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HomeMy WebLinkAbout20253152 EXHIBIT s a Before the Weld County , Colorado , Planning Commission QSR-aS - co a Resolution of Recommendation to the Board of County Commissioners Moved by Michael Biwer , that the following resolution be introduced for passage by the Weld County Planning Commission . Be it resolved by the Weld County Planning Commission that the application for : Case Number : USR25 - 0012 Applicant : Debra and Jeffrey Garcia Planner : Molly Wright Request Use by Special Review Permit fora Kennel ( boarding facility for up to 56 dogs and five [ 5 ] small animals ) outside of subdivisions and historic townsites in the A ( Agricultural ) Zone District . Legal Description : Lot A of Recorded Exemption RE - 4879 ; being part of the E1 / 2 NE1 / 4 of Section 2 , Township 4 North , Range 68 West of the 6th P M . , Weld County , Colorado . Location : South of and adjacent to County Road 50 ; approximately 0 . 25 miles east of high Plains Boulevard . be recommended favorably to the Board of County Commissioners 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 ordinance in effect . Section 22 - 2 - 10 . B . states : " Respecting Private Property Rights . One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others . " The request to utilize a non - agriculturally productive parcel fora kennel , as well as on - going residential and personal use , is in line with this section of the Comprehensive Plan . The property owner ' s business will comply with local regulations and does not appear to interfere with or infringe upon the rights of others . Sec 22 - 2 - 10 D . of the Weld County Code states : Protecting Health , Safety , and General Welfare . Land use regulations and policies will protect and enhance the health , safety , and general welfare of the citizens of Weld County . The applicant submitted a noise study that concludes that the noise should not go above 55 Db ( a ) maximum noise decibel reading enforced by Weld County between 7 : 00 a . m . and 9 : 00 p . m . Between 9 : 00 p . m . and 7 : 00 a . m . , noise levels will be reduced significantly because the dogs will not be outside their kennels and there will be no visitors to agitate the dogs . Additionally , the dogs will be monitored when they ' re inside and at outdoor recreation areas to ensure the mitigation of excessive dog barking . The Development Standards , and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region . Section 22 - 2 - 30 . C . - Harmonize development with surrounding land uses . The application materials included a noise study which indicates the facility can meet the residential decibel limit . The applicant has indicated that the dogs will be monitored when they ' re inside and at outdoor recreation areas to ensure the mitigation of excessive dog barking . The facility operates from 6 : 00 a . m . to 8 : 00 p . m . seven ( 7 ) days a week with customers dropping off or picking up their animals between 7 : 00 a . m . to 7 : 00 p . m . animals the animals will be inside from 7 : 00 p . m . to 7 : 00 a . m . Duke ' s Place will be screened by a wooden privacy fence on the south and east property lines . Resolution USR25-0012 Debra and Jeffrey Garcia , Page 2 B Section 23-2-220 A 2--The proposed use is consistent with the intent of the A (Agricultural)Zone District Section 23-3-10—Intent,of the Weld County Code states,"Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business,industrial and residential land uses The A (Agricultural)Zone District is established to maintain and promote agriculture as an essential feature of the County The A(Agricultural)Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development,without the interference of other,incompatible land uses" In the A(Agricultural)Zone District,a kennel is allowed as a Use by Special Review,per Weld County Code Section 23-3-40 0 and Section 23-4-400 specifies supplemental standards for kennels,addressing handling of waste,rodent and insect control,and water quality The application demonstrates that the request will comply with all applicable standards and does not interfere with agricultural activities or other use by right activities C Section 23-2-220 A 3--The uses which will be permitted will be compatible with the existing surrounding land uses The surrounding unincorporated properties are zoned A(Agricultural) The land uses ' include residences and agricultural uses There are two(2)residences within 500 feet of the property There is one(1)Use by Special Review(USR)within one(1)mile of the site To the east of the subject property there is a USR for an event center(USR19-0033)The surrounding properties to the east are located in unincorporated Weld County and are zoned A (Agricultural),while the properties to the south and west are annexed into the Town of Johnstown,and the properties to the north are located within Lanmer County The ' surrounding land uses include residences and agricultural uses There are two(2) residences within 500 feet of the project Weld County Department of Planning Services staff sent notices'to five(5)surrounding property owners within 500 feet of the proposed USR boundary One(1)letter,dated August 7,2025,was received that outlined concerns regarding the number of dogs,and the possible barking levels The individual who wrote the letter was not against having a lower number of dogs but does not support the request for fifty-six(56)dogs No other written or telephone correspondence in opposition or support of the project was received The Development Standards,and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region D Section 23-2-220 A 4--That the uses which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of this Code or master plans of affected municipalities The surrounding properties to the east are located in unincorporated Weld County and are zoned A(Agricultural),while the properties to the south and west are annexed into the Town of Johnstown,and the properties to the north are located within Lamer County The surrounding land uses include residences and agricultural uses There are two(2) residences within 500 feet of the project The subject property is located within the Coordinated Planning Agreement Area of the Town of Johnstown and Town of Berthoud As part of the pre-application process the Resolution USR25-0012 Debra and Jeffrey Garcia Page 3 municipalities were sent a Notice of Inquiry(NOI) The Town of Berthoud submitted a signed NOI dated January 1,2024,stating that they do not wish to pursue annexation as the subject property is located outside the Town of Berthoud Growth Management Area The Town of Johnstown submitted a NOI dated February 28,2024 stating that they would like to engage in discussion regarding possibly annexing the property The future site is located within the Town of Johnstown's Future Land Use Map and is designated as low density/intensity Low density/intensity is defined as a higher percentage of residential,that is predominantly lots for single-family detached homes, with some lower-density townhomes or duplex/patio homes This site is located within the three(3)mile referral area of the Town of Johnstown The Town did not submit a referral response in correlation with this project E Section 23-2-220 A 5--That the application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county The property is not within any recognized overlay districts,including the Geologic Hazard Overlay District,A-P(Airport)Overlay District,the Special Flood Hazard Development Overlay area,Historic Townsites Overlay District,1-25 Overlay District,the Municipal Separate Storm Sewer Systems(MS4)defined boundary or Agricultural Heritage Overlay District Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee,County Facility Fee and Drainage Impact Fee Programs 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 The proposed use is located on approximately three(3)acres The facility will be located on soils designated as"Prime farmland if irrigated"consisting of weld loam(1-3)percent slopes per the USDA Natural Resources Conservation Service Soil Report submitted with the application Currently,the property is residential and not used for agricultural production G Section 23-2-220 A 7—There is adequate provisions for the protection of the health,safety, and welfare of the inhabitants of the neighborhood and County The Design Standards(Section 23-2-240,Weld County Code),Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety,and welfare of the inhabitants of the neighborhood and County This proposal has been reviewed by the appropriate referral agencies,and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health,safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility 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 Commission recommendation for approval is conditional upon the following 1 Prior to recording the map A The applicant shall obtain a commitment letter for the kennel operations from Little Thompson Resolution USR25-0012 Debra and Jeffrey Garcia Page 4 Water District(Department of Planning Services) B The applicant shall address the referral comments of the Town of Johnstown as stated in their referral response dated November 3,2025 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) C The map shall be amended to delineate the following 1 All sheets of the map shall be labeled USR25-0012(Department of Planning Services) 2 The attached Development Standards(Department of Planning Services) 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code(Department of Planning Services) 4 The applicant shall delineate on the map the trash collection areas Section 23-2- 240 A 13 of the Weld County Code addresses the issue of trash collection areas (Department of Planning Services) 5 The map shall delineate the existing/proposed landscaping and screening (Department of Planning Services) 6 All signs shall adhere to Chapter 23,Article IV,Division 2,of the Weld County Code (Department of Planning Services) 7 The map shall delineate the off-street parking area for the customers(Department of Planning Services) 8 This portion of County Road 50 is not maintained by Weld County Please contact Johnstown and Lamer County to verify right-of-way Show and label the right-of-way on the site plan(Development Review) 9 Show and label the approved access location on the site plan(Development Review) 10 Show and label the approved permanent tracking control for the project(Development Review) 11 Show and label the drainage flow arrows(Development Review) 12 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property(Development Review) 2 Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)electronic copy(pdf)of the map for preliminary approval to the Weld County Department of Planning Services Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional requirements shall be submitted within one hundred twenty(120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee(Department of Planning Services) 3 In accordance with Appendix 5-J of the Weld County Code,should the map not be recorded within the required one hundred twenty(120)days from the date of the Board of County Commissioners Resolution,a$50 00 recording continuance charge shall be added for each additional three(3) month period(Department of Planning Services) Resolution USR25-0012 Debra and Jeffrey Garcia _ Page 5 4 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur,nor shall any building or electrical permits be issued on the property,until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) 5 Prior to Operation A The applicant shall obtain a PACFA license(Department of Planning Services) Motion seconded by Virginia Guderjahn VOTE For Passage Against Passage Absent Butch White Michael Wailes Michael Palizzi Virginia Guderjahn Barney Hammond Michael Biwer Calven Gaza Hunter Rivera Cole Ritchey 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 Commissioners for further proceedings Certification of Cony I,Kristine Ranslem,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 November 4,2025 Dated the 4th of November,2025 Kristine Ranslem Secretary Resolution USR25-0012 Debra and Jeffrey Garcia Page 6 USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Duke's Place USR25-0012 1 A Use by Special Review Permit,USR25-0012,for a Kennel(boarding facility for up to 56 dogs and 5 other household animals)in the A(Agricultural)Zone District,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 USR25-0012 for a kennel for up to boarding facility for up to 56 dogs and 5 other household animals is non-transferable and the permit shall expire upon conveyance of the property to a new owner (Department of Planning Services) 4 The hours of operation for boarding are 6 00 a m to 8 00 p m Monday through Sunday,with the boarding/kenneling occurring 24 hours/day,as stated in the application materials (Department of Planning Services) 5 All kenneled animals shall be kept indoors between 7 00 p m and 7 00 a m(Department of Planning Services) 6 The number dogs,six(6)months of age or older,shall be no more than fifty-six(56),as stated in the application materials(Department of Planning Services) 7 The number of other household animals shall be no more than five(5),as stated in the application materials(Department of Planning Services) 8 /The parking area on the site shall be maintained(Department of Planning Services) 9 The existing/proposed landscaping and screening on the site shall be maintained and adhered to (Department of Planning Services) 10 All liquid and solid waste(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 Planning Services) 11 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 Planning Services) 12 Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions The applicant shall operate in accordance with Chapter 14,Article 1 of the Weld County Code The accepted waste handling plan shall be adhered to(Department of Planning Services) 13 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations(Department of Planning Services) 14 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-40 of the Weld County Code(Department of Planning Services) 15 The On-site Wastewater Treatment Systems located on the property must comply with all provisions of the Weld County Code,pertaining to On-site Wastewater Treatment Systems(Department of Planning Services) Resolution USR25-0012 Debra and Jeffrey Garcia Page 7 16 A permanent,adequate water supply shall be provided for drinking and sanitary purposes Public water - is provided to the property by Little Thompson Water District(Department of Planning Services) 17 Animal and feed wastes,bedding,debris,and other organic wastes shall be disposed of so that vermin infestation,odors,disease hazards,and nuisances are minimized(Department of Planning Services 18 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code(Department of Planning Services) 19 The property owner or operator shall be responsible for controlling noxious weeds on the site,pursuant to Chapter 15,Article I and II,of the Weld County Code(Development Review) 20 The access to the site shall be maintained to mitigate any impact to the public road,including damages and/or off-site tracking(Development Review) 21 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized (Development Review) 22 Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement(Development Review) 23 The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property,damage of the type generally attributed to runoff rate and velocity increases,diversions,concentration and/or unplanned ponding of stormwater runoff(Development Review) 24 Weld County is not responsible for the maintenance of onsite drainage related features(Development Review) 25 Building permits may be required,for any new construction,set up of manufactured structures,or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently the following has been adopted by Weld County 2018 International Building Codes,2018 International Energy Code,2023 National Electrical Code,and Chapter 29 of the Weld County Code A Building Permit Application must be completed and two(2)complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report, performed by a Colorado registered engineer,shall be required or an Open Hole Inspection A building permit must be issued prior to the start of construction(Department of Building Inspection) 26 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee,County-Wide Road Impact Fee,and Drainage Impact Fee Programs (Department of Planning Services) 27 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700,as amended (Department of Planning Services) 28 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code(Department of Planning Services) 29 Necessary personnel from the Weld County Departments of Planning Services,Public Works,and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations Resolution USR25-0012 Debra and Jeffrey Garcia Page 8 30 The Use by 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 31 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 32 Construction or use pursuant to approval of a Use by Special Review Permit shall commence within three(3)years from the date of approval,unless otherwise specified by the Board of County Commissioners when issuing the original Permit,or the Permit shall be vacated The Director of Planning Services may grant an extension of time,for good cause shown,upon a written request by the landowner 33 A Use by Special Review shall terminate when the use is discontinued for a period of three(3) consecutive years,the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires The landowner may notify the Department of Planning Services of a termination of the use,or Planning Services staff may observe that the use has been terminated When either the Department of Planning Services is notified by the landowner,or when the Department of Planning Services observes that the use may have been terminated,the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit 34 In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit,a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated,for good cause shown The landowner shall be notified at least ten(10) days prior to the hearing If the Board of County Commissioners determines that the Use by Special \ Review has terminated and no good cause has been shown for continuing the permit,then the termination becomes final,and the Use by Special Review Permit is vacated EXHIBIT - 001 a Summary of the Weld County Planning Commission Meeting Tuesday , November 4 , 2025 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair Michael Wailes , at 1 : 30 p . m . Roll Call Present : Barney Hammond , Calven Goza , Cole Ritchey , Michael Biwer , Michael Palizzi , Michael Wailes , Virginia Guderjahn Absent : Butch White , Hunter Rivera Also Present : Diana Aungst , Molly Wright , Matthew VanEyll , and Angela Snyder , Department of Planning Services , Mike McRoberts and Aaron Maurice , Development Review , Karin McDougal , County Attorney , and Kris Ranslem , Secretary . Case Number : USR25 - 0012 Applicant : Debra and Jeffrey Garcia Planner : Molly Wright Request : Use by Special Review Permit for a Kennel ( boarding facility for up to 56 dogs and five [ 51 small animals ) outside of subdivisions and historic townsites in the A ( Agricultural ) Zone District . Legal Description : Lot A of Recorded Exemption RE - 4879 , being part of the E1 / 2 NE1 / 4 of Section 2 , Township 4 North , Range 68 West of the 6th P . M . : Weld County , Colorado . Location : South of and adjacent to County Road 50 ; approximately 0 . 25 miles east of high Plains Boulevard . Molly Wright , Planning Services , presented Case USR25 - 0012 , reading the recommendation and comments into the record . Ms . Wright noted that one letter was received with concerns regarding the number of dogs and the possible barking levels . She added that the individual who wrote the letter was not against lowering the number of dogs but does not support the request for 56 dogs . The Department of Planning Services recommends approval of this application along with conditions of approval and development standards . Commissioner Wailes asked what the conversation was with Town of Johnstown regarding annexation . Ms . Wright stated that the applicant can provide information on their conversations regarding annexation with Johnstown . Aaron Maurice , Development Review , reported on the existing traffic , access to the site and drainage conditions for the site . Tez Hawkins , Baseline Engineering , 112 North Rubey Drive , Golden , Colorado , introduced the applicants ,. Debra and Jeffery Garcia , 4786 County Road 50 , Johnstown , Colorado . Ms . Garcia stated that she is requesting an animal boarding business on her property and feels it is something that is necessary in this area as they don ' t have a lot of options for boarding . Mr . Garcia added that they would like to establish a kennel and some care for the animals in the area . Mr . Hawkins stated that the applicants wish to extend care to animals and utilize an under - utilized area on their property . He said that this meets the strategic and comprehensive goals and added that the site is located in an opportunity zone . Mr . Hawkins referred to the letter received regarding the number of dogs and said that they would like to see a reduced number of dogs . He stated that the noise concern will be addressed through the development standards and conditions of approval . The noise study that they had completed shows that the animal boarding facility will not create a nuisance based on the noise levels emitted from the property . 1 He added that they will have a privacy fence surrounding the perimeter of the property that will help with some of the noises and they have also centralized the kennel building and outdoor recreational area on the property to help buffer from surrounding property owners Mr Hawkins stated that they have had conversations with the Town of Johnstown regarding annexation, however,the applicants have expressed that they do not wish to annex at this time He added that ' Johnstown's Community Development Director acknowledged that and stated that they will not force annexation Commissioner Biwer asked how they determined 56 dogs Ms Garcia said that it is based on the space permitted for the building size In response to Commissioner Wailes'inquiry,Ms Garcia said that it is a 24-hour animal boarding facility Commissioner Wailes said that he is in support of this project,but he is concerned with the development going across the street and creating an enclave with the Town of Johnstown and any ramifications that might create The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak Mr Hawkins said that he understands this property is surrounded by the Town of Johnstown,however,he believes that this has been addressed through Johnstown's referral and their conditions of approval He added that he thinks the Town of Johnstown did see a nature of some type of land use conflict but believes that they are mitigating those concerns with the noise study and the development standards Commissioner Wailes asked Staff if the development standards will protect the applicant from eventually becoming an enclave Ms Wright stated that an enclave isn't created with a road on one side and is really created when it is surrounded by properties that are annexed She added that she spoke with Johnstown and they weren't going to force annexation because the property owner does not wish to annex at this time However,the Town of Johnstown's concerns are included in the conditions of approval The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR25-0012 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Biwer,Seconded by Virginia Guderjahn Vote Motion carried by unanimous roll call vote(summary Yes=7) Yes Barney Hammond,Calven Goza,Cole Ritchey,Hunter Rivera, Meeting adjourned at 3 05 p m Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD seigtaawbe IA 0074 NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe • 123 Nowhere Street , City , State , Zip Jana_ r3/4 ' . . ! . r0 + ► �Jt � aclimiLat u� � � I ask z16 ( � � L � . x � � if � .� 4 � �K cif � , � p �_ ,Dpjora 4 kk- iC Qtaf- (A:a_ � -ML Co . 44, . 5fl Jot. n .c3/4• 4.,J , ( .o i , s3 � , . 4afi . � ao5s@ ao , . 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