HomeMy Public PortalAbout06 06 2019 PC MinutesThe Town of Leesburg in Virginia
Leesburg Planning Commission
Meeting Minutes
June 6, 2019
The Leesburg Planning Commission met on Thursday, June 6, 2019 in Town Hall Council
Chambers, 25 West Market Street, Leesburg, Virginia 20176. Staff members present included
Susan Berry Hill, Brian Boucher, Scott Parker, Dennis Dames, Calvin Grow, Rich Klusek,
Shelby Caputo, and Debi Parry.
CALL TO ORDER
The meeting was called to order at 7:00 pm by Chairman Kidder.
Members Present: Chairman Kidder, Commissioners Barnes, Barney, Faliskie, Lanham, Nacy,
and Walker
Absent: Council Member Dunn
ADOPTION OF AGENDA
Motion: Commissioner Barnes
Second: Commissioner Walker
Vote: 7-0
APPROVAL OF MINUTES
May 16, 2019 Draft Minutes
Commissioner Lanham
Second: Commissioner Nacy
Vote: 7-0
DISCLOSURE OF MEETINGS
None
CHAIRMAN'S STATEMENT
Chairman Kidder stated that the public hearing for the Shops at Russell Branch had been closed
and noted that any member of the public wishing to speak about this application to do so during
the Petitioners Section.
PETITIONERS
Tom Magazzine, 149 Catoctin Circle SE, Leesburg, came forward and noted that he was the
Vice Chairman of the Main Street Organization which was formed to develop the vision of work,
live, and play in Leesburg as well as to protect the vibrancy of the downtown. It was in his role
as Vice Chair that he would be speaking tonight. He expressed concerns regarding the recently
approved rezonings and the Russell Branch rezoning which have and will permit significant
automotive uses and only add to the challenges of managing the traffic along Battlefield
Parkway. Additionally concerns were expressed regarding the addition of 200 plus new low
income jobs with no workforce housing and addressing the needs of the community while
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June 6, 2019
keeping the Downtown vibrant. Lastly, he felt that it was unprecedented to review four special
exception applications at the same time. He did not feel there was enough time for the adequate
review of each special exception as a number of points were missed. He asked the Commission
to reject this application.
PUBLIC HEARING
TLSE-2018-0005 Courthouse Square Dev. Assoc., LLC/Church and Market Public
Hearing, Scott Parker, Sr. Planning Project Manager
Chairman Kidder opened the public hearing at 7:10 pm noting that this was a very important and
large development with a great impact on the downtown. She had spoken with Susan Berry Hill,
Director, Planning and Zoning, to determine if the Commission would be voting on this
application at this meeting. Ms. Berry Hill advised that the Commission should take all the
information in and learn as much as they can, and make comments and suggestions. They could
hold another meeting on this application if necessary.
Mr. Parker explained that the Applicant, Courthouse Square Dev. Assoc., LLC, is requesting
special exception approval to construct a 116 multi -family unit building with a 169 space integral
parking structure (with the potential for 202 spaces) on approximately 1.69 acres of B-1 zoned
land located within the Old and Historic District at the intersection of Loudoun Street and Church
Street. The application also includes approximately 11,500 square feet of commercial office and
approximately 5,300 square feet of retail/restaurant use. Also included is approximately 7,500
square feet of existing commercial use in an existing structure fronting on East Market Street,
although this building is not subject to this special exception request.
The Applicant is also requesting six modifications as part of this downtown in -fill development
project. Modifications from the Town's Design & Construction Standards Manual (DCSM) related
to engineering issues have been granted by the Department of Plan Review (DPR).
Because the application is located within the H-1, Overlay, Old and Historic District, review and
approval of a Certificate of Appropriateness (COA) by the Board of Architectural Review (BAR)
will be required. This application has been conceptually reviewed by the BAR under the General
Concept Plan (GCP) process.
All of the uses (except the existing building fronting on Market Street) will be contained in a single
building that will incorporate an integral parking structure to serve the uses. The multi -family units
and the parking structure require special exception approval. The commercial office and
retail/restaurant uses are by -right within the B-1, and do not require a special exception. The multi-
family units are further required to comply with Use Standards as outlined within Town of
Leesburg Zoning Ordinance (TLZO) Sec. 9.3.15, Multi -family Development. The parking
structure is also subject to Use Standards as outlined within TLZO Sec. 9.3.18, Parking Structures
(Public or Private).
Mr. Parker gave an overview of the current site conditions, zoning history, and uses on adj acent
properties. He noted that Town Council approved a Special Exception in 2012 that would allow
113,650 s.f. office, 336 space structured parking, and complimentary retail uses. However, the
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site plan process was never completed and the approved special exception, site plan and BAR COA
have subsequently expired. Additionally, Town Council passed Ordinance No. 2009-0-001 on
January 13, 2009 that increased the allowable height in this area as well as other locations along
Town Branch, to 65 feet.
Mr. Parker summarized the application review noting that it was initially accepted on April 19,
2018 and had four submittals. The fourth submittal is what is before the Commission tonight.
Mr. Parker discussed Town Plan Compliance and staff analysis noting that the following elements
were evaluated in the staff report in great detail:
• General Objectives
• Community Design
• Heritage Resources
• Land Use
• Housing
• Site Design
• Building Design
• Natural Resources
Mr. Parker discussed the following modification requests noting that staff recommends approval
of all the requested modifications.
1. Modification of TLZO Sec. 9.3.15.B and E, Use Regulations for Multi -family
Development — The Applicant is proposing no open space other than on-site sidewalk area
and indoor fitness room and clubhouse space totaling 4,100 s.f. and 9,010 s.f. of common
outdoor terrace space for on-site recreation space.
2. Modification of TLZO Sec. 11.9 Number of Off -Street Loading Spaces Required — The
Applicant is proposing one loading space instead of the required two spaces.
3. Modification of TLZO Sec. 12.4.3 Street Trees, Number — The Applicant is proposing a
reduction from the required 14 trees to 6 trees.
4. Modification of TLZO Sec. 12.8.3.A Buffer Yard Matrix — The Applicant is proposing a
reduction from the required 25' buffer to a 10' buffer along the northern and eastern
boundaries
5. Modification of TLZO Sec. 12.8.3.A, Buffer yard Matrix - The Applicant is requesting to
eliminate the required 10' buffer for the area adjacent to the parking, travel way and rear
yard areas on the 11 commercial and institutional lots with office and restaurant uses
6. Modification of TLZO Sec. 12.8.3.A Buffer yard Matrix — The Applicant is proposing
architectural features as a substitute for the required buffer yard adjacent to the existing
institutional use (Post Office).
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Mr. Parker gave an overview of parking noting that the Applicant is seeking a Shared Parking
Reduction Request per TLZO Sec. 11.4.5 Shared Parking (Mixed use). The request is to provide
177 spaces (reduction of 14 spaces or 7.3%) per adjustment factors under TLZO Sec. 11.4.5A
Shared Use Time of Day Factors. The Applicant is proposing two different parking options as
follows:
Parking Option A
• 169 spaces (including ADA requirements) will be inside the garage
• 8 spaces (including one van accessible) will be provided as surface parking around the
building
• All required residential parking will be designated in the garage
• Staff recommends approval based on the in -fill nature of the project and finds the decrease
acceptable.
Parking Option B
• 145 spaces (including ADA requirements) will be inside the garage
• 57 spaces in a mechanical lift system
• 8 spaces (including one van accessible) will be provided as surface parking around the
building
• Total of 210 spaces
• There will be a decrease in retail if this system is employed and due to this decrease the
required parking (based on shared use) is down to 171 spaces
• Provision of the lift system is incumbent upon a satisfactory agreement with Town Council
in order to provide an unrestricted public parking component to the plan. If the agreement
is reached, the approval of the shared use arrangement (171 required vs. 210 provided)
allows the number of public spaces to be accommodated in the request.
• All required residential parking will be designated in the garage
Additional Parking Considerations
• On Street Parking — Three spaces on Loudoun Street will be relocated to Church Street
to accommodate site distance
Lynch-Tebbs House (Birkitt)
o Parking will be rendered unusable
o Applicant will maintain access easement
o Applicant will accommodate parking on Church and Market Site
o Agreement to be in place before site plan approval
o Agreement in principle
• Eagle Tavern Building (AH&T)
o Existing easement through property
o Applicant will maintain access easement and relocate on their property
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June 6, 2019
o Will provide connection from King Street to Church Street
o No objections posed by AH&T
Mr. Parker explained that the Applicant was required to do a Traffic Impact Analysis and gave an
overview of the conclusions of this analysis noting that the study indicates that in 2040, with
Church and Market as well as the other development, the intersections in the area will still operate
at an acceptable level of service. Town staff does agree with the assumptions of the study.
Additionally, although the Traffic Impact Analysis indicates that a right turn lane is not required,
the Applicant has agreed to provide a new turn lane from Church Street onto Loudoun Street.
Since this is a special exception application no monetary contributions can be required or are
proposed.
Mr. Parker gave an overview of architecture and showed elevations on both Church Street and
Market Street.
Lastly, Mr. Parker gave an overview of the Special Exception Approval Criteria and Conditions
of Approval noting that staff is recommending that the Planning Commission forward a
recommendation of approval as the proposal is in general conformance with the policies of the
Town Plan; the Approval Criteria of TLZO Sec. 3.4.12 have been satisfied; and the proposal would
serve the public necessity, convenience, general welfare and good zoning practice.
Chairman Kidder invited the Applicant to make their presentation
Blair White, Manager, Courthouse Square Dev. Assoc., LLC gave a brief history of the property
and previous application noting that they had partnered with the Arendale family in 2009 and felt
it was perfect for residential development. However, factors at that time made residential unlikely
so they decided to go the office route. Now, they feel that they have a project that better fits the
Old and Historic District. When they first engaged in this project they saw a presentation
commissioned by the Leesburg Downtown Improvement Association by Urban Land Institute
(ULI). ULI had been asked to do an analysis of downtown and to make some recommendations
to create more vibrancy and economic vitality. ULI identified four core blocks for downtown
which includes their property. Other recommendations included encouraging residential
development. They feel that this project will increase the vibrancy of the downtown and revitalize
this vacant site and the vacant Loudoun Times Mirror Building. The design being reviewed tonight
has been through many iterations and considerations and the requested buffer modifications are
needed due to the irregular site and irregular building footprint. Without these modifications, the
engineering doesn't work. They have programmed the building to create a variety of housing
options from very small units to two bedroom units. The smaller units will be more affordable for
others that are not able, to rent apartments in Leesburg today. They will also be providing six
affordable dwelling units (ADU's).
John Torti, Sr. Partner, Torti Gallas and Partners, discussed the architecture of the proposed
building noting that it was a big building and they have worked to place it on the site in a gentle
and authentic way to fit within the scale of Leesburg. The site, for the most part, is internal with
an exposure along Church Street and a very short exposure on Loudoun. Everything else is behind
other buildings and the site is considerably lower (approximately 22 feet) than Market Street. An
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June 6, 2019
important element is the interior circulation between blocks and how this site can connect to King,
Market, and Loudoun, and Church Streets. The network of streets and plazas in the block create
an interesting epiphany as it created public spaces interior to the site as well as along the streets.
The scale of the proposed buildings are identical to that of the surrounding buildings. Additionally
they looked at other historic downtowns such as Staunton and Lynchburg for inspiration when
designing their buildings. Mr. Torti also displayed and discussed the various elevations of the
project.
Chairman Kidder called for public comment.
Matt Hallam, owner of 101 East Market Street (Trinity House Cafe) came forward in support
however, he expressed concerns regarding Church Street being widened and the effect on his
ingress/ egress, tree canopy and power lines on the property.
Mr. Parker explained that the Applicant is not making any road frontage improvements on Church
Street from the end of their property up to Market Street. Mr. Hallam's ability to develop,
ingress/egress, and powerlines will not be affected.
Planning Commission Questions and Staff/Applicant Responses
Is there a letter from the school system stating that there will be 33 kids generated by the proposed
116 units?
Mr. Parker replied that he sent Loudoun County Public Schools (LOPS) a formal referral request
to which they responded to in writing.
Did the fire department review this project for accessibility?
Mr. Parker replied that both the Fire Marshall and Fires Rescue Service were referrals as well.
How is the traffic impact being mitigated?
Calvin Grow, Transportation Engineer, explained that when the original rezoning for this site was
approved there was a right turn that was warranted as part of that development. They are putting
residential in here and peak traffic is in the morning and they are not typically coming back at 5:00
PM, it is usually 6:00 pm. A lot of the trips from this development will be incoming versus
outgoing. Increased traffic was anticipated with the approval of the Crescent District. The more
retail that locates downtown, the more traffic will be impacted. We may need to look at turning
time restrictions at Loudoun and King Streets in the future. We are also looking at signalizing
Harrison Street and King Street at North Street in the future.
Clarification of the parking reduction and shared parking agreement.
Mr. Parker explained that the Applicant is not asking for parking reductions. Our ordinance has
the ability to apply a shared use, off time factor. They are asking to apply shared uses and overlap
uses with each other for a decrease of 7%. All the residential units will have their required number
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of parking as it pertains to the commercial and the residential. The Commission can make a
recommendation as to whether or not they should have that shared use factor. Office and retail
uses utilize parking at different time of the day.
How many additional trips are predicted in the morning and afternoon?
Mr. Parker answered that is was 44 am peak and 55 pm peak. Total new trips at 696.
Can the amount of affordable dwelling units (ADUs) be increased given the amount of retail being
added and amount of existing retail and restaurant uses?
Bob White, Co -Manager, Courthouse Square Dev. Assoc., LLC. explained that parking costs,
economics, and rent scheme that comes with ADUs does not allow another number.
Are these rentals or condos?
Mr. Blair responded that they are rental units.
Can you give us a general idea on the rental cost of the units?
Mr. Blair explained that the ADUs will be cheaper than market rate. They are trying to navigate
that formula themselves and it is difficult to arrive at a number because they may not be delivered
for two years. He estimated that ADUs would be below $1000 and the market rate for the larger
units would range from $1,450 to $2,600.
Assuming that this is approved by Council, what is the timeline of development?
Mr. Blair explained that if approved by Council, there would have to go through the site plan
process and the COA process with the BAR so they are probably looking at summer of 2020 to
start.
What portion of Church Street will not be improved?
Mr. Parker explained that the width of Church Street will stay the same in the area Mr. Hallam
was referring to and will remain one way in. The changes to Church Street involve installing the
brick sidewalks through dedication, on street parking, and area for turn lane.
Will the noise ordinance be impacted once the residential is in place given the restaurants with live
music?
Mr. Parker explained that the noise ordinance applied uniformly across the Town. Anyone having
outdoor music is required to get a permit from the Town Manager's office. Amplified music is
only allowed until 8:00 PM.
Will there be any public parking inside this space?
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Mr. Parker explained that if Parking Option B is the one that is ultimately approved there will be
public parking that will be replaced on this site. If the Council decides to not choose that option
there is a provision in the conditions where public parking will be available in the evening after
5:00 PM. Residential has to have their required parking so the availability of public parking after
5:00 PM and on the weekends is unknown.
Given the site is 22 feet lower than King Street, what has been done to address storm water?
Mr. Parker explained that the old plan site was not neutral under our old regulations. Engineers
have taken this site and upgraded it to new regulations and made it neutral for storm water.
In the event that this project is built and the owner chooses to sell the property are there any
regulations that would protect the ADUs in this project?
Mr. Parker replied that per the ordinance, any affordable dwelling units, whether they are for sale
or rental are designated on the plats at the time of site plan and must be maintained as affordable
dwelling units, despite ownership, for 15 years.
Will the elevations be proffered?
Mr. Parker explained that this is a special exception application and proffers are not permitted.
The elevations would be part of the Approved Special Exception Plat and would need to be built
in substantial conformance pending BAR review.
Can you explain the mechanical lift system?
Mr. Blair explained this type of system is found in dense urban areas. The mechanism consists of
steel plates and cables along the side which are built to carry the load of vehicles and is used to
maximize vertical height.
What would happen should the lift system fail and parking requirement are not being met?
Mr. Blair explained that Parking Option B (Mechanical Lift) is intended to be the option that they
would go to should an agreement be put in place with the Town to replace the parking spaces that
are being leased today on a month to month basis. If that doesn't happen, Parking Option A
provides 177 spaces. They believe that both options meet ordinance requirements
Given the current office environment, what made you decide to propose an office use?
Mr. Blair explained that they had consulted with the Town's Economic Development Department
to see where the current environment is. There is a glut of office space but it is chopped up and on
top of row houses. Their concept is to have 10,000 s.f. on a single floor that can be divided into a
couple different suites. Their market study shows that Leesburg does not have chunks of office
space greater than 2,500 s.f.
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June 6, 2019
Chairman Kidder closed the public hearing at 9:14 PM and called for Planning Commission
comments and discussion.
Concerns were expressed regarding traffic, sufficient parking, and impact on the Town as a whole,
building height, and the appearance of the development on Church Street. It was suggested to set
back the building somewhat, as was done on the Loudoun Street elevation to break up the
monolithic wall.
Mr. White noted that he appreciated the concern regarding the Church Street elevation and
explained that the site and building are so tightly engineered that he could not see how they could
set the building back without sacrificing parking.
After additional discussion, Chairman Kidder called for a motion.
Commissioner Lanham moved that Special Exception Application TLSE-2018-0005, Church and
Market, be forwarded to the Town Council with a recommendation of approval subject to the
conditions of approval and modifications as enumerated in the June 6, 2019 Planning Commission
Public Hearing Staff Report on the basis that the Special Exception Approval Criteria of Zoning
Ordinance Section 3.4.12 and the specific use standards of Sections 9.3.15 (Multi -family
Development) and 9.3.18 (Parking Structure) have been satisfied, and further that the six requested
modifications be granted, because the proposal would serve the public necessity, convenience,
general welfare and good zoning practice.
Commissioner Nacy proposed an amendment to the motion to recommend Parking Option B.
Mr. Parker explained Parking Option B is subject to agreement so the approval is either A or B,
subject to the recommendation of Town Council.
Commissioner Nacy withdrew the amendment and seconded the motion as originally read.
The motion carried by a vote of 5-2 (Barnes and Kidder opposed).
A brief recess was taken at 9:33 PM.
The meeting resumed at 9:43 PM.
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
TLZM-2018-0003, TLSE-2018-0003, TLSE-2018-0004, TLSE-2018-0006, and TLSE-2018-
0012 Shops at Russell Branch Work Session — Rich Klusek, Sr. Planner, Planning and
Zoning
Mr. Klusek reminded the Commission that at the May 18, 2019 public hearing, one of the main
topics of conversation was regarding the gas station canopy. He discussed the canopy heights at
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June 6, 2019
Potomac Station Market Place, Oaklawn and the two options for Russell Branch (gabled roof and
flat roof). He noted that in all three of these cases, a modification was sought for the canopy
height. He noted that the Applicant was more than willing to do a flat roof and the height would
be 187' ' which would allow a lower gas station canopy. Mr. Klusek displayed a number of
photos of canopies in Leesburg, other jurisdictions in Virginia, and across the country. He noted
that staff recommends approval as the proposal is consistent with the Town Plan, all outstanding
issues have been addressed, and the architecture will be reviewed by the BAR during the COA
process.
Planning Commission Questions/Comments and Staff/Applicant Responses
Concerns were expressed regarding the visibility of the gable roofed canopy vs the flat roof
canopy from Battlefield Parkway and the gas station and canopy dominating the development
due to its size, height and red striping, employee parking, and lighting.
Molly Novotny, Land Use Planner, Cooley LLP, clarified that they would still be requesting a
height modification of 18' 7" for the flat roof canopy. The lowest part of the canopy would be
14' 6". The ordinance calls for 14 feet. So they've asked for a modification to increase by 6
inches to allow for fifth wheel RVS access. There are also grade changes on the site so an
increase in height is necessary to keep the canopy level. They have set up the application to
allow either the gable or the flat roof. The final design of the canopy will be reviewed and
approved by BAR.
With regard to employee parking Mr. Klusek explained that was covered under the shared
parking agreement which allows employees to park anywhere within the site. From an
environmental standard, we would not want to have more parking than needed as it increases the
impervious surface.
Ms. Novotny addressed lighting concerns and explained that they have continued with the same
lighting that was approved for Lowes to have a consistent feel and that they could look into this
prior to the Town Council public hearing.
Chairman Kidder called for a motion.
Commissioner Lanham moved that Rezoning Application TLZM-2018-0003, including the
Concept Development Plan dated April 23, 2019 and the proffers dated May 15, 2019, be
forwarded to the Town Council with a recommendation of approval based on the findings for
approval included in the May 16, 2019 Planning Commission Public Hearing Staff Report and
on the basis that the rezoning meets the approval criteria of TLZO Section 3.3.15 and the
proposal will serve the public necessity, convenience, general welfare and good zoning practice.
Commissioner Faliskie seconded the motion and the motion carried by a vote of 7-0.
Commissioner Lanham moved that Special Exceptions TLSE-2018-0003 and TLSE-2018-0006
to allow a combined 6,120 square foot service station/car wash be forwarded to the Town
Council with a recommendation of conditional approval, subject to the conditions contained in
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June 6, 2019
the staff report dated May 16, 2019, based on the findings for approval included in the May 16,
2019 Planning Commission Public Hearing Staff Report and on the basis that the special
exception approval criteria of TLZO Section 3.4.12 have been satisfied and the proposal will
serve the public necessity, convenience, general welfare and good zoning practice.
Commissioner Walker seconded the motion and the motion carried by a vote of 7-0.
Commissioner Lanham moved that Special Exception TLSE-2018-0004 to allow a combined
7,550 square foot vehicle service facility be forwarded to the Town Council with a
recommendation of conditional approval, subject to the conditions contained in the staff report
dated May 16, 2019, based on the findings for approval included in the May 16, 2019 Planning
Commission Public Hearing Staff Report and on the basis that the special exception approval
criteria of TLZO Section 3.4.12 have been satisfied and the proposal will serve the public
necessity, convenience, general welfare and good zoning practice.
Commissioner Nacy seconded the motion and the motion carried by a vote of 7-0.
Commissioner Lanham moved that Special Exception TLSE-2018-0012 to allow a 6,000 square
foot car wash with an additional 5,000 square foot under canopy outdoor area be forwarded to
the Town Council with a recommendation of conditional approval, subject to the conditions
contained in the revised conditions of approval dated May 16, 2019, based on the findings for
approval included in the May 16, 2019 Planning Commission Public Hearing Staff Report and
on the basis that the special exception approval criteria of TLZO Section 3.4.12 have been
satisfied and the proposal will serve the public necessity, convenience, general welfare and good
zoning practice.
Commissioner Walker seconded the motioned the motion carried by a vote of 7-0.
COMPREHENSIVE PLANNING
Town Plan Review — Chapter 6- Susan Berry Hill, Director, Planning and Zoning
This was deferred to the June 201h meeting.
Chairman Kidder asked for an update on the Comprehensive Plan Update status.
Ms. Berry Hill informed the Commission that a consultant had been selected and they were very
close to signing the contract, possibly by next week. The next step is to call the consultant and
start ramping up for the process, Staff will need to provide certain data and information to the
consultant. Our Public Information officer, Betsy Arnett, will collaborate with them on a public
outreach and information platform that they use. We will then need to talk about scheduling and
a work plan together. A work plan was submitted with the RFP. Staff will start conversations
with the consultant as early be the end of June but certainly by July.
STAFF AND COMMITTEE REPORTS
None
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SRTC REPORT
None
BAR REPORT
None
TOWN COUNCIL LIAISON REPORT
None
OLD BUSINESS
None
NEW BUSINESS
None
ADJOURNMENT
The meeting was adjourned at 10:21 pm.
App roved by:
aren Cicalese, Commission Clerk
Doris Kidder, Chair
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