Item 8FCity of Southlake
Department of Planning
1400 Main Street, Suite 310, SoutWake, TX 76092
MEMORANDUM
August 10, 2005
TO: The Honorable Mayor and City Council
FROM: Ken Baker, AICP, Planning Director
SUBJECT: Ordinance 480 -CCC — Amendment to the Comprehensive Zoning Ordinance to
add the Rural Conservation Subdivision (RCS) Zoning District (proposed new
Section 48).
REQUESTED ACTION: Conduct a first reading of Ordinance 480 - CCC.
BACKGROUND: One of the key strategies following the approval of the new land
use categories in the Southlake 2025 Plan has been the need to
create appropriate zoning districts to facilitate more flexible
development to implement the vision of the plan. This ordinance
amendment aims to implement the Rural Conservation Subdivision
land use category by creating the corresponding zoning district.
Following the discussions about optimal density, open space
requirement, and financial feasibility with the Planning and Zoning
Commission and City Council, staff is proposing the Rural
Conservation Subdivision zoning district, the new Section 46 of
the city's comprehensive zoning ordinance 480, as amended. The
following two options were considered at the Planning and Zoning
Commission August 4, 2005 meeting:
• A flat maximum density standard of 1.4 dwelling units per
acre and a minimum open space requirement of 35 %; or
• A sliding scale density and open space standard:
Proposed Net Densi y
Minimum Gross Open Space Required
1.01-1.1
20%
1.11 — 1.2
25%
1.21— 13
30%
131 - 1.4*
35%
*1.4 would then be the maximum net density permitted in the Rural
Conservation Subdivision zoning district under this option also.
While the flat density standard may work well in most situations,
there may be limited situations where more flexibility may be
desired by the city and developers. This alternative would be in
the form of a sliding scale that establishes the open space
requirement based on the density. As the intensity of the
development increases, so does the open space requirement. This
sliding scale attempts to bridge all the options from a typical
development in an Single Family Residential 1 -A (SF1 -A) district
to an R -PUD district while requiring higher open space
percentages than conventional development in these zoning
districts.
In addition, to some P &Z recommended changes, several additions
were made to the ordinance per recommendations from the City
Attorneys. All the changes that have been made since the Planning
and Zoning Commission's recommendation on the ordinance
amendment have been identified through strikethroughs (for
deletions) and underlines (for additions).
FINANCIAL
CONSIDERATIONS: None
LEGAL REVIEW: Yes
CITY COUNCIL
ACTION: None.
P &Z ACTION: August 4, 2005; Conducted a Public Hearing on the proposed
Ordinance 480 -CCC with the following changes:
o Recommending the sliding scale density and open space
requirement option; and
o Recommending the addition of the following statement
under the Purpose and Intent section: "The R -PUD is not
appropriate in areas designated for Rural Conservation land
use in the consolidated future land use plan."
ATTACHMENTS: Proposed ordinance 480 -CCC
ORDINANCE NO. 480 -CCC
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; ADDING SECTION 48 AS THE RURAL
CONSERVATION SUBDIVISION (RCS) DISTRICT; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive
Zoning Ordinance for the city; and
WHEREAS, the city council has determined that it is appropriate and in the best interest
of the city to promote the public health, safety, and general welfare of its residents by amending
Ordinance No. 480 as provided herein; and
WHEREAS, the city council has given published notice and held public hearings with
respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
PART 1
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Section 48
Rural Conservation Subdivision District (RCS)
48.1 Relationship to the Comprehensive Master Plan
The Rural Conservation Subdivision (RCS) District implements the following
recommendations of the Southlake 2025 Plan — Phase II:
Protect the city's remaining ranching /agricultural and environmental areas in the
northern part of the city by requiring residential development to occur in a manner
that has the minimum impact on these resources.
Create a new land use district that protects and preserves a portion of Southlake's
agricultural /ranching environment and rural character.
Identify and protect significant wooded areas and other environmentally sensitive
areas in perpetuity as natural open spaces.
48.2 & Intent
The purpose of the Rural Conservation Subdivision zoning district is to implement the
recommendations of the Southlake 2025 Plan with respect to:
• Protecting and preserving a portion of Southlake's agricultural /ranching environment
and rural character;
• Providing for the only flexible -a zoning district alternative
design in ^r' °r to promote environmentally sensitive and efficient uses of the land in
areas designated as Rural Conservation in the Consolidate Future Land Use Plan
• Preserving unique or sensitive natural resources such as floodplains, wetlands,
streams, steep slopes, woodlands, wildlife habitat, and agricultural /ranching areas in
perpetuity;
• Permitting clustering of houses and structures in less environmentally sensitive areas
which will reduce the amount of infrastructure, including paved surfaces and utility
easements necessary for development;
• Reducing erosion and sedimentation by minimizing land disturbance and removal of
vegetation for development;
• Encouraging interaction in the community by clustering houses and orienting them
closer to the street, providing public gathering places and encouraging use of parks
and community facilities as focal points in the neighborhood; and
• Conserving scenic views and reduce perceived density by maximizing the number of
houses with direct access to and views of open space.
1 48.3 Definitions
The following definitions shall apply to uses, category of uses, and other terms used in
the RCS District only. For terms not specifically defined under this subsection, Section
4, Definitions shall apply.
Best Management Practices
A practice or combination of practices determined to be the most effective and practical
means of reducing the impact on the environment from a particular activity.
Conservation Easement
A conservation easement is a voluntary and permanent, legally binding, deed restriction
that limits development of property for the purpose of protecting and preserving a portion
of Southlake's environmentally sensitive and natural resources, including agricultural and
ranching areas. The landowner retains title to the property and the easement applies to all
subsequent owners. The easement must be held by a qualifying parry approved by the
city.
Conservation Subdivision
A Conservation subdivision is a residential development in which houses are clustered
onto part of the development parcel, so that the remainder may be preserved as open
space. The open space is permanently protected under a conservation easement.
Consolidated Future Land Use Plan
The Consolidated Future Land Use Plan is a component element of the Southlake 2025
Plan, the city's Comprehensive Master Plan. The Consolidated Future Land Use Plan, as
amended, serves as the community's blueprint for future development by allocating the
appropriate location, concentration, and intensity of fixture development by land use
categories.
Environmental Preserve
An environmental preserve is natural open space reserved for land that is under
permanent conservation. It consists of areas in the flood plain, woodlands to be
preserved, creeks, water bodies, steep grades, and other environmentally sensitive lands.
Activities in the environmental preserve shall be limited to natural trails, paths, and
equestrian trails. If significant lake access is available, canoe put -ins or other passive
water recreation activities may be permitted. The size of an environmental preserve may
vary depending upon the environmental element being preserved.
Typical environmental preserves along creeks and flood plains
Equestrian Uses
Equestrian uses are those uses related to equine activities such as ranching, grazing,
private stables, private riding corrals, trails, and other related non - commercial uses. This
definition shall not include any commercial stables or other operations.
Land Trust
A land trust is a non - profit, non- governmental conservation organization that protects
natural resources and open space, in part by holding and managing conservation
easements.
Net Density
Net density is defined as the number of dwelling units per net acre, which excludes
acreage in all public rights -of -way.
Protected Open Space
Open space preserved in perpetuity by a conservation easement.
Qualifying Party
An organization approved by the city to hold conservation easements. Qualifying parties
may include neighborhood associations, land trusts, conservation commissions,
governmental entities, or other organizations pursuant to Section 170(h) of the Internal
Revenue Code of 1986, as amended.
Southlake 2025 Plan
The City of Southlake Comprehensive Master Plan, as amended, consisting of multiple
elements, as adopted by the City Council.
1 48.4 Permitted Uses
a. Residential Uses
1. Single family detached dwellings.
b. Community Facility Uses
1. Public, semi - public and private parks.
2. Recreation and open space including playgrounds, parkways, greenbelts, ponds
and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle
trails, and bird and wildlife sanctuaries.
3. Swimming pools and game courts.
4. Other uses of a similar nature and character.
c. Conservation Easement/Protected Open Space Uses
1. Conservation of natural, archeological or historical resources.
2. Meadows, woodlands, wetlands, wildlife corridors, or similar conservation -
oriented areas.
3. Walking or bicycle trails, provided they are constructed of porous paving
materials.
4. Passive recreation areas.
Active recreation areas provided that they are limited to no more than 10 percent
of the total protected open space. Active recreation areas may include impervious
surfaces. Active recreation areas in excess of this limit must be located outside of
the protected open space.
6. Agriculture, ranching, horticulture, silviculture or pasture uses, provided that all
applicable best management practices are used to minimize environmental
impacts.
7. Nonstructural stormwater management practices.
8. Easements for drainage, access, and underground utility lines.
9. Other conservation- oriented uses compatible with the purposes of this ordinance.
d. Prohibited Uses in Conservation Easements /Protected Open Space Uses
1. Golf courses.
2. Roads, parking lots and impervious surfaces, except as specifically authorized in
the previous sections.
3. Agricultural, ranching, and forestry activities not conducted according to accepted
Best Management Practices.
4. Planting of exotic, invasive species.
5. Other activities as determined by the applicant and recorded on the conservation
easement.
1 48.5 General Standards for Rural Conservation Subdivisions (RCS)
Where the RCS is developed, the tract shall have a gross contiguous land area of twenty
(20) acres or greater and shall be developed under a cluster option. The cluster option is
intended to prevent the loss of natural features while providing optimal development
potential to developers. The development's overall net density shall not to exceed 4 4one
1.0 dwelling unit per acre For all development proposed at a net densitYgreater than
1.0 dwelling units per acre, E)N4ded th the following conditions are shall be met:
1. Sewer and water service are available.
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2. The following table shall provide the net density and corresponding open space
standard. In no case shall net densitv in the RCS district exceed 1.4 dwellinu
units per acre *.
Proposed Net Density Minimum Gross Open Space Required
1.01 — 1.1 20%
1.11 — 1.2 25%
1.21 — 1.3 30%
1.31 - 1.4* 35%
3. The open space dedicated shall be contiguous and shall be protected by a
perpetual conservation easement held by a qualifying party approved by the city.
4. Lots shall be developed in the least obtrusive location and away from
environmentally sensitive areas such as tree areas, active agricultural activities, or
equestrian activities.
Where possible structures shall be oriented with respect to scenic views, natural
landscape features, topography of the site, solar energy, and natural drainage
areas, in accordance with an overall plan for site development.
48.6 Development Regulations
The height, setback, area floor space, fence design, and other development regulations
shall be established as part of the Development Plan with City Council approval. T4+e
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of an f:egti at an. Special attention shall be placed on the design of perimeter and interior
fencing. Such fencing shall be limited to open, visually permeable fences that are typical
along the city's rural roadways. The following images shall be used as a guide in
designing appropriate fences in the RCS.
The following are examples of acceptable fence designs:
M
Acceptable masonry, wood, and wrought -iron fences
The following images are examples of unacceptable fence designs:
Unacceptable fence designs
48.7 Ownership & Delineation of Conservation Easements
The applicant must identify the owner of the conservation easement who is responsible
for maintaining the open space and facilities located thereon. If a Homeowners
Association is the owner, membership in the association shall be mandatory and
automatic for all homeowners of the subdivision and their successors. If a Homeowners
Association is the owner, the Homeowners' Association shall have lien authority to
ensure the collection of dues from all members. The responsibility for maintaining the
conservation easement and any facilities located thereon shall be borne by the owner.
All conservation easements shall be duly platted and approved by the city through its
normal platting process. Conservation easement plats shall explicitly state the type of
easement, restriction on future development on the land, and any other conditions placed
on the property by City Council.
48.8 Protected Open Space Management Plan
The applicant shall submit a Plan for Management of Protected Open Space ( "Plan ") that:
1. Allocates responsibility and guidelines for the maintenance and operation of the
protected open space and any facilities located thereon, including provisions for
ongoing maintenance and for long -term capital improvements.
2. Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the protected open space and outlines the means
by which such funding will be obtained or provided.
3. Provides that any changes to the Plan be approved by the City Council
4. Provides for enforcement of the Plan.
5. In the event the party responsible for maintenance of the protected open space
fails to maintain all or any portion in reasonable order and condition, the City of
Southlake may assume responsibility for its maintenance and may enter the
premises and take corrective action, including the provision of extended
maintenance. The costs of such maintenance may be charged to the owner,
Homeowner's Association, or to the individual property owners that make up the
Homeowner's Association, and may include administrative costs and penalties.
Such costs shall become a lien on all subdivision properties.
1 48.9 Legal Instrument For Permanent Protection of Open Space
Protected open space shall be preserved in perpetuity by a permanent conservation
easement held by a qualifying parry. The easement must contain an appropriate provision
for retransfer in the event the qualifying party becomes unable to carry out its functions.
The conservation easement shall include clear restrictions on the use of protected open
space. These restrictions shall include all restrictions contained in this ordinance as well
as any further restrictions the applicant chooses to place on the use of the protected open
space.
48.10 Applications and Development Review Process
a. Applications for Rezoning.
1. An applicant requesting a rezoning to the RCS shall submit a
Development Plan that meets the requirements of subsection 48.6 and
include the informational requirements for a Development Plan in the R-
PUD under Section 40 of this ordinance.
2. The Planninu and Zoning Commission shall make a recommendation on
the rezoning request and the City Council may approve any such proposal,
together with any conditions, requirements or limitations thereon which
the Planning and Zoning Commission or City Council deems appropriate.
b. Plan Review Process.
1. Overview of Review Process
Development of land in the RCS includes two steps and plat approval.
The first two steps are the rezoning and development plan review and
approval phase. A building_ permit for building with single - family
residential uses may be obtained after approval of final plat by the
Planning and Zoning Commission.
2. The Development Plan:
The Development Plan in the RCS is intended to illustrate the general
development pattern of the district consistent with the purpose and intent
of the district.
The applicant shall submit a Development Plan for the entire
property for which the rezoning is s sought. A Development Plan in
the RCS is not intended to be a detailed proposal, rather, it shall
illustrate general location of land uses, street layout, treatment of
transition areas to adjacent uses and any other appropriate
information required by decision makers. The Development Plan
in the RCS shall illustrate the general design direction of the site
with dimensional guidelines that provide adequate information on
the design intent, intensity, and phasing of the proposed
development.
ii. The application shall:
a) Demonstrate compliance with the District's purpose and
standards and the Southlake 2025 Plan, as amended,
Include a map(s) that includes all the informational
requirements for a Zoning Change/Development Plan in the
R -PUD district (as listed under Section 40), and meets the
standards of this section including:
(1) the layout of proposed blocks, streets, bikeways,
and pedestrian paths,
(2) the location and acreage of open space areas with an
indication for each whether it will be privately
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owned, a common area for residents only or
dedicated to public use,
(3) the location, area, and percentages of residential,
agricultural, open space, or other uses proposed in
the development,
(4) the approximate shape, size, and placement of
buildings, and
(c) include a report in the form of text, statistical information,
tables, guidelines, and graphics which shall include:
(1) A statement indicating the purpose and intent of the
proposed district,
A describtion of the mix of land uses and the factors
which ensure compatibility both within the
development site, with adjacent land uses, and
compliance with the recommendations of the
Southlake 2025 Plan and other elements of the
city's Comprehensive Master Plan,
(3) Statistical information including:
(a) gross acreage of the site, plus net acreage of
the site excluding_ jurisdictional wetlands,
regulatory floodplains, and slopes over 20 %,
(b) the amount of land devoted to open space,
expressed in acres and as a percentage of the
gross acreage of the site.
(c) the amount of land devoted all proposed
uses, expressed in acres and as a percentage
of the gross acreage of the site.
(d) a plan for pedestrian, bicycle, and vehicular
circulation describing the general design
capacity of the system as well as access
points to the major thoroughfare system.
(e) a daily and peak hour trip generation and
directional distribution report by use is may
be required unless the Director of Public
Works finds that the traffic to be generated
by the proposed district does not warrant the
preparation and submission of a study,
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(f) the maximum allowable building covera
density, and height, and
(g) the minimum building setbacks and any
dimensional standards including lot wid
depth, and area.
4) Street design standards_ with typical cross - sections
and street classifications for the proposed
development (or for each phase, if it is to be
developed by phases) specifying minimum
pavement width, right -of -way width, presence of
curbs, on- street parking, street trees, bikeways and
sidewalks,
(5) Development
standards
for the
proposed
development
(or for each
phase, if it
is to be
developed by
phases) specifying
dimensional
standards for
lot area, lot
width, lot
depth, lot
coverage, accessory use /structure
standards,
setbacks, heights,
and development
density;
(6) An open space management plan and legal
instrument for permanent protection of the open
space as outlined in subsections 48.8 and 48.9, and
7) A schedule for the brobosed development (or for
each phase, if it is to be developed by phases),
which schedule shall not be binding but shall be
provided in order to show eg nerally how the
applicant will complete the project containing the
following information:
(i) the order of construction by section
delineated on the Development Plan,
(ii) the proposed schedule for construction of
improvements to open space areas, and
(iii) the proposed schedule for the installation of
required public or utilities improvements
and the dedication of public rights -of -way,
easements and properties.
The applicant may request that the Director of Planning waive or
defer any of the foregoing requirements of the application that are
not applicable for the review of a specific development.
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3. Preliminary and Final Plat Approval
i. Preliminary Plat Approval: An application for Preliminary Plat
approval may be submitted only after the City Council has
approved a Development Plan.
(a) A Preliminary Plat may be submitted for all of a proposed
development or for a section of development.
(b) The Preliminary Plat shall conform to the approved
Development Plan. The applicant shall comply with
Article III, Section 3.02 of Ordinance 483, the city's
Subdivision Regulations, for the Preliminary Plat Submittal
Requirements.
Simultaneous Submittals: An applicant may submit an application
for a Preliminary Subdivision Plat approval for review
simultaneously with the Development Plan application. In such
cases, any approval of the Preliminary Plat must be conditioned
upon the approval of the Development Plan. If the approved
Development Plan includes any additions or conditions by the
decision - making authority, the Preliminary Plat undergoing
simultaneous review will not be approved unless amended to
conform to the approved Development Plan.
iii. Final Plat Approval: An application for Final Plat approval shall
be submitted only after a Preliminary Plat has been approved for
development in the RCS.
(a) A Final Plat may be submitted for all of a planned
development or for a section of development.
(b) The Final Plat shall conform to the approved Preliminary
Plat and Development Plan. The applicant shall comply
with Article III_ Section 3.03 of Ordinance 483_ the Citv's
Subdivision Ordinance, as amended, for the Final Plat
Submittal Requirements.
48.11 Variances
The Citv Council may abbrove variances to anv of the sbecific standards in the RCS after
a recommendation by the Planning and Zoning Commission based on unique site
conditions and development intent at the time of the zoning change /development plan
application. In rg anting a modification, the City Council may impose any conditions that
it deems necessary or desirable to protect the public interest. However, an applicant may
submit to the Board of Adjustment a request for a variance and the Board may grant
variances to all specifically established RCS standards for a particular development.
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48.12 Amendments to Approved Plans or Regulations Established in a Rural
Conservation Subdivision District Ordinance
a. The Planning Director may approve minor changes to and deviations from
officially approved plans with the applicant's written justification of the nature of
changes. Any significant changes to and deviations from approved plans shall be
regarded as an amendment to that particular plan and shall be reviewed by staff
and subject to Planning and Zoning Commission recommendation and City
Council approval. The Planning Director shall make the determination as to
whether a proposed change is minor or significant, based upon consideration of
the following factors:
1. whether the proposed change substantially alters the arrangement of
buildings or changes the use of building space designated on the original
plan;
whether there is an increase in the number of residential
3. whether the proposed change substantially alters vehicular circulation or
the placement/ arrangement of parking areas,
4. whether the proposed change will reduce or lessen the effectiveness of
open space, landscape buffers, and edges, or
b. If the proposed change is significant or conflicts with regulations specified within
the ordinance establishing the district, it must be approved by the City Council
after a recommendation from the Planning and Zoning Commission.
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PART 2
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
PART 3
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
PART 4
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
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PART 5
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning yard regulations which have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
PART 6
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof.
PART 7
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance or its
caption and penalty in the official City newspaper one time within ten days after final passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
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PART 8
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the Ist reading the day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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