HomeMy WebLinkAboutDocumentation_Regular_Tab 08A_01/13/1994 x ' .�—'---1--r �
,�� � `"; �ILLAGE OF TEQUESTA
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� DEPARTMENT OF COMMUNTI'Y DEVELOPMENT
� Post Office Box 3273 • 357 Tequesta Drive
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; o Tequesta, Florida 33469-0273 •(407) 575-6220
m�, ,�� Faac: (407) 575-6203
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��Et�aR�.tv�vM
T�'� Thoma� G. Bradford, Vi11aQe Mana�er
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FROM: Scot t D. Ladd, B�a i I r3 i ncr �f r i c i a 1 .��-
DFiTE: Dec�mber 10, 1993
SUBJECT: Revis ian t� Proposed Mixed—Use C MU: �3rdinancE.
Tom, attached are eiQhteen C 18> cot�ies and the r�� 1 ine oricrinal
af the revised draft mixed—use ordinance incorporatina the
reauested chanqes t��at were expressed at the Decem��er 2, 1933
�ublic hearincr and Council meetinq. Please place the revised
ordinance on thE aQenda of an upcaminQ Gouncil meEtina for finaZ
readinQ and adoption. Thanks.
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Rervc[cd Paper
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ORl?INANCE N0. _ _ _
AN ORDINANGE OF THE ViLLAGE �OUNCIL OF THE VILLAGE OF
TE4UESTA. PALM BEACH COUNTY, FLORIDA, AMENDING ZQNING
ORDINANCE N0. 355. AS AMENDED, BY AMENDING SECTION IV,
DEFINITIONS, BY AMENDING ANDIOR ADDING CERTAIN
DEFINITIQNS; BY AMENDING SECTION V, ESTABLISHMENT OF
DISTRICTS AND OFFICIAL ZONING MAP; BY ADDING AT
SUBSECTION <A>, A NEW MIXED-USE DISTRICT; BY AMENDING
SECTION VII, �CHEDULE OF REGULATIONS AND.APPLICATION OF
REGULATIONS, BY ADDING DISTRICT MU AT SUBSECTION tC>,
SCHEDULE QF SITE REGULATIONS; BY AMENDING SECTION VII,
SCHEDULE OF REGULATIONS AND AFPLICATION OF REGULATIONS.
. SUBSECTION <D>, SCHEDULE OF DISTRICT AND USE
REGULATIONS, BY ADDING NEW PARAGRAPH <9>, MIXED-USE
DISTRICT; BY AMENDING SECTION VIII, OFF-STREET PARKING
AND LOADING REGULATIONS; BY AMENDING SEGTION X,
SUFPLEMENTAL REGULATIONS APPLYING TO A SPECIFIG, TO
SEVERAL, OR TO ALL DISTRICTS, SUBSECTION <J>, SPE�IAL
EXCEPTION USES, PARAGRAPH (2>, CRITERIA, BY ADDING A NEW
REQUIREMENT fh>; SUBSECTION tM>, SITE PLAN; PREREQUISITE
TO BUILDING PERMIT ISSUANCE, BY AMENDING PARAGRAFH (1>;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
• FRQVIDING AN EFFECTIVE DATE.
BE IT QRDAINED BY THE VILLAGE COUNGIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA. AS FOLLOWS:
Sect 1. Definitions. Section IV of the Official
Zoninq Ordinance of the Village of Tequesta, Ordinance No. 355,
f as amended, is hereby amended bp adding new and or revised
� definitions as follows:
1. Mixed -Use District. Mixed-use districts are urban
or suburban areas physically understood and limited
in size where residences, shops, workplacss, and
places in which streets serve the needs of the
pedestrian and the automobile equitably; areas
providinq parks and plazas for informal social
activitv and recreation; areas in which private
buildings farm a clear edge between the public and
the private realms; glaaes where civic buildings and
squares reinforce the identity of the neiqhborhood.
2. Persanal Services. Establishments primarily engaged
in providing services that involve the care of a
person or his or her appearance. Such services may
include, but are not necessarily to, beauty
' parlors, shops or salons, barber shops, massaqe
parlors, or any similar use that does not involve
the sale of any retail product.
Revised:
12-02-93 -
3. Small Scale Retail Sales & Service. Retail and/or
service uses that are local <Village> serving in
nature as opposed to large scale retail sales and
services which are regiona2 servinq in nature.
Small scale retail sales and services shall not
exceed 3500 square feet in gross leasable area for
each tenant arsa or individually owned unit.
4. Larqe S cale Retail Sales & S Retail and/or
service uses that are regiQnal <beyond Village
limits> servinq in nature as opposed to small scale
retail sales and services which are local <VillaQe>
servinq in nature. Larqe scale retail sales and
services are tenant areas or individually owned
units in excess of 3500 s�uare feet.
5. Bed and Breakfast. Most traditional neighborhood
ordinances provide a site for the location of a
small hatel under "Iodginq". These are buildings
providing food services and rooms for short term
lettinq. It is not intended as a large strip motel
or urban l�xury hotel, but rather as a small town
inn of the kind enioying resurgence all over the
country.
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6. Railwav _ Stativn. Most pedestrian pocket ordinances
provide a reserved site for the location of a
railway station under "Transportation Buildinq",
These are buildings for passenger mobilization, food
services, and premises for the repair, assembly or
fabrication of artifacts may also be allowed as
complementary functions within the same structure,
It is not intended as a plastic terminal buildinct of
the kind found in most suburban bus stations but as
a permanent structure that diqnifies our existence.
` 7. Public Buildings and Facilities. Any buildinq held,
� used, or controlled exclusively for public purposes
by any department or branch of government, federal.
state, county or municipal, without reference to th
ownership of the builcling or land upon which it is
s ituated.
� 8. Planned Mixed_Use Development .( PMUD>... A unif ie
development process that permits a mixture of lan
uses to develop in a creative, vital and divers
way.. Residential, commercial and public building
and facilities are the primary uses in this
development approach. Neighborhood identity i
emphasized in mixed-use areas and responsible use o
the environment and natural features is reguired.
All modes of traffic, includinq vehicular.
pedestrian, and bicycle are inteqrated into an
connect various uses. The mix and intensity of uses
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and the Property Development Standards <with the
exception of buildinq height which is limited to a
maximum six stories or 84 feet> can be fully
negotiated with the Village to provide optimum
development flexibility in mixed-use areas.
9. Flea_ N Market. An occasional or periodic sales
activity held within a bui2ding, struGture, or open
area where groups of individual sellers offer goods,
new and used, for sale to the public, not to include
private garage sales or sgeciaZ indoor/outdoor
events, i.e.; cultural events, arts and crafts fairs
or bazaars and charitable events.
Sect 2 . Section V of the Official ZoninQ Ordinance
of the Village �af Teguesta, Ordinance Nv. 355, as amended, is
hereby amended by adding a new use district at Subsection (A>
identified as use district (9> to read as follows:
t9) MU - Mixed-Use District.
Sect ion 3._ Sect ion VII, Schedule of Regulat ions and
Apglication of Regulations, is hereby amended at Subsectian tC>,
Schedule of Site Regulations, by adding district MU to the
schedule as follows:
District
MU <See special general requirements, requlations, desi_qn
principles, desiqn ob�ectives, and development standards
that apply in this district as set forth at Section
VII< D) < 9> of these requlat ions. >
Section 4. SectiQn VII. Schedule of Requlations and
i Application �of Requlations, is hereby amended at Subsection CD>,
Schedule of District and Use Regulations, by addinq new
paraqraph (9>, Mixed-Use District, as follows:
<9> MU - Mixed-use District.
ta> The purpose and intent of the mixed-use district
is to establish a Villaqe Center which creates a
vital, diverse core for the principles which
utilize mixed-use development concepts and which
permit a combination of usually separated U5B5
within a unified development district area.
Natural features should be enhanced and
environmental conditions carefully assessed.
Commercial uses are intended to be limited to
specialty small scale retail sales and services.
� busineBS services and professional services
I� primarily designed to serve residential
� neiqhborhoods of the Villaqe. Orisntation to
I and compatibility with neiqhborhoods to be
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served are essential. Residential uses are
intended to encouraqe the accomplishment of a
more complete residential livinq environment
t�rouqh the application of imaginative
apgroaches to cammunity development which
establish neiqhborhood identity and focus
consistent with values of the Villaqe vf
Tequesta. It is further the purpose and intent
of this area to provide lands for a ranqe of
residential uses from lower density sinqle-
f amil� ta hiqher density residential uses.
TraffiG circulation should not on1X accommodate
vehicular traffic, but provide for the efficient
movement of pedestrian and bicycle traffic.
� < b) Scoge of Distr ict.
1. Although mixed-use development groduced in
compliance with these provisions and
requirements and other regulations as set
forth and detailed in this Zoning Ordinance
may depart from the strict agplication of
property development requlations expressed
in this Ordinance, such developments are to
be in compliance with the Villaqe of
Teguesta Gomprehensive Development Plan and
platted of record in accordance with the
procedures for approval of subdivisian plats
in the Villaqe of Tequesta Subdivision
Regulations. The mixed-use development
prov�n� set forth in this Section shall
be ����ra-�� � ����°°�'� in the review
of all, f uture development""proposals f or the
special planning area as identified in
Pol icp 1. 12. 1 of the Future Land Use
Element, as designated on the Future Land
U5e Map contained in the Village of Tequssta
Comprehensive Deve2opment Plan and as
identified on the Village of Tequesta
Comprehensive Zoninq Map as District MU.
<c> Conflict with Other Applicable Requlations.
1. Where conflicts exist between these mixed-
use district special requlations and qeneral
zoning, subdivision and other applicable
ordinance provisions, these special
regulations shall apply.
(d> General Requirements and Special Requlations.
1. The following qeneral requirements and
special regulations shall apply to planned
mixed-use development within the mixed-use
district:
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a. Location. A planned mixed-use develop-
ment., is permitted only in the special
planning district identified by Policy
1.12.1 of the Future Land Use Element,
as desiqnated on the Future Land Use Map
c�ntained within the Villaqe of Tequesta
Comgrehensive Development Plan and as
identified on the Village of Tequesta
Comprehensive Zoning Map as District MU.
b. Gonf igurat ion of Site. Any tract af
land for which a planned mixed-u�e
developanent application is made shall
conta in suf f ic ient width, depth, and
frontaqe on a publicly dedicated
arterial or ma�or street or appropriate
access thereto to adequately accommodate
its progosed use and desiqn.
c. Unity of Title. All land included for
purpose of development within a planned
mixed-use development shall be under
Unity of Title of the petitioner for
such zoning designation, whether that
petitioner be an individual, partnership
or corporation, or a qroup of
� individuals, partnerships or
corporations. The petitioner shall
present firm evidence of the Unity of
Title of the entire area within the
proposed planned mixed-use development
and shall state agreement that, if he
proceeds with the proposed development,
he will:
< 1> Do so in accord with the off icial ly
approved site plan of the
development, and such other
conditions or modifications as may
be attached to the approval.
<2> Provide aqreements, covenants,
contracts, deed restrictions or
sureties acceptable to the Village
� for comgletion of the undertakin_q in
accordance with the appraved site
I plan as well as for the continuing
i operation and maintenance of such
� areas, functions, and facilities as
are not to be provided, operated or
maintained at general public
expense.
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<3> Bind his development successors in�
title to an�_commitments made under
< 1> and < 2> above.
d. Density. For the purpose of thisi
provision, if dwelling units are to be�
developed as part of a progosed;
development within the mixed-usei
district, the total number of dwelling
units permitted in the mixed-use
district shall be computed on the basis�
of eightesn <18> dwelling units perl
qross acre for all residential uses with�
' the exception of ACLF's which shall be!
computed on the basis of twenty-four�
<24> dwellinq units per qross acre. i
e. Buildinq Heiqht. The maximum buildinqi
heiqht allowed shall be six <6> stories
or e ighty, -f our f eet < 84' > above averaqe!
f inish grade. �
< e> Site Plan Review. �
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In adherence to Pol ic� 1. 12. 1 of the Vil lage of
Tequesta Comprehensive Development Plan Future Land.
Use Element, all proposed development plans far thel
mixed-use district shall be sub�ect to review and�
approval by the Villa_qe Council. i
<f> Urban Design Principles. �
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1. The followinq�-�irban design principles shall be�
considered_�`'��n all development proposals of the�
� mixed-use district. �
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a. That mixed-use promotes economic and social�
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b. The streets serve the needs of thel
� pedestrian and the automobils. ;
I c. That proposed squares and plazas provide�
collectiue identity and a place for socialj
activity and recreation. 4
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d. That public buildings, facilities, ans�
spaces are symbols of the community anc�
convey identity and pride throuqh their�
architectural clarity and civic functions. �
e. That carefully placed buildings delineat
and define public spaces and lots an
blocks.
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f. That streets are desiqned and act as�
amenities to the development and_�� quality�
public space. �
<g> Urban Desiqn Ob�ectives:;
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1. The followin �urban desiqn obiectives shall be
considered,�i�all development proposals of the�
mixed-use district".
a. To bring man,y of the activities of daily
livinq, includinq dwellinq, shapping and
other activities, within walking distanGe. (
b. To reduce the number and lenqth of;
automobile trips to relisve traffici
conqest ion. �
c. To provide internal vehiGUlar cirGUlation to�
relieve traffic impact on arterial roads. !
d. To provide defined public spaces and streets
that allow the citizens to observe and watch�
over the collective security.
e. To provide sites for civic buildings. j
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f. To provide flexibility foz the development
strategies that evolve over time.
(h> Permitted Uses. �
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1. Sinqle-family dwellinqs. '
2. Two-family dwellings. I
3. Multiple-family dwellinqs. �
� 4. Small-scale retail sales and service.. (
* 5. Business services. .
� 6. Professional services. �
� 7. Personal services.
8. Recreation/Open Space. i
* Maximum 3SQ0 square feet gross leasable area allowed�
for each tenant area or individually owned unit. �
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( i> SpeGial Exception Uses. �
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1. Restaurants <iricluding carry-out> I
2. Public buildings and facilities. I
3. Church/House of Worship. I
� 4. Civic/culturallinstitutional. i
5. Bed and breakfast. j
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6. Hotel
7. Adult conqregate living facility (ACLF>. �
S. Gasol ine service stat ion t only front inq on U. S. i
Hwy. One>.
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9. Private clubs. �
10. Railway station.
11. Planned residential development tPRD>.
12. Planned commercial development <PCD>. i
13. Permitted Uses Numbers 4, 5, 6, 7& 8 in excess
of 3500 square feet Clarge scale retail sales
and services)� � �, <�' .t.., ... ;_,-,.,, ..�.� �; - . .; :/ ,�;-
�--��.�� �-�-� �-����-�ti�:�'� �_:F�.� d�-.,G�,�;t:�-; .
(j> Accessory Uses.
1. Any accessory use customarily incidental to a
permitted use.
2. Private garaqes, swimminq pools, spas and hot
tubs, cabanas and saunas, greenhouses, tennis
courts, clubhouse, utility buildings, gazebos,
and any other similar use deemed agpropriate by
the Building Off icial. i
<k> Planned Mixed—Use Development tPMUD>.
1. Reguired for all permitted, special exception.
and accessory, uses within the mixed—use district
except lots or parcels of less than three (3>
acres.
<1> Prohibited Uses.
1. Wholesale. �
2. Warehouses. (
3. Car �tash <that is not an accessory use). (
4. Motel.
5. Motor vehicle dealer. �
6. Pawn shop.
7. Full service fuel station/gasoline service�
stat ion.
8. Flea markets — indoor or outdoor.
9. Automobile repair facilities, includinq garaqes
and bady shops. i
10. Kennels or pet hospitals with boarding
facilities.
11. Any other use or structure not specificall,y or
by reasonable implication permitted herein as a
• permitted use, special exception use or
accessory use. I
(m> Property Development Standards. I
Property development standards for the mixed—usei
district shall be as set forth below. However, as
part of the review and approval process by the�
Villaqe, the Villaqe Council may modify the property
development standards, at its discretion, provided�
the spirit and intent of the regulations and�
standards are complied with in the development ofj
the mixed—use district. �
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1. Parking Requirements. On-street and off-street
parking shall be allowed within the mixed-usel
district and the minimum number of requiredl
I parking spaces to be provided may include a�
combination of on-street and off-street spaces.�
When usinq on-street parkinq to meet a portionf
of the required parkinq for a proposed proiect.i
only those spaces that lie within the street
frontage areas of the property may be included
in the total calculations for meetinq the
minimum required parkinq requirements. ,
2. Streets/Rights-of-Way. The minimum width of
riqhts-of-ways. within the MU district are as
follows: ;
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a. Ma�or street < col lector strest> - Fifty < 50' > feet. �
b. Minor street < col lector street> - Fifty < 50' > feet if �
two street.
Forty-twa < 42' > feet I
I if one-wa,y street. �
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3. Drainaqe (streetslriqhts-of Raised eurbl
and gutter drainage systems shall be the�
preferred method utilized within the MOi
district. Alternate drainage systems shaZl bei
approved at the discretion of the �illaqel
CQUncil during the site plan review process for'
a proposed planned mixed-use development tFMUD>. �
4. Schedule of Site Regulations. �
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a. Minimum lot size: 3200 square fest �
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I b. Minimum lot width: 40' < feet> I
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c. Maximum lot coverage: �
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Residential - 62�s <percent)
Commercial 60Rs<percent) for a sinqle
minimum sized lot. �
- 70� <percent> for two or more lots i
or parcels in excess of the
minimum sized lot under unity-�
I of-title. ;
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I d. Minimum front yard setback: �
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I Residential - 10' <feet> '
Commercial - 0' <feet> '
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e. Minimum side yard setback: I
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Residential - 0' <f eet) on one side i
7' <f eet> on remaining side I
Commercial - 0' <fest> on both sides where (
commercial abuts commercial
?' <feet> where commercial abuts i
residential �
f. Minimum rear �ar� setback: I
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Residential - 10' <f eet> i
Commercial - 0' Cf eet> where commercial abuts
� commercial �
- 10' <feet> where commercial abuts j
residential �
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g. Minimum living area requirements: Not applicahle. {
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h. Minimum landscaped/open space; �
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Residential - 25� <percent> i
Commercial - 25Rs tpercent) i
Section 5, Section VIII, Off-Street Parkinq and Loading!
Requlations, is hereby amended at Subsection <H>, Off-Streetf
Parking Space Requirements, by amending Subsection <H> to reatl;
as follows: (
<H> Off-Street Parking Space Requirements. <Certain of�
these requirements may be in conflict with the,
special parking requirements set forth in the;
Progerty Development Standards for use within thej
MU, Mixed-use District. Where a conflict exists,�
the Property Development Standards of the MU!
District shall apply.? !
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Section 6. Section X, Supplemental Re_qulations applyingl
to a specific, to several or to all districts, is hereby amended!
at Subsection <M), Site Plan; Prerequisite to Building Permit�
issuance, by amending Paraqraph (1> to read as follows: ;
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< 1> Site Plan Review. By the terms of this Ordinance.;
all permitted uses in all zoning distr-icts, except R-i
lA and R-1; all special exception uses as approved:
by the Villaqe Council; all planned residential�
development (PRD), planned commercial development`
(PCD>, planned mixed-use development (PMUD>; all;
miscellaneous development and redevelopment; all;
subdivisions; and, all uses or construction lyin_q.
partially or entirely in special flood hazard areas�
shall: i
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Section 7. Severability. If any provision of this
Ordinance. or the application thereof is held invalid. 5uch
invalidity shall not affect the other provisions or applications
of this Qrdinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of
this Ordinance are hereby declared severable.
Secti 8 . Codification. This Ordinance shall be
codif ied ~ and made a part of the 4ff icial Code of 4rdinancss of
the Village af Tequesta.
Section 9. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law. I
THE FOREGOING ORDINANGE was offered by
Councilmember , who moved its
adoption. The Ordinance was seconded " by
Counc i 2 member .� ____ _____�____�_, and upon be ing put
to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION � i
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The Mayor thereupon declared the Ordinance duly passed
and adopted this __ ______ day of _ _ . 1993.
MAYOR OF TEQUESTA �
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Ron T. Mackail
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ATTEST:
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Villaqe Clerk �
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