HomeMy WebLinkAbout20011656.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for approval with amended attached
Conditions of Approval by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
PLANNER: Chris Gathman
CASE NUMBER: USR-1331
APPLICANT: Brian & Kathy Williamson
ADDRESS: 7257 Maple Street, Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Use Permit for an indoor arena for
personal training and boarding that exceeds four percent(4%)of the total lot area
of a lot in a recorded subdivision in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Lot 20, Enchanted Hills Subdivision, being part of the SW4 of Section 8,
Township 2 North, Range 67 West of the 6th P.M.,Weld County,Colorado
LOCATION: Approximately 1,300 feet east of Weld County Road 15 and Approximately 900 feet
north of Weld County Road 22
The Planning Commission recommends that this request be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. Section 22-2-60 A.1 states"Preserve
prime farmland for agricultural purposes which foster the economic health and continuance
of agriculture." This parcel is located on land designated as "Urban and Urban Built Up"
land according to the 1979 USDA-Soil Conservation Service Important Farmlands of Weld
County Map.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the(A)Agricultural
Zone District. Enchanted Hills Subdivision was recorded August 5, 1968 as an agriculturally
zoned subdivision. Section 23-3-40.P allows accessory buildings with gross floor area
larger than four percent (4%) of the total lot area per building on lots in an approved or
recorded subdivision as a Use by Special Review in the A(Agricultural)Zone District. The
proposed indoor riding and training arena will cover approximately 4.5%of the existing lot.
c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is surrounded by existing single family residences
and outbuildings within the Enchanted Hills Subdivision. The proposed arena/barn will be
larger than the existing outbuildings within the subdivision.
n d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
EXHIBIT
2001-1656
115 *,S 4
RESOLUTION USR-1331
Williamson
Page 2
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed use is located within the intergovernmental agreement area
for the City of Firestone and the three mile referral area for the towns of Dacono and
Frederick. No comments have been received from these municipalities. The proposed
arena/barn will meet the Dacono, Firestone and Frederick design standards outlined in
Chapter 19 of the Weld County Code.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. This site is located within the Southwest Weld Road Impact Fee Area#3. This fee
will be assessed at time of building permit. The site does not lie within any additional
Overlay Districts.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. Section 22-2-60 A.1 states
"Preserve prime farmland for agricultural purposes which foster the economic health and
continuance of agriculture." This parcel is located on land designated as"Urban and Urban
Built Up" land according to the 1979 USDA-Soil Conservation Service Map. No land
designated as"prime" agricultural land will be taken out of production.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County
Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the
protection of health,safety,and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities. The
Planning Commissions recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit a dust abatement plan to the Environmental Health Services,
Weld County Department of Public Health & Environment, for approval. Evidence of
Department of Public Health&Environment approval shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
B. The applicant shall submit a manure and storm water management plan, for approval, to
the Environmental Health Services Division of the Weld County Department of Public
Health & Environment. The plan should describe how manure generated on site will be
stored,managed,removed,land applied,etc. The plan should also describe the fate of any
storm water that may come into contact with manure. Evidence of Department of Public
Health and Environment shall be submitted to the Department of Planning Services.
(Department of Public Health & Environment)
RESOLUTION USR-1331
Williamson
Page 3
C. The plat shall be amended to delineate the following:
1) Maple Street within the Enchanted Hills Subdivision is designated on the Weld
County Transportation Plan Map as a local gravel subdivision road, which
requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-
of-way. A total of 30 feet from the centerline of Maple Street shall be delineated
right-of-way on the plat. This road is maintained by Weld County. (Department
of Public Works)
2) Off-street parking spaces and access drives shall be delineated on the plat.
(Department of Planning Services)
3) Off-street parking spaces and access drives shall be offset a minimum of 3-feet
from adjacent property lines. (Department of Planning Services)
4) The proposed surface for the proposed parking lots and access drive (asphalt,
concrete, or equivalent)as approved by the Department of Public Works shall
be indicated on the plat. (Department of Planning Services)
3. Prior to operation:
A. Proper Building Permits shall be obtained prior to construction of the arena. The arena will
be reviewed and permitted as a commercial building and an engineered foundation will be
required. (Department of Building Inspection)
B. An individual sewage disposal system is required for the indoor arena and attached barn and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.
The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations. Evidence
of Department of Public Health & Environment approval shall be submitted to the
Department of Planning Services. (Department of Public Health & Environment)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
Motion seconded by Cathy Clamp.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas
Fred Walker
Arlan Marrs
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Jack Epple
Stephen Mokray
RESOLUTION USR-1331
Williamson
Page 4
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Vicki Hamilton, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution,is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 5, 2001.
Datel the 5`" of une, 20
Vicki Hamilton
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRIAN & KATHY WILLIAMSON
USR-1331
1. The Site Specific Development Plan and Special Review Permit is for a an indoor arena for personal
training and boarding that exceeds four percent (4%) of the total lot area of a lot in a recorded
subdivision in the A (Agricultural)Zone District, as indicated in the application materials on file and
subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The A (Agricultural) Zone District allows a maximum of four (4) horses per acre. This will allow a
maximum of 19 horses on this lot. Any proposal to exceed (19) horses on this site will require an
approved special use permit from Weld County.
4. Off-street parking spaces including the access drive shall be surfaced with asphalt, concrete, or
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
5. If total traffic on Maple Street exceeds 200 vehicle trips per day due to the expansion of the boarding
and training facility, the applicant shall supply adequate dust control on Maple Street from the
entrance west to Weld County Road 15. (Department of Public Works)
6. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors,flies, insect pests,or pollutant runoff. The manure storage
site shall have a water-tight surface which does not permit seepage or percolation of manure
pollutants into the ground. (Department of Public Health and Environment)
7. The facility shall operate in accordance with the approved dust control plan. The facility shall have
sufficient equipment available to implement appropriate dust control. Additional control measures
shall be implemented as required by the Weld County Health Officer. (Department of Public Health
& Environment)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5,C.R.S.)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a
safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations.
(Department of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
12. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
13. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
14. Adequate hand washing and toilet facilities shall be provided for patrons/boarders. (Department of
Public Health and Environment)
15. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Public Health & Environment)
16. The applicant shall comply with the Confined Animal Feeding Operation Regulations(5 CCR 1002-
19). Run-off retention and containment facilities shall be designed by a registered professional
engineer,reviewed and approved by the Weld County Department of Public Health and Environment,
and constructed in compliance with State Statutes. ( Department of Public Health and Environment)
17. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
18. The property owner or operation shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
19. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services shall be granted access onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Development Standards stated herein and all
applicable Weld County regulations.
20. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
21. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 4
are pretty long,but during the winter there might be a problem. However, he stated that he was comfortable
with the hours and was in agreement with them.
Cathy Clamp asked what type of landscape materials (rock, mulch)were going to be stored. Mr. Bernhardt
responded mainly landscape rock. Ms. Clamp asked if there was a danger of becoming a visual problem in
the case of high wind. Mr. Bernhardt stated the storage is north of the house and if the wind were to blow,
the materials would hit the house before it would hit the highway. Mr. Bernhardt also stated a windbreak of
trees would be planted on the north side of the property line.
Ms.Nicklas opened public testimony for or against this application. Public portion of the hearing was closed.
Ms. Nicklas asked the applicants if they received a revised copy of the Development Standards and
Conditions of Approval and were they in agreement with them. Mr. and Mrs. Bernhardt stated they were in
agreement.
Bryant Gimlin moved to forward Case USR-1333 adding Paragraph F on page 3 and the addition of
Development Standard #15 amended Conditions of Approval along with the Development Standards and
Conditions of Approval with Planning Commissions approval to the Board of County Commissioners.
Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,;Jack Epple,yes; Bryant Gimlin,yes;
Cathy Clamp, yes; Cristie Nicklas, yes ; Fred Walker, yes. Motion carried unanimously.
n
— 4. CASE NUMBER: USR-1331
PLANNER: Chris Gathman
APPLICANT'S NAME: Brian Williamson
LEGAL DESCRIPTION: Lot 20 of Enchanted Hills Subdivision, being part of the SW4 of
Section 8,Township 2 North, Range 67 West of the 6th P.M.,Weld
County, Colorado.
REQUEST: Special Use Permit for an Indoor Arena that exceeds 4% lot coverage for
accessory structures.
LOCATION: Approximately 900 feet east of WCR 15 and approximately 600 feet north of WCR
2.
Chris Gathman,Planner presented Case USR-1331 and read the Department of Planning Services comments
and recommendations of approval into the record. Mr.Gathman stated that the proposed arena and barn is
supposed to be twenty-six (26)feet in height and the design standards in the IGA with the County and the
Town of Firestone/Frederick allows for accessory uses to be only fifteen (15) feet in height. The Town of
Frederick regarding this and they had no concerns. The applicants also spoke with the City of Firestone
before submitting this application and Firestone did not provide an indication to annex this lot at this time. Mr.
Gathman also stated that this property is in the SouthWeld Road Impact Fee area and that the applicants are
aware of this. Mr. Gathman distributed a letter from the neighboring landowner.
John Folsom requested clarification on the parking area being asphalt, or gravel, does staff consider gravel
to satisfy the Department of Public Works. Mr. Gathman stated that condition is in concurrence with Don
Carroll, Department of Public Works. Mr. Folsom also asked if there was a written reply from the Town of
Firestone stating they didn't want to annex at this time. Mr. Gathman stated he had a verbal confirmation.
Brian and Kathy Williamson, applicants stated their names and address for the record.
Cathy Clamp addressed the concerns of the neighbors, Rose and Marvin Sturbaum. Ms. Clamp asked the
applicants if the outdoor lighting and a public address system were going to present a problem. Mr.
Williamson responded that there was going to be no outdoor lighting and no public address system. He
stressed this building is for personal use only. Mr.Williamson also confirmed that there would no e uestrian
events or competitions at the site. .7 BIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 5
John Folsom asked if the buildings are going to be pole buildings. Mr.Williamson stated the barn and arena
would be metal buildings on concrete foundations.
Ms. Nicklas asked the size of the building. Mr. Williamson answered the total building ninety-six (96) by
ninety-seven and one half(97 1/2)feet. And the arena is sixty(60) by ninety-six (96)feet.
Fred Walker asked if the applicant knew how much the road impact fee is for the arena. Mr. Williamson
stated he did not know. Ms. Chester asked for a minute to research the fees.
Mr. Folsom clarified that all the access roads into the site have been accessed into the Town of Firestone,
specifically Weld County Roads 15, 24, 22, 20. Mr. Folsom also questioned if there are no county access
roads should there be a road impact fee.
Ms. Chester requested the commission ask the applicant for information regarding the use of the site.
Ms. Nicklas stated in the application that it was stated in the future the boarding of horses would be
established, which would put that use in a commercial status.
Ms. Chester stated that boarding is a use by right in the Agriculture Zone District and that would not be
considered commercial.
Mr. Williamson stated his building is being considered a commercial building which means the requirement
of a septic system,water hookup and there was a question regarding these requirements.
Ms. Chester stated that it is a possibility that the use of this building even though it is being considered a
commercial use by the Department of Public Health and Environment, Water Resources, and the Building
Department,even though it is determined to be a commercial type occupancy zoning may exempt it from the
road impact fee. According to Section 20-2-2.10 under exceptions the construction of auxiliary building or
structures which will not produce additional vehicular trips over and above produced by the principal building
or use of the land. Ms.Chester stated they may be exempt from the road impact fees based on the fact that
this is an accessory building for agricultural uses as a use by right.
Lee Morrison, County Attorney agreed with Ms. Chester.
Char Davis, Department of Public Health and Environment,stated the reason the sewage disposal language
was put on was two-fold. One, the existing residence is more than two hundred feet from the indoor arena
and the Colorado Regulations require that an adequate sanitary facility be available.
Mr. Gathman suggested that since it is unclear about the road impact fees at this time that it would be
appropriate to remove the third sentence Item E.on page 3 that states that this fee will be accessed at time
of building permit. Mr. Morrison stated it should be left in place and the applicant can apply for the exemption
of the road impact fees.
Ms. Nicklas opened the hearing to public testimony.
Marvin and Rose Sturbaum stated their names and address for the record.
Mr. Sturbaum stated that they wanted to protect the value of their property and had concerns with this
application.
Mrs. Sturbaum added that the dust on the roads right now is bad and that additional traffic would make it
worse. Ms. Nicklas stated that this was going to be a indoor arena and there wouldn't be that much dust.
Mrs. Sturbaum stated it was the road dust she was concerned about.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 6
Ms. Nicklas asked how many other lots are on this road. Mrs.Sturbaum stated there were fourteen (14)and
Don Carroll,Department of Public Works concurred. Ms.Nicklas confirmed the Sturbaums lot is directly west
from the applicant.
Public testimony was closed.
Ms. Nicklas asked the applicant if he was in agreement of the Conditions of Approval and the Development
Standards.
Mr.Williamson stated he objected to the term"commercial building"with a septic system and water hook-up
because the intent of this building was for personal use only. Boarding of horses would be two to three years
in the future. Ms. Nicklas asked if the boarders would be allowed to use the arena and Mr.Williamson stated
yes. Ms. Nicklas stated that is the reason for the septic and water requirements.
Mr. Williamson also disagreed with Dust Abatement Plan on page 4. Item 2 A. and Development 5 of the
Development Standards. Mr.Williamson stated that two to three trucks and trailers doing two trips should not
be a problem. Ms. Nicklas stated that the Development Standard #5 states that dust control would be
provided only if the use exceeds 200 vehicle trips a day. Up until that time you would not have a need.
Mr.Carroll,stated that with the fourteen lots multiplied by 6.5 trips per lot plus ninety-one background vehicles
plus the proposed use, if that total exceeds 200 trips per day then the dust abatement plan would be required
from the entrance area of the site approximately 1100 feet to the west to the intersection with WCR 15.
Ms. Clamp asked of the proposed nineteen horses that will be involved in this arena how many of them are
the applicants' horses. The applicant stated seven horses and total boarders will be three at most. Ms.
Clamp wanted to know at what point will the applicant be requesting boarders. Mr.Williamson stated two to
three years in the future.
Ms. Nicklas stated the Dust Abatement Plan on page 4 is for blowing dust on the property, ie cultivated fields
and Number 5 on page 6 is for the dust on the road.
Michael Miller stated that the application states that boarders will be accepted, the septic requirements will
probably have to remain.
Mr.Walker agreed with Mr. Miller regarding the septic requirement. At this point it is for personal use but in
the future the boarders would be using the facility.
Mr. Williamson stated he was going to withdraw the application due to the septic requirement.
Mr. Morrison suggested before the applicant withdraws he should continue to the Board of County
Commissioners because they have final authority. Since you have proceeded this far, you should continue
to the Board for their decision.
Mr.Williamson stated that would be agreeable.
Mr. Miller suggested instead withdrawing the application,just withdrawn the request for public boarding.
Mr. Miller also stated if they don't have boarders, a septic system would not be required.
Ms. Davis stated if the site was used for personal use the residence would be sufficient.
Ms. Clamp stated that if the boarding part of the application is withdrawn the road impact fees would not be
incurred. Ms. Chester stated that boarding and training animals is a use by right. Ms. Chester stated that
reason the Mr. and Mrs. Williamson were present was because the size of the building is larger than four
percent in a subdivision. The use is still a use by right. The road impact fee is incurred at the time of building
permit issuance and as Mr. Morrison stated there is a road impact fee application exemption process to be
followed.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 7
Ms. Clamp stated that if a commercial use is going to be a greater impact of the road and dust. If that use
is taken away, then those requirements should be taken away also.
Mr.Carroll stated if a commercial use goes away and becomes a personal then the dust control requirement
would be deleted.
Mr. Morrison again stated to the applicant to take what they have and go to the Board of County
Commissioners. If it appears the Board is consistent with the septic requirement,you can still withdraw the
boarding part of your application. The Commissioners make the final decision.
Ms. Nicklas stated that it is entirely possible that the County Commissioners could grant a variance on the
septic requirement.
Ms. Davis stated that due to the fact the site is more than 200 feet from the residence an engineered septic
system would be appropriate.
Mr.Walker suggested that the applicants and the Department of Public Health and Environment have dialog
and discussion before the Board of County Commissioners Hearing. Mr.Walker also recommended for the
applicant to continue with the application process.
Arlan Marrs moved to forward Case USR-1331 along with the consideration that the application might change
from commercial to personal use and with leniency regarding the septic and water requirements, with the
Development Standards and Recommendations of Approval with Planning Commissions approval for
recommendation.
Ms. Clamp seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,; Jack Epple,yes ; Bryant Gimlin,yes;
Cathy Clamp, yes; Cristie Nickles, yes ; Fred Walker, yes. Motion carried unanimously.
5. CASE NUMBER: Z-557
PLANNER: Chris Gathman
APPLICANT'S NAME: Mikal Torgerson
LEGAL DESCRIPTION: NE4 Section 12, Township 7 North, Range 66 West of the 6'" P.M.
Weld County, Colorado
REQUEST: Change of Zone from (A)Agricultural to Planned Unit Development (PUD) for 38
single-family residential lots.
LOCATION: West of and adjacent to WCR 37, south of and adjacent to WCR 84.
Chris Gathman, Planner presented Case Z-557 and read the Department of Planning Services staff
comments and recommendations for denial into the record. Mr. Gathman also stated that when this
application was originally sent to the Colorado Division of Water Resources there was insufficient information
regarding the proposed water lines from North Weld County Water. Additional information has been
submitted. At this time there has been no additional response. That is a condition of approval prior to
scheduling a Board of County Commissioners Hearing, that evidence is provided by the Division of Water
Resources that adequate water available for the purposed development.
Mr. Walker stated that in the application there was no homeowner's association that would manage the
individual septic systems. Mr. Gathman stated at this time there is no homeowner association or covenants
in place. That is a requirement of the final plat.
Mr. Walker mentioned in Development Standards and the Conditions of Approval the water supply and
storage company should be the Cross Cut Lateral. There is a letter from the City of Thornton purporting this.
Mr. Gathman stated there are revisions in the comments distributed. On page 5, Condition 5 pertaining to
providing sidewalks, Condition 6 and 7 have been removed. These have been addressed with the
Department
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