF AIRPORTS.! ~~~~~~I~i'R!"I'IRVI' ""1"'1~IRi'~~ TRANSPORTATION USES INCLUDE STREETS AND PRESERVE AREA FENCE OTHER TRANSPORTATION CORRIDORS, EXPRESSWAYS, INTERCHANGES, PUBUC AND PRIVATE AIRPORTS AND LANDING STRIPS, PORTS, TRANSPORTAnoN USES:... ~:g~:~;:gl~~~~l:~~:~~r~~~~lated PRECISION APPROACH PATH INDICATOR AIRPORT AND AIRCRAFT OPERATIONS AND :~: ---- ~~~,~:~~~~~,:~~,~~:E:~~~:: ~~~r~:~~~~r~~~~~~~\:b:::ch COUNTY (COUNTYI OWNED OR OPERATED AIRPORTS MAY INCLUDE ADDITIONAL ALLOWABLE USES, PROVIDED SUCH USES ARE INCLUDED IN UNIFIED LAND DEVELOPMENT CODE (ULDCI ARlICLE 3, AIRPORT ZONING OVERLAY tazci AND ON THE AIRPORT MASTER PLANS SDAAPPROVED-TRIP GENERATION COMPARISON PEAK HOUR NET TRIPS SF INDUSTRIAL APPROVED SITE PLAN GENERAL NOTES: 1) ~:~6~~~~~~~~~~~~ :~g~mu:'~e DATED FEBRUARY 2008 AND FROM A BOUNDARY SURVEY BY pse ENGINEERING SERVICES DATED ) ~~~~~PP~~V:;~~O:YO~ET~~I~~~~~~~ ~Xi~ELA3:~~~; '~,~~g~i~~:::~~~~~.to 3) REDUCTION OF INTERIOR LANDSCAPING BASED ON PRIOR MASTER PLAN APPROVAL, MAY 1992 ~~~~~T:O~'I~~g~~~I~~g~~~~;~~~ ON THIS PLAN. 4) ALLOCATION OF THE 765,600 S F OF INDUSTRIAL ~~:~~~~~:t~~tb~fa~~~~~~~ect TO AZC PROPERTY DEVELOPMENT REGULATIONS. 5) CONCURRENCY FOR THE SDAs IS APPROVED ~~~~5U~O~SS:Ng~~~N~~~~~~~~L~~' SUBJECT TO REVIEW AND APPROVAL OF A CONCURRENCY EQUIVALENCY DETERMINATION. I SUB-TOTAL REMAINING PEAK HOUR NET APPROVED I PEAKHOURNET APPROVED TRIPS INTENSITY TRIPS LOCATION MAP: * ~ u. '~ ~ TABULAR DATA: CONTROUI APPLICATION# PROJECT II' PROJECT NAME: TIER' '" ZONING: OVERLAY SECTITVIIP/RNG',.00 ABNICOZ PBC NORTH COUNTY GENERAL AVIATION AIRPORT LIMITED URBAN SERVICE AREA '0 C02JPZ.O 34141/ /41,rr AIRPORT FACILITIES & SUBSIDIARY DEVELOPMENT AREA (SOA) S0As S.F.INDUSTRIAL NOTE. PURSUANT TO F.S # (4Xb), AIRPORT TERMINALS AND CONCOURSES. AIR CARGO FACILITIES AND HANGERS ARE EXEMPT FROM CONCURRENCY. "CONCURRENCY IS APPROVED FOR THE ABOVE" USES AND AMOUNTS SHOWN ON THIS PLAN TAZ: ZCAPPROVAL: BCC APPROVAL: RESOIt R IKrENStTY: AVIATION USES' SUBSIDIARY DEVELOPMENT c~~~~~~*i()n AREA: ~ ACRES 625&853 XXJ= " 19900AC 10.9% 96309AC 52.5% THIS MASTER PLAN IS FOR SUBSIDIARY DEVELOPMENT AREA (SDA) TRAFFIC CONCURRENCY INFORMA non ONL Y.. CH2MHILL -url:x:l1 design ~lj~tsy U... npl.""lng&doiiign _._OIIG")11*5 La-.po"","'_." r;~f~'" ~~"~~~~"; I ~limlm 11 11;1;, ~, 'I I \ \ I I I I APPROVALS NORTH PALM BEACH COUNTY GENERAL AVIATION AIRPORT MASTERPLAN MP-1 of 1

8 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Transportation/Utilities (UT). TIER: None. The subject site is in the Limited Urban Service Area/North PBC General Aviation Airport. FUTURE ANNEXATION AREAS: The subject property is located within the future annexation area of the City of Palm Beach Gardens. INTERGOVERNMENTAL COORDINATION: Some of the subject properties are located within one mile of the City of Palm Beach Gardens and the City of West Palm Beach. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request to abandon a Special Exemption, apply for a COZ and secure a Concurrency Reservation for 765,600 square feet of industrial building area. Staff has found it to be consistent with the property's Transportation/Utilities (UT) Future Land Use designation. Regulation Section III.8. Transportation and Utilities Facilities (UT) in the Future Land Use Element of the Comprehensive Plan states that, Transportation uses include (omitted for brevity) public and private airports and landing strips, ports, and railroad facilities. Airports and related facilities include, but are not limited to, airport and aircraft operations and maintenance facilities, cargo distribution terminals, car rental operations, warehouses, hotels, and offices. County owned or operated airports may include additional allowable uses, provided such uses are included in ULDC Article 3, Airport Zoning Overlay (AZO) and on the Airport Master Plans. The applicant seeks to obtain a concurrency reservation now for the requested square footage to accommodate future related facilities to the existing public airport. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: None. FINDINGS: The request is consistent with the Transportation/Utilities land use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: This application is to abandon a previous special exception and obtain concurrency. The petitioner has provided sufficient information to confirm that the property has legal positive outfall for drainage concurrency. TRAFFIC IMPACTS: This project will not have any specific build-out date condition. Total net new traffic expected from this project is 4,802 trips per day, 669 trips in the PM peak hour. Additional traffic is subject to review by the Traffic Performance Standards. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards. PROJECTED PM PEAK HOUR LOS: SEGMENT: Beeline Hwy from PGA Blvd to Pratt Whitney Rd EXISTING COUNT: 957 BACKGROUND GROWTH: 3,063 FROM PETITION: 649 TOTAL: 4,669 PRESENT LANEAGE: 4 LOS D CAPACITY: 3,110 PROJECTED LEVEL OF SERVICE: F (meets TPS through an approved variance from the FDOT) BCC January 28, 2010 Page 13

9 PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site has been developed. The requirement for the establishment and maintenance for the preserve areas remain in effect as requirements of the South Florida Water Management Permit WELLFIELD PROTECTION ZONE: The parcel is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Staff Review Analysis PARKS AND RECREATION: No Comment CONCURRENCY: Concurrency is approved for 765,600 square feet of industrial (or traffic equivalent of other uses subject review and approval of a concurrency equivalency determination.) WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD) FINDING: The proposed Conditional Overlay Zone complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: The BCC shall find one or more of the following reasons for the COZ district: 1. Potential impact to surrounding land uses requires mitigation. 2. Compatibility will be furthered between the requested Zoning District and adjacent zone if uses and property development regulations (PDR s) are modified; and/or 3. Intensity limits reflect available capacity of public facilities. In order to obtain a concurrency reservation beyond 1 year, the applicant must request a COZ to address Traffic Performance Standards (TPS) as development orders for the industrial uses (or traffic equivalent of other uses permitted within the AZO) are issued. The Traffic Division has determined that the proposed project meets the TPS of PBC subject to the recommended Engineering conditions of approval as indicated in Exhibit C. The conditions of approval must be included in any development order or the concurrency reservation for this project will be invalidated. BCC January 28, 2010 Page 14

10 CONDITIONS OF APPROVAL EXHIBIT C Conditional Overlay Zone ALL PETITIONS 1. Development of the Subsidiary Development Area(s) shall be generally consistent with the Preliminary Master Plan dated November 13, 2009 and approved by the Board of County Commissioners. Modification of the site design may be allowed pursuant to conditions of approval or in accordance with Article 2 of the ULDC. Replacement of a use by another use listed as permitted by right or permitted subject to approval by the DRO may be allowed subject to approval by the DRO. All other modifications exceeding those thresholds established by conditions of approval or the ULDC must be approved by the Board of County Commissioners. (ONGOING: ZONING-Zoning ) ENGINEERING 1. The Property Owner shall fund the cost of signal installation and the construction of dual left turn lanes south approach on Beeline Hwy at the Project Entrance if warranted as determined by the County Engineer and FDOT. Signalization shall be a mast arm structure installation. The cost of signalization and turn lane construction shall include, but are not limited to, design costs and required utility relocation and right of way or easement acquisition. a. Building Permits for more than 300,000 sf of Industrial Development shall not be issued until the developer provides acceptable surety to the Traffic Division in an amount as determined by the Director of the Traffic Division. (BLDG PERMIT: MONITORING-Eng). b. b. In order to request release of the surety for the above improvements, the Property Owner shall provide written notice to the Traffic Division stating that the final certificate of occupancy has been issued for this development and requesting that a signal warrant study be conducted at the intersection, or the Property Owner shall provide written documentation to the Traffic Division that the property has been sold and that a replacement surety has been provided to the Traffic Division by the new Property Owner. The Traffic Division shall have 24 months from receipt of this notice to either draw upon the monies to construct the traffic signal or release the monies. (ONGOING: ENGINEERING-Eng) 2. Commencing in the year 2010, and continuing every other year thereafter until the final Building Permit has been issued, the Property Owner shall undertake a study of traffic conditions along Beeline Highway (SR-710) from the Palm Beach County Line southeast to the terminus of the Strategic Intermodal System designation near the confluence of SR-710 and I-95. The traffic study shall include hourly directional counts for a 24-hour period along SR-710 south of the project and all entrances thereto. Counts shall be conducted for three consecutive days from Tuesday through Thursday during one of the following months: January, February, or March. The study shall be conducted by a Professional Traffic Engineer and shall include any other items, including a detailed analysis of any intersections in the project impact area, as deemed necessary by the Palm Beach County Engineering Department to determine the impact of the project on the surrounding highway system. The study shall be coordinated with the Florida Department of Transportation and the Palm Beach County Engineering Department and the results shall be provided to each no later than May 1, (DATE: MONITORING Eng) 3. If the traffic monitoring required by condition #2 above shows the peak season, peak hour, peak direction traffic volume exceeds level of Service D (utilizing Florida Department of Transportation Generalized Level of Service Guidelines Manual service volumes) on Beeline Highway, no further Building Permits shall be issued for the project until it can be demonstrated to the Palm Beach County Engineer, the Florida Department of Transportation, and the Treasure Coast Regional Planning Council that the peak season, peak hour, peak direction traffic is operating at an acceptable Level of Service. (ONGOING: ENGINEERING Eng) BCC January 28, 2010 Page 15

11 4. The Level of Service variance or waiver will expire on December 31, (DATE: MONITORING Eng) 5. In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: a. If any portion of the site is sold and/or transferred to an entity that is not a concurrency provider or provider of customary government services and operations, no Building Permits for that portion of the site may be issued after December 31, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2, Section E of the Unified Land Development Code. (DATE: MONITORING-Eng) COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the property owner/applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning) BCC January 28, 2010 Page 16

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