Ordinance 2022-4527 C-PS2 Development Regulations—4th Street Overlay
ORDINANCE NO. 2022-4527
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED
"LAND DEVELOPMENT REGULATIONS," BY AMENDING
CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 18, ENTITLED"PS PERFORMANCE
STANDARD DISTRICT," BY AMENDING SECTION 142-693,
ENTITLED "PERMITTED USES," TO MODIFY AND AMEND
PERMITTED, ACCESSORY AND CONDITIONAL USES WITHIN
THE C-PS2 ZONING DISTRICT SOUTH OF FIFTH STREET; BY
AMENDING SECTION 142-698, ENTITLED "COMMERCIAL
PERFORMANCE STANDARD AREA REQUIREMENTS," BY
AMENDING MAXIMUM PERMITTED HEIGHT WITHIN THE C-
PS2 ZONING DISTRICT LOCATED SOUTH OF FIFTH STREET;
AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, on February 9, 2022, the Mayor and City Commission adopted Ordinance
No. 2022-4471 which established height incentives for the purpose of developing Class A office
buildings in an effort to diversify the City's economy; and
WHEREAS, the height incentives are most appropriate for the portions of properties that
are located closest to 5th Street; and
WHEREAS, the City seeks to provide for an appropriate transition between the higher
intensity commercial corridor along 5th Street and the lower intensity multifamily areas to the
south; and
WHEREAS, the City seeks to insulate the residential areas to the south of Fourth Street
from the potential impacts of transient and entertainment uses; and
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety, general welfare, and morals of its citizens; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations," at Article II, entitled "District
Regulations," at Division 18, entitled "PS Performance Standard District" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
* * *
Sec. 142-693. Permitted uses.
(a) The following uses are permitted in the performance standard districts:
General Use R-PS R-PS C-PS RM-PSI
Category 1, 2 3, 4 1, 2, 3, 4
Single-family; P P P P
townhome; apartment; Apartment Apartment
apartment hotel hotel hotel
pursuant to section 142- not permitted not
1105 of this chapter permitted
Hotel and suite hotels N P P N
pursuant to section 142-
1105 of this chapter
Hostel, pursuant to N N Not N
section 142-1105 of this permitted
chapter in C-PSI,
C-PS2;
Permitted
in C-PS3
and C-
PS4
Commercial N N P P
8% of
floor area
Institutional C C C C
1.25% of
floor area
Accessory outdoor bar N N P* N
counters, provided that North of
the accessory outdoor 5th Street
bar counter is not only
operated or utilized
between midnight and
8:00 a.m.; however, for
an accessory outdoor
bar counter which is
adjacent to a property
with an apartment unit,
the accessory outdoor
bar counter may not be
operated or utilized
between 8:00 p.m. and
8:00 a.m.
Entertainment N N N N
establishments, outdoor
entertainment
establishments, and
open air entertainment
establishments
Neighborhood impact N N C N
establishments However, in the R-PS4
district, this use is
permitted, as an
accessory use in
oceanfront hotels with
250 or more hotel units,
as a conditional use.
Access to the
establishment entrance
shall be only from the
interior lobby of the
hotel and not from the
street. In addition, in the
R-PS4 district, this use
is also permitted as an
accessory use to an
oceanfront apartment
building with more than
300 units that is
adjacent to a park, as a
conditional use,
provided that the
accessory use is
located in a separate
building from the
primary use, and the
accessory use is a
minimum of 8,000
square feet in size.
Accessory P* P* P* P*
Alcoholic
beverage
establishments
pursuant to the
regulations set
forth in chapter
6 are
prohibited in
the RPS-1
district, unless
otherwise
specified.
Convenience stores, Not
tobacco/vape dealers, permitted
package stores and the in that
retail sale of alcohol for portion of
off-premises the C-PS2
consumption district
south of
Fifth
Street
P—Main permitted use C—Conditional use N—Not permitted
*—Accessory use only
Floor area in the RM-PS1 district refers to total floor area in project. Commercial uses in
RM-PS1 limited to stores and restaurants.
(b) For purposes of this section, a car wash, filling station and any use that sells gasoline,
automobiles or automotive or related repair uses are considered as industrial uses and are
not permitted within any PS district in tho redevelopment area.
(c) For purposes of this section, pawnshops and dance halls and entertainment establishments
are not permitted as a main permitted or accessory use within any PS district south of Fifth
Street.
* * *
(j) Reserved.
(k) The following additional regulations shall apply to properties located within the C-PS2 district
that are within 100 feet of the north side of 4th Street. In the event of a conflict within this
division, the following provisions shall control:
al Outdoor music and television sets shall be prohibited within 100 feet of the north side
of 4th Street, unless approved by the Planning Board as a conditional use, pursuant to
chapter 118, article IV of this Code. Outdoor music and television sets shall not
exceedan ambient volume level (i.e. a volume that does not interfere with normal
conversation).
gj Entrances/exits to/from hotels, apartment hotels, and suite hotels, as well as food and
beverage establishments serving alcohol, shall be limited to side streets only, and shall
not be permitted on 4th Street. Additionally, a minimum setback of 25 feet from the north
side of 4th Street, for all public entrances to the aforementioned uses, shall be required.
Notwithstanding the foregoing, this subsection shall not be applicable to existing
contributing structures.
* * *
Sec. 142-698. Commercial performance standard area requirements.
(b) The commercial performance standard area requirements are as follows:
Commercial Subdistricts
Performance C-PS1 C-PS2 C-PS3 C-PS4
Standard
Minimum lot 6,000 square 6,000 square • 6,000 square 6,000 square
area feet feet feet feet
Minimum lot 50 feet 50 feet 50 feet 50 feet
width
Maximum 40 feet; 75 feet 50 feet—East of Non- 150
building height for the Block 51 Lenox Avenue oceanfront-80 Notwithstanding
Properties, the 75 feet—West of feet the above, the
Block 51 Swap Lenox Avenue Oceanfront— design review
Property, Block 100 feet board or historic
52 Properties, preservation
and Block 1 board, in
Properties accordance with
the applicable
review criteria,
may allow up to
an additional five
feet of height, as
measured from
the base flood
elevation plus
maximum
freeboard, to the
top of the
second floor
slab. This
provision shall
not apply to
existing historic
districts Or
existing overlay
districts (existing
as of 7/26/2017),
or commercial
buildings
immediately
adjacent to
residential
district not
separated by a
street. However,
an applicant
may seek
approval from
the historic
preservation
board or design
review board, as
may be
applicable, to
increase height
in accordance
with the
foregoing within
any historic
district or
overlay district
created after
7/26/2017
Maximum floor 1.0; 1.5 for the 2.0 2.5 2.5
area ratio Block 51
Properties and
Block 52
Properties, and
2.0 for the Block
1 Properties
Residential Pursuant to all Pursuant to all Pursuant to all Pursuant to all
and/or hotel R-PS2 district R-PS3 district R-PS4 district R-PS4 district
development regulations, regulations, regulations regulations,
except except except except
maximum maximum maximum floor maximum floor
building height building height area ratio shall area ratio shall
for residential for residential be 2.5; on the be 2.5, and open
and mixed use and mixed use Goodman space ratio 0.60
buildings shall buildings shall Terrace and measured at or
be 75 feet be 75 feet Hinson Parcels, above grade
the FAR shall be
that necessary
to achieve
305,500 sq. ft.
(estimated at 3.2
FAR), and 300
ft. height
maximum for the
Goodman
Terrace and
Hinson Parcels,
and open space
ratio 0.60
measured at or
above grade
Minimum New New New New
apartment unit construction— construction— construction— construction—
size (square 650 600 550 550
feet) Rehabilitated Rehabilitated Rehabilitated Rehabilitated
buildings-400 buildings-400 buildings-400 buildings-400
Non-elderly and Non-elderly and Non-elderly and Non-elderly and
elderly low and elderly low and elderly low and elderly low and
moderate moderate moderate moderate
income income income income
housing-400 housing-400 housing-400 housing-400
• Workforce Workforce Workforce Workforce
housing-400 housing-400 housing-400 housing-400
Average New New New New
apartment unit construction— construction— construction— construction—
size (square 900 850 800 800
feet) Rehabilitated Rehabilitated Rehabilitated Rehabilitated
buildings-550 buildings-550 buildings-550 buildings-550
Non-elderly and Non-elderly and Non-elderly and Non-elderly and
elderly low and elderly low and elderly low and elderly low and
moderate moderate moderate moderate
income income housing-400 housing-400
housing-400 housing-400 Workforce Workforce
Workforce Workforce housing-400 housing-400
housing-400 housing-400
Minimum floor area per hotel unit 15% = 300-335 square feet; 85% = 335 + square feet
(square feet) in all districts.
Minimum parking requirements Pursuant to chapter 130 and section 142-702
requirement.
Minimum off-street loading Pursuant to chapter 130.
Signs Pursuant to chapter 138.
(c) Notwithstanding the above height restrictions,existing structures within a local historic district
are subject to section 142-1161.
(d) Notwithstanding the above floor area ratio limits, 75 spaces of required parking located on
Block 51 for the Retail Parcel pursuant to a covenant under section 130-36, shall not be
counted as permitted floor area. Further, the floor area on the Block 51 Properties and the
Block 51 Swap Property may be distributed among such properties by covenant in lieu of
unity of title; and the floor area on the Block 1 Properties may be distributed among such
properties within the block by covenant in lieu of unity of title.
(e) Notwithstanding the building height regulations set forth above, for unified development sites
in the CPS-2 district with a lot line on the south side of 5th Street, which are located west of
Jefferson Avenue, the maximum building height for office buildings is 75 feet.
Notwithstanding the building height regulations set forth above, in the C-PS2 district, the
maximum permitted height within 100 feet of the north side of 4th Street shall not exceed 50
feet, regardless of the use of the property. This paragraph shall not apply to unified
development sites governed by subsection 142-698(e).
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended;that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of Akveiv.her , 2022.
Dan Gelber, Mayor
ATTEST:
Rafael . Granado, City Clerk. NOV ' I 2022
i�\�`�"'g • ��,, APPROVED AS TO
` '', FORM AND LANGUAGE
kUiCORPjORAATED' & FOR EXECUTION
trF. ..25 = l -ZZ
City Attorney Date
First Reading: September 14, 2022
Second Reading: October 26, 2 22
Verified by:
Thomas R. Mooney, AIC
Planning Director
T:\Agenda\2022\8_September 2022\Planning\CPS2 Regulations-4th Street Overlay-First Reading ORD.docx
Ordinances - R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: November 16, 2022
5:01 p.m. Second Reading Public Hearing
SUBJECT:C-PS2 DEVELOPMENT REGULATIONS -4TH STREET OVERLAY
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 18, ENTITLED "PS PERFORMANCE
STANDARD DISTRICT," BY AMENDING SECTION 142-693, ENTITLED
"PERMITTED USES," TO MODIFY AND AMEND PERMITTED,
ACCESSORY AND CONDITIONAL USES WITHIN THE C-PS2 ZONING
DISTRICT SOUTH OF FIFTH STREET; BY AMENDING SECTION 142-698,
ENTITLED "COMMERCIAL PERFORMANCE STANDARD AREA
REQUIREMENTS," BY AMENDING MAXIMUM PERMITTED HEIGHT
WITHIN THE C-PS2 ZONING DISTRICT LOCATED SOUTH OF FIFTH
STREET; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On September 17, 2021, at the request of Commissioner Mark Samuelian, the City
Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC)
pertaining to quality-of-life strategies for dealing with future and existing apartment hotels in the
South of Fifth area (C4G). On October 19, 2021, the LUSC discussed and continued the item
to the December 2021 LUSC meeting with the following direction:
1. The Administration shall further study potential strategic increases in FAR and height within
the R-PS1 and R-PS2 districts for the limited purpose of incentivizing the conversion of existing
apartment hotels to residential use.
2. The resident supervisor requirement for apartment hotels shall be fully enforced in
conjunction with the Customer Service and Code Compliance Departments. An update will be
Page 973 of 1416
provided to the LUSC.
3. The Administration will prepare a draft for a 4th Street Overlay.
4. In conjunction with the Parking and Police Departments, the code provisions regarding the
use of handicap placards shall be enforced and an update will be provided to the LUSC.
5. A separate meeting with affected residents shall be scheduled with the Transportation
Department to provide a status update on the traffic calming initiative for the South of Fifth
Street area. The Transportation Department will look at how this traffic calming initiative may be
accelerated, as well as temporary improvements such as bumps. An update will be provided to
the LUSC.
6. A meeting will be organized with all applicable City Departments and affected stakeholders
within the South of 5th area to further discuss ways to improve residents' quality of life and
provide an update to the LUSC.
The December 2021 LUSC meeting did not take place, as Commission Committees had not
been appointed. The item was automatically deferred to the first available LUSC meeting of
2022.
On February 11, 2022 the LUSC discussed the item and took the following action:
1. Recommended that the City Commission transmit the proposed LDR amendment pertaining
to FAR and Height incentives for converting existing apartment hotels to residential to the
Planning Board for review and recommendation.
2. Continued the remainder of the item to the April 8, 2022 LUSC meeting to discuss the
following:
a.An update on the enforcement of apartment hotel provisions, including all violations issued to
date, and recommendations for enhanced penalties.
b. Updated information on the maximum occupational load for hotel units under the Florida
Building Code and Life-Safety Code.
c. The framework for a potential 4th Street overlay.
On April 8, 2022 the LUSC recommended that the proposal for a 4th Street Overlay be referred
to the Planning Board, for consideration as an Ordinance Amendment. On May 4, 2022 the City
Commission referred the proposed 4th Street Overlay to the Planning Board.
The sponsors of the proposal are Vice Mayor Alex Fernandez and Commissioner RickyAmola,
ANALYSIS
PLANNING ANALYSIS
The attached Ordinance creates an overlay for properties zoned C-PS2 and located between
4th and 5th Streets. The following is a summary of the key provisions of the proposed overlay
along 4th Street, which would be prospective (existing uses and developments would be
grandfathered):
Building Height
To address the potential future issues of context along the north side of 4th Street, maximum
Page 974 of 1416
overall building height is proposed to be limited to 50 feet within the first 100 feet on the north
side of 4th Street, regardless of use. A maximum height of 50 feet within this portion of the
overlay would still allow for an appropriate and sensible distribution of the maximum FAR of 2.0.
Additionally, under the certificate of appropriateness criteria in the Code, the Historic
Preservation Board has significant latitude in requiring adjustments to overall building height,
massing and the distribution of allowable building volume.
The Administration does not recommend limiting building height to anything less than 50 feet
within any portion of the proposed overlay, as it could disproportionally affect smaller lots and
development sites that do not have enough area to distribute the maximum allowable FAR. In
this regard properties within the C-PS2 district have a maximum FAR of 2.0. As such, some
flexibility in terms of overall building height is needed to allow for adequate architectural latitude
in the distribution of this allowable volume.
Alcoholic Beverage and Transient Use Restrictions
The following regulations would apply to properties located between 4th Street and 5th Street
within the C-PS2 district, including more specific regulations for portions of properties within
100 feet of the north side of 4th Street:
• Outdoor ambient music and television sets would be prohibited within 100 feet of the north
side of 4th Street, unless approved by the Planning Board, pursuant to the Conditional Use
criteria.
• Access points to hotel uses, as well as food and beverage establishments serving alcohol,
would be limited to side streets only, and would not be permitted on 4th Street. Additionally, a
minimum setback from the north side of 4th Street, for all public entry points, is required.
• Certain nuisance uses have been added to a list of prohibited uses for the larger C-PS2
district. These uses include convenience stores, smoke/vape stores, package stores and the
retail sale of alcohol for off premise consumption.
The regulations contained in the attached draft Ordinance are intended to create a buffer
between the potentially more intense future uses permitted in the C-PS2 district on the north
side of 4th Street and the lower scale residential uses on the south side of 4th Street. The
Administration believes the regulations in the proposed overlay represent a careful balance
between tangible development within the C-PS2 district and providing a sensitive transition to
the residential areas to the immediate south.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on July 26, 2022 and transmitted the Ordinance to the
City Commission with a favorable recommendation(6-0).Additionally, pursuant to the request of
an affected property owner,the Planning Board recommended the following sentence be added
to Sec. 142-693(k)(2):
Notwithstanding the foregoing, lots improved with a contributing historic structure(s) shall be
exempt from compliance with this subsection 142-693(k)(2).
This change would allow for existing, contributing buildings to provide access to transient uses,
as well as food and beverage establishments serving alcohol, directly from 4th Street. The
Page 975 of 1416
subject Ordinance includes this recommendation and the Administration is supportive of this
modification.
UPDATE
The subject Ordinance was approved at First Reading on September 14, 2022 with no
changes.
SUPPORTING SURVEY DATA
Enhance Residents Quality of Life
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Vice-Mayor Alex Fernandez and Commissioner Ricky Arriola
ATTACHMENTS:
Description
o Form Approved ORDINANCE
o Ad
Page 976 of 1416
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Oral.*RPS1 a data run Sur Kate.Fen 9Oa1 tl t0aderoyl an mgmle INTERESTED PARTIES are eRrited In take part m Ina meeting or be represented by an agent.The public may submit
Fad w b w doe Komi*FAR easn40,An el 20 rid 2.75 nen Diable RPS4 6Om leer.narit ono amesy0 T•0n ele Oren written comments by sending an email to:cdvaerk/mlam/tack lnoq by 5:00 p.m.the day before the City Commission
■i.plow de,an aeusyn rukanwaL el pe"dly.0 a wnoblre urn kerlYe a doom ray a taA•n,eau pw"pnyr o Meeting Please identity the Agenda Rem Number in theemad Subject Pe.EmalE reatiw0w4 be forwarded to the Mayor
ce rynlnw 242
e, N./Nemo. 243 and Commissioners and will be included as a pact of the meeting record.
Wan .. __.._..._._....__. ._.__..__...___.__ .. _...... .7 Copies of Agenda Items are available for public inspection at:bgbs9/yaw.mamibeachtlgwlcilwhaI7CAVslerkL
Refer R••ea Referendums aeendaarchremamaa01s2/.This meeting,or Items therein,maybe continued,and under such circumstances.
pfinrW p urn Ylane Mach any
Ralsimam a Weld Rand I adddlonal legal notice need not be provided.
FAR Mena.ter Rsadhrl•l and Gill.Yew•n W.Nnaton Avenue pr.r••fa one bit atoll Pursuant to Section 2860105.Fla Slat.,the City hereby advises the pubic that if a person decides to appeal any
Coy ChM.requires win etwa.e bob•eaowure a laawdr's Baer era.rain rrvn•l Ina 011 r•quhW bulO.9 dos decision made by the City Commission concerning any matter considered at Ifs meeting ads HEARING,such person
FAR on Id Strut Owen lb0e+ed reel eee a wuvrnydodeenue between 1el•d 2nd sowat a 1.0.reaw1 Remo*FAR ewe 20. must ensure that a verbatim record 0f the proceedings 6 made,when read IMkldeb the testimony and evidence upon
Stall/City recreate MP Iron,La to20 in 1s Weer n.erl.o.wln FAR•roeoeee horn 20 re 2.7 Or redwrDmenes that Include which the appeal Ito be based.Tees note does not constitute consent by the City for the nlroterction or admission el
n.pnar or alb uses.and Drarb4 motels end.nafanm renters?
•otherwise lnadmisslble or irrelevant!Warne,nal does ti authorize challenges or appeals not otherwise allowed by law.
leceeln0 awl FM urn ea*reelhodel y de Ostrow en Wyrdnetn Awn.,entre lea.The•1 y
10 Cara Caro0Wcewl de le Corded Wipe qua les.emb1e.apreetnel....lenb dal co.teame do u0aecldn del eualo(FAR.
To request this mdtellal m an alternate fOmtal,sip linpuag!interpreter(Ineday notice required).n10r111aIlOn
per sue ryes es 1rwlwl la miners en la quota Clud•d regard el l.meno de as elBecenes) on access for persons with disabilities,and/or and accommodation Is review any document or participate in any
El FM an IN Strew Overby[Okada end IadD eau de Waning!.Awns,care 1w tabs 1 y 2i es de 10,.ungw•ntenwmone Cilysponeored proceedings,cat 305.5042489 and select t ler English or 2 for Spanish.then option 6;TTY users may
din erred cat via 711(Flonda Relay Service).
(D.O.r4 la Ciudad wn,anur el FAR do 10 a 2.0 n tit Steel onnay,con un o.:.nln0 del FAR de 2 0.2.7 pars nu•wa oroyelw
qua.alWen el use reelderel ode acres y neoNO.n ins Wades y ins"Wares a taro damn The Coy Commission Meeting well be bmadast Ind on Miami Reach TV(MBTVI,ne.rable on the Cdy'S websde
eneetll FAR pas lllaa•pe Raedamyal di end w•WnRinpten Awnw ern lr et and Wwl at btlgra(1w.jn mibeat mom! nmenVmbevf.as well as on Breerelre Cable channel MAL AT&T Worse
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regimen.d1Nr.yn Wang, bOge/i1WM 4teb0011.co'VcilnOiniam gin.
FAR non 10 Sw•1 Owday Rr bWr4a non sea R.Weehingbn Avenue aril lel•k Ind SVaeq a 10,limas FM amen an le 2.0 L r �' �,'�I B EAC H R21ael E.Granada,CM Clerk
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