Planning Board Minutes - April 12, 2011MINUTES OF REGULAR MEETING
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and
ROCK CALL
.Zoning Commission was called to order at 7: 00 p.m. Board
members present were: John Hinchey, Chad Graham, C.M. (Butch)
Clary, Richard Griffin, Phillip Guiffrida and Troy Mendius. Bryan
Schutt was absent. Torn Jentz and P.J. Sorensen represented the
Kalispell Planning Department. There were approximately 25
people in the audience.
.APPROVAL OF MINUTES
Clam moved and Graham seconded a motion to approve the
minutes of the January 11, 2011 meeting of the Kalispell City
Planning Board and Zoning Commission.
ROLL CALL
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
No one wished to spear.
ANNEXATION — TOLD &
A request from Todd and Theresa Cardin to annex a 0.26 acres lot
THERESA CA IN
and zone the land R-2 Residential upon annexation. The lot is
located on the west side of South Woodland. Drive at the
intersection of South Woodland Drive and the southern lane of
Quincy Loop.
STAFF REPORTS -11-01
Tom Jentz representing the Kalispell Planning Department reviewed
staff report KA-11--01.
Jentz reviewed the vicinity reap and an aerial view of the property
for the board. Jentz said this property abuts a city street, South
Woodland Drive, and the site has access to city services. The growth
policy indicates that the entire area is designated urban residential
which anticipates residential development. Staff has not received any
comments in favor or in opposition of the annexation.
Staff recommends that the .Kalispell City Planning Board and
Zoning Commission adopt staff report KA--11-01 as findings of fact
and recommend to the Kalispell City Council that the property be
annexed and the initial zoning for this property upon annexation be
R-2, Residential,
BOARD QUESTIONS
Graham said according to the Cost of Services Analysis the city
would lose $711 when this project is annexed. Jentz said staff is
required to prepare the analysis which estimates the cost to provide
all municipal services to a single lot v. the taxes and assessments that
they would pay when annexed which for residential almost always
ends up a negative amount. Jentz added the city almost totally
surrounds this property so there are already city services that are
provided to this property but the county residents are not currently
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Minutes of the meeting of April 12, 2011
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paying for such as police, and the use of city parks and streets.
Graham noted a typo on the cost of services analysis which will be
corrected before being forwarded to city council.
Graham asked the value of a home that would break even and Jentz
said about $400,000. Jentz added commercial and industrial
properties typically pay the lion's share of taxes in any city.
Guiffrida asked under total taxable value wouldn't that value be split
3 ways, county, city and education and shouldn't there be some sort
of income. Jentz said the analysis is the income to the city only.
Guiffrida asked who owns the lots to the west of the property and
Jentz said these lots are all owned by the applicant.
Clark noted the board and city council has always supported infill
and Jentz agreed.
APPLICANT/TECHNICAL
None.
SUPPORT
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Clark moved and Griffin seconded a motion to adopt staff report
IA--11-01 as findings of fact and recommend to the Kalispell City
Council that the property be annexed and the initial zoning for this
property upon annexation be R -2, Residential.
BOARDDISCUSSION
Guiffrida asked why the city isn't annexing all of these lots and
Jentz explained the city council has directed staff not to forcibly
annex properties and only consider annexation in this area when
requested by the property owner. Guiffrida said if this area
continues to develop there would then be a small island of county
property that is not annexed which could create an issue with
emergency response or the lots could become livestock related,
such as a pig farm which could become an issue in the future.
Jentz noted these lots are currently zoned county R-2 which is also
a residential zone and there is a functioning access road which is
maintained. when this area develops in the future these lots will
probably come into the city due to the small lot size that will
require city services.
ROLL CALL
The motion passed unanimously by a roll call vote.
CONDITIONAL USE PERMIT
A request by Doreen Hayek for a conditional use permit to operate
-- ADULT CARE HOME
a four -person adult care home within an existing single family
residence. The house is located at 75 Buffalo Hill Drive and the
property is zoned R.-3 Residential.
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STAFF REPORTS ICCI1-1 1-Ol Tom Jentz representing the Kalispell Planning Department reviewed
staff report KCU-11-01.
Jentz reviewed a vicinity reap and an aerial view of the property for
the board. Jentz said the applicants are leasing the house and are
proposing to operate an adult care facility which is defined as a
group home under the city's zoning ordinance. Group homes are
permitted by a conditional use and the purpose of the permit is to
provide an opportunity to review the use, place any conditions on the
property that would be appropriate and make a recommendation to
move the permit to city council.
Jentz noted the board has dealt with many group home conditional
use permits and as they know the State of Montana has passed a law
that states group homes such as this proposal that are licensed by the
Montana Department of Health and Human Services, and that meet
their licensing guidelines are considered a residential use and cannot
be denied or be conditioned above what would be placed on any
residence in the community.
Jentz said the City of Kalispell challenged that law in the 1 980's and
district court ruled against the city and the city was fried.
Jentz said no outside modifications other than the possibility of a
handicap ramp is proposed.
The board members have received a copy of a petition from adjacent
property owners who have concerns about turning this neighborhood
into a commercial area.
Jentz reviewed the 2 conditions that all required licensing,
inspections, and approvals be obtained from the State Department of
Health and Human Services; and if any modifications are made to
the residence a city building permit will need to be obtained. Also
commencement of the approved activity must begin within 18
months of city council action.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU -1 l -01 as findings of
fact and recommend to the Kalispell City Council that the
conditional use permit be approved subject to the Z conditions listed
m the staff report.
BOARD QUESTIONS Clark asked if the leasing of the property would change the
protection from. the State and Jentz said the lease agreement would
be from year-to-year and states the provisions for this use. Jentz
added if the property is sold the use stays with the property. Clark
noted the board really doesn't have a choice but to forward a
positive recommendation.
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Griffin asked if the state licensing determines the number of
occupants in this facility and Jentz said yes but he believes under
the licensing they could have up to s residents. However this
applicant is proposing 4 residents and the conditional use permit
will be approved for 4 residents. Griffin asked if they wanted to
increase the number of residents would they have to come back to
the board and Jentz said yes.
APPLICANT/TECHNICAL Norm Hayek, 75 Buffalo hill Drive said they plan to bring elderly
SUPPORT people into this facility and he and his wife will be taking care of
the residents. In addition they will have experienced caregivers
who will be helping them on days they need off. Hayek said he
sees a need for this type of care and people like having the home
aspect rather than living in a nursing home.
Clark asked if this site was chosen because of the close proximity
to the hospital and Hayek said no when they looked at the property
they thought they would lease it and at the same time they decided
the property could also function as an adult foster care home. He
added it will be convenient to have those facilities nearby in case
they need them..
Clark asked if the residents would be mostly indoors and Hayek
explained the residents will probably not be driving but will be
ambulatory in other respects. Hayek doesn't see the home as being
a detriment to the neighborhood and there will not be any signage.
Hinchey asked how many bedrooms in the house and Hayek said
currently 3 but it is a big house and they plan to remodel and create
another bedroom that could be shared by 2 residents. Hinchey
asked if the basement was to code with egress windows and Hayek
said no but they do not plan to put residents downstairs because of
the access issues. Hinchey asked if a resident could live there and
drive and Hayek said there could be a resident who would still have
a vehicle and a driver's license.
Hinchey asked staff if the conditional use permit would trigger any
kind of off-street parking requirements and Jentz said the city can
just require the 2 off-street parking requirements that would be
required for a for a single --family residential use.
+griffin asked if the state licenses the facility or the operator of the
facility and Hayek said both. The state will inspect the facility
making sure they meet all the guidelines and then the caregivers
are controlled and monitored and a yearly inspection is required.
Griffin said if the Hayeks' decide to move what happens to the
license and Hayek said the new potential operators will need to
reapply for the license.
Mendius asked if they have operated an elderly care facility before
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and Hayek said no and he added he has been a general
contractor/developer for 30 years and his wife helped hire run their
business. They have been here for about 3 years and moved here
because of family. Hayek added he has the skills to upgrade the
house for this use.
PITBI,IC HEARING Michael Ober, 54 Buffalo Hill Drive stated he is in opposition to
the conditional use permit (CUP) and urged the board to
recommend denial.
Ober noted the petition that the board received that bears the
signatures of the residents of the S homes who live on the one
block street that ends in a cul-de-sac.
Ober reviewed the following concerns:
The additional traffic in their neighborhood with 2
caregivers, 4 elderly people and 1 care attendant and family
members coming and going.
This will be a commercial enterprise being conducted in
their residential neighborhood.
The area has historically been a residential area and has had
little change over the years and that is the way they hope to
keep it.
Negative impacts on property values.
The proposal is not compatible with the neighborhood.
David Reese, 52 % Buffalo Hill Drive stated he is next door to the
Ober property. Reese said he has only lived there for 5 V2 - 6 years
and indicated his access is the alley in front of his house that is a
single lane that spurs off of Buffalo Drive. This alley also is used to
access the service entrances to the Lutheran Home and the
Salvation Army building.
Reese said he did not sign the petition and he is neither opposed or
in favor of the conditional use permit. Reese said his house is the
last piece of property in the Highland Park subdivision that has an
I I-W I zoning and this use would be a permitted use under his zoning.
Reese said he currently runs a home business out of his house with
1-2 employees and he thinks the proposed group home is
compatible with the neighborhood.
There was some discussion on whether or not Northwest
Healthcare plans to cut Buffalo Hill Drive through to the hospital
and Jentz said not at this time and he described the road
improvements that are planned as part of the expansion of the
hospital.
Reese stated he plans to operate a group home similar to the one
proposed in the future. This is a business and a very profitable
business. He has toured the subject property and the rooms are very
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spacious and open. The access to the Lutheran Horne, Brendon
House and KRMC accent the fact that that home's highest and best
use is as it is proposed in the conditional use permit application.
Reese said he doesn't see traffic as a big deal and doesn't think the
operation of a group home will affect their property values. Reese
said the board's hands are tied and the conditional use permit has to
be approved so the neighbors only recourse if this home fails or if
they have issues with treatment of the clients is through the
Department of Health and Human Services.
Margie Simpson, 55 Buffalo Hill Drive stated their home is 57
years old and her husband has lived in it since it was built and they
plan to stay in this neighborhood. She said this is a very stable
neighborhood and she is concerned with changing their residential
zoning to commercial. She asked what happens to this zoning if
this business ceases or the people who are leasing the business
choose to sell. Can they sell that business to someone else and keep
that conditional use in that location? Does it ever go away? Do they
have to reapply at any time? She has questions about handicap
access and if they would be required to do this type of remodeling
would it decrease the chances of the property ever going back to a
residential home?
Carol Roth, 85 Buffalo Hill Drive stated she and her husband
bought their property about 10 years ago and they bought it
because of the stability of the residential area. It is a quiet street
with S homes and she has concerns about the amount of traffic this
group home will generate. Roth said this is a commercial enterprise
and she thinks if one house is allowed to become a business there is
the potential for losing the other homes to businesses as well. This
use will change the nature of their neighborhood.
Alanna Ober, 54 Buffalo Hill Drive stated the row of homes is only
accessible by Buffalo Hill Drive because they don't have alleys.
Even with only 8 homes the street gets significant use especially
with the traffic to the water treatment facility. Ober said this
request is for four residents but what if they expand to 8 residents.
They are experiencing a lot of pressure with the hospital expansion
which is projected to continue to 2014, significant expansions are
being done at both the Immanuel Lutheran Horne and Buffalo Hill
Terrace; and there is some construction work at the Buffalo Bill
Golf Course. They are fighting to keep their little neighborhood
intact.
Dale Haarr, 80 Buffalo Hill Drive stated he served on the planning
board 20 years ago and this issue came up then. He was also
serving on the city council when the confrontation with the State
occurred. His concerns were as follows:
Buffalo Hill Drive is the only access to these properties
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since there are no alleys and the increased traffic on their
dead --end street will be significant. Also large vehicles such
as ambulances and buses from Eagle Transit will be coming
to and from the group home.
• As a result there will be more vehicles forced to use private
property to turn around.
• Approval of the conditional use permit for a group home
would set a precedent and allow commercial businesses in a
residentially zoned neighborhood.
• Decreasing property values.
• When the zoning was changed in the 90's from RA-3 to R.-
3 he thought that would have secured their residential
designation.
• The number of residents should be limited to 4 and not be
allowed to expand to S in the future.
Haarr noted his wife was not able to sign the petition and Ron and
Margaret Swindle who live at 75 Buffalo Hill Drive are out of the
area. However Haarr said he taped to Mr. & Mrs. Swindle and
they are also opposed. Haarr urged the board to deny the
application.
MOTION Mendius moved and Graham seconded a motion to adopt staff report
KCU-11 wQ 1 as findings of fact and recommend to the Kalispell City
Council that the conditional use permit be approved subject to the 2
conditions listed in the staff report.
BOARD DISCUSSION Clark said the state dictates this to the board and city council and
they have no choice but to approve the conditional use permit.
Clark added he understands the concerns of the neighborhood but
this board could talk about it for 3 days and it won't make a bit of
difference.
Hinchey asked if the handicap bathrooms would be a requirement
for this use and Jentz said the licensing through the state will take
care of those details.
Hinchey noted this has been referred to as a zone change and it is
not a zone change but a conditional use permit. Jentz said it is an
R--3 zone which will remain intact as the state considers this use
permitted in all residential zones.
Griffin said philosophically he has an issue with this because it is
an entity outside of our city that is making detern-unations on what
the city can and cannot do regarding things that are in the best
interest of our local community. Griffin added whether or not the
board agrees with a group home or similar establishment being set
up and put into a neighborhood the board has no way to address it.
Guiffrida said he understands what the neighborhood is going
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through because he has some experience in this area. with the
Montana code it is very specific. The zoning is not changing and
the Montana Code permits this use in all residential zones. with
this type of facility the oversight is in place. The Department of
Health and Human Services governs these types of facilities and
they have a survey process where they go in and inspect there.
There was discussion on the appropriate zone for group homes and
Jentz said group homes are allowed in all residential
neighborhoods. To have four elderly persons in a group home is
probably the most benign type of group home. These people are not
criminals, former drug addicts, or runaway youth.
Graham asked if there is any way to place protections on a
neighborhood to prevent too many of these group homes going in
and Jentz said no. The law and Supreme Court rulings make that
clear.
Mendius added he is not here to represent the Montana Supreme
Court he is here to represent the forum for public input for the City
of Kalispell. He said the board was subjected to this exact scenario
some months ago with the sober house on the west side of Kalispell
and were told they only had one choice. Mendius added however,
in that case the board unanimously voted against the conditional
use permit despite that.
Hinchey added this board hears the concerns of the neighborhood
and noted the board is advisory to the city council and they will
make a recommendation but the ultimate decision does lie with the
Kalispell City Council and he encouraged them to attend the
council meeting when this permit is scheduled.
ROLL CALL. The motion passed on a roll call vote of 5 in favor and I opposed.
CONDITIONAL USE PERMIT A request by Samaritan House, Inc. for a conditional use permit to
-- SAMARITAN HOUSE allow the kitchen and cafeteria at the former US Array Reserve
Center to serve meals to the residents of the Samaritan House
homeless shelter. The Array Reserve Center is located at 1110
Second Street west at the northeast corner of the intersection of
South Meridian Road and Second Street west.
STAFF REPOTS CU-II--02 Torn Jentz, presenting the Kalispell Planning Department reviewed
staff report KCU--I I --02 for the board.
Jentz reviewed the vicinity reap and an aerial view of the proposed
conditional use permit.
Jentz stated the applicants, the Samaritan House, are requesting a
conditional use permit in the P- I (Public) zone to operate a cafeteria
and offer meals to residents of the Samaritan House only. The meals
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will be served at specific tinges and they expect 15-20 people for
breakfast and lunch and upwards of 40 people for dinner. This would
be an extension of the nlission/mM* istry for Samaritan House.
Jentz noted approximately one year ago the board reviewed and
council approved a conditional use permit to expand tutoring and
educational services in this facility. These services were provided
through School District 5 but that use is no longer operating at this
location. However, the Samaritan House would like to again
provide those types of tutoring programs for children who live at the
Samaritan House, students from Petersen School, and also provide a
GED assistance program for adults. Staff' feels that to provide these
programs again would already be covered under the conditional use
permit that was granted last year so it is not part of this request.
Jentz noted there is a commercial grade kitchen and meal halls
currently in the facility so there would be no significant remodeling
or modifications of the building. The residents of Samaritan House
will mostly walk to the site primarily down First Street then through
the alley.
Jentz said Samaritan House had an open house in early March and
invited people from Petersen School, District 5 and the
neighborhood and they shared their proposal with the community.
The board packets included a letter from Darlene Schottle, District
5's Superintendent; Sherry Stevens, Executive Director of United
Way; Don & Sharon Read; Cal Scott, Director of ETHIC; and
Warren & Jennifer Drew, Ministries to Mexico who were all in
support of the proposal. Jentz added the only concern voiced was
the possible use of this building for the Samaritan House's overnight
accommodations. Jentz clarified the Samaritan House is no longer
considering expanding their overnight accommodations to this
facility and by moving the kitchen facilities to the arnnory it has
enabled them to add additional beds at their current facility on 9th
Avenue west.
Jentz said he did not receive any correspondence in opposition but
he did receive a phone call from. Devereux Stutsman, a resident east
of this property across the alley who had concerns about additional
traffic in the alley.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report ICU --I l -02 as findings of
fact and recommend to the Kalispell City Council that the
conditional use permit be approved subject to the 4 conditions listed
in the staff report.
BOARD QUESTIONS I Hinchey asked how does the city control their hours of operation
for meals and Jentz said the Samaritan House runs a regimented
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program however there could be some slight flexibility in the
hours. Any dramatic hour changes or extending the services to the
public that would be reported to staff would require a full review
before the planning board.
Guiffrida asked about the fire safety codes with the cafeteria and a
commercial grade kitchen and if there are any licensing
requirements from the Department of Health and Human Services.
Jentz said they will be licensed and they are aware that they have to
maintain certain standards. In addition their meal service will be
monitored by the county's environmental health department and
inspections will be performed.
APPLICANT/TECHNICAL Chris Krager, Director of the Samaritan House, 124 91Avenue
SUPPORT West stated Samaritan House was deeded this property in 2008
with restrictions that it serve the homeless so programs that are
offered are directed for homeless people and their intent is to serve
their clients as they are the only homeless shelter in town.
Samaritan House is full all the time because the homeless situation
is bigger than they are. Their staffing is stable and their meal times
are upheld. They comply with the building and fire codes and the
Flathead County Health Department has reviewed the facility and
is happy with the results. They also have a good relationship with
Petersen School and they are in the process of seeking a tobacco
free designation for the facility.
Krager noted their clients are screened very heavily with no
alcohol, drugs, sex or violent crime offenders. They have a state-
of-the-art breathalyzer and it is very pervasive, well-known rule
that if there is any drug or alcohol use going on it won't happen at
the Samaritan House.
Hinchey asked the full capacity of Samaritan House and Krager
said the shelter is about 40-45; the transitional housing is 20; and
then they have 31 studio or one -bedroom low --income rental
apartments and every unit is typically full. Hinchey asked how
long is the average stay and Krager said 30 days in the shelter; up
to 2 years in transitional housing; and with the rentals they can stay
as long as the pay their rent.
Clark asked how many people do they plan to feed and gager
responded. dark asked if gager anticipates increasing these
numbers and he said not at this time. The meal numbers presented
were based on the number of beds they have at their current
facility. Krager noted when this property was acquired they were
then able to add I beds to the shelter and now with moving the
kitchen facilities they may be able to add some additional beds to
the old facility but they don't currently know how many.
Clark asked what they plan for the rest of the Armory facility and
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Krager said currently they have offices and a meeting room; a
tutoring office to tutor the kids that they share in common with
school district.
Jeff Carlson, 11.E Sandhill Court stated he is a board member of the
Samaritan House. Carlson said they had considered putting beds in
the armory building and they made an adjustment to that plan as
they understood the concerns of the school. At the same time
recognizing the huge needs of the homeless in this area to try to
find another shelter in another area of town would be quite a battle.
Carlson noted this use will create very little traffic and using the
alley to access the facility from the shelter will be low impact.
There have been discussions on alternate ways to make the traffic
flow on the property in a safe manner and they are open to any
suggestions the board may have.
PUBLIC EA. Carol Free, 2196 Mission Trail stated she and her husband own
adjoining property -- the townhouses nearby — and they are in
support of the proposal by the Samaritan House and making use of
the old Army Reserve center to feed the people at the shelter.
John Free, 2 196 Mission Trail stated he is co --owner of the
neighboring properties that his wife mentioned. Chris Krager and
his staff have been very cooperative and have answered all of their
questions. They have asked for a few changes regarding their
fencing and if they have any issues the Samaritan House has made
adjustments. They support the conditional use permit as presented
before the board.
Devereux Stutsman, 134 1 oth Avenue west stated he is basically
right behind the alley that they are proposing for additional traffic.
Stutsman said he believes in what the Samaritan House is doing
and he has no issues with having a kitchen and feeding the
homeless but he does have an issue with additional pedestrian and
vehicle traffic in the alleyway by using 1 sf Street west to access the
gates. He doesn't see what the difference is between using l't or 2nd
Street to access the facility.
MOTION Clark moved and Guiffrida seconded a motion to adopt staff report
KCU--11-02 as findings of fact and recommend to the Kalispell City
Council that the conditional use permit be approved subject to the 4
conditions listed in the staff report.
BOARD DISCUSSION Clark said it is an admirable program and he supports it. Hinchey
agreed.
Guiffrida said he visited the property and looked at the cafeteria
and the kitchen and he added it looks really nice. In regards to
getting the people to the facility he looked at the streets and alleys
and from a safety standpoint he thinks the I" Street route is the
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most optimal. The reason is, he continued, the sidewalk along 2n
Street is on the south side of the street and there are no connecting
sidewalks along the north. Therefore if there were 40 people
walking to this facility they would have to cross 2nd Street twice to
get to this facility and twice to get back to the shelter. Guiffrida
said it is a great project.
Hinchey said he is a bit concerned with the traffic in the alley and
he would hope that this could be monitored and if there are
problems maybe the route could be reconsidered.
Clark said he and Hinchey looked at the site also and he travels 2nd
Street west a lot and it does carry a tremendous amount of traffic
however that is limited to the day time. In the evening there is not
much traffic on 2nd Street and that is when the majority of people
will be walking or driving to this facility for dinner.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
None.
NEW BUSINESS:
None.
ADJOURNMENT
The meeting adjourned at approximately 8 : 5 0 p.m.
WORK SESSION
Immediately following the regular meeting of the Kalispell City
Planning Board and Zoning Commission a work session was held
on the following:
1. Update of the Kalispell City Subdivision Regulations.
NEXT MEETING
The next work session of the Kalispell City Planning Board and
Zoning Commission will be held on May 10, 2011 at 7:00 p.m. in.
the Kalispell City Council Chambers at 201 1" Avenue East,
Kalispell.
The next regular meeting of the Kalispell City Planning Board
and ,honing Commission will is scheduled for June 14, 2011 at 7:00
p.m,. in the Kalispell City Council Chambers at 201 I st Avenue
East, Kalispell.
John I-Iir chey
Michelle Anderson
President
Recording Secretary
APPROVED as submitted/corrected: 1 I11
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