25-045 ORDINANCE NO. 25-045
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, AMENDING PART III "LAND
3 DEVELOPMENT REGULATIONS," CHAPTER 3, ARTICLE III, SECTION 2.G
4 "IPUD"; CHAPTER 3, ARTICLE IV, SECTION 3 "USE REGULATIONS";
5 CHAPTER 4, ARTICLE III, SECTION 8.A.3.b "OPEN SPACE AND PLAZA
6 REQUIREMENTS"; AND CHAPTER 4, ARTICLE IV, SECTION 4.C.1 "WALL
7 SIGN" FOR CLARIFICATIONS THAT ONLY RESIDENTIAL USES ARE
8 PERMITTED; PROVIDING FOR CODIFICATION; PROVIDING FOR
9 SEVERABILITY; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN
10 EFFECTIVE DATE.
11
12 WHEREAS, Part III "Land Development Regulations," Chapter 3 "Zoning," and Chapter 4
13 "Site Development Standards" of the City's Code of Ordinances currently establishes use
14 regulations and design standards for the Infill Planned Unit Development ("IPUD") District; and
15 WHEREAS, the Planning and Zoning Department would like to amend the Land
16 Development Regulations to update use regulations and design standards for the IPUD District;
17 and
18 WHEREAS, the purpose of the IPUD zoning district is to implement the High Density
19 Residential ("HDR") and Special High Density Residential ("SHDR") future land use map ("FLUM")
20 designations of the Comprehensive Plan by promoting infill development and redevelopment at
21 densities no greater than twenty (20) dwelling units per acre; and
22 WHEREAS, the amendments remove any mixed-use or non-residential language from the
23 Land Development Regulations within an IPUD zoning district, therefore clarifying and reinforcing
24 the above intent for the zoning district; and
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ORDINANCE NO. 25-045
25 WHEREAS, the City Commission has determined that this amendment serves the public
26 health, safety, and welfare of the citizens of the City of Boynton Beach.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
28 BOYNTON BEACH, FLORIDA:
29 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
30 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
31 Section 2: Part III "Land Development Regulations," Chapter 3 "Zoning," Article III
32 "Zoning Districts and Overlay Zones," Section 2 "Residential Districts," is hereby amended to read
33 as follows:
34 PART III LAND DEVELOPMENT REGULATIONS
35 ...
36 CHAPTER 3. ZONING
37
38 ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES
39
40 Section 2. RESIDENTIAL DISTRICTS.
41
42 G. IPUD Infill Planned Unit Development District.
43 1. General.
44 a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the High
45 Density Residential (HDR) and Special High Density Residential (SHDR) future land use
46 map (FLUM) classifications of the Comprehensive Plan. This district is intended for infill
47 purposes, promoting new development and redevelopment in areas located east of
48 Interstate 95 at densities no greater than twenty (20) dwelling units per acre. This district
49 is also intended to promote water access and recreational opportunities with
50 accommodations of uses, including marine oriented and water dependent uses in both
51 mixed use developments and limited single use projects. The IPUD district includes design
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ORDINANCE NO. 25-045
52 standards that exceed the standards of the basic development standards in terms of site
53 design, building architecture and construction materials, amenities and landscape design.
54 The extent of variance or exception to basic design standards, including but not limited to
55 requirements for parking spaces, parking lot and circulation design, and setbacks, will be
56 dependent on how well the proposed project otherwise exceeds the other applicable
57 standards.
58 The IPUD shall minimize adverse impacts on surrounding property. The city is not
59 obligated to automatically approve the level of development intensity requested for the
60 IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for
61 a particular location in terms of land use compatibilities. The city may require, as a
62 condition of approval, any limitation, condition, or design factor that will provide a
63 reasonable transition to adjacent development.
64 In order to be approved, an IPUD project must be compatible with and preserve the
65 character of adjacent residential neighborhoods. Factors to consider in determining
66 compatibility may include, but not necessarily be limited to, proposed use, massing, and
67 layout. Further, it must be an enhancement to the local area and the city in general.
68 Projects that fail to do so will be denied.
69 Each IPUD project is independent and will be evaluated solely on its own merits. The
70 inclusion of certain features in a previously approved IPUD project will not automatically
71 be entertained as a valid argument for the inclusion of that same feature in any other IPUD
72 project if the city determines to reject those features.
73 b. Prerequisite Location Standards. The IPUD district creates an opportunity to promote
74 sustainability with respect to land use, energy conservation and resource management.
75 Rezoning to the IPUD district is encouraged for proposed development or redevelopment
76 on lands that are in close proximity to existing infrastructure, public and alternative
77 transportation routes and modes, employment centers, community areas, or have been
78 impacted by environmental contamination. In reaching recommendations and decision as
79 to zoning land to IPUD, the Advisory Board and City Commission shall apply the following
80 location standards, in addition to the standards applicable to the rezoning of land
81 generally:
82 (1) Any IPUD district that contains non residential uses must principally front on
83 streets classified as "Arterial" on the "Functional Classification of Roadways" map
84 in the city Comprehensive Plan;
85 (2) Any non residential component must front on the arterial roadway or on an
86 access road wholly contained within the project with neither entrances nor exit on
87 - - ' - = - - - - -- - -- - - - - - -
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ORDINANCE NO. 25-045
88 2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the
89 IPUD district and Chapter 3, Article IV, Section 3.D. ("Use Matrix Table 3-28") for a list of allowable
90 uses.
91 3. Building and Site Regulations (Table 3-12). The following building/site regulations apply to the
92 entire IPUD development.
93
BUILDING/SITE REGULATIONS 4
IPUD District
Minimum project area: None
Maximum project area: Less than 5 acres
Minimum lot frontage: Flexible'
Minimum perimeter yard setbacks:
Front: Flexible2
Rear: Flexible?
Interior side: Flexible2
Corner side: Flexible2
Maximum lot coverage: 50%
Maximum structure height: 45 feet
94
95 ' Individual lots within an IPUD development contain flexible standards relative to
96 minimum required lot frontage and lot area for each unit. Pursuant to Chapter 3,
97 Article IV, Section 3.D., a marina use shall require a minimum lot frontage of one
98 hundred fifty (150) feet and a minimum average width of two hundred (200) feet.
99 2 The minimum required perimeter building setbacks of an IPUD are flexible except
100 where adjacent to single-family residential zoning.Where adjacent to single-family
101 residential zoning, the required perimeter building setbacks of the IPUD shall
102 resemble the setbacks of the adjacent development based upon the orientation of
103 structures with said development. Also, perimeter buildings shall have an increased
104 setback of one (1) additional foot for every foot of building height in excess of
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ORDINANCE NO. 25-045
105 thirty (30)feet. If vegetation, screening, or other barriers and/or creative design on
106 the perimeter of an IPUD achieve compatibility with adjacent uses, the city may
107 grant some relief from the aforementioned requirement. A structure shall be
108 considered to be on the perimeter if there is no intervening building between it
109 and the property line. Project design along abutting roadway(s), including setbacks,
110 shall be based on existing development patterns or applicable recommendation
111 from the respective development plan.
112 3 A lesser building height may be required for compatibility with adjacent
113 development. See Note #2 above for additional setback requirements relative to
114 building height.
115 4. Review and Approval Process.
116 a. All development and redevelopment within the IPUD district shall be governed by a
117 master plan with approval granted by the City Commission in accordance with Chapter 2,
118 Article II, Section 2.D.6.
119 b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.F.
120 prior to application for building permit.
121 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V,
122 Minimum Off-Street Parking Requirements.
123 6. Modifications.Any modification proposed within the IPUD shall be in conformance with Master
124 Plan modifications pursuant to Chapter 2, Article II, Section 2.D.6.
125 7. Miscellaneous.
126 a. See Chapter 4, Article II, Section 4.B.5 for additional standards pertaining to the required
127 landscaping along rights-of-way.
128 b. See Chapter 4, Article III, Section 4. for community design standards regarding required
129 site design in instances where the subject IPUD project is adjacent to single-family
130 residential zoning districts.
131 c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards pertaining to the
132 minimum width of rights-of-way and vehicular circulation.
133 d.If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval
134 shall include a deed restriction requiring that any mina-or dockage built will not exceed
135 in width the boundaries of the project's actual frontage on the water, regardless of what
136 any other governing or permitting entity may allow or permit.
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ORDINANCE NO. 25-045
137 e. Exterior lighting of the exterior, parking areas and watercraft docking facilities of the
138 planned development shall be of the lowest height, intensity, and energy use adequate for
139 its purpose, and shall not create conditions of glare that extend onto abutting properties.
140 f. The physical attributes of the site shall be respected with particular concern for
141 preservation of natural features, tree growth, and open space.
142 g. Special emphasis shall be placed on trash collection points.
143 h. Trash containers or dumpsters must be screened and designed such that they are not
144 visible from or disruptive to adjacent properties, streets, and rights-of-way while still being
145 conveniently accessible to their users and collectors.
146 Section 3: Part III"Land Development Regulations,"Chapter 3 "Zoning,"Article IV"Use
147 Regulations," Section 3 "Use Regulations," is hereby amended to read as follows:
148 CHAPTER 3. ZONING
149 ...
150 ARTICLE IV. USE REGULATIONS
151 ...
152 Sec. 3. Use Regulations.
D. Use Matrix R-
-
(Table 3-28). P = 1- R R- IP P M C P S M M M M M
1- R- R- R- C- C- C- C- MPI P
Permitted A 1- U U H B C M U- U- U- U- U- REC
C = Conditional A A A 1 2 3 D D P 1 2 3 4 D D U 1 2 3 4C
-1 D U
A = Accessory B
ARTS, ENTERTAINMENT& RECREATIONAL
Marina, PPPPP
(including Yacht 79 11 11 11 11 11
Club) 79 79 79 79 79
153 ...
154 11. General Note. This use shall be integrated into a mixed use building or development.
155 ...
156 79. Marina, Including Yacht Club.
157 a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring
158 and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private
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ORDINANCE NO. 25-045
159 craft as living quarters provided that such craft are connected to public sewer facilities;
160 operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops.
161 b. ' _ i 9. • ' - - _ - _. - -• - -- _ _ •
162 {1) Minimum lot area: Four (4) acres.
163 (2)Minimum lot frontage:One hundred fifty(150)feet and minimum average width
164 of two hundred (200) feet.
165 (3) Maximum height: Forty five (15) feet.
166 ' -- - - - - - - . - -- --- - - - - , - - - - _ - -- -
167 marinas(see Chapter 1, Article II, Definitions)contingent upon being located within
168 an arca identified with the "Preferred" siting designation by the 2007 Palm Beach
169 __ . -- ' _ - •_ ' . . - _ • , - - = -- - - --- _ , c •:.-:
17
-
170 on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor
171 repair of boats, or components thereof, shall only occur within a fully enclosed
172 - - _ - - - -- - - - -- •- - - ' - - -- . -- - "-
173 principal uses, when combined with residential uses, in which the residential
174 component occupies twenty five percent(25%)or more of the total land arca, shall
175176 use approval.
177 (5) Boatels and the residing on boats shall be prohibited within the IPUD district,
178 - _ -- -- - - - - - - - - - - - - -- - _
179 - - . - - -
180 (6) The following uses shall be allowed as accessory to one (1) of the principal
181 marine uses described above: boat brokerages, ship's stores, tackle shops,
182
183 other launching facilities.
184 (7) Marine oriented and water dependent uses shall meet all the requirements of
185 Section 3.C.5. above, except for subparagraph (a) in that a marina may be the sole
186
187 - -
188 (8) No outdoor dry storing or stacking of boats or other related items shall be
189 allowed, except that outdoor displays arc allowed for sales purposes as long as the
190191 - -
192 parking spaces.
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193 {9) Wash down and other post use servicing shall be done within the dry storage
194 building or within an enclosed structure (e.g., three sided and roofed) designed
195 and oriented to minimize external impacts.
196 {10) Water used for flushing and other cleaning activities shall be properly
197 pretreated prior to discharge into the stormwater system, and conservation
198 measures shall be considered to facilitate reclamation/recycling.
199 {11) No outdoor speakers shall be allowed other than for low volume music that is
200 not audible off site.
201 {12) In addition to adhering to the city's sound regulations, no equipment,
202 - . - -- , - c - - - - - -- -- -- - 1.:e . - - ::ee -
203 generates noise unique to a residential neighborhood.
204 {13) See Chapter 1, Article III, Section 3.G.6. for additional design regulations for
205 commercial buildings and boat storage facilities.
206 {11) Landscaping above and beyond the regulations cited elsewhere in this Code
207 ;hall be required for all non residential buildings in excess of forty thousand
208 {10,000) square feet, in order to reduce the perceived scale and massing of such
209 Ings.
210 {15) The width of the foundation planting areas visible from streets or residential
211 properties shall be fifty percent (50%) of the facade height. The applicant may
212 submit an alternate planting plan that depicts the required screening/softening of
213
214 than twelve (12) feet in width.
215 --
216 adjacent facade or wall. Further, the height of fifty percent (50%) of the required
217 trees or palms shall be a minimum of two thirds(2/3)of the height of the building.
218 One (1)canopy tree or a cluster of three (3) palm trees shall be installed within the
219 foundation planting arca every twenty (20)feet on center along each facade visible
220 from streets or residential properties. Canopy and palm trees shall be distributed
221 along the entire facade where foundation landscaping areas are required, with
222 understory plant material arranged in the areas between the low growing shrubs
223 and tree or palm canopies. The applicant may submit an alternate planting plan
224 that depicts the rearrangement of plant material in order not to interfere with
225 required building enhances discussed herein.
226 {17) A perimeter landscape barrier shall be required between incompatible uses
227 and/or zoning districts; or where there are differences in density, intensity, or
228 building heights or mass; or for those certain uses requiring additional screening
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ORDINANCE NO. 25-045
229 in order to shield outdoor storage or operations. The barrier shall consist of a
230 decorative buffer wall of at least six (6) feet in height, in addition to a variety of
231 densely planted trees, hedges and shrubs. In areas where sufficient width is
232 provided or staff determines additional buffering is warranted, a berm may be
233 required in addition to the above regulations.
234 {18)The applicant shall demonstrate through site design and buffering how sound
235 associated with the non residential components of the project will be mitigated.
236
237 Section 4: Part III "Land Development Regulations," Chapter 4 "Site Development
238 Standards," Article III "Exterior Building and Site Design Standards," Section 8 "Open Space and
239 Plaza Requirements," is hereby amended to read as follows:
240 PART III LAND DEVELOPMENT REGULATIONS
241
242 CHAPTER 4. SITE DEVELOPMENT STANDARDS
243
244 ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS
245
246 SECTION 8. OPEN SPACE AND PLAZA REQUIREMENTS
247
248 A. General.
249 1. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as
250 central organizing elements in a large development. They can also contribute to the
251 relationship between different land uses and provide focal points and anchors for
252 pedestrian activity.
253 2. Conflict. Whenever the regulations and requirements of this code are at conflict with
254 any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most
255 restrictive shall apply. Additionally, specific design provisions within the zoning district
256 regulations of this subsection shall take precedence over the General Design Standards of
257 Section 7.B. below.
258 3. Applicability (by Zoning District).
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259 a. Mixed Use 4 (MU-4) and Mixed Use Core (MU-C) Districts. Pursuant to Chapter
260 3,Article III, Section 5.C.1, usable open space shall be required for all developments
261 two (2) acres in size or larger. Such space shall be devoted to usable open space,
262 consisting of plazas or public open space, excluding private recreation areas.
263 b. Infill Planned Unit Development(IPUD).A minimum of 200 square feet of usable
264 open space shall be required per dwelling unit pursuant to Chapter 3, Article III,
265 Section 2.G.3. The physical attributes of the site shall be respected with particular
266 concern for preservation of natural features, tree growth and open space. Interior
267 and open spaces shall meet the following criteria:
268 (1) Shall be required for residential development projects and mixed use
269 residential-projects;
270 (2) Shall be designed to be available and accessible to every dwelling unit
271 proposed;
272 (3)Shall include consolidated areas principally set aside for active or passive
273 recreational space;
274 (4) Shall, where feasible, be centrally located in the development;
275 (5) May be designed or sited in conjunction with but shall not include
276 private courtyards, landscape strips, perimeter landscape buffers,
277 preservation/natural areas, and water bodies; and
278 (6) Shall not be occupied by streets, drives, parking areas, or structures
279 other than recreational structures.
280 Section 5: Part III "Land Development Regulations," Chapter 4 "Site Development
281 Standards," Article IV "Sign Standards," Section 4 "Standards," is hereby amended to read as
282 follows:
283 PART III LAND DEVELOPMENT REGULATIONS
284
285 CHAPTER 4. SITE DEVELOPMENT STANDARDS
286
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ORDINANCE NO. 25-045
287 ARTICLE IV. SIGN STANDARDS
288
289 SECTION 4. STANDARDS
290
291 C. Permanent Signs. It shall be unlawful to affix, erect, locate, or maintain any permanent sign
292 off-premises unless otherwise authorized under this subsection. Permanent signs shall be
293 allowed in accordance with the following provisions:
294 1. Wall Sign (Affixed to Building).
Ratio of Maximum Allowable Signage
Zoning District
Area
Sign Area
(square feet) Building Frontage
Residential
Single-Family districts
R-2
PUD '
1 s.f. 5 1-foot
R-3 2
IPUD 2
CBD
Industrials
Commercial, excluding CBD
Mixed Use 1.5 s.f.3 1-foot 3,4
Miscellaneous
295 a. General. One (1) or more wall signs, which typically advertises the name of the
296 establishment, organization, product, or service, are allowed on the facade of a
297 building, provided such sign(s) and supports do not extend in excess of eighteen
298 (18) inches off of the face of the building wall, beyond the building corner, or at all
299 above the parapet. An exception may be made for architectural elements that
300 provide a roofline break such as an entry feature with a minimum offset forward of
301 the typical building wall of three (3) feet.
302 b. Maximum Sign Area (Table 4-14). The maximum allowable wall sign area is a
303 factor of the zoning district within which a building is located and the length of
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ORDINANCE NO. 25-045
304 such building. Specifically, it shall be based on the ratio of wall and to each linear
305 foot of building frontage or tenant space frontage.
306 1 Wall signs are allowed for nonresidential developments within the
307 following: 1) single-family residential districts; 2) the R-2 and PUD districts;
308 and 3) all developments containing multiple-family residential uses (in
309 excess of ten (10) dwelling units). The cumulative signage area shall not
310 exceed thirty-two (32) square feet. The top of the sign(s) shall not exceed
311 the height of ten (10) feet.
312 2 Wall signs are allowed within all developments containing multi-family
313 residential uses.
314 3 The maximum wall sign area may be increased by ten percent (10%) to
315 allow for additional signage on rear facades of multiple-tenant buildings
316 within non-residential developments (see Section 5.C.2.d below), and for
317 standalone commercial buildings with property frontage 50 feet wide or
318 less, maximum sign area is increased to 2.0 s.f. per 1 foot of frontage.
319 4 For a multiple-tenant building designed as an indoor shopping mall, the
320 maximum allowable wall sign area may be increased, provided the total
321 signage area (per wall of a major department store or center store
322 containing an exterior customer entrance) does not exceed ten percent
323 (10%) of the area for each facade.
324 5 Non-industrial businesses allowed in an industrial zoning district on an
325 arterial right-of-way under the zoning regulations would be allowed a
326 multiplier of one and one-half(1.5) square foot of wall signage per one (1)
327 foot of building frontage.
328 c. Signs on Multiple-Story Buildings. Wall signs are allowed on upper floors of
329 multiple-story buildings, but only in the following instances: 1) the building is
330 designed for and contains multiple tenants or occupants, and the entrance doors
331 for such tenants or occupants (on upper floors) are designed external to the
332 building;or 2)the sign,which indicates the name of the building or its major tenant,
333 is placed near the top of the building regardless of any external doors on upper
334 floors. In both instances however, the signage is considered "wall sign (affixed to
335 building)," and shall count toward the aggregate wall signage area. Wall signs
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ORDINANCE NO. 25-045
336 located on upper floors, excluding the building or major tenant name as identified
337 above, shall be located in front of each tenant space or bay.
338 d. Community Design Standards. See Section 5.C.2. below for additional
339 community design standards regarding wall signs.
340 Section 6: Codification. It is the intention of the City Commission of the City of
341 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and
342 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that
343 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be
344 changed to"Section,""Article,"or such other word or phrase in order to accomplish such intention.
345 Section 7: Severability. If any clause, section, or other part of this Ordinance shall be
346 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
347 or invalid part shall be considered as eliminated and in no way affecting the validity of the other
348 provisions of this Ordinance.
349 Section 8: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
350 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
351 conflict.
352 Section 9: Effective Date. This Ordinance shall take effect immediately upon
353 passage.
354 Signatures Page to Follow
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ORDINANCE NO. 25-045
,ted
355 FIRST READING this day of l) Dj-' .t!C , 2025.
356 SECOND, FINAL READING AND PASSAGE this 7day of jatytkini , 2026.
357 CITY OF BOYNTON BEACH, FLORIDA
358 YES NO
359
360 Mayor— Rebecca Shelton
361
362 Vice Mayor— Woodrow L. Hay
363
364 Commissioner—Angela Cruz
365
366 Commissioner—Thomas Turkin
367
368 Commissioner—Aimee Kelley
369
370 VOTE -o
371 ATTEST:
372
373 '
374
375 Maylee DeJ:su MC • .becca Shelton
376 City Clerk Mayor
377
378 APPRO ED AS TO Fr
379 (Corporate Seal) ----PO-TON ,1‘1
380 irk.).40RATF SV It+ at
381 ; S�p,L y Shawna G. Lamb
382 I C.):•,NCO,v,o tA'�E01 City Attorney
• 19
•
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