HomeMy WebLinkAbout2008-011ORDINANCE 2008-011
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND
DEVELOPMENT REGULATIONS (LDRs); PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS
TO CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM, BY AMENDING SECTION 910.01(3)
TO UPDATE THE INTENT OF THE CONCURRENCY REGULATIONS; BY AMENDING SECTION
910.07(3),(4) AND(5) 'DEVELOPMENT REVIEW SYSTEM", TO UPDATE FOR SCHOOL
CONCURRENCY; BY AMENDING SECTION 910.09 "DETERMINATION OF CONCURRENCY,
COMPONENTS", TO UPDATE FOR SCHOOL CONCURRENCY; BY AMENDING SECTION 910.10
'LEVEL OF SERVICE STANDARDS ESTABLISHED IN THE COMPREHENSIVE PLAN", TO UPDATE
FOR SCHOOL CONCURRENCY; BY AMENDING SECTION 910.11, "DETERMINATION OF
CONCURRENCY, SPECIFICALLY" TO UPDATE FOR SCHOOL CONCURRENCY; BY AMENDING
SECTION 910.12, PROPORTIONATE FAIR -SHARE MITIGATION, TO UPDATE FOR SCHOOL
CONCURRENCY; BY AMENDING SECTION 910.13, PROPORTIONATE FAIR -SHARE MITIGATION
FOR PUBLIC SCHOOL FACILITY, TO UPDATE FOR SCHOOL CONCURRENCY; BY AMENDING
SECTION 910.14, APPEAL PROCESS AND VESTED RIGHTS DETERMINATION, TO UPDATE FOR
SCHOOL CONCURRENCY BY AMENDING SECTION 910.15, ASSIGNABILITY AND
TRANSFERABILITY, TO UPDATE FOR SCHOOL CONCURRENCY; BY AMENDING SECTION
910.09(4) ' TRANSPORTATION MONITORING' , TO UPDATE AREA OF INFLUENCE BY PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE
DATE
SECTION #1:
Amend "Title, Background, and Intent" Sub -Sections 910.01(3), to read as follows:
(3) Intent. The purpose of a concurrency management system is to provide the necessary regulatory
mechanism for evaluating development orders to ensure that adequate public facilities are available concurrent
with development impacts, thereby fulfilling the Legislature's intent regarding ' concurrency ' An additional
component of a concurrency management system is the establishment of a framework for determining public
facility needs and providing a basis for meeting those needs through capital improvements programming.
Through adoption of the Indian River County Comprehensive Plan, the board of county commissioners
exercised its legislative authority by establishing acceptable level of service standards for roads, potable water,
sanitary sewer, solid waste, drainage, and -parks, and public school facilities.
The capital improvements program in the capital improvements element of the comprehensive plan
identifies the schedule of capital projects and funding mechanisms necessary to maintain adequate public
facilities at or above the adopted standards. Additional policies and requirements for establishing an effective
framework for managing and directing development in a manner consistent with the Florida Legislature's
concept of concurrency are contained in the land use, traffic circulation, ate—recreation and open spaces
cicments and the public school facilities elements of the comprehensive plan.
The approval of all development orders shall be subject to the availability of adequate levels of service
for roads, potable water, sanitary sewer, solid waste drainage, aid -parks, and public school facilities based on
the level of service standards contained in the capital improvements element.
The primary intent of these regulations is to provide Indian River County with the tools to meet the
statutory requirements. The implementation of tThis concurrency management system will serve as the
principal mechanism for ensuring that growth is managed in a manner consistent with the provisions of the
comprehensive plan and will serve as a key monitoring device for measuring the effectiveness of the
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comprehensive plan and the programming of capital improvements, including public school facilities.
(Ord. No. 90-16, § 1, 9-11-90)
SECTION #2:
Amend "Development review system" LDR Sub -Section 910.07(3), (4), and (5), to read as follows:
(3) The designation of a single agency for coordinating each level of the concurrency review process
is necessary to ensure that every concurrency application is reviewed in accordance with these regulations prior
to the issuance of a development order. The community development department shall be the coordinating
agency for the concurrency review process and shall be responsible for coordinating the review of the
development applications identified in section 910.07(1) and for approving or rejecting concurrency
determinations. The community development director shall initiate the review process by review of an
application for completeness and data sufficiency within three (3) days of receipt of the application. A copy of
the complete application will then be forwarded to the evaluating departments and the school district
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Upon submission, each concurrency application will be placed in a queue Each application will then be
evaluated in the order in which it was received. As each application is evaluated, the demand reflected by that
application will be compared to the available capacity for each facility, as described in sections 910.08, 910.09
and 910.11. As demand is allocated by approving applications, available capacity will be reduced.
If any facility has insufficient capacity to accommodate a proposed application, the following will occur:
(a) If the applicant has indicated on his concurrency application that he would accept less capacity
than requested if available capacity is inadequate to accommodate his demand, then he will be
allocated the remaining available capacity, and the concurrency certificate will be conditioned on
a comparable reduction in project size.
(b) If the applicant has indicated on his concurrency application that he would not accept less
capacity than requested if available capacity is inadequate to accommodate his demand, then his
application request will be denied.
An applicant may have the option to apply for proportionate fair -share mitigation for
transportation facilities or public school facilities. Regulations for proportionate fair -share
mitigation for transportation facilities are provided in section 910.12, below. Regulations for
proportionate fair -share mitigation for public school facilities are provided in section 910.13,
below.
(4) The following departments and school district shall be responsible for evaluating the adequacy
of existing and planned facilities with regard to concurrency applications:
(a) The utilities department shall evaluate solid waste levels of service;
(b) The public works department shall evaluate roadway levels of service;
(c) The public works department shall evaluate drainage levels of service;
(d) The utilities department shall evaluate potable water levels of service;
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(e) The utilities department shall evaluate sanitary sewer levels of service; and
(f) The community development department shall evaluate park levels of service.
(g) The school district shall evaluate public school facilities levels of service.
(5) The evaluating departments and school districts agencies, within fifteen (15) working days of
receipt of the application from the community development department, shall provide the coordinating agency a
letter or other instrument for each concurrency application. The evaluating agencies shall assess the level of
service for all facilities which will be impacted by the proposed development, determine the extent of the
impact generated by the proposed development, and determine whether those facilities have sufficient capacity
to serve the development at, or above, adopted levels of service.
The applicant shall meet all the requirements of the evaluating agencies in order to be eligible for
approval of the concurrency application. No concurrency certificate will be approved until each evaluating
department and the school district are agency 15 satisfied that sufficient capacity is available to accommodate
the demand represented by the application. The applicant, through an enforceable development agreement or
proportionate fair -share mitigation agreement with the evaluating department's board or school district,
agency may mitigate deficiencies in order to satisfy the concurrency review.
(6) The coordinating agency will be responsible for issuing a concurrency certificate or letter of
denial compiling the level of service reviews into a concurrency report within five working (5) days after
receipt of the last evaluating agencies' report for each agency concurrency review_
Lection 910.08(2), except for final concurrency applications. Final concurrency certificates shall be issued at
the time of building permit issuance. Each concurrency tepert certificate will document include:
(a) The - •
.. . • ;• : - • _ ,• ; • ; , - - proposed use; and quantity of
development covered by the concurrency certificate, and public facility availability upon
•
(b) The expiration date of the concurrency certificate
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(c) The extent of the impact on those facilities by the proposed development; and
(d) Conditions or stipulations regarding the timing and phasing of the development or provision of
(7) For each concurrency application review, the coordinating agency will be responsible for
monitoring and enforcing any conditions and/or stipulations contained in previous concurrency determinations.
This will be done in order to ensure that consistent concurrency review procedures are maintained and that
unnecessary duplication as a result of different concurrency reviews is avoided.
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-23, § 4, 5-15-91; Ord. No 91-48, § 8, 12-4-91, Ord. No. 92-39 § 6,
9-29-92; Ord. No. 96-6, § 10, 2-27-96; Ord No. 2002-025, § 2, 8-6-02 Ord. No. 2007-001, § II(1), (2), 1-23-
07, eff. 3-1-07; Ord. No. 2008-002, § 1, 1-8-08)
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SECTION #3:
Amend the First Paragraph of the "Determination of concurrency, components" LDR Section 910.09, to
read as follows:
Concurrency management consists of f/3) seven (7) separate components. In order for a concurrency
determination application to be approved and a certificate of concurrency determination to be issued, the
concurrency review for the subject application must indicate that there is sufficient available capacity in the
system for each component of the concurrency management system to maintain the level of service established
in the comprehensive plan. The 4,463 seven (7) components of the concurrency management system are traffic
circulation potable water, sanitary sewer, solid waste, drainage, and-pack—and recreation, and public school
facilities. If the review of an individual concurrency determination application indicates that the increased
demand attributable to the application would decrease the level of service to an unacceptable level for any
component, the concurrency determination certificate will not be issued. The concurrency management system
will consist of a data base which will have updated information regarding supply and demand for each facility
within each component of the system.
SECTION #4:
Amend "Determination of concurrency, components" LDR Sub -Section 910.09(6), including sub -section
re -numbering, to read as follows:
(6) Public School Facilities.
(a) Public school facilities supply (capacity).
Public school facilities supply (capacity) shall be determined for each public school facility
(elementary schools, middle schools, high schools), not including charter schools or magnet
schools. The supply (capacity) for each school shall be its FISH (Florida Inventory of
School Housing) Capacity, including the FISH Capacity of programmed construction in
the first three (3) years of the School District Five -Year Facilities Work Program.
Capacity shall be calculated for each school service area and shall include capacity -
producing mitigation guaranteed through any proportionate share mitigation agreements
approved in accordance with section 14.8 of the adopted "Interlocal Agreement for
Coordinated Planning and School Concurrency" and the Public School Facilities Element
of the comprehensive plan.
The determination of public school facilities capacity shall be made by the school district.
(b) Public School Facilities demand.
Public school facilities demand shall be calculated for residential development only, with
the following exemptions for certain residential development:
1. All legal, single family lots of record on July 1, 2008.
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2. Any residential development that received a final site plan or land development
permit approval prior to July 1, 2008, where that approval has not expired and the
approval remains valid.
3. Any amendment to any previously approved residential development which does
not increase the number of dwelling units or change the type of dwelling units (e.g.
single-family or multi -family) so as to increase the number of students generated by
the project.
4. Any Age restricted community with no permanent residents under the age of
eighteen (18). Exemption of an age restricted community will be subject to a
restrictive covenant limiting the age of permanent residents to 18 years and older.
Said covenant shall be in a form acceptable to the applicable county attorney's office
and shall be recorded in the public records prior to site plan release or issuance of a
land development permit or land development permit waiver.
Upon request by a developer submitting a land development (development order)
application with a residential component, the school district shall issue a determination as
to whether or not the development, lot or unit is exempt from the requirements of school
concurrency. Residential development that fits into one of the four categories referenced in
this section shall be exempt from public school facilities concurrency review.
The system demand shall be calculated for each public school facility (elementary schools,
middle schools, high schools), not including charter schools or magnet schools, and shall
consist of student enrollment as counted for the fall FTE (full time equivalent), students
projected to be generated from residential development vested for school concurrency
under these school concurrency regulations, and students projected to be generated from
approved residential development that falls within exemption categories 1 and 2 above and
for which a building permit has been issued.
Project demand shall be calculated based on the student generation rates contained in the
adopted "Interlocal Agreement for Coordinated Planning and School Concurrency" and
the Public School Facilities Element of the comprehensive plan.
The determination of public school facility demand shall be made by the school district.
(c) Public school facilities available capacity.
Available public school facilities capacity shall be derived by using the following formula:
Available School Capacity = School Capacity' — (Enrollment2 + Vested3)
Where
'School Capacity = FISH Capacity, including the FISH Capacity of schools
programmed for construction in the first three (3) years of the School District Five -
Year Facilities Work Program.
2Enrollment = Student enrollment as counted at the fall FTE.
3Vested = Students projected to be generated from residential developments
approved after the implementation of school concurrency where all school impact
fees have been paid, plus students projected to be generated from residential
building permits issued since implementation of school concurrency for lots that
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existed prior to implementation of school concurrency where either (1) no certificate
of occupancy has been issued or (2) a certificate of occupancy has been issued since
the last fall FTE.
1. At the fall FTE, the vested number of students will be reduced by the number of
students represented by the vested residential units that received certificates of
occupancy within the previous twelve (12) month period.
2. If a proposed residential development causes the adopted level of service to be
exceeded in the school service area in which the proposed residential development is
located, the available capacity in the adjacent school service area(s) shall be used.
3. The determination of available capacity shall be made by the school district. That
determination shall be stated in a School Capacity Availability Determination Letter
(SCADL), as required in the adopted "Interlocal Agreement for Coordinated
Planning and School Concurrency". Each SCADL shall state the total number and
type of residential units for which school capacity is available and shall be sent to
the coordinating agency (community development) and the applicant.
(d) Public school facilities concurrency test.
The test for public school facilities concurrency shall be a comparison of project demand
and available capacity. A project shall be deemed to meet public school facilities
concurrency if available capacity exceeds project demand.
(e) Public school facilities monitoring.
In accordance with the adopted "Interlocal Agreement of Coordinated Planning and
School Concurrency", the school district shall maintain a database by school service area
for existing and programmed school facilities, capacities committed through proportionate
share mitigation agreements, FISH capacities, student enrollment, vested students by
development project together with the duration of time vested, certificates of occupancy
issued for vested residential units by project (subdivision), and available capacity.
Data requirements.
(a) Applicant submissions.
1. All applications for conceptual or initial concurrency determination shall be
submitted on a form provided by the community development department and
shall include sufficient information for the staff to determine whether the impact
of such development is consistent with these concurrency evaluation criteria.
Such information shall include, but not be limited to:
a. Identification of the total number and type of dwelling units for residential
development applications;
b. Identification of type and intensity of nonresidential use, where
appropriate, at a level of detail consistent with the type of development
application;
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c. Location of the proposed development and identification of facilities
impacted by development pursuant to the provisions of section 910.11 of
these regulations;
d. Identification of project phasing, where applicable;
e. Traffic impact analysis, or traffic impact statement if required;
f. Copy of proposed or executed developer's agreement to provide additional
capacity for a facility, if applicable;
g. Statement from applicant indicating whether a concurrency certificate will
be accepted for less density or intensity than requested, if insufficient
capacity is available; and
h. Other documents and information as required by the evaluating or
coordinating agencies.
2. All applications for final concurrency determination shall be submitted on a form
provided by the community development department and shall include a copy of a
valid initial concurrency determination certificate. Final concurrency
determination applications for single-family residential units shall not be required
to submit evidence of a valid initial concurrency certificate. Pursuant to section
910.08(1) if all conditions pertaining to the approval of the initial concurrency
determination certificate remain the same, issuance of a final concurrency
determination will be automatic.
(b) Concurrency data base.
1. The county shall develop and maintain an inventory of existing land uses and
projected land uses, based upon concurrency determination certificate approvals,
in order to monitor the impact of concurrency determination certificate approvals
on the availability of public facilities. These data will be updated regularly and
will be designed to provide incremental data pertaining to existing, approved, and
planned development. The concurrency data base will provide the following
information:
a. Existing supply for each facility or service;
b. Committed supply for each facility or service;
Existing demand by facility or service;
Committed demand by facility or service;
e. Duration of time for which a capacity is committed; and
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ORDINANCE 2008-011
When a project receives a certificate of occupancy, the committed demand will
change to existing demand.
2. The planning division will be responsible for developing the county's concurrency
data base. The concurrency data base shall be designed to function as a
component of a unified data base designed to provide support to appropriate
county departments engaged in concurrency determination and permit review and
monitoring, and in the planning and/or provision of public facilities.
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 97-21, § 3(A) --(E), 7-15-97; Ord. No. 2006-011, § 2, 4-11-06; Ord. No.
2007-001, § II(4), 1-23-07, eff. 3-1-07)
SECTION #5:
Amend "Level of service standards established in the comprehensive plan" LDR Section 910.10, to add
section 910.10(7) to read as follows:
(7) Public School Facilities
The county hereby adopts the LOS (level of service) standard for public school facilities at
100% of permanent FISH (Florida Inventory of School Houses) Capacity. This LOS
standard is consistent with Public School Facilities Element Policy 1.1 and section 13 of the
adopted "Interlocal Agreement for Coordinated Planning and School Concurrency".
(Ord. No. 90-16, § 1, 9-11-90)
SECTION #6:
Amend "Determination of concurrency, specifically" LDR Section 910.11, to add section 910.11(7) to
read as follows:
(7) Public School Facilities
(a) Concurrency determinations relating to public school facilities shall pertain to those
certain residential developments defined in section 910.09(6)(b) of this ordinance.
(b) Concurrency determinations relating to public school facilities shall be analyzed by
the school district in accordance with section 14 of the adopted "Interlocal
Agreement for Coordinated Planning and School Concurrency", as may be
amended from time to time.
SECTION #7:
Amend the title of LDR Section 910.12, to read as follows:
Sec. 910.12. Proportionate fair -share mitigation for transportation facilities.
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(1) Purpose and intent. The purpose of this section is to establish a method whereby the impacts of
development on transportation facilities can be mitigated by the cooperative efforts of the public and private
sectors to be known as the Proportionate Fair -Share Program, as required by and in a manner consistent with
F.S. § 163.3180(16).
SECTION #8:
Create a new section 910.13 "Proportionate fair -share mitigation for public school facilities"
910.13 Proportionate fair -share mitigation for public school facilities
The proportionate fair -share mitigation provisions for public school facilities shall apply to any
residential development project subject to school concurrency located in Indian River County where the
school district has determined that there is insufficient public school facilities capacity to satisfy the
development's public school facilities concurrency requirements. The school district shall process for
consideration all requests for proportionate fair -share mitigation for public school facilities and shall
administer resulting mitigation agreements in accordance with section 14.8 of the adopted "Interlocal
Agreement for Coordinated Planning and School Concurrency" and the Public School Facilities Element
of the comprehensive plan.
SECTION #9:
Amend the citation number of section 910.13 to read as follows:
Section 910.13 910.14 Appeal process and vested rights determination.
SECTION #10:
Amend the citation number of section 910.14 to read as follows:
Section 910.14 910.15 Assignability and transferability.
SECTION #11:
Amend "Transportation monitoring" LDR Section 910.09(4)(d), to read as follows:
(d) Transportation monitoring. The purpose of the monitoring program is to maintain a current estimate of
available capacity on each segment. The public works department and the community development
department will compile and maintain capacity information for each segment. This information, as a
minimum, must include the existing level of service for each segment, the existing peak hour, peak
season, peak direction traffic volume on each segment, the committed capacity for each segment the
existing available capacity for each segment, available rights-of-way, and improvements designated in
the five (5) year capital improvements program. The community development department will assign
project trips for concurrency applications to each segment based on the following criteria:
1. Cumulative effect of all single-family permits on a quarterly basis;
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2. Staffs trip assignment for a project generating an average of one hundred (100) trip ends or less
per day;
3. Trip assignment for a project generating more than one hundred (100) average trip ends per day
based on a traffic impact statement or traffic impact analysis and trip assignment approved by the
public works department.
For each concurrency application, project trips will be entered into the concurrency data base
manually for each segment. For projects other than single-family units, trips will be tracked on
all segments . . ' : - • mcnt equals or exceeds five (5) percent of total
project traffic within the project's area of influence. A project's area of influence consists of
those roadway segments that receive eight (8) or more project peak season/peak hour/peak
direction trips for a two-lane roadway or fifteen (15) or more project peak season/peak
hour/peak direction trips for a four -lane (or wider) roadway. For single-family only the
most directly accessed segment will be considered. On each segment the number of trips
projected to be generated/attracted by an application being reviewed for a concurrency
determination will be compared to the available capacity If the available capacity is more than
the projected demand, a concurrency determination certificate will be issued. If there is not
sufficient capacity available, the applicant has the option to mitigate for additional capacity. No
concurrency determination certificate will be issued if the demand exceeds available supply.
In addition to the manually updated computerized concurrency database, the community
development department will maintain an updated socioeconomic database by traffic analysis
zone. This database will be updated automatically with approval of concurrency certificates,
building permits, certificates of occupancy and other project approvals. This database shall
constitute the vested alternative database. Using the vested alternative database and the existing
conditions database the staff will on a regular basis, but not less than once each six months, run
the FSUTMS model. For each segment on the network, a new existing plus vested volume will
be obtained by taking the difference between the vested run and the existing run and adding that
differential to the last counted volume for the segment.
SECTION #12: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be
unconstitutional or invalid for any cause or reason the same shall be eliminated from this Ordinance and the
remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion
thereof had not been incorporated therein.
SECTION #13: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the
provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
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ORDINANCE 2008- 011
SECTION #14: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish
such, and the word "ordinance" may be changed to "section", "article', or any other appropriate word.
SECTION #15: EFFECTIVE DATE.
This Ordinance shall take effect on July 1, 2008
Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this
3rd day of June 2008.
This ordinance was advertised
public hearing held on the 3rd
by Commissioner Gary C. Wheeler
adopted by the following vote:
in the Press -Journal on the 19th day of May 2008, for a
day of June , 2008, at which time it was moved for adoption
, seconded by Commissioner Joseph E. Flescher , and
Chairman Sandra L Bowden
Vice Chairman Wesley S. Davis
Commissioner Joseph E Flescher
Commissioner Gary C. Wheeler
Commissioner Peter D. O'Bryan
BOARD OF
OF INDIAN
BY:
Aye
Aye
Aye
Aye
011;a :hi ?4
• 'M c t , fle
-
• 9
Aye
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ya, °
COUNTY COMMISSIOHEFSS
RIVER CO , Y. `/
S YY
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V
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yam..
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dra L. Bow
ATTEST BY•"'�ekam..,././ a , D. C .
4.. Jeffrey K. Barton, Clerk '
This ordinance was filed with the Department of State on the following date: Tun t, 9) 2008 , and is to take
effect on SVLy 2.Oo5
APPROVED AS TO yORM AND LEGAL SUFFICIENCY
4111
William G. Collins II, County Attorney
APP VED AS TO PLANNING MATTERS
Robert M. Keating, AICP•. Communi Development Director
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