HomeMy WebLinkAboutOrdinance 3721 ORDINANCE NO. 3721
ZONING CASE ZC21-0015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, AMENDING
THE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS, AND THE ZONING MAP OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS BY
REZONING 6.2 ACRES OF LAND LOCATED AT 7601
BOULEVARD 26 FROM C-2 (COMMERCIAL) TO NR-PD
(NONRESIDENTIAL PLANNED DEVELOPMENT);
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING
FOR SEVERABILITY; ESTABLISHING A PENALTY;
PROVIDING FOR SAVINGS; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located
in Tarrant County, Texas 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 Zoning Ordinance of the City of North Richland Hills regulates and
restricts the location and use of buildings, structures, and land for trade,
industry, residence, and other purposes, and provides for the establishment
of zoning districts of such number, shape, and area as may be best suited
to carry out these regulations; and
WHEREAS, the City Council has previously passed an ordinance adopting the
Vision2030 Land Use Plan as the primary document on which to base all
zoning, platting, and other land use decisions; and
WHEREAS, the Vision2030 Land Use Plan map provides guidance for future
development in conformance with the adopted Vision2030 Land Use Plan;
and
WHEREAS, the owner of property located at 7601 Boulevard 26 (the "Property") has
filed an application to rezone the Property from its present classification of
C-2 (Commercial) to NR-PD (Nonresidential Planned Development); and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on November 18 and December 2, 2021, and
the City Council of the City of North Richland Hills, Texas, held a public
hearing on December 13, 2021, with respect to the zoning change
described herein; and
Ordinance No. 3721
ZC21-0015
Page 1 of 4
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, the Zoning Ordinance of the City of North Richland Hills,
and all other laws dealing with notice, publication, and procedural
requirements for rezoning the Property; and
WHEREAS, upon review of the application, and after such public hearing, the City
Council finds that granting the request herein furthers the purpose of zoning
as set forth in the Zoning Ordinance of the City of North Richland Hills and
that the zoning change should be granted, subject to the conditions imposed
herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby
amended by rezoning the Property and approving a Nonresidential Planned
Development as provided herein on a 6.2-acre tract of land described as
Lot 3, Block 1, Richland Terrace Addition, commonly referred to as 7601
Boulevard 26, as described and shown on Exhibit"A," attached hereto and
incorporated for all purposes.
Section 2: The City Council finds that the information submitted by the applicant
pursuant to the requirements of the Zoning Ordinance is sufficient to herein
approve the nonresidential planned development in accordance with the
requirements of the Nonresidential Planned Development (NR-PD) district
Land Use and Development Regulations, set forth in Exhibit "B," and the
Site Plan Exhibits, set forth in Exhibit "C," both of which are attached
hereto and incorporated for all purposes.
Section 3: That the official zoning map of the City of North Richland Hills is amended
and the Planning Director is directed to revise the official zoning map to
reflect the approved Nonresidential Planned Development(NR-PD) zoning,
as set forth above.
Section 4: The use of the property described above shall be subject to all applicable
and pertinent ordinances of the City of North Richland Hills, all applicable
regulations contained in the Building and Land Use Regulations for the C-2
(Commercial) zoning district, and the additional zoning standards as set
forth in Exhibit "B."
Section 5: The zoning district as herein established has been made in accordance with
a comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the community.
Ordinance No. 3721
ZC21-0015
Page 2 of 4
Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct conflict
with the provisions of such ordinances and such code, in which event the
conflicting provisions of such ordinances and such code are hereby -
repealed.
Section 7: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are
severable, and if any section, paragraph, sentence, clause, or phrase 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 sections, paragraphs, sentences, clauses,
and phrases of this Ordinance, since the same would have been enacted
by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause or phrase.
Section 8: Any person, firm or corporation violating any provision of the Zoning
Ordinance and the zoning map of the City of North Richland Hills as
amended hereby shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Thousand Dollars
($2,000.00). Each day any such violation shall be allowed to continue shall
constitute a separate violation and punishable hereunder.
Section 9: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning that 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.
Section 10: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 11: This ordinance shall be in full force and effect immediately following
publication as required by Section 10 hereof.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 13th day of December, 2021.
Ordinance No. 3721
ZC21-0015
Page 3 of 4
CITY OF NORTH RICHLAND ILLS
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By: . A"iitiliPA
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ATTEST: :`A;Z:•' ' o
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Alicia Richardson s,-G.. .....-
City Secretary/Chief Gover ` %"A APPROVED AS TO FORM AND LEGALITY:
jA./).—:--- -- —
Ma eshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton Co ock, Plannin Director
Ordinance No. 3721
ZC21-0015
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3721—Page 1 of 1
Zoning Case ZC21-0015
Lot 3, Block 1, Richland Terrace Addition
7601 Boulevard 26, North Richland Hills,Texas
BEING Lot 3, Block 1, Richland Terrace Addition, an addition to the City of North Richland Hills, Tarrant
County,Texas, according to the plat thereof recorded in Volume 388-168, Page 45, Plat Records,Tarrant
County,Texas.
Exhibit B—Land Use and Development Regulations—Ordinance No. 3721—Page 1 of 6
Zoning Case ZC21-0015
Lot 3, Block 1, Richland Terrace Addition
7601 Boulevard 26, North Richland Hills,Texas
This Nonresidential Planned Development (NR-PD) District must adhere to all the conditions of
the North Richland Hills Code of Ordinances, as amended, and adopt a base district of C-2
(Commercial). The following regulations are specific to this NR-PD district. Where these
regulations conflict with or overlap another ordinance, easement, covenant or deed restriction,
the more stringent restriction will prevail.
A. Purpose and Intent. The purpose of this Nonresidential Planned Development zoning
district is to permit the adaptive reuse of a 76,850 square foot big box retail building by
internally subdividing it into smaller lease spaces intended for a diverse mix of small
businesses to utilize for e-commerce, business logistics, crafting and assembling products
for sale online, light manufacturing, product repair and servicing, wholesale distribution,
and ancillary warehousing associated with the primary uses permitted by this district. All
uses are intended to be conducted within the building and without any outside storage
or display. Access to the building is intended to be limited to tenants, their employees,
delivery carriers, and appointment-only customers. While the building is not intended to
be open to the general public, individual businesses may allow for customer access if
permitted by the building management team.
B. Definitions.This section defines the general use categories and specific use types listed in
the table of permitted uses below. For uses not defined, refer to Section 118-1 of the
Zoning Chapter of the Code of Ordinances.
1. Artisanal food production. Food products that are produced by non-industrialized
methods in small batches or limited quantities. Production is typically hand-
crafted or made using traditional methods. Products generally include bread and
baked goods; cheese; cured meats; oils and vinegars; coffee beans; ice cream;
jams, chutneys, and fruit preserves; and pickled vegetables.
2. Contractor's office with shop and garage. A facility or area for the storage and
maintenance of contractor's supplies and operational equipment in association
with conventional business office activities.
3. Custom and craft work. A facility or area in which finished, personal, or household
items that are either made to order or that involve considerable handwork are
produced. Examples include but are not limited to textiles, pottery, furniture
repair or refinishing, wood working, upholstery, sculpting, and other work or
wood products on an individualized single item basis. Cabinet or woodworking
shops are not included in this definition. The use of mechanized assembly line
production is excluded from this definition.
4. E-Commerce retail sales. The buying and selling of goods and services over the
Internet. Establishments are designed to receive, warehouse, and ship
merchandise from and to online clients. Establishments do not facilitate or attract
Exhibit B—Land Use and Development Regulations—Ordinance No. 3721—Page 2 of 6
Zoning Case ZC21-0015
Lot 3, Block 1, Richland Terrace Addition
7601 Boulevard 26, North Richland Hills,Texas
walk-in customers and do not have displays of merchandise.Some establishments
may further provide after-sales services, such as repair and installation services.
5. Fleet or delivery vehicles.A group of motor vehicles owned or leased by a business
or other organization, rather than a private individual, for the purpose of
transporting people or goods for the delivery of products or services.
6. Light manufacturing & product assembly. Product assembly and light
manufacturing of commodities (including electronics) in a fully enclosed building
without producing any noxious odors, gas, or other pollutants. This category
includes workshops and studios for cottage industries such as pottery, glass-
blowing, metal working, screen printing,weaving, and similar craft activities.
7. Machine shop. A light manufacturing operation where material is processed by
machining, cutting, grinding, welding, or similar processes.
S. Private tutoring or instruction. Private tutoring, instruction, or teaching of
individuals or groups in areas including academics, fine and performing arts,
martial arts, physical training, and other subjects.
9. Telemarketing call center. An office primarily engaged in the marketing and
receiving large numbers of telephone calls for purposes such as customer support,
information inquiries, and/or product sales and services.
10. Warehousing. As a primary use, the process of storing physical goods in a
dedicated facility before they are sold or shipped.This definition does not include
warehousing or storage that is accessory to another primary use.
11. Wholesale distribution. An operation selling goods or commodities in quantity
chiefly to retailers, other merchants, or industrial, institutional, or commercial
users mainly for resale or business use.
C. Land Uses.
1. Permitted Land Uses. Uses in this NR-PD are limited to those listed below and fall
into one of five categories: Professional, Scientific & Technical Services; Arts,
Entertainment, Education & Recreation; Health Care Products; Manufacturing;
and Wholesale Trade, Retail Trade, or E-Commerce. Some uses are noted as
permitted with conditions (P/C), which are detailed in the succeeding section.
NR""-PD PERMITTED,USES
Artisanal Food Production Custom and craft work Photography,Art,or Music Studio
Arts&Crafts Store E-Commerce Retail Sales Printing Shop
Auto Parts Sales(w/o Machine shop) Events and Catering Logistics Private Tutoring or Instruction(P/C)
Bakery Florist Research&Development Laboratory
Beauty Supply Sales Grocer/Produce Market ,Secondhand Dealer(P/C) ,11
Bicycle Sales&Service Health and Nutrition Food Store Sheet Metal Shop(P/C),„
Exhibit B—Land Use and Development Regulations—Ordinance No. 3721—Page 3 of 6
Zoning Case ZC21-0015
Lot 3, Block 1, Richland Terrace Addition
7601 Boulevard 26, North Richland Hills,Texas
• . • NR-PD=PERMITTED USES
Brewery,Distillery,Winery Janitorial Supply and Service Shoe Repair
Cabinet or Woodworking Shop Jeweler Sign Shop
Carpet&Tile Sales Key Shop/Locksmith Swimming Pool Sales and Service
Clock Repair Light Manufacturing/Product Assembly Tailor/Alteration
Cold Storage Machine Stiop(P/C)a r,' � 4�` d i ,, 'Telemarketing Call Center(P/C), k,r
Commercial Carpet Cleaning Medical Appliances and Fittings Telephone Business/Sales Office
Consumer Electronics Service Office,Administrative,Business or Trophy&Awards Shop
Professional
Contractor`s Office(w/shop)(P/C) '°- 4 Pest Control Service $,Warehousing(P/C)z�
Copy Center Pharmacy Wholesale Distributor
2. Permitted Land Use Conditions.
a. The following land uses are limited to 5,000 square feet of the leasable floor
area of the building, regardless of the number of individual tenants.
i. Secondhand dealer
ii. Sheet metal shop
iii. Telemarketing call center
iv. Machine shop
b. Warehousing as a primary use is limited to 15,000 square feet of the leasable
floor area of the building, regardless of the number of individual tenants.
c. Private tutoring or instruction is limited to a maximum of four (4) students or
clients at any one time.
3. Prohibited Land Uses.
a. Any land use requiring a special use permit in the C-2 (Commercial) zoning
district, as amended, not listed herein as permitted is prohibited.
b. The following uses are prohibited from this NR-PD include:
,. ,,.,.,, ._ .. • :NR-PQ PROHIBITED USES ,�'R �:�
Auto Alarm/Stereo/Window Tinting Store Department Store Pet Store
Auto Upholstery Shop Dry cleaners Restaurant,fast casual
Automobile Inspection Station Home Improvement Center Restaurant,full service
Automobile Lubrication Center Lawn Maintenance Service Shop Tanning Salon
Bank and Savings and Loan Massage Establishment Veterinarian Clinic(w/o kennels)
Barber Shop/Beauty Salon Nail Salon Wedding Chapel or Event Center
Convenience Store Office,Medical or Dental Weight Loss Center
Exhibit B—Land Use and Development Regulations—Ordinance No. 3721—Page 4 of 6
Zoning Case ZC21-0015
Lot 3, Block 1, Richland Terrace Addition
7601 Boulevard 26,North Richland Hills,Texas
c. Interpretation - Materially Similar Uses. A use not specifically mentioned or
described by category in this NR-PD district is prohibited. The Development
Review Committee may determine if a use not mentioned can reasonably be
interpreted to fit into a use category where similar uses are described, so long
as the purpose and intent of this NR-PD zoning district is met. New and
unlisted uses determined by the Development Review Committee as not
materially similar to a listed permitted use must be processed in the same
manner as the original NR-PD zoning approval.
4. Ancillary/Accessory Uses. Certain uses are considered ancillary or accessory.These
are uses that are generally for the benefit of tenants and their on-site employees
only and combined account for no more than twenty-five (25) percent of the total
building area. Ancillary or accessory uses may be approved by the Development
Review Committee if aligned with the purpose and intent of this NR-PD district.
5. Use restrictions for additional buildings. If additional buildings are constructed on
the property, the permitted land uses in those buildings are limited to those
permitted in the C-1 (Commercial) zoning district, as amended. Any land use
requiring a special use permit in the C-1(Commercial)zoning district,as amended,
is only allowed if a special use permit is issued for the use. Any land use prohibited
in the C-1 (Commercial) zoning district, as amended, is also prohibited.
D. Operational Standards.
1. An individual tenant lease space must not exceed five thousand (5,000) square
feet in floor area.
2. For any tenant or use that requires parking for Fleet or Delivery Vehicles, the
vehicles must be parked on the northwest side of the building. Parking of fleet
vehicles is prohibited in front of the building or visible from Boulevard 26. The
parking of flatbed trailers, cargo trailers, or vehicles longer than twenty-six (26)
feet is prohibited.
3. Outside storage and incidental outside display,as defined by Sections 118-716 and
118-717 of the Zoning Chapter of the Code of Ordinances, is prohibited. This
includes but is not limited to palettes, raw materials, products, merchandise,
junk/waste, large equipment, forklifts, trailers, overnight or long-term parking of
vehicles not defined herein as Fleet or Delivery Vehicles, and any other items not
in the active and immediate process of being transferred into or out of the
building.
4. All shipping, receiving, loading, unloading, delivery, and similar activities must be
conducted on the northwest or northeast sides of the building. In the event that
the use occupies the entire building,these activities may be conducted on one 40-
foot portion of the building's front façade provided that the area used for
shipping, receiving, loading, unloading, and delivery is covered by a canopy with
Exhibit B—Land Use and Development Regulations—Ordinance No. 3721—Page 5 of 6
Zoning Case ZC21-0015
Lot 3, Block 1, Richland Terrace Addition
7601 Boulevard 26, North Richland Hills,Texas
an architecturally enhanced design; and any overhead door(s) must be a
decorative design such as glass panels.
5. Access to the building must be secured and limited to building management
employees, vendors, bona fide tenants, and their employees. Customers,visitors,
or the general public may enter by appointment or invitation only. A public lobby
area may be provided.
6. A Certificate of Occupancy is required for all businesses on site.
E. Site development standards. A site plan and associated plans for the development must
be approved by the Development Review Committee prior to the issuance of a building
permit for the property. Development of the property must comply with the development
standards of the C-2 (Commercial) zoning district and the standards described below. All
improvements must be completed prior to certificate of occupancy unless otherwise
noted.
1. A landscape plan for the development must be prepared by a Registered
Landscape Architect and be approved by the Development Review Committee
prior to construction.
2. The site is exempt from Section 114-71(i) of the Vegetation Code regarding the
landscaping of parking lots. However, Section 114-71(i)(3) regarding parking lot
entrance islands is applicable to the site.
3. Along the Boulevard 26 frontage,the following improvements are required:
a. One of the two driveways on Boulevard 26 must be removed.A new curb line
must be constructed and a parkway established between the new curb and
the sidewalk.
b. A 15-foot landscape setback must be installed adjacent to Boulevard 26. The
design of the setback must comply with Section. 114-71(g) of the Vegetation
Chapter of the Code of Ordinances.
c. All landscape areas must be irrigated by an automatic underground irrigation
system equipped with rain and freeze sensors.
d. A five-foot sidewalk and ADA access ramps must be constructed adjacent to
Boulevard 26. Improvements must be constructed in accordance with Texas
Department of Transportation and City standards.
e. The parking lot must be designed to account for a future common access
driveway connection to Lot 2, Block 1, Richland Terrace Addition (7605
Boulevard 26).
4. Along the City Point Drive frontage,the following improvements are required:
Exhibit B—Land Use and Development Regulations—Ordinance No. 3721—Page 6 of 6
Zoning Case ZC21-0015
Lot 3, Block 1, Richland Terrace Addition
7601 Boulevard 26, North Richland Hills,Texas
a. One of the three driveways along City Point Drive must be removed. A new
curb line must be constructed and a parkway established between the new
curb and the sidewalk.
b. A 15-foot landscape setback must be installed adjacent to Boulevard 26. The
design of the setback must comply with Section 114-71(g) of the Vegetation
Chapter of the Code of Ordinances.
5. The exterior building façade must be improved in accordance with the following
standards:
a. The exterior walls of the building must be repainted. Colors must be low
reflectance, subtle, neutral, or earth tone colors. Bright pure tone primary or
secondary colors must not exceed ten (10) percent of any single exterior wall area,
excluding the area of windows and doors.
b. The primary building entry must be articulated horizontally by at least twelve (12)
inches and vertically by at least four(4)feet for at least fifteen (15) percent of the
building length. The building entry articulation must utilize contrasting building
materials, colors, window glazing, signage, and ornamental/architectural lighting
to accentuate the entry.
6. The existing noncompliant parking lot landscape islands must be removed. Concrete-
curbed raised parking lot islands utilizing a decorative stamped and stained concrete may
replace the islands in lieu of installing irrigated islands with plant material.
7. All outdoor lighting must comply with the requirements of Section 118-728 of the zoning
ordinance.
8. Signs must be designed and installed in accordance with Chapter 106—Signs of the North
Richland Hills Code of Ordinances.
F. Amendments to Approved Planned Developments. An amendment or revision to the
Nonresidential Planned Development (NR-PD) must be processed in the same manner as the
original approval. The application for an amendment or revision must include all land
described in the original ordinance that zoned the land to the NR-PD district.
The city manager or designee may approve minor amendments or revisions to these
standards provided the amendment or revisions does not significantly:
1. Alter the basic relationship of the proposed uses to adjacent uses;
2. Change the uses approved;
3. Increase approved densities, height, site coverage, or floor areas;
4. Decrease on-site parking requirements;
5. Reduce minimum yards or setbacks; or
6. Change traffic patterns.
Exhibit C-Site Plan Exhibits-Ordinance No. 3721 - Page 1 of 1
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AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
19363 189361 Print Legal Ad-IPL0053426 $89.00 1 49 L
Attention: ROBERT MYERS THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT
PO BOX 820609
NORTH RICHLAND HILLS,TX 761820609 Before me,a Notary Public in and for said County
and State,this day personally appeared Amanda
Grisham,Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram,Inc.at
Ciro OF Fort Worth,in Tarrant County,Texas;and who,
NORTH RICHLAND HILLS after beingduly sworn,did depose and say that
ORDINANCE NO.3721 Y p Y
AN ORDINANCE OF THE CITY COON- the attached clipping of an advertisement was
CIL OF THE CITY OF NORTH RICH-
LAND HILLS,TEXAS,AMENDING THE published in the above named paper on the listed
ZONING ORDINANCE OF THE CITY dates:
OF NORTH RICHLAND HILLS, AND
THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS
BY REZONING 6.2 ACRES OF LAND No.of Insertions: 2
LOCATED AT 7601 BOULEVARD 6
FROM C-2(COMMERCIAL)TO NR-PD
(NONRESIDENTIAL PLANNED DE- Beginning Issue of: 12/22/2021
VELOPMENT);PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE EndingIssue of: 12/23/2021
OF ALL ORDINANCES; PROVIDING
FOR SEVERABILITY;ESTABLISHING A
PENALTY;PROVIDING FOR SAVINGS;
PROVIDING FOR PUBLICATION;AND
PROVIDNG AN EFFECTIVE DATE.
Any person, firm or corporation vi-
olating any provision of the Zoning
Ordinance and the zoning map of the
City of North Richland Hills as amend-
ed hereby shall be deemed guilty of
a misdemeanor and upon final con-
viction thereof fined in an amount
not to exceed Two Thousand Dollars
($2,000.00).Each day any such viola-
tion shall be allowed to continue shall
constitute a separate violation and
punishable hereunder.
PASSED AND APPROVED on this 13th
day of December,2021.
CITY OF NORTH RICHLAND HILLS
By:/s/Oscar Trevino
Oscar Trevino,Mayor ATTEST: Sworn to and subscribed be ore me this 23rd day o
/s/Alicia Richardson December in the year of 2021
Alicia Richardson
City Secretary/Chief Governance Of-
ficer
APPROVED AS TO FORM AND LE-
GALITY:
/s/Maleshia B.McGinnis
Maleshia B.McGinnis,City Attorney
Dec 22-23
Dec 23 2021
Notary Public in and for the state of Texas,residing in
Dallas County
2022
NMI
O*tW
Extra charge for lost or duplkate affidavits.
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