HomeMy WebLinkAbout20220623.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 1, 2022
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,
Lonnie Ford, at 12:30 pm.
Roll Call.
Present: Lonnie Ford, Skip Holland, Sam Gluck, Michael Palizzi, Pam Edens.
Absent: Elijah Hatch, Tom Cope, Butch White, Michael Wailes.
Also Present: Kim Ogle, Diana Aungst, and Michael Hall, Department of Planning Services; Lauren Light,
Department of Environmental Health; Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the January 4, 2022, Weld County Planning Commission minutes, Moved by Skip
Holland, Seconded by Sam Gluck. Motion passed unanimously.
Motion: Appoint Lonnie Ford as the Chair for Tuesday, February 1, 2022. Moved by Skip Holland,
Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER:
COZ21-0008
APPLICANT:
GEORGE ZADEL
PLANNER:
MICHAEL HALL
REQUEST:
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE E (ESTATE) ZONE DISTRICT.
LEGAL DESCRIPTION:
LOT B RE -1359; BEING PART OF THE SW4SW4 OF SECTION 34, T4N, R67W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION:
EAST OF AND ADJACENT TO CR 19, NORTH OF AND ADJACENT TO CR 38.
Michael Hall, Planning Services, presented Case COZ21-0008, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Commissioner Holland asked staff where the water supply comes from for this lot and future lots. Mr. Hall
replied that the water is supplied by Little Thompson Water District (LTWD). He said Lot 1 has existing
water and Lots 2 — 5 will purchase new water. Staff received a letter for water service commitment from
LTWD for the residential taps.
Commissioner Holland confirmed with Mr. Hall that this site is not in the floodway of Saint Wain drainage.
Mr. Hall said that is correct. Staff stated that the applicant is not required to do on -site drainage or detention
because all the lots exceed three acres in size; therefore, they are exempt from drainage.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Andrew Baker, Project Manager and Senior Planner with Baseline Engineering, 112 North Ruby Drive,
Golden, Colorado. Mr. Baker said he is representing George Zadel. He said that Mr. Hall's presentation
covered the proposed application. Mr. Baker offered to answer any questions from the Planning
Commission. No questions were asked.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ21-0008 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Sam Gluck, Seconded
by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
CoMKun:cat.onS 2022-0623
Yes: Lonnie Ford, Michael Palizzi, Pam Edens, Sam Gluck, Skip Holland.
CASE NUMBER: 2MJUSR21-93-977
APPLICANT: DAVID AND MANDY WOLFE
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY
SPECIAL REVIEW PERMIT NO. USR-977 FOR A ROPING ARENA AND
TRAINING FACILITY, ANNOUNCER STAND, STORAGE AREA, AND SHADED
VIEWING AREA TO ADD A CAMPGROUND (TO ACCOMMODATE UP TO 12
RVS) FOR A PERIOD OF SIX (6) MONTHS OR LESS PER CALENDAR YEAR
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF THE SW4 OF SECTION 31, T9N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 13; NORTH OF AND ADJACENT TO CR 98.
Diana Aungst, Planning Services, presented Case 2MJUSR21-93-977, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Commissioner Holland asked staff if there was discussion on how fires would be put out. Ms. Aungst replied
that a referral was sent to the fire department, but they did not respond.
Commissioner Ford asked which fire district covers this site. The site is in the Nunn Fire Protection District.
Ms. Aungst said they also sent a referral to the Office of Emergency Management (OEM). OEM had no
concerns because they said all their concerns were addressed when the arena was permitted.
Commissioner Holland asked Ms. Aungst if she knew the size of the water tap that goes to the property
and controls the sprinkler system. She responded that she does not think there is a sprinkler system
because the site has wells only and there is no hydrant on site. Mr. Holland asked if there are any
mechanisms on site to put out a fire. Staff responded that they have a water truck.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Dave Wolfe, 6339 Weld County Road 98, Wellington, Colorado . Mr. Wolfe said that he was the original
applicant to request the amendment for the roping area thirty years ago. They have held events there for
thirty years without any issues or problems. He is requesting to add the RV sites as a convenience for
contestants that come for two-day events so that they may stay the night. Mr. Wolfe said they have a 4500 -
gallon water truck that has a pump on it. The truck has a fifty -foot by three-inch hose. Mr. Wolfe said if
they had a fire of any kind, they would be able to address it immediately.
Commissioner Ford asked if there will be electrical on site. Mr. Wolfe said there will be twelve posts with
electricity to each post. Each RV will be able to plug into the electrical post. Mr. Wolfe said all RVs or
trailers are self-contained units.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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.
Commissioner Holland asked staff if there are similar RV facilities in Weld County. Ms. Aungst replied that
there are a few RV campgrounds in the County. Mr. Holland asked if no fire protection is required at these
sites. Staff responded that is determined by the local fire district.
Motion: Forward Case 2MJUSR21-93-977 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 Sam Gluck, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Lonnie Ford, Michael Palizzi, Pam Edens, Sam Gluck, Skip Holland.
CASE NUMBER: COZ21-0009
APPLICANT: NATE AND MELISSA HUNT, C/O CKG INCORPORATED
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF THE SW4 OF SECTION 31, T9N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 4; APPROXIMATELY 0.5 MILES EAST OF
CR 31.
Diana Aungst, Planning Services, presented Case COZ21-0009, reading the recommendation and
comments into the record. The property is located adjacent to the City of Brighton's corporate limits. The
City of Brighton does not want to annex the property and they are opposed to the Change of Zone for an
RV and boat storage facility. The Department of Planning Services recommends denial of this application.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Chad Goens, 15281 Wagon Wheel Drive, Brighton, Colorado. Mr. Goens explained that him and his wife
Kelley are the owners and operators of Mountain View RV and Boat Storage. The storage facility was
approved and started in 2014 under USR14-0018. They worked with the Weld County Small Business
Development Committee. Mr. Goens is in the process of purchasing the property adjacent to the storage
facility. The sale of the land is contingent upon the approval of this application. He would like to expand
the storage facility on his property. They are running out of room and are having to turn away one to three
people a day. They have a wait list of 150 peoples' names. If approved, he would move the fence 650 feet
to the west and mirror the image of the storage facility under USR14-0018. Mr. Goens contacted both
adjacent property owners. He has never received any negative feedback from neighbors.
Mr. Goens met with the City of Brighton. The City did not wish to annex the property because they would
have to provide sewer and water with no benefit to the City. The City of Brighton recommend that they
pursue the application with Weld County.
Mr. Goens said they heard from the Division of Water Resources and the updated well permit is on hold
until the deed transfer from the current landowners to the Goens. He said they do not have a need for an
expansion of water or sewer. Water is supplied to the caretaker home, office and RV dump station.
Mr. Goens stated that they have a good working relationship with neighbors, and they provide assistance
to the local community. The Goens are onsite daily. They have a clean, secure and well -maintained
facility. Mr. Goens said the yard is recycled asphalt. He feels the business is compatible with the area.
Commissioner Ford asked Mr. Goens why they are not requesting a change of zone to commercial. Mr.
Goens replied that commercial zoning does not allow conex containers on the site. He said they currently
have fifteen to twenty-five conex containers in their yard that are used for indoor storage.
Commissioner Ford asked if the land is being farmed. Mr. Goens replied there are two homes on the
property. He said the land has no irrigation and is not farmland. Mr. Goens said that they would clean up
the property.
Commissioner Gluck asked what the property is currently zoned. Mr. Goens replied it is zoned Ag.
Commissioner Gluck asked staff why they cannot continue to permit the business under the Ag zone. Staff
replied that there was a code change. RV storage is no longer allowed in the Ag zone, the property would
need to be change to Commercial or Industrial use.
Commissioner Edens told the applicant that they have a nice -looking facility. She said there are a lot of
tumbleweeds in that area.
Commissioner Ford asked staff if the application is not approved, will it be five more years until the applicant
can reapply. Ms. Aungst replied that there is a five-year stipulation that states that unless there is a
substantial change.
Commissioner Ford asked why the applicant is applying for Industrial 1-2. Mr. Goens replied that conex
containers are not allowed on a new USR or in a Commercial zone. He chose 1-2 because it does allow
conex containers. Mr. Goens said that the language in USR14-0018 specifically calls out that conex
containers are allowed.
Commissioner Palizzi asked if the fencing around the RV storage is the same as the fence you can see
from the front of the business. Mr. Goens said the front of the property has a cedar fence and the rest of
the property has a chain -link fence. He said a neighbor asked if they would be willing to put up a six-foot
privacy fence along the back side of the property. Mr. Goens said he has no opposition to doing that.
Commissioner Gluck asked staff what the biggest issue with this application is. If the business is already
there and working effectively, he doesn't understand what the holdup is. Ms. Aungst explained the primary
reason for denial is because the property is in the annexation area of the City of Brighton and the property
is not located in an opportunity zone.
Commissioner Holland expressed to staff that he feels this situation seems to be an argument between
Weld County and the City of Brighton. Ms. Aungst said the applicant spoke to the City of Brighton about
annexation and for a variety of reasons the City of Brighton did not wish to annex this property.
Commissioner Ford stated that when he reads the soils report, it does not sound like the land is even good
for housing because it is mainly blow sand.
Commissioner Gluck pointed out there are several other industrial uses in the area. Mr. Goens said they
are slightly outside of the one -mile opportunity zone.
Commissioner Edens asked if the applicant is going to change the current USR to Industrial as well or leave
it as the USR. Ms. Aungst replied the USR will remain; the applicant is requesting a Change of Zone on
the new property only.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Melissa Hunt, 15509 Weld County Road 4, Brighton, Colorado. Ms. Hunt said that she is the current
property owner. She inherited the property from her grandfather. She and her husband have four children
who are in competitive sports. They are too busy and no longer have the time or the finances to maintain
the property or the home. Ms. Hunt said that the Goens have been amazing neighbors. She said their
property is currently a tumbleweed farm and if the Goens were able to purchase the property, they would
improve the land. Ms. Hunt said the Goens have a beautiful business.
Karin McDougal, County Attorney, reminded the Planning Commission that because the staff
recommendation is for denial, the Board will have to make specific findings with how the Change of Zone
complies with Weld County Code if they recommend approval. She also said because the Board is a small
group, they need to have the majority vote to either recommend approval or denial.
Motion: Forward Case COZ21-0009 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval citing Section 23-2.30.A.2.
regarding compatibility with the surrounding land uses. Moved by Skip Holland, Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Lonnie Ford, Michael Palizzi, Pam Edens, Sam Gluck, Skip Holland.
Mr. Goens stated that he agrees to the recommended Conditions of Approval.
Kelly Goens, 15281 Wagon Wheel Drive, Brighton, Colorado thanked Diana for working with them through
the application process. She said Diana did a great job and helped them a lot. Ms. Goens thank the
Planning Commission for their time.
The Chair called a recess at 2:22 pm. The hearing reconvened at 2:35 pm.
CASE NUMBER: USR21-0021
APPLICANT: JOHN AND MEGAN SCHRIEFER
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A BOARDING KENNEL LIMITED TO TWENTY (20) DOGS OVER
THE AGE OF SIX (6) MONTHS AND CANINE OBEDIENCE CLASSES IN
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 10 PINNACLE PARK 2ND FILING, BEING PART OF SECTION 14, T6N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO LONGS PEAK ROAD, APPROXIMATELY 1100 -
FEET WEST OF CR 35, APPROXIMATELY 425 -FEET NORTH OF STATE
HIGHWAY 392.
Kim Ogle, Planning Services, presented Case USR21-0021, reading the recommendation and comments
into the record. Staff sent notice to seventeen surrounding property owners with 500 feet of the proposed
USR boundary. No written correspondence or telephone calls were received. After the sign was planted,
staff received one letter, seven emails and two telephone calls which are inventory list presented to this
case number. The general comments received from the neighbors include the subdivision has an
agriculture appearance, commercial business functioning in Pinnacle Park will negatively impact property
value, if one commercial business is allowed, others will follow, increasing crime in rural county, extra traffic
to the neighborhood is concerning, safety, escaping dogs may harm livestock, having dogs onsite all the
time is incompatible with residential areas, and surface water pollution run off will end up in the ditch water
which will end up on agricultural land. The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards. The current zoning violation will
be closed if the application is approved.
Commissioner Holland asked if the subdivision has HOA covenants or other related documents. Mr. Ogle
replied that no records were found when reviewing the Clerk and Recorder's data file.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Caitlin Sheahan, Kimley Horn Consulting, 3801 Automation Way Suite 210, Fort Collins, Colorado. Ms.
Sheahan is representing the property owners John and Megan Schriefer. She stated that the Schriefer's
address is 16876 Longs Peak Road and is located in the Ag district. Ms. Sheahan said there is plenty of
room for their family -oriented business. The proposal is to run an animal boarding and training facility. Ms.
Schriefer is licensed by the Pet Animal Care Facilities Act (PACFA) from the Colorado Department of
Agriculture, a certified AKC Evaluator, and graduated as Professional Dog Trainer in October 2014 from
Karen Pryor Academy. The applicant is proposing to hold group canine obedience classes with a maximum
of ten dogs per class on weekday evenings. Ms. Schriefer is requesting to board up to twenty dogs max
for training -focused boarding, not vacation boarding. The applicant does not plan to start off with these
many canines. She plans to start her business with holding group obedience classes and once her business
has grown, Ms. Schriefer would eventually like to build an indoor facility where she is able to host training -
focused boarding.
Commissioner Ford asked where the clients will park. Ms. Sheahan responded that there is a big gravel
pad area behind the house that has room for parking.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Terri Geist, 33127 Pikes Peak Drive, Greeley, Colorado. Ms. Geist stated that she lives two doors away
from the applicant. She said they have lived on their property for eleven years. Their property is
approximately 200 feet from the proposed kennel operation. Ms. Geist said that she strongly opposes. The
applicant started dog training before getting the proper permits. She is concerned about her property value,
peace and quiet, their privacy, and their quality of life. Ms. Geist is concerned about the increase of crime
and the quality of roads due to extra traffic. She also feels that adding a commercial business will open the
door for other requests for businesses in their subdivision. Ms. Geist does not think residential
neighborhoods should have businesses.
Commissioner Holland asked the applicant if there are covenants or if the subdivision has an HOA. Ms.
Geist replied they don't follow any covenants, but they have a water association.
Commissioner Gluck asked if the properties are zoned Residential or Agricultural. Mr. Ogle responded the
property is zoned Ag.
Nyla Bristo, 7512 Plateau Road, Greeley, Colorado. Ms. Bristo said that she is representing her 98 -year -
old father. Her father lives across the street from the applicant's property. Her father moved to his property
to retire. He is concerned about the increase in traffic and the noise. If approved, it could become a vacation
boarding facility.
Julianne Fritz, 33236 Pikes Peak Drive, Greeley, Colorado. Ms. Fritz stated that she lives across from
property and has lived there for thirty-two years. She said they attended the neighborhood meeting, but
the proposal is much larger than what was presented at the neighbor meeting. Ms. Fritz said the subdivision
does not have an HOA, but they all work together with irrigation water. She appreciates being in the country
and takes advantage of it. Homeowners walk on the roads because there are no sidewalks. Ms. Fritz is
concerned about safety, quality of life, noise, lights, a commercial sign and the negative impact on the
subdivision. She does not feel the subdivision is an appropriate setting for the business.
Commissioner Holland asked Ms. Fritz what her understanding of uses are that are approved and available
in the Ag zone. Ms. Fritz replied that she is aware of agriculture and is supportive of some of the allowed
uses. She said even though their properties are zone Ag, it is more of a residential neighborhood.
Commissioner Holland asked what types of animals are in their neighborhood. Ms. Fritz said there are
horses, cattle, a donkey, chickens, dogs and cats that are residential pets. Commissioner Holland asked
Ms. Fritz if she finds any offense in those type of animals. Ms. Fritz replied that personally she has no issue
with these animals but she is concerned about a sizable commercial business being developed in Pinnacle
Park.
Ed Shultz, 16287 Longs Peak Drive, Greeley, Colorado. Mr. Shultz said he is a neighbor and said he is in
support of the proposal. He said the Schriefers are a young couple trying to live their dream and he doesn't
see anything wrong with it. Mr. Shultz feels the neighbors are picking on the Schriefers about the traffic
they think it will bring. He said there are other places that conduct business in the subdivision.
Commissioner Palazzi asked what the other businesses are. Mr. Shultz replied that last Saturday there
were about fifteen cars parked along Pikes Peak Drive and Highway 392. He said John and Megan's
business will allow people to park on their property and not the road.
Garry McElderry, 16419 Longs Peak Drive, Greeley, Colorado. Mr. McElderry said he has lived on his
property for 40 years and lives six lots west of the applicant. He said that he learned the Ag zone does
allow dog kennels, if approved. He votes against the business because of property values and the
possibility of the subdivision becoming a business park. Mr. McElderry does not feel subdivisions should
have split zoning.
Commissioner Ford asked Mr. McElderry if he knew of any other businesses in the subdivision. Mr.
McElderry replied that awhile back there was a subcontractor doing residential floor work and had his
property covered in flooring and equipment. He said a County Building Inspector came to his home to
inspect a generator. Mr. McElderry said the inspector asked what was going on there and he said it
appeared to be a storage yard. He noticed the property owner cleaned up his property quickly after that.
Robert Geist, 33127 Pikes Peak Drive, Greeley, Colorado. Mr. Geist said it is not personal and he doesn't
want to shoot down dreams. They just want to protect what they have. He said he doesn't want twenty to
thirty dogs being brought into the neighborhood. Mr. Geist is concerned about noise and their property
values.
Steven Fritz, 33236 Pikes Peak Drive, Greeley, Colorado. Mr. Fritz said that he doesn't have anything
against Megan and John. He said homeowners have held personal events, not businesses as Mr. Schulz
said, that bring in a large crowd for a couple hours. Mr. Fritz does a lot of walking and is worried about the
traffic. He is concerned about pedestrians. Mr. Fritz feels the Schriefers need to find commercial property
and build their business.
Ms. Schriefer said they did their homework before purchasing their property. She has no intensions of
having twenty dogs. If they ever grew that much, they would move the business elsewhere. Ms. Schriefer
wants a small and personable business. She said less dogs equals less noise and stress for the
environment. The dogs will always be accompanied even when they go to the restroom. Ms. Schriefer
said they plan to have a chain -link fence and also a six-foot privacy fence. The privacy fence prevents dogs
from seeing things to bark at. Ms. Schriefer said she hears the concerns and that is why they developed
their plans to address these concerns. They don't plan to build the proposed building for two years but
would like to start their business now. She does not take in aggressive dogs. Ms. Schriefer does a pre -
evaluation with the owner and dog and makes sure they are a good fit. She said she would not put her
animals or children in danger.
Commissioner Ford asked the applicant about the traffic. He said 44 trips per day sounds like a lot. Ms.
Schriefer said there will not be that much traffic. She does not plan to have twenty dogs on the property
but had to put an absolute maximum when applying for a USR. Mr. Schriefer expects low traffic.
Commissioner Gluck asked Ms. Schriefer if she could address the violation on the property. Ms. Schriefer
replied that she held a couple group classes in the pasture without having the proper permit. Once they
received the violation she quit immediately.
Mr. Ogle referenced Development Standard 34 which reads, USR21-0021 for a Boarding Kennel limited to
twenty dogs over the age of six months and canine obedience classes in subdivision in the A (Agricultural)
Zone District is non-transferrable and the permit shall expire upon conveyance of the property to a new
owner.
Commissioner Holland stated that he appreciated the group of people that showed up today to speak. He
explained that the Planning Commission is a review and recommending voice. Mr. Holland told the group
it is important the show up to the Board of County Commissioner hearing.
Commissioner Palazzi asked that once they build the boarding facility, what keeps it from becoming a
vacation boarding facility. Staff explain the USR is specific to what it allows. Canines cannot be vacation
boarded; it is for training boarding only.
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 USR21-0021 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 Sam Gluck, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Lonnie Ford, Michael Palizzi, Pam Edens, Sam Gluck, Skip Holland.
Commissioner Holland said it is his opinion that the proposed USR is in compliance with Ag Zone, however,
it is indeed located in a neighborhood.
Commissioner Ford agreed that it is a residential area, and he certainly understands the property owners
want to keep it that way.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 3:40 pm.
Respectfully submitted, �- D
Wtv--
Michelle Wall
Secretary
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