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Ordinance No. 81-23 CITY OF TIGARD, OREGON ORDINANCE NO. 81-a3 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A COMPREHENSIVE PLAN REVISION TO "IM 1978 NPO #6 PLAN MAP OF THE CITY OF TIGARD DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (Edwards Industries CPRPD 2-81) PLANNING DEPAR'PMENT DEFERENCE INFORMATION Tax Map 2S1 10A, Tax Lots 302, 400, Sol - Project Address 14240 SW Pacific Highway and lots connecting to the southeast and east, - File Number CPRPD 2-81, - Present zoning designation City of Tigard A-12 "Multifamily Pesidential Urban Medium Density", - Zone changed to City of Tigard A-20PD "Multifamily Residential Urban High Density Planned Development District", - Applicant Edwards Industries. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION le Finding that the lands hereinafter described are now classified as City of Tigard A-12, -and further findings that pursuant to procedures, the abovestated application for a Comprehensive Plan Revision was presented at a public hearing held by the Tigard Planning Commission on March 3, 1481. All interested persons were afforded an opportunity to be heard at this public hearing. Therefore, the Council adopts the following substantive finding: A. That the proposed zoning is compatible with the surrounding neighborhood as determined by the Tigard Planning Commission. SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for a Comprehensive Plan Revision of the NPO #6 Plan Map of the City of Tigard is hereby approved subject to provisions of Chapter 18.24 of the Tigard Municipal Code as embodied in adopted Exhibits "A", "B", and "C" attached and made a part of this Ordinance. The zoning designation of the subject property is hereby changed to A-20PD. Exhibit "A": Legal Description - Exhibit "B": Tax Clop - Exhibit "C": Staff Report And further subject to the following conditions: 1. Development subject to Site Design Review. 2. Final plans to be reviewed by Tualatin Rural Fire Protection District. 3. Access to this site from Pacific Highway and SW McDonald Street shall be reviewed at Site Design Review to the satisfaction of Public Works. 4. Revised parking layout to be submitted with Site Design Review material. ' f S. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department ORDINANCE NO. 81 - CPRPD 2-81 i . i 6. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 7. Grading and construction pians for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits. 8. All proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. 9. All street and parking areas shall be concrete and asphalt. All sidewalks shall be concrete. 10. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. 11. The only residential use for this parcel shall be a home for the aged. SECTION 3: Inasmuch as it is necessary to the peace, health, and safety j of the public that the foregoing sone change I the City's records become effective, an emergency is hereby declared to exist, and this ordinance � shall be effective upon its passage by the Council and approval by the Mayor. PASSED: By �� �,L",1 �� vote of all Council members present this ?7 ' day of . 1981, after being read two times E` by number and title only. RacdrcTer - City of Tigan 7 APPROVED: By the Mayor this �7� day of .Qv,�-. r . .1981. r-: Mayor City of Tigard 7f ' tp� MINFNCS NO. el b EXHIBIT "A" DESCRIPTION SHEET See Page 1 for vesting and encumbrances, if any. Description of the tract of land which is the subject of this report: PARCEL I: A portion of Lot 8, CANTERBURY PLACE, a duly recorded plat and other lands in the Northeast one-quarter of Section 10, Township 2 South, Range 1, West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning at the Northeast corner of Lot 10, said plat, being also the Southwest corner of tract in Deed to R. T. Cooper as recorded at page 17 of Book 556; thence South 890 591 West, 199.89 feet to t a one-half inch iron pipe at the Northwest corner of said Lot 10; thence South 890 541 2411 West, 190.39 feet to a 5/8 inch iron rod on the.North line of Lot 9, said plat, being also the Southwest corner of tract in Deed to G. W. Hubble as recorded at page 575 of Book 405; thence South 890 541 2411 West, 79.10 feet to a 5/8 inch ' iron rod at the Northwest corner of Parcel I of tract in Deed to Oregon Foundation, Inc. , as recorded at page 399 of Book 580; thence South 3'40 551 1111 West on the nest. line of said Parcel I, 249.09 feet- to a,5/8 inch iron rod at the Northeast corner of Parcel II of said Oregon Foundation, Inc. Deed; thence North 590 ;021 1711 West on the North line of said Parcel II, 98.18 feet to a 5/8 inch iron rod at the Southeast corner of tract in Deed to James L. Cain as recorded at page 978 of Book 1119; thence North 330 571 5711 East, { 131.18 feet to a 5/8 inch iron rod at the Northeast corner thereof; thence North 560 021 0311 West, 123.75 feet to a 5/8 inch iron rod at the Northwest corner of said Cain, being on the East right of way k� line of S.W. Pacific Highway; thence North 33° 571 5711 East on last # said line, 190.96 feet to the North line of tract in Deed, G. R. Bubble, as recorded at page 482 of Book 413; thence South 650 251 0811 East on said North line, 271.04 feet to a 5/8 inch iron rod at the Northeast corner of last said tract; thence North 250 491 1011 East, 140.89 feet to a 5/8 inch iron rod; thence South 400 281 0611 East, 90.33 feet to a 5/8 inch iron rod; thence South 730 461 1211 East, 259.71 feet to a 5/8 inch iron rod on the West lane of said Cooper Tract; thence South 000 391 West, 52.40 feet to the beginning. EXCEPTING THEREFROM the Easterly 42.0 feet. PARCEL II: The Easterly 42.0 feet of the following described property: A portion of Lot 8, CANTERBURY PLACE, a duly recorded plat and other lands in the Northeast. one-quarter of Section 10, Township 2 South, Range 1 blest, Willamette Meridian, Washington County, Oregon, described as follows: Report No. 34-A-107611 Beginning at the Northeast corner of Lot 100 said plat, being also the Southwest corner of tract in Deed to R. T. Cooper as recorded k at page 17 of Book 556; 'thence South 890 591 West, 199,89 feet to a one-half inch iron pipe at the Northwest corner of said Lot 10; thence South 890 541 2411 West, 190.39 feet to a 5/8 inch iron rod on the North line of Lot 9, said plat, being also the Southwest corner of tract in Deed to G. W. Nubble as recorded at page 575 of Book 405; thence South 89® 541 2411 West, 79.10 feet to a 5/8 inch iron rod at the Northwest corner of Parcel I of tract in Deed to Oregon Foundation, Inc., as recorded at page 399 of Book 580; thence South 33" 551 1111 West on the West line of said Parcel' I, 249.09 feet to a 5/8 inch gran rcd at the Northeast corner of Parcel lI of said Oregon Foundation, Inc. Deed; thence North 590 021 1711 West on the North line of said Parcel II, 98.18 feet to a 5/8 inch iron rod at the Southeast corner of tract in Deed to James L. Cain as recorded at page 978 of Book 1119; thence North 330 571 5711 Last, 131.18 feet to a 5/8 inch iron rod at the Northeast corner thereof; thence North 560 021 0311 west, 123.75 feet to a 5/8 inch iron rod at the Northwest corner of said Cain, being on the East right of way line of S.W. Pacific Highway; thence North 330 571 57Q1 East on last said line, 190.96 feet of the North line of tract in Deed, G. R. Nubble, as recorded at page 482 of Book 413; thence South 650 251 0818 East on said North line, 271.04 feet to a 5/8 inch iron rod at the Northeast corner of last said tract; thence North 250 49' r" 10F° East, 140.89 feet to a 5/8 inch iron rod; thence Soutai- 40" 281 0611 East, 90.33 feet to a 5/8 inch iron rod; thence South 730 461 1211 East, 259.71 feet to a 5/8 inch iron rod on the West line of said Cooper Tract; thence South 000 391 West, 52040 feet to the beginning.---------------------------------------------------------- E a- 6x k T Report No. 34-A-X107611 , t. EXHIBIT "B" • ! /e ME.T rpQ��Q}a�a S.W. WIC DONALD S- o d� . m a'a' �ti/ �; g':as� s 2Qi. 2�0 a�as. ® ,.: flo �� e�*' 800 $ ` .a0� .ao�. axes try 200 �• ar�.er 8 a 500 �g &tet. s ena Ir % � ®� 20 ��v, • R ass is g � X300 o°� 303 � O r trP as y-- s t.00es , • Vo •moo �" �ac� �( 50t io? 0 500 600 Nr eve � I � o � `t�'saoeArr0 ALLAY X000 +32.30 !PAC �Av $< A".rr faaP.sa pyo) O RS Y j S�« EXHIBIT"C" STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSION MARCH 3, 1981 - 7:30 p.m. FOWLER JUNIOR HIGH - LECTURE ROOM 10865 SW Walnut Street, Tigard NO SUBMISSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT THE PUBLIC HEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. SHOULD THIS OCCUR, UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE FOLLOWING HEARING. DOCKET: COMPREHENSIVE PLAN REVISION PLANNED DEVELOPMENT, CPRPD 2-81 (Edwards Industries Medium to High Density Comprehensive Plan Change) NPO #6 APPLICANT: EDWARDS INDUSTRIES OWNER: SAME 6800 SW 105th Avenue Beaverton, Oregon 97005 REQUEST: For a Preliminary Plan Review for a Comprehensive Plan Revision from City of Tigard A-12 "Multifamily Residential Urban Medium Density" to A-20PD "Multifamily Residential Urban High Density Planned Development District" to build a home for the aged. SITE LOCATION: 14240 SW Pacific Highway and lots connecting to the southeast and east (Wash. Co. Tax Map 2S1 10A, Tax Lots 302, 400, 501) STAFF NARRATIVE: At the present time, this parcel is zoned A-12 "Multifamily Residential." on the Zone Map and Comprehensive Plan. It is the intent, in this case, to change the Comprehensive Plan from A-12 to A-20 "Multifamily Residential". Under the Code, all Multifamily must be reviewed as a Planned Development, hence the A-20(PD) designation.' As the applicant states in the attached Narrative, the purpose of the Change is to allow construction of an eighteen (18) unit elderly housing complex. Present zoning is A-12 "Multifamily - twelve (12) - units per acre". Proposed construction of eighteen (18) units per acre would not be possible under present zoning. The lot is .93 acres. Under the PD designation, the Planning Commission could allow a ten (10%) percent density increase for approximately fourteen (14) units if open space could be found as a "tradeoff". This is not the case. What the developer has proposed is a living complex for the elderly. The proposed site plan meets the criteria for landscaping,and if you figure one (1) space per two (2) units for parking; parking is adequate. The fire department has reviewed and approved the plan. The issue is whether or not to allow six (6) additional units or. this site. Applicant is requesting three things: Comprehensive Pian Change, Preliminary Planned Development Review, General Planned Development Review. I STAFF REPORT AGENDA 5.5/CPRPD 2-81 TIGARD PLANNING COMMISSION MARCH 3, 1981 Page 3 3. All public services are available to this site. STAFF RECOMMENDATION: Staff recommends a�oval of this Comprehensive Plan Revision from A-12 i1Multifamily Residential" to A-20PD "Multifamily Residential Planned Development District" and the Preliminary and General Review with the following conditions: 1. Development subject to Site Design Review. 2. Final plans to be reviewed by Tualatin Rural Fire Protection District. 3. 3 int/acce s agr ement`�be p ovi fo ac ss f om 9W �i;Fa�rdTax o t 00 ( 1 10 and/Vax Lf 30 (2� 10 to e rth Care C ntCer)��(u_� ��J .. -mac.._) .fit. t` /�1 .;;_� �<.,t,_. r V-/)I 1Jl.iU f- 4." Revised farki.ng lajc(4 to be submitted with Site Design Review material 5. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. : S. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 7. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits. S. All proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. 9. All street and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 10. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. anni .rector APPLICANT'S NARRATIVE COMPREHENSIVE PLAN CHANGE, ZONE CHANGE, CONDITIONAL USE PERMIT 2S1 10A Tax Cots 302, 400, 501 I. THE PROPOSAL Edwards Industries of Beaverton is proposing to construct 18 units of elderly housing adjacent to an existing convalescent care facility in Tigard. In addition, on separate but contiguous properties, Edwards is proposing to construct an office commercial condominium project. Offstreet parking for each portion of the project will also be provided. The land use actions are being requested in order to facilitate construction of the project in a manner consistent with present city codes. II. CONFORMANCE TO TIGARD'S COMPREHENSIVE PLAN A. The residential facility; Goals 1 and 2 in Tigard's Community Plan pertain to the proposed project. Goal 1 says, "This range of residential densities (2 to 40 families per acre) is intended to provide a variety of living environments that will accommodate the housing needs of different family size and income". The proposal seeks to take advantage of a unique opportunity available at this particular site where an adjacent care facility exists. Because of this situation, the construction of elderly residential units would create the opportunity for family members (spouses) not requiring attentive care to reside next door to the ailing spouse. Also, with state assisted financing, the residential building owner would be able to offer rents attractive to individuals (retirees) who exist on fixed or limited incomes. These mechanisms, working together, should make a very success- ful enterprise which would provide additional vitality and diversity to the City of Tigard. Goal 2 says, "The comprehensive plan recognizes the established character of existing neighborhoods and seeks to preserve and enhance existing neighborhood values. Future development proposals should be sensitive to the concern of citizens for their own immediate environment as well as to the well-being of the city as a whole. Since the proposed project is new construction, it should enhance the property values of adjacent owners. Additional open and landscaped areas will be provided to com- plement and enhance those of the care facility. Circulation will be improved to the adjacent apartments by upgrading access routes to meet the code of the Fire Marshal. All improvements will take place in accordance with city design code which will ensure that adequate standards of appearance are met. B. The office cop nercial condominium development: While community plan goals of Neighborhood Plan 6 do not specifically L apply to this part of the development, the general thrust of the plan can be interpreted through more specific policies of the Plan. These policies are addressed for both portions of the proposal below. C. Neighborhood Plan 6 policies relating to the proposed development: Policies 10, 11, 12, 13, 14, 15, 17, 18, 20 and 21 apply specifically to the development. Each is quoted with discussion following. f, Policy 10. Urban medium-density residential areas will be developed with paved streets, curbs and gutters, and walkways, according to city or county standards. All utilities will be placed underground. The proposal will include paved parking and access with curbs, drainage structures and walks as required to meet codes. Utilities will be placed underground on site where the developer has the ability to do so. Policy 11. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development, and (b) designed to meet city or county standards. i One of the public benefitsto be derived from this development will be a more complet ' =. tilization of public utilities and services as a result of the "filling in" of vacant city property. Sewers and water are available without costly extensions and more efficient police and fire protection will result as these voids are closed in. Additional taxes will be generated without the need to expand the area to be served. Poliy12. Planned unit development will be encouraged on tracts large enough to accommodate ten or more dwellings. Planned unit development will permit a degree of flexibi'sity in design that will enable a higher quality of development in accordance with zoning standards. The applicant finds the PD approach desirable from a flexibility stand- point and intends to develop the property under these procedures. Policy 13. Site plans will provide for adequate open space to (a) protect adjacent properties, and (b) provide ample yard space for residents and play space for youngsters. While the project is not oriented for youngsters, outdoor spaces for the use of the tenants will be provided. (See site plan. ) Policy_ 14. High design standards will be established for signing and appearance, including the landscaping of setback areas and the designation of access points. i In the interest of maintaining their reputation as a quality oriented firm, Edwards Industries intends to provide attractive landscaping of all areas not covered by buildings or paving. Sign:: and other details will reflect this thinking and will be further analyzed and developed prior to the Design Review application and procedures. Access will be shared with an adjoining property which is used for dental offices. The present driveway location will not be altered. Additional access points onto Pacific Highway are not desired. Policy 15. Apartments should be located to produce an Optimum living environment for the occupants. Development criteria should include: A. Buffering by means of landscaping, fencing and dis—r,::e from commer- cial areas and major traffic carriers such as Pacifsc Highway. B. On site recreation space as well as pedestrian and bicycle access to parks, schools and convenience shopping. C. The siting of buildings to minimize the visual effects of parking areas and to increase the availability of privacy. As previously mentioned, the details of the development are sketchy at the present time, however, the developer is sensitive to the needs of the users and amenities will be provided. Privacy is a key element in the location of the residential structure. Units will have the rear oriented toward what is envisioned as a common area supplement to the existing care facility's common area, and the visual effects of parking and access areas will be dealt with during the detailed design of the site. Policy 17. Avoid locating apartments where access can be gained only from local residential streets. s Access to the proposed residential units will occur via existing roadways in the adjacent apartment development. Traffic will be slight. No local single family streets will be utilized. Policy 18. The Design Review Board will solicit the opinion of the Neighborhood Planning Organization before approving development plans for apartments in this neighborhood. The proposed project will be subject to Design Review. Policy 20. Pacific Highway is developing as a strip commercial highway. The traffic-carrying capacity of this highway should have the highest priority and adjacent commercial development should be subordinated to this need. As already outlined, the project will share its access with an adjoining owner and will not add additional access points onto Pacific Highway. Policy 21. In the interest of safety and efficiency, the number of highway access points must be kept to a minimum. Wherever possible, businesses on Pacific Highway should be clustered and share common parking facilities and driveways. As new development occurs, the number of access points should not exceed the number necessary for property on-site traffic circulation and, where possible, should be combined with access to adjacent businesses. See the response to Policy 20. III. COMMUNITY NEED/PUBLIC BENEFIT DERIVED. A. See IIA. B. A market study was undertaken to gain some insights into the need for the development in October, 1980. The results of the survey showed that six nearby multiple family developments of varying amenities were all full. The low vacancies point to a definite need for additional units. A healthy market condition is generally characterized by 3% to 4% vacancy rates. Otherwise, a constrained market puts undue burden on renters, as the demand exceeds the supply. The six projects surveyed were The Maple Tree, Canterbury Heights, Panorama West, Canterbury Terrace, Westwind Apartments, and Driftwood Terrace. These projects contain a total of 344 units with a range of from 850 to 1,100 square feet. The market study included a survey of 4 office condominium projects in the northwest. Two are located in Beaverton, one in Bellevue, Washington and one in Redmond, Washington. Beaverton Commons was just recently completed and no sales have been recorded. Suburban West Office Condominium is still under construction and there have been no recorded pre-sales. In the Bellevue--Redmond area the Koll Company's "Limited Edition" has sold 14 of 18 buildings ranging from 4,500 to 17,500 square feet in just 9 months. The Rockwood Park project in Bellevue is 71% constructed aad the project is sold out just 18 months after construction. While the Bellevue comparisons are remotes the concept of office condominiums is new, and existing projects are scarce. Based on the recoru�; of the other projects, however, it appears that the idea will be successful, and the demand should increase as inflation and the desirability of ownership continue. C. In general, the public benefit derived from the project will be the conversion of underutilized vacant land to productive, upgraded, and attractive uses. IV. CHANGES IN EXISTING CONDITIONS THAT WOULD JUSTIFY THE ACTION The change in existing conditions that most directly affects the property and justifies the action is the fact that the conditions of the market and free enterprise system are such that an investor has found a viable piece of property to put to a better, more attractive and productive use. Prior to this time, the conditions necessary to achieve that end did not exist. i V. SUITABILITY OF LOCATION This location is perfectly suited for the construction of housing for the elderly due to the location of the convalescent center immediately north of the property. Additionally, since the site is presently zoned for multi- family use, the proposed change to a higher density does not conflict with the intent of the Plan, and further enchances the site as a viable location for this type of development. Because of these conditions and the suitability of the site, a detailed study of alternative sites was not undertaken. VI. SURROUNDING IMPACTS A. Traffic: Some additional traffic will occur from both portions of the development. The residential part will add very few trips, possibly only 40 per day to existing streets. The office condominiums will generate approximately 430 ADT.L. Because of the configuration of Pacific Highway, right turn movements will be the only kinds of movements to take place into or out of the property. This is the safest possible arrangement without going to signals. B. Noise, Air Quality: The increase in noise and air quality will take place at a level that has been anticipated and planned for under the Comprehensive Planning program of the city. The uses have been designated by the City after. conscious consideration of the effects of those uses based on local, regional and state standards. C. Aesthetics: The property will look better after development than it presently does. This is a positive impact that should be considered when deciding on the application. New improvements and landscaping will enhance the appearance of the entire neighborhood as well as the property itself. VII. PUBLIC SERVICES As already described in IIC, Policy 11, the development will make more efficient use of existirr, services at the same same it provides additional taxes to support those services. Note! PLEASE REFER TO ATTACHED DRAWING (SITE PLAN) FOR ADDITIONAL INFORMATION - PARKING VARIANCE, SITE LAYOUT, RELATIONSHIP TO SURROUNDING USES AND CONCEPT PLAN DISCLAIMER. I. Source; Trip Generation, Institute of Transportation Engineers. 2nd Ed. 1979 JAMES L. CAIN, D,M.D., P.C. 1490d, 5 W. PACIFIC HWY. March 3, 1981 To: The Tigard Planning Commission From: James L. Cain, owner of the property at 14300 S.W. Pacific Rwy.Tiax Lot 504 We wish to state that as owners of one of the adjoining properties that will abut the proposed Edwards project at 14240 S.W. Pacific hwy., we are in favor' of the development of this lAnd for this purpose by the Edwards CO. and in- tend to cooperate with then in mutual harmony ass neighbors. We feel that this use of the: property will improve the present site and enhance the appear- ance and usssa.ge for all members of the community. However, we wish the Planning Commission to be aware that there is stili one serious consideration that w:.b! need to be satisfied between us and the Ed wards Co. as tc the exacs. parking requirements all. buildingsbuilt and to be built on the Edwards and Cain, prop rtitis- 'ne 1976 applications and accow- panying narratives from the original XUP .5-76 from Edwards/Cain and the original CO 20 76 from Cain, are on file at the City gall, and we have copies of those. The recorded easement between the two landowners is recorded -with Washington County (see index 78 16760). We wish to make it clear that we accept the concept of the usage and support Edwards Co. in the application for conditional use of the lend, We are meeting to 'satisfy the original 1976 agreement between the two parties and both parties have pledged to cooperate. Firstly, we wish to go on records as fully supporting the Comprehensive Plan ,Revision Planned Development application from Edwards Co. 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