HomeMy WebLinkAboutR-08-0233City of Miami
Legislation
Resolution: R-08-0233
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00863mu Final Action Date: 4/24/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE GROVE ESTATES PROJECT, A RESIDENTIAL DEVELOPMENT TO BE
LOCATED AT APPROXIMATELY 4055 SOUTHWEST 37TH AVENUE, MIAMI,
FLORIDA; COMPRISED OF A MAXIMUM OF 11 SINGLE-FAMILY RESIDENTIAL
STRUCTURES, WITH UP TO 201,477 SQUARE FEET OF FLOOR AREA, AND A
MAXIMUM HEIGHT OF 25 FEET AND 0 INCHES (44 FEET AND 0 INCHES
N.G.V.D.); AN ENTRY GATE HOUSE AND A CONCIERGE STRUCTURE WITH
APPROXIMATELY 1,000 SQUARE FEET OF FLOOR AREA; AND APPROXIMATELY
37 PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR")
BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 6, 2007, A. Vicky Garcia -Toledo Esquire, as attorney on behalf of the
owners E.F.C. Holding, Inc. (referred to as "APPLICANT"), submitted a complete Application for Major
Use Special Permit for Grove Estates (referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of
Zoning Ordinance No. 11000, for the property located at approximately 4055 SW 37 Avenue, Miami,
Florida, as legally described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on October 17, 2007 to consider
the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on November 21, 2007, and consider
the proposed project and recommended approval; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 16, 2008 Item
No. 5, following an advertised public hearing, adopted Resolution No. PAB 08-005 by a vote of four to
four (4-4), recommending DENIAL of the Major Use Special Permit Development Order as attached
and incorporated; and
WHEREAS, the Miami Historic and Environmental Preservation Board, at its meeting held on
February 5, 2008 Item No. 8, following an advertised public hearing, adopted Resolution No. HEPB
2008-11 by a vote of seven to zero (7-0), recommending APPROVAL with conditions of the
Application for a Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archeological Conservation Area; and
City of Miami
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WHEREAS, the City Commission deems it advisable and in the best interest of the general
welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter
set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA.
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development Order, incorporated within, is
approved subject to the conditions specified in the Development Order, per Articles 5,13 and 17 of
Zoning Ordinance No. 11000, for the PROJECT to be developed by the applicant, located at
approximately 4055 SW 37 Avenue, Miami, Florida, more particularly described on "Exhibit A",
attached and incorporated.
Section 3. The PROJECT is approved to construct a residential development as part of a
Planned Unit Development (PUD) comprised of a maximum of 11 single family residential structures,
with up to 201,477 square feet of floor area, a maximum height of 25 feet 0 inches (44 feet 0 inches
N.G.V.D.), an entry gate house and a concierge structure with approximately 1,000 square feet of
floor area and 37 parking spaces.
Section 4. The Major Use Special Permit Application for the Project also encompasses the
lower ranking Special Permits as set forth in the Development Order. This Major Use Special Permit
shall not encompass the Class II Special Permits required pursuant to Article 15, Section 1511, Article
13, Section 1305.2, and Article 9, Section 908.9 of the City Zoning Ordinance, as it relates only to
each single family residential structure, and as such, the owner and/or developer of each single family
residential structure to be located within this Planned Unit Development shall apply for a separate
Class II Special Permit pursuant to the Sections referenced above, prior to obtaining a building
permit.
Section 5. The findings of fact set forth below are made with respect to the subject
PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood
Plan, as amended.
b. The PROJECT is in accord with the R-1 (Single -Family Residential) with overlay districts
SD-18 (Minimum Lot Size District FAR) and NCD-3 (Coconut Grove Neighborhood Conservation
Overlay District) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the
City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
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DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
(I) Site and Urban Planning:
(1) Respond to the physical Yes Yes
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes Yes
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner Tots Yes Yes
should be oriented to the corner
and public street fronts.
(II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes *Yes
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes Yes
context;
(3) Create a transition in bulk Yes **N/A
and scale;
(4) Use architectural styles Yes **N/A
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes **N/A
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
(III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes **N/A
interaction;
(2) Design facades that Yes **N/A
respond primarily to the
human scale;
(3) Provide active, not blank Yes **N/A
facades. Where blank walls
are unavoidable, they should
receive design treatment.
(IV) Streetscape and Open Space:
(1) Provide usable open space Yes
that allows for convenient and
Yes
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visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes *Yes
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
(V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes **N/A
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes **N/A
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes Yes
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes N/A
as district buffer.
(VI) Screening:
(1) Provide landscaping that Yes Yes
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes **N/A
service elements like trash
dumpster, loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dumpsters, utility meters,
mechanical units and service
areas cannot be located away
from the street front they should
be situated and screened from
view to street and adjacent
properties;
(3) Screen parking garage Yes N/A
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
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suitable design element.
(VII) Signage and Lighting:
(1) Design signage appropriate Yes ** N/A
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes ** N/A
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes ** N/A
minimize glare to adjacent
properties;
(4) Provide visible signage Yes ** N/A
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
(VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes
and/or geological features
whenever possible.
*Yes
(IX) Modification of Nonconformities:
(1) For modifications of Yes N/A
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes N/A
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
** Not applicable at this time, subject to review and approval.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $80,228,255 and to employ
approximately 65 workers during construction (FTE-Full Time Employees); The project will also result
in the creation of approximately 3 permanent new jobs (FTE) for building operations and will generate
approximately $1,045,973 annually in tax revenues to the City (2007 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
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(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through
compliance with the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of
the City;
(7) the PROJECT will not adversely affect living conditions in the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public welfare will be
served by the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from safety and
security, fire protection and life safety, solid waste, heritage conservation, trees,
shoreline development, minority participation and employment, and minority
contractor/subcontractor participation will be mitigated through compliance with
the conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and amended, shall be binding
upon the APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was submitted on June 19,
2007, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon
generally for administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy
of this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the
Project as described in the Development Order for the PROJECT, incorporated within.
Section 10. The Major Use Special Permit Development Order for the PROJECT is granted
and issued.
Section 11. In the event that any portion or section of this Resolution or the Development
Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent
jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or
Development Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
City of Miami
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DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 13 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida,
has considered in a public hearing, the issuance of a Major Use Special Permit for the for the Grove
Estates project (hereinafter referred to as the "PROJECT") to be located at approximately 4055 SW
37th Avenue, Miami, Florida; see legal description on "Exhibit A", attached hereto and made a part
hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or
easements of record.
After due consideration of the recommendations of the Planning Advisory Board and after due
consideration of the consistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following
conditions approves the Major Use Special Permit and hereby issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a residential development to be located at approximately 4055
S.W. 37 Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 7.38±
acres and a net lot area of approximately 7.26± acres of land (more specifically described on "Exhibit
A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and
incorporated as "Exhibit B".
The proposed Grove Estates project is a residential development as part of a Planned Unit
Development (PUD) comprised of a maximum of 11 single family residential structures, with up to
201,477 square feet of floor area, a maximum height of 25 feet 0 inches (44 feet 0 inches N.G.V.D.),
an entry gate house and a concierge structure with approximately 1,000 square feet of floor area and
37 parking spaces.
Pursuant to Zoning Ordinance 11000, as amended, Supplement 17, the Zoning Ordinance of
the City of Miami, Florida, the subject proposal for Grove Estates, at 4055 SW 37 Avenue, Miami,
Florida has been submitted and reviewed to allow an application for a Major Use Special Permit,
subject to all the applicable criteria;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 5, Section 508, Planned unit development
generally in R-1 Single -Family Residential Districts, to allow a planned unit development on properties
that have been designated as historic sites, archeological zones, and environmental preservation
districts;
The Major Use Special Permit encompasses the following Special Permits and Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies,
and uses during construction, criteria for special permits, to allow temporary structures, occupancies,
and uses reasonably necessary for construction such as construction fence, covered walkway and if
encroaching public property must be approved by other city departments;
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CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special
events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on
privately owned or City -owned land such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special
event parking, to allow parking for temporary special event such as groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street
offsite parking for construction crews, criteria, to allow temporary off-street offsite parking, for
construction crews working on a residential project under construction, within R-1 with SD-18 and
NCD-3 or more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on
occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when
authorized for security or other purposes in connection with land development such as construction
trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales
centers;
CLASS I SPECIAL PERMIT as per ARTICLE 10, Section 10.5.3.1 (2). R-1 Single -Family Residential -
Sign Regulations, to allow temporary signs for development;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting
the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted
average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6
(c) and all the applicable criteria;
REQUEST, for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required
at the time of issuance of Shell Permit instead of at issuance of Foundation Permit;
- The requirement to record in the Public Records a Declaration of Covenants and/or
Restrictions providing that the ownership, operation and maintenance of all common areas
and facilities will be by the property owner and/or a mandatory property owner association;
Pursuant to Articles 5, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major
Use Special Permit shall be considered sufficient for the subordinate permits requested and
referenced above as well as any other special approvals required by the City which may be required
to carry out the requested plans. This Major Use Special Permit shall not encompass the Class II
Special Permits required pursuant to Article 15, Section 1511, Article 13, Section 1305.2, and Article
9, Section 908.9 of the City Zoning Ordinance, as it relates only to each single family residential
structure, and as such, the owner and/or developer of each single family residential structure to be
located within this Planned Unit Development shall apply for a separate Class II Special Permit
pursuant to the Sections referenced above, prior to obtaining a building permit.
The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared by CHISOLM Architects -Planners -Interior Designers dated October 15,
2007; the landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Raymond Jungle, signed and dated October 15, 2007; said design
and landscape plans may be permitted to be modified only to the extent necessary to comply with the
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conditions for approval imposed herein; all modifications shall be subject to the review and approval
of the Planning Director prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the R-1 (Single -Family Residential) with
overlay districts SD-18 (Minimum Lot Size District FAR) and NCD-3 (Coconut Grove Neighborhood
Conservation Overlay District) zoning classification of Zoning Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land
use designation on the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO
THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING:
1) Meet all applicable building codes, land development regulations, ordinances and other
laws and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and systems; further
submit a report to the Planning Department, prior to commencement of construction, demonstrating
how the Police Department recommendations, if any, have been incorporated into the PROJECT
security and construction plans, or demonstrate to the Planning Director why such recommendations
are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance
of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common areas and
facilities will be by the property owner or a mandatory property owner association in perpetuity.
7) Prior to the issuance of any building permit, provide the City with a recorded copy of the
MUSP permit resolution and development order, and further, an executed, record able unity of title or
covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to
the review and approval of the City Attorney's Office.
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8) Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a construction noise
management plan with an enforcement policy; and a maintenance plan for the temporary construction
site; said plan shall be subject to the review and approval by the Planning Department prior to the
issuance of any building permits and shall be enforced during construction activity. All construction
activity shall remain in full compliance with the provisions of the submitted construction plan; failure to
comply may lead to a suspension or revocation of this Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of a series of
Class I Special Permits for which specific details have not yet been developed or provided, the
applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and
detailed requirements for final review and approval of each one prior to the issuance of any of the
subordinate approvals required in order to carry out any of the requested activities and/or
improvements listed in this development order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses design details for the land occupying future phases of
this Project in the event that the future phases are not developed, said plan shall include a proposed
timetable and shall be subject to review and approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the applicant shall
meet the following conditions, prior to the issuance of the building permit: a) The applicant shall
incorporate Historic and Environmental Preservation Board (HEPB) recommendations set forth in
HEPB 2008-11 according to the project consideration heard on February 5, 2008 b) Each lot shall
comply with the neighborhood conservation district requirements; c) The future residential units will
require review and approval by the Planning Director as part of a Class II Special Permits; d)This
MUSP is subject to the terms of the Settlement Agreement dated April 24, 2008 between the
applicant and National Botanical Gardens. The Settlement Agreement is attached hereto as "Exhibit
C "and is incorporated by reference into then Conditions of this Major Use Special Permit.
12) Pursuant to comments by the City of Miami Public Works Department, the applicant shall
meet the following conditions: (a) S.W. 37 Avenue: The existing rock wall shall be preserved to the
maximum extent possible. Repair any damaged sections of the bicycle path adjacent to the project
site; (b) Bulkhead: reconstruct the bulkhead along Biscayne Bay adjacent to the project site to
conform to Miami -Dade County flood control criteria, including elevation.
13) Within 90 days of the effective date of this Development Order, record a certified copy of
the Development Order specifying that the Development Order runs with the land and is binding on
the Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its
issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal
from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
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(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
3) the ROJECT will favorably affect the need for people to find adequate housing
reasonablyaessibe to their places f employment; and
(4) the PROJECT will efficiently use necessary public faciliies;d
(5)te PROJECT will not negatively impact the environment and natural resources of the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of thePROJECT will be mitigated through conditions of this
Major Use Special Permit.
The proposed development does not unreasonably intefere with the achievement of the objectives of
the adopted State Land Development Plan applicable to he City of Miami.
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of
ten calendar days from the date it was passed and adopted. If the Mayor vetoes this
Resolution, it shall become effective immediately upon override of the veto by the City
Commission.
City of Miami
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