White City Planning Commission

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White City Planning Commission
Planning and Development Services
                                                  2001 S. State Street N3-600 • Salt Lake City, UT 84190-4050
                                                  Phone: (385) 468-6700 • Fax: (385) 468-6674

                          White City Planning Commission
                                           Public Meeting Agenda

                         Tuesday, May 25, 2021 5:30 P.M.
Pursuant to HB 5002 as codified in Utah Code Ann. § 52-4-207(4), Weston Millen has determined in his capacity as
Chair of the White City Planning Commission that this meeting and/or public hearing will be held electronically
without an anchor location given the ongoing Coronavirus disease 2019 (COVID-19) pandemic, which the Chair has
determined to present a substantial risk to the health and safety of those who may be present at an anchor location.
To participate in the meeting and to make public comments where indicated in the agenda, please use the below
webinar instructions.
Location
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  The Planning Commission Public Meeting is a public forum where, depending on the agenda item, the
  Planning Commission may receive comment and recommendations from applicants, the public,
  applicable agencies and County staff regarding land use applications and other items on the
  Commission’s agenda. In addition, it is where the Planning Commission takes action on these items,
  which may include: approval, approval with conditions, denial, continuance or recommendation to
  other bodies as applicable.

                                           BUSINESS MEETING

    1) Approval of the February 23, 2021 Planning Commission Meeting Minutes.
       (Motion/Voting)
    2) Review the Draft General Plan and any associated materials of interest, provide feedback,

May 25, 2021                                                                             AGENDA – WHITE CITY PC
White City Planning Commission
and decide on next steps to progress the Plan towards adoption. The Draft General Plan is
      posted on the website here: https://wc-lrp-gslmsd.hub.arcgis.com/. Presenter: Kate
      Davies
   3) Other Business Items (as needed).

                                  PUBLIC HEARING(S)

OAM2021-000272 – Interior Accessory Dwelling Unit (IADU) Ordinance for recommendation
to the White City Council regarding: Creation of ordinance that allows for and regulates IADUs
in single-family detached dwellings. Presenter: Travis Hair (Motion/Voting)

The Planning Commission will act on the proposed public hearing items after taking comments
from the public during the public hearing. Public comments will be provided pursuant to the
planning commission’s rules of conduct, which are attached to the back of this agenda. Public
comments will be limited to three minutes per person.

                                         ADJOURN

May 25, 2021                                                             AGENDA – WHITE CITY PC
White City Planning Commission
Rules of Conduct for Planning Commission Meetings
PROCEDURE FOR PUBLIC COMMENT

1.   Any person or entity may appear in person or be represented by an authorized agent at any meeting of the
     Commission.

2.   Unless altered by the Chair, the order of the procedure on an application shall be:

     a. The supporting agency staff will introduce the application, including staff’s recommendations and a summary
        of pertinent written comments and reports concerning the application

     b. The applicant will be allowed up to 15 minutes to make their presentation.

     c. The Community Council representative can present their comments as applicable.

     d. Where applicable, persons in favor of, or not opposed to, the application will be invited to speak.

     e. Where applicable, persons opposing the application, in whole or in part will be invited to speak.

     f. Where applicable, the applicant will be allowed 5 minutes to provide concluding statements.

     g. Surrebutals may be allowed at the discretion of the Chair.

CONDUCT FOR APPLICANTS AND THE PUBLIC

1.   Speakers will be called to the podium by the Chair.

2.   Each speaker, before talking, shall give his or her name and address.

3.   All comments should be directed to the Commissioners, not to the staff or to members of the audience.

4.   For items where there are several people wishing to speak, the Chair may impose a time limit, usually 3
     minutes per person, or 5 minutes for a group spokesperson. If a time limit is imposed on any member or
     spokesperson of the public, then the same time limit is imposed on other members or spokespersons of the
     public, respectively.

5.   Unless otherwise allowed by the Chair, no questions shall be asked by the speaker or Commission Members.

6.   Only one speaker is permitted before the Commission at a time.

7.   The discussion must be confined to essential points stated in the application bearing on the desirability or
     undesirability of the application.

8.   The Chair may cease any presentation or information that has already been presented and acknowledge that it has
     been noted in the public record.

9.   No personal attacks shall be indulged in by either side, and such action shall be sufficient cause for stopping the
     speaker from proceeding.

10. No applause or public outbursts shall be permitted.

11. The Chair or supporting agency staff may request police support to remove offending individuals who refuse to
    abide by these rules.

12. After the public comment portion of a meeting or hearing has concluded, the discussion will be limited to the
    Planning Commission and Staff.

May 25, 2021                                                                                AGENDA – WHITE CITY PC
White City Planning Commission
Planning and Development Services
                                              2001 S. State Street N3-600 • Salt Lake City, UT 84190-4050
                                              Phone: (385) 468-6700 • Fax: (385) 468-6674

                                             MEETING MINUTE SUMMARY
                       WHITE CITY METRO TOWNSHIP PLANNING COMMISSION MEETING
                                   Tuesday, February 23, 2021 7:00 p.m.
Approximate meeting length: 48 minutes                                     *NOTE: Staff Reports referenced in this document can be
Number of public in attendance: 11                                         found on the State and County websites, or from Planning
                                                                           & Development Services.
Summary Prepared by: Wendy Gurr
Meeting Conducted by: Commissioner Millen

                                                    ATTENDANCE
Commissioners and Staff:

                                    Public     Business                                                           Public      Business
         Commissioners                                    Absent                  Planning Staff / DA
                                     Mtg         Mtg                                                               Mtg          Mtg
 Christy Seiger-Webster (V Chair)                 x
      Christopher Spagnuolo                       x                                  Wendy Gurr                                   x
           Robert Frailey                         x                                  Jim McNulty                                  x
           Gene Wilson                            x                                  Mikala Jordan                                x
          Antoinette Blair                        x                                   Craig Smith
      Weston Millen (Chair)                       x
     Christopher Huntzinger                                 x

                                                 BUSINESS MEETING

                                              Meeting began at – 7:01 p.m.
Commissioner Millen read the OPMA statement and Chair Reading.
    1) Election of Chair and Vice Chair 2021. (Motion/Voting)
       Election of Chair for 2021
       Motion: To nominate Commissioner Millen as Chair for 2021, Commissioner Millen accepted the
       nomination.
              Motion by: Commissioner Spagnuolo
              2nd by: Commissioner Blair
              Vote: Commissioners voted unanimous in favor (of commissioners present)
         Election of Vice Chair for 2021
         Motion: To nominate Commissioner Seiger-Webster as Vice Chair for 2021, Commissioner Seiger-
         Webster accepted the nomination.
                Motion by: Commissioner Blair
                2nd by: Commissioner Spagnuolo
                Vote: Commissioners voted unanimous in favor (of commissioners present)
    2) Approval of the September 22, 2020 Planning Commission Meeting Minutes.
       Motion: To approve the September 22, 2020 Planning Commission Meeting Minutes as presented.
             Motion by: Commissioner Spagnuolo
             2nd by: Commissioner Blair

White City Metro Township Planning Commission – February 23, 2021 – Meeting Summary                                     Page 1 of 2
White City Planning Commission
Vote: Commissioners voted unanimous in favor (of commissioners present)
    3) Discussion of Draft All About Planning, Community Background, and Community Engagement
       Chapters of the General Plan (10-15 minutes). Presenter: Mikala Jordan

        Commissioner Seiger-Webster said she would like to see a brief summary of an explanation of
        chapters 2 and 4.

        Commissioners and staff went through chapters one through three.

        Chapter one - Page 8 state code should be more of an introductory, and history and awareness this
        is a requirement.

        Chapter two – no changes

        Chapter three - Add average household occupancy, not just number of people, but number of
        children.

    4) Discussion of Draft Land Use Chapter of the General Plan (30-40 minutes). Presenter: Mikala
       Jordan

        Chapter four – requests adding a header on the character areas, contentious 10600 transitional
        area, commercial development and mixed-use, and ADU’s.

        Chat comments:

        from D. Scott Little to everyone: 7:41 PM
        If an Owner decides, what right should neighbors have when a developer buys a house to knock it
        down and build two condos above a small office? The developer is making his decisions to make
        maximum profit. He does not live in the Township and does not really care about the Township.

        from Chris Commissioner Spagnuolo to everyone: 7:46 PM
        Doing such a thing would require a rezone of the parcel, going through the entire rezoning process
        with full public input, and ultimately approved or not approved by the MT Council.

        from Chris Commissioner Spagnuolo to everyone: 7:47 PM
        Creating or changing what exactly is permitted in a zone is something else the Council would decide
        with public input.

    5) Overview of General Plan Timeline and Next Steps (5 minutes). Presenter: Mikala Jordan

        Ms. Jordan provided the timeline for adoption.

    6) Other Business Items (as needed).

    Commissioner Millen motioned to adjourn, Commissioner Seiger-Webster seconded that motion.

                                          MEETING ADJOURNED
                                         Time Adjourned – 7:49 p.m.

White City Metro Township Planning Commission – February 23, 2021 – Meeting Summary             Page 2 of 2
White City Planning Commission
WRITTEN DETERMINATION – NO ANCHOR LOCATION

The White City Metro Township Planning Commission is scheduled to hold a business
meeting on February 23, 2021, beginning at 7:00 pm. Pursuant to Utah Code Ann. §
52-4-207(4), I, Weston Millen, have determined in my capacity as the Chair of the
White City Metro Township Planning Commission to hold the business meeting
without an anchor location due to COVID19, which presents a substantial risk to the
health and safety of those who may be present at the anchor location. This written
determination shall expire 30 days from today.

                       Dated this _____
                                    23rd day of _________, 2021.

                       By________________________________
                       Weston Millen
                       Chair, White City Metro Township Planning Commission
White City Planning Commission
5/20/2021

    2021 White City General Plan
         White City Planning Commission 5/25/2021

                       Photo courtesy of Maridene Alexander, GSL-MSD.

1

        A general plan provides a
        comprehensive, long-term,
        practical vision for the
        future of a community.

                Photo courtesy of Salt Lake County Parks and Recreation.

2

                                                                                  1
White City Planning Commission
5/20/2021

    General plans assist communities in defining
    and achieving desirable future outcomes
    • Strengthen community
      autonomy
    • Enhance efficient and
      effective decision making
    • Bring the community
      together to work towards
      common goals
    • Generate new funding
      opportunities
                                                          Photo Courtesy of Mikala Jordan, GSL-MSD

3

                                  • “Each municipality shall prepare and adopt a
                                    comprehensive, long-range general plan for:
                                      (a) present and future needs of the
                                      municipality; and
                                      (b) growth and development of all or any
                                      part of the land within the municipality.”
                                      (10-9a-401)
       Utah State Code            • Minimum required elements of the general
       says...                      plan:
                                      • Land Use Element
                                      • Transportation Element
                                      • Moderate-Income Housing Element (10-
                                        9a-403)
                                  • Additional elements may also be included to
                                    address present and future needs (10-9a-
                                    403)
                                  • “The general plan is an advisory guide for
                                    land use decisions” (10-9a-405)
4

                                                                                                            2
White City Planning Commission
5/20/2021

    Best practice general plans are integrated, fact-based,
    and guided by an engaged community.
    • Acknowledge current
      strengths and challenges
      based on facts and data
    • Integrated approach to
      decision-making
    • Reflect residents' values
      and lived experiences
    • Tailor policy and
      implementation
      recommendations to local
      context                                 Photo Courtesy of Mikala Jordan, GSL-MSD.

5

    A general plan is NOT…
    • A land development code
    • A legally binding document
    • Unchangeable (can be amended)
    • A doorstop

6

                                                                                                 3
White City Planning Commission
5/20/2021

    Your General Plan is fact-
    based and integrated:

     Best-practice planning
       approaches
     Technical assessment
     Esri ArcGIS Analysis
     Literature cited

7

                              Your General Plan is guided
                              by an engaged community
                              (Jan 19 – Apr 21):

                               • 25 GPSC Mtgs
                               • 5 Workshops
                               • 3 Surveys with
                                 179 submissions
                               • 3 PC Mtgs
                               • 9 Council Mtgs
                               • Outreach via
                                 newsletters, websites, and
                                 social media
                                 752+ written comments!
8

                                                                     4
5/20/2021

                                                April 13, 2021
                                                General Plan Steering Committee
                                                voted to forward the General
                                                Plan on to the Planning
                                                Commission for review
                                                and considera on.

                                                May 5, 2021
                                                Council accepted this
                                                recommendation and has
                                                requested that the Planning
                                                Commission take over the
                                                planning process.

9

     Plan Content
     Executive Summary
     Key Recommendations and Goals
     Chapter 1 - All About Planning
     Chapter 2 - Community Engagement
     Chapter 3 - Community Background
     Chapter 4 - Land Use
     Chapter 5 - Transportation
     Chapter 6 - Lifelong Communities
     Chapter 7 - Work Program
     Chapter 8 - References and Resources
     Appendix – Glossary & FAQ, Survey Responses and Feedback,
     Moderate-Income Housing Plan, GPSC Meeting Summaries,

10

                                                                                         5
5/20/2021

     Vision: “White City is a safe, affordable, close-
      knit, family-oriented, and unique community
     with access to amenities that meet the diverse
                  needs of its residents.”

11

         Priorities:
         1. Preserve single-family residential,
         2. Eliminate blight,
         3. Horse Property,
         4. Preserve natural resources,
         5. Walkability, and
         6. Explore neighborhood commercial.

12

                                                                6
5/20/2021

     LU1: Ensure that effective land use planning is kept in
     balance with preserving the freedom and rights of
     individual landowners.
     LU2: Maintain and promote White City’s neighborhood-
     scale housing character (primarily detached residences)
     while also promoting a quality of life that attracts and
     sustains new families and the housing needs of the Salt
     Lake valley.
     LU3: Promote a sense of pride and identity in the
     community through maintaining and enhancing place-
     making infrastructure.
     LU4: Establish landscaping and maintenance standards that
     make White City a distinctly scenic, fun and appealing place
     to live and visit.
     LU5: Enhance recreational amenities and access to public
     parks and open spaces.
     LU6: All land use decisions include efforts toward mitigating
     or improving the air and water quality.

13

14

                                                                            7
5/20/2021

                                                            T1: Provide good access to and
                                                            smooth, safe transitions between key
                                                            locations within and outside of White
                                                            City.
                                                            T2: Make transportation areas more
                                                            aesthetically pleasing,
                                                            environmentally friendly, culturally
                                                            interesting, and health-conscious.
                                                            T3: Achieve well-maintained
                                                            transporta on infrastructure.
                                                            T4: Provide adequate and safe
                                                            parking.
                                                            T5: Increase pedestrian and bicyclist
                                                            access, safety, and comfort.

15

     LC1: Foster transparency, collaboration, and clear communication among officials, staff,
     the public, and other agencies.
     LC2: Enhance and expand digital infrastructure to support home-based work,
     entertainment, and education opportunities.
     LC3: Support small-scale local and home-based businesses with access to resources for
     financial assistance and/or business training and education.
     LC4: Ensure that the built environment supports people of all ages and abilities, allowing
     safe and easy navigation within the community as well as access to important places
     outside the community.
16

                                                                                                           8
5/20/2021

     T1: Provide good access to and smooth, safe transitions between key locations within and outside of White
     City.
     T2: Make transportation areas more aesthetically pleasing, environmentally friendly, culturally interesting,
     and health-conscious.
     T3: Achieve well-maintained transporta on infrastructure.
     T4: Provide adequate and safe parking.
     T5: Increase pedestrian and bicyclist access, safety, and comfort.

      LC5: Strengthen resilience through emergency preparedness and response.
      LC6: Improve the quality of the natural environment and mitigate negative
      environmental impacts in built environment decisions.
      LC7: Maintain and make needs-appropriate improvements to infrastructure to support
      the resilience of the built environment.
      LC8: Preserve the heart of White City’s character.

17

                   Five Key Recommendations:
                   1) Focus on area-specific, small-scale infrastructure improvements
                   that incorporate place-making; these will enhance the day-to-day
                   experiences of residents on their land and in public spaces.

                   2) Update land use codes to be tailored to White City’s specific
                   wants and needs.

18

                                                                                                                           9
5/20/2021

                 3) Work toward implementing streetscape improvements that
                 increase the safety of all modes of travel, the aesthetics of the public
                 right-of-way, and the walkability of White City.

                 4) Work toward infrastructure implementation that supports
                 successful aging in community, community resilience to natural
                 hazards, and environmental sustainability.

                 5) Increase sales tax revenue to support desired projects by a)
                 supporting at-home businesses through resources and fast internet
                 speeds and b) updating land use ordinances to allow small, quiet,
                 local businesses in future mixed-use areas.

19

     Next Steps
     • Public outreach and comment period
     • Open house?
     • Public hearing to:
        • Recommend adoption, or
        • Recommend adoption with changes, or
        • Do not recommend adoption, or
        • Continue decision to another meeting.
     • Council public meeting to:
        • Adopt
        • Adopt with changes
        • Not adopt (send back to Planning Commission for more work)
        • Continue decision to another meeting
                                                                       See Utah State Code 10-9a-404

20

                                                                                                             10
5/20/2021

     A huge thank you to the General Plan
     Steering Committee, who worked on this
     Plan for two years!

21

                                                    11
To:    White City Planning Commission
From: Travis Hair, Planner
Date: May 25, 2021
Re:    OAM2021- 000272 – Internal Accessory Dwelling Unit Ordinance

In late 2020, the MSD Staff along with the White City Council began discussing how to address
accessory dwelling units as they were identified within the Moderate-Income Housing Plan (MIH)
adopted by White City as a part of its general plan. As those discussions progressed, planning
staff and legal counsel were notified that the Utah State Legislature would be adding additional
requirements during the 2021 session, so work was put on hold until the new requirements were
clear allowing for the code to be updated . The legislature addressed Internal Accessory Dwelling
Units (IADUs), within the recently passed HB-82. The bill allows for IADUs broadly throughout
residential zones and limits what types of controls local municipalities can put in place to restrict
them. Following passage of the bill, MSD Staff, and a committee including Council members and
legal counsel was formed to work on refining the earlier draft to meet the new requirements in
State Code.
The attached draft ordinance includes regulations allowed by HB-82. In summary the ordinance
includes the following:
           •   Allows for IADUs on single-family residential lots of 6,000 square feet or larger.
           •   Excludes the A-1, A-2 and R-1-21 zones from allowing IADUs.
           •   Limits IADUs to two bedrooms.
           •   Adds additional parking requirements for IADUs.
           •   Requires dwellings with IADUs to be owner occupied.
           •   Limits each lot to a single IADU.
           •   Adds design and safety requirements for IADUs.
           •   Requires all owners of IADUs to obtain a business license.
           •   Sets procedures for recording of notices on IADUs so compliance can be enforced
               per HB-82.
           •   Prohibits the use of IADUs as a short-term rental.

               2001 S State Street, #N3-600 • Salt Lake City, UT 84114 • 385-468-6700
                                           msd.utah.gov
SECTION I.        The amendments made here are designated by underlining the new

substituted words. Words being deleted are designated by brackets and interlineations.

        SECTION II. Chapter 19.15 of the White City Code of Ordinances is enacted as follows

in order to authorize accessory dwelling units in certain residential zones and to enact related

regulations.

19.15.010 Purpose.

White City recognizes that Accessory Dwelling Units in single-family residential zones can be an

important tool in the overall housing plan for White City. The purposes of the Accessory Dwelling

Unit standards of this code are to:

        A. Allow opportunities for property owners to provide social or personal support for family

members where independent living is desirable;

        B. Provide for affordable housing opportunities;

        C. Make housing units available to moderate income people who might otherwise have

difficulty finding housing in White City;

        D. Provide opportunities for additional income to offset rising housing costs;

        E. Develop housing units in single-family neighborhoods that are appropriate for people at

a variety of stages in the life cycle;

        F. Preserve the character of single-family neighborhoods by providing standards governing

development of Accessory Dwelling Units; and

        G. Ensure that Accessory Dwelling Units are properly regulated by requiring property

owners to obtain a business license and a building permit for an ADU prior to renting the ADU.

19.15.020 Definitions.

"Internal accessory dwelling unit" means an accessory dwelling unit created:

                                                 1
A. within a primary dwelling;

       B. within the footprint of the primary dwelling at the time the internal accessory dwelling

           unit is created; and

       C. for the purpose of offering a long-term rental of 30 consecutive days or longer.

“Owner Occupancy” means a property where the property owner, as reflected in title records,

makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration,

driver's license, county assessor records or similar means.

"Primary dwelling" means a single-family dwelling that is detached and is occupied as the primary

residence of the owner of record.

19.15.030 Allowed areas and zones.

   a. ADUs incorporated within a single-family residence shall be a permitted use on single

       family home lots in primarily residential zones that require 6,000 square foot minimum lot

       sizes or greater.

   b. IADUs shall not be permitted in A-1, A-2 or R-1-21 zones. State code allows for exclusion

       of up to 25% of the total residential area from the IADU requirements which these zones

       are under.

   c. In no case shall an ADU be permitted in a townhome, a multi-family PUD or other attached

       unit type, or on any lot that cannot satisfy parking, setback, or lot coverage requirements.

19.15.040 Number of residents.

ADUs shall not be occupied by more than four persons.

19.15.050 Setbacks.

Setbacks on all IADUs shall be consistent with setbacks for a single-family dwelling in the zone.

19.15.060 Parking requirements.

                                                  2
In addition to the required parking for the existing home, the property owner must demonstrate

that one (1) on-site parking space is available for an IADU. A property owner bears the burden of

showing by a preponderance of the evidence that sufficient parking is available. In cases where

garage conversions are done to create an IADU, replacement on-site parking spaces are required

for the primary dwelling in a number equal to the parking spaces eliminated by such IADU.

19.15.070 Lot coverage.

Lot coverage maximums as outlined per each zone. Any additions to an existing building shall

comply with Section 19.15.050 and except as provided in that section, shall not exceed the

allowable lot or rear yard coverage standard for the underlying zone.

19.15.080 – Owner occupancy.

The primary dwelling or the IADU must have owner occupancy. An application for an ADU shall

include evidence of owner occupancy.

19.15.090 – Number of ADUs per lot.

Only one ADU is allowed per lot.

19.15.100 – ADU design standards.

       A. An approved building permit is required for all IADUs before an IADU is constructed,

           and all other applicable provisions of this chapter and the White City Code must be met

           before an IADU can be rented. Existing non-compliant IADUs may come into

           compliance by receiving a permit and verifying existing work was done according to

           code.

       B. The design and size of an IADU shall conform to all applicable building, fire, and

           health codes, including applicable water service requirements.

                                                3
C. Conversions of an existing space to an IADU will require compliance with safety

            requirements per building code including, but not limited to, egress windows with

            window wells in case of emergency, and sufficient HVAC and climate control for the

            ADU.

        D. IADUs will not require a separate HVAC or firewall.

        E. Owner shall provide a separate address marking for emergency services and mailing

            services.

        F. Single family residences with an IADU shall retain the same appearance as a single-

            family residence.

19.15.110: Affidavit and Notice of Accessory Dwelling Unit

Applicants for ADUs shall provide an affidavit stating that the owner of the property will live in

either the primary or ADU as their permanent residence. Upon approval of the ADU by the

building official, and upon the issuance of a business license pursuant to Section 19.15.130, a

Notice of Accessory Dwelling Unit including the affidavit shall be recorded against the property

to provide notice to a future owner of the owner occupancy requirement for the ADU. Upon sale

of the property, the new owner shall be required to sign and record a new affidavit and secure

reauthorization of the ADU by the building and business license officials. A copy of the recorded

notice will be provided to the applicant when completed.

19.15.120: Business licensing.

Prior to renting out any ADU, a business license must be obtained. That license must be maintained

as long as the unit is rented out.

19.15.130: Multi-Family use of ADUs prohibited.

                                                4
A. ADUs are part of a single-family residence and shall not be used as a multi-family

           residence.

       B. ADUs may not be separately metered apart from the single-family residence.

       C. ADUs may not be sold or subdivided separately from the single-family residence.

19.15.140: Short-term rental use prohibited.

Units approved as IADUs shall not be used as short-term rentals. Any rentals shall be made for 30

consecutive days or more.

19.15.150 Variances.

The land use hearing officer may grant variances to the standards of this chapter in accordance

with section 19.92.040. The land use hearing officer may not grant a variance from Building Code

requirements, owner occupancy provisions, lot square footage requirements, or the number of units

allowed per lot.

       SECTION III.     This ordinance shall become effective fifteen days after its passage and

upon at least one publication of the ordinance, or a summary thereof, in a newspaper published

and having general circulation in White City.

                                                5
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