HomeMy WebLinkAboutP&Z MINUTES OCTOBER 01, 2009Planning & Zoning Minutes
October 1, 2009
35 North Id East Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Commissioners Attending;
Winston Dyer — Chairman
Ted Hill Nephi Allen
Thain Robinson Gil Shirley
Mary Ann Mounts
Chairman Dyer opened the meeting at 7:04 pm.
CITY OF
MXBURG
IW
America's Family Community
City Staff and Others.-
Val
thers:Val Christensen — Community Development
Director
Steve Christenson — IT Director
Stephen Zollinger — City Attorney
Elaine McFerrin — P&Z Coordinator
Roll Call of Planning and Zoning Commissioners:
Mary Ann Mounts, Gil Shirley, Winston Dyer, Thaine Robinson, Ted Hill, Nephi Allen
Dan Hanna and Richie Webb were excused.
Minutes:
1. Planning and Zoning meeting -- September 17, 2009
Thaine Robinson motioned to approve the Planning & Zoning minutes of September 17, 2009.
Nephi Allen seconded the motion.
None opposed. Motion carried.
Public Hearings:
Chairman Dyer briefly explained the public hearing process.
7:05 pm — Conditional Use Permit — Nauvoo House —175 W. 5' S.
Christopher Carr,1434 E. 820 N., Orem, UT. He is part owner of the Nauvoo House project, which
they purchased in March of 2009. The complex currently has 63 units of single student housing.
They wish to add 45 more units. He pointed out the existing buildings and the planned new building
locations on the projected map. They want to add 5 buildings, including a manager's residence with
student storage space and maintenance space. There would then be space for approximately 250
more students. They are looking to build immediately. They want to keep the look and feel of the
current Nauvoo House. It is an asset to the community. Feedback from students is very positive.
Nauvoo House is a newer complex that is well maintained and was featured in the housing
magazine. Rather than having one long building, they are breaking the buildings up into smaller
units. The buildings will be connected with shared flights of stairs and a breezeway. Each building
would be 120 feet long, with a different roof line level.
The elevations were shown on the screen.
Chairman Dyer noted the developers are taking advantage of the PEZ Zone in reduction of
parking spaces. Are they intending to provide some spaces in the universal parking area that the
University is planning?
Chris Carr said they are not intending to provide parking spaces at this time in the universal parking
area that the University is planning.
Chairman Dyer said in return for the reduction in parking offered in the PEZ Zone, there are
some requirements for the developer in terms of making the project more pedestrian friendly,
including pathways and connectivity, bicycle parking, etc.
Christopher Carr said they will provide 67 or 68 percent parking, so they are not reducing parking
spaces a lot. They will comply with the PEZ ordinance. Additional bike parking is not planned at
this point. They currently have 130 covered, lighted bicycle stalls. It is felt this amount is more than
enough — they are at 200 percent. The sidewalk follows the entire length of the property and is and
will be well maintained by the complex.
Thaine Robinson asked how many parking stalls are planned
Mr. Carr said they will have approximately 450 spaces by the end of the project.
Thaine Robinsow asked what was going down the center of the parking lot shown on the site plan
layout.
Mr. Carr said the center is a median for dumpsters that they will enclose, a maintenance facility, and
snow storage areas. It will be pedestrian friendly. Potentially they would like to add volleyball or
basketball courts.
Thaine Robinson said the PEZ Zone offers some leniency to the developer, but he does not see
on this site plan any green scapes or other amenities for the students such as a basketball court. All
that is shown is a lot of parking spaces. He asked about snow storage and removal; the intended
areas were pointed out on the projected map by the applicant.
Mr. Carr said there will also be areas for a basketball or volleyball court that could also store snow.
They may haul snow out or around back on the street side.
Mary Ann Mounts said her car was booted at Nauvoo House. She asked how many visitor parking
spaces are planned and if they would be designated as visitor parking
Christopher Carr said the requirement is 10 per cent, which they will provide. The visitor parking
spaces will be designated.
Mary Ann Mounts said she is concerned that there will be a problem with booting of cars in the
PEZ Zone when parking only a few minutes, as students pick up other students. She would like to
see more visitor parking as part of the PEZ Zone ordinance.
Mr. Carr said booting solves a problem and gets the message across.
The elevations of the buildings were again shown on the overhead screen. Mr. Carr said there are 3
units per building — one on the lower elevation and two on the higher elevation, with a breezeway/
staircase connecting the buildings.
Mary Ann Mounts wondered about breezeways in this climate.
Christolher Carr said the breezeways could be enclosed in the future; they want to comply with the
rules.
Chairman Dyer asked if there was any information Val Christensen could give the Cotmtrission to
help them understand the proposal.
Val Christensen feels the proposal is straightforward; he stated he would address concerns when he
presents his staff report after public input.
Mary Ann Mounts commented on this proposal not matching the existing buildings on the other
side of the property; this could be addressed during design review.
Chairman Dyer said the other side was built prior to design standards being in place; now there is
the requirement to break up a long wall.
Chairman Dyer opened the public input portion of the hearing.
In Favor: None
Neutral: None
Opposed: None
Written Input:
Letter from Brigham Young University Idaho (Philip Packer) —in favor of the proposal,
read by Chairman Dyer.
Chairman Dyer closed the public input portion of the hearing
He clarified the reason for this Conditional Use Permit - the existing complex is over 24 units and
the proposed project would add 45 more units. According to the City's Development Code 926, any
project over 24 units in the High Density Residential zone requires the proposal to come before the
Commission to request a Conditional Use Permit. He asked Val Christensen for his staff evaluation.
Val Christensen stated in a meeting between the City and BYU-I representatives, the University
requested that the Nauvoo House property owner and the property owner to the south of this
project create a pedestrian path (addressed in proposed condition #1 in the Community
Development staff report). The area was pointed out on the projected map. In the Pedestrian
Emphasis Zone ordinance, the working together of adjacent property owners is encouraged to allow
pedestrian access easements. The two property owners could possibly each do 5 -feet of a 10 -foot
wide pathway. This issue is the main one that the City would like conditioned. Each
project/property in the PEZ Zone is looked at independently. Snow storage/removal is an issue
and could be conditioned. Making sure visitor parking stalls are marked is important, as brought up
earlier by Commissioner Mounts.
Nephi Allen asked the exact parking required in this instance
Val Christensen said it is a floating number. The Commission could determine the reduction, as this
proposal is in the PEZ zone. It may depend on the amenities the developer is going to do.
Chairman Dyer said the minimum for parking is 10 per cent of the number of units for visitor
parking (68 to 70 visitor parking spaces). That is the bare minimum. There could be no parking at
all for the new units.
Nephi Allen asked how many parking spots are shown on the projected site plan.
Mr. Carr said 450 parking spots were the total.
Chairman Dyer asked Val Christensen to address Design Standards.
Val Christensen said the project would have to come before the Design Review Committee prior to
the issuance of the building permit. One item would be if the stairway is set back enough visually to
give the appearance of a separate building, visually breaking up a long wall.
Discussion continued
Chairman Dyer said the question before the Commission tonight is, shall a conditional use permit
be issued for this proposal, and if so, what conditions should be attached to it?
Gil Shirley said his only concern is snow removal; he does not think there is enough room in the
snow storage areas indicated and feels some snow may need to be hauled away. He thought that this
issue should be addressed in a condition.
Thaine Robinson thought that there should be a condition that the plans show where a play court
is going to be located. The parking lot on the projected site plan looks like a bone yard.
He also felt there should be a condition that the visitor spaces be marked.
Chairman Dyer said they are looking to densify in this PEZ zone area close to campus; this project
fits well. The only concerns he has are those that have been expressed about functionality and
operation.
Mary Ann Mounts feels this proposal is a good project, although she pictured the new addition
matching what already exists. She has always liked how Nauvoo House looks; it is well built and
kept up nicely. She feels that as long as requirements and conditions are met, it is great to finish the
area.
Thaine Robinson motioned to recommend approval to City Council of a Conditional Use Permit
for Nauvoo House, at 175 West 5" South, to include the eleven (11) proposed conditions of
approval in the staff report plus 3 additional conditions - #12: The site plan shall show the location
of the play court(s) and other amenities; #13: Visitor parking stalls shall be marked; and #14: A
snow removal plan shall be reviewed and approved by the City; — a total of fourteen (14) proposed
conditions of approval. Gil Shirley seconded the motion
None opposed. Motion carried.
Chairman Dyer suggested that, due to the expense of designing a building of this size, a design
review meeting should be scheduled in the near future.
Nauvoo House
Proposed Conditions of Approval
1. Work with adjoining property owner to the south to create a pedestrian pathway on the
south boundary of this project. Dedicate 50% of the land required for this path,
provide 50% of construction cost and provide an easement for its use. The
Community Development Director shall approve the path as part of the Site Plan
Review.
2. Stairway construction between buildings shall be designed in a manner to clearly
emphasis the breakup of length of the buildings. The Design Review Committee shall
meet prior to the issuance of building permit to review and approve the design.
3. Trash dumpsters/receptacles shall be located within the interior (behind front building
line, but minimum is required setbacks) of the lot and shall be enclosed.
4. A site plan reflecting all conditions of approval and incorporating all City standards,
e.g. landscaping, parking, snow storage, etc. shall be submitted and approved by the
City prior to the issuance of a building permit.
5. Lighting shall be low (under 15 -feet in height) and not create glare, and as a minimum
shall adhere to the City's lighting ordinance.
6. To encourage alternative travel options, i.e. bicycling, bike racks and hard surface
must be provided. Location of racks needs to be shown on revised site plan. This
requirement is identified in the PEZ Ordinance.
7. Sidewalk and pathway maintenance to be performed as per the PEZ Ordinance.
8. Parking Contracts to be approved by the City Attorney.
9. Requirements of the PEZ Zone Ordinance to be applied to this project.
10. Buildings to meet design standards.
11. Storm drainage and other Engineering considerations to be reviewed and approved by
the City Engineer.
12. The site plan shall show the location of the play court(s) and other amenities.
13. Visitor parking stalls shall be marked.
14. A snow removal plan shall be reviewed and approved by the City.
7:25 pm — Conditional Use Permit — Kartchner Student Housing — Ch South and e West
Troy Kartchner. Kartchner Homes, 601 West 1700 South, Logan, Utah. He stated that the
Corrunissioners were shown the conceptual plan of this proposal at their last meeting. They have
named the project Southgate and Northgate. A map of the projected area was shown on the
overhead screen. He pointed out where they will put in 4' West. They hope to work with
neighboring property owners to put in 6h South, the entire road. He pointed out where they wanted
to connect roads safely to the University. They want to make sure that their development agreement
includes that they are eventually able to recoup 100 per cent of those costs.
They requested a Vacation of 31 -feet of the 6h South right-of-way, from 4'h West to 3' West; in
return they will landscape and put in a 12- foot wide pedestrian bike path.
Troy Kartchner stated they are very concerned about the parking they provide and have worked
hard to get their numbers up. There will be 81 and 85 percent parking for the north and the south
parcels of the project. They are farther away from campus than some of the other single student
complexes.
Mr. Kartchner also pointed out areas planned for snow storage. They feel there is room for adequate
snow storage that meets the requirements. They may need to add an access in order to get to some
of the snow storage.
There will be 288 living spaces for men and 324 living spaces for women. There will be a clubhouse
for each. There will be 12-plexes and 4-plexes. Every bedroom has its own bathroom. The exterior
elevations were shown on the over head screen. Mr. Kartchner stated they are working hard to meet
the City's design standards on all elevations. The clubhouse was also shown. Each will be central to
the complexes. They will be townhome style and two-story, with more green space for the tenants
and more walkable areas. They want to have a place where people want to come for the long term.
Storage in the winter for bikes will be inside in the basement of the clubhouses. The bikes will not
have to be in apartments or out in the weather. There is also a large porch for bikes in front of the
units. There will be exterior bike parking also to accommodate summer bike use.
Proposed condition #1 in the staff report addresses not creating a traffic access through the parking
lot that connects 7'h South and 6`h South. The developers want good access in and out of the project.
They may use speed bumps and signs to discourage through traffic.
Chairman Dyer asked if they had thought of making the 7'h South access fire vehicle accessible
only, possibly with a break -away gate.
Troy Kartchner said that may be a possibility. They will do a traffic study (stated in conditions) per
the request of City Engineer John Millar.
Thain Robinson said the snow storage areas shown indicated that the south lot, which is the
smaller lot, will have five locations for snow storage. The north lot, which will have more beds,
shows only one snow storage area.
Troy Kartchner clarified that they will push the snow from the north to the south, or they will haul
it away.
Chairman Dyer asked if the 4`h West access had been discussed with the City Engineer.
It had not.
Thaine Robinson suggested that possibly the 0 West access could be right turn only into the
complex, with the other access being an output.
The 7'h South access could also be right turn only.
Discussion continued.
Chairman Dyer asked if the pedestrian pathways shown on the site plan are 5 -foot wide sidewalks.
Troy Kartchner said they are that width.
Chairman Dyer said the pathways may need to be wider because of the amount of people that will
be using them.
Troy Kartchner said they are willing do so, but he would like others on board to do this too - for it
to be carried out as bike and pedestrian friendly throughout the PEZ Zone. He does not mind being
a pioneer, but he would like a plan that would generate where paths will be and where they should
go, with everyone participating. He suggested if the City would like 6 -foot wide sidewalks, they
should adopt that and then require it.
Chairman Dyer asked Troy Kartchner if the Commission made it a condition of approval that he
would build substantially in conformance with the building elevations and plans shown at tonight's
meeting, if that would be agreeable.
Troy Kartchner said he would not have a problem with that. He would not show something that
they were not going to build.
Chairman Dyer said that at the last P&Z meeting, he had questions on the staggering of the
buildings, and it appears his concerns were answered in the elevations shown tonight, because they
show a lot of relief in texture and change in roof lines, etc.
Chairman Dyer asked Val Christensen for any input he had to help the Commissioners understand
the proposal.
Val Christensen stated that the Commissioners needed to be aware of the storm drainage ditch that
runs through part of the property. They also should look at the bigger picture of the PEZ Zone and
where this property is located.
Ted Hill asked where the drainage ditch ended.
Val Christensen pointed out the ditch; it goes across Th South and goes into the canal.
The City owns the drainage ditch.
Thaine Robinson asked if there was a safety issue with the fault line running on the property that
they needed to be concerned with.
Val Christensen said the City has not expressed so in the past.
Chairman Dyer asked what the plans are for the ditch.
Troy Kartchner said they will pipe it. They have discussed this issue with John Millar.
Chairman Dyer opened the public input portion.
In Favor: None
Neutral: None
Onnosed: None
Written Input: None
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Chairman Dyer declared the public input portion of the hearing closed and asked Val Christensen
for his staff evaluation and recommendations.
Val Christensen stated the single biggest issue is the through traffic problem within the
development— staff would recommend a serpentine rather than straight shot parking lot. Flipping
the center could be looked at. He stated that staff had no problem with the 7" South access, which
was earlier suggested as fire only. There are a lot of possibilities. Snow storage concerns will be
addressed at the time of the building review. The project may need additional snow storage area.
Mr. Christensen said that if the Commission puts the shown elevations as a condition, he would
suggest that it be considered as the design review being complete, so there would not have to be an
additional meeting for the project. In addition, they are looking for wider sidewalks as a route to the
college is defined. However, is a wider sidewalk for pedestrian access to be looked at on this level?
Chairman Dyer said a conditional use permit is required in this zone (High Density Residential 2)
due to the fact that there will be over 24 units in this complex. The question before them is should
they approve this CUP, and if so with what conditions. He noted the Commission had some issues
from the discussion they may want to address— the storm drain ditch, marking visitor parking, a
snow plan, and building plans substantially in conformance with what was presented tonight.
The Commissioners discussed the proposal.
Mary Ann Mounts stated that speed bumps may not solve the avoidance of a through traffic access
within the project.
Thaine Robinson complimented Troy Kartchner on the project, saying it was very refreshing to
see good design standards on the building drawings presented that are up front and in place, and
that adhere to the design standards. Other Commissioners agreed.
Sidewalk width was discussed.
Thaine Robinson motioned to recommend approval to City Council of a Conditional Use Permit
for Kartchner Student Housing, at 6" South and 4' West, to include the fourteen (14) proposed
conditions of approval in the staff report , plus 5 additional conditions - #15: Visitor parking stalls
shall be marked; #16: A storm drainage ditch plan shall be approved by City staff; #17: A snow
removal plan shall be approved by City staff ;#18: The building elevations shall be substantially in
conformance with those plans presented at tonight's meeting, and that these elevations are accepted
as the completed design review, and #19: Staff shall work with the applicant in figuring the width
of pedestrian path sidewalks that leave the project property — a total of nineteen (19) proposed
conditions of approval. Mary Ann Mounts seconded the motion.
Thaine Robinson amended his motion to include that proposed condition #1 shall have the added
words: "Applicant shall mark unto City staff on a plan... ". Mary Ann Mounts seconded the amended
motion.
None opposed. Motion carried.
Kartchner Student Housing
Proposed Conditions of Approval
I. Applicant shall work with City staff on a plan so that a throuh traffic access is not
created through the parking lot that connects 7 t South and 6` South.
2. Provide an Engineered Traffic Study.
3. Provide a Development Agreement that will include but not be limited to the widening
of 7ch South, the construction of 6`h South and 4 I West, the construction of the bridge
over 4 I West and all infrastructure adjacent and extending through the area of the
project. This Development Agreement must be approved by the City Engineer and the
Community Development Director.
4. Council approval is required for the use of 4'h West right-of-way.
5. Provide buffering on the east and north sides of the northernmost parking lot.
6. Trash dumpsters/receptacles shall be located within the interior (behind front building
line, but minimum is required setbacks) of the lot and shall be enclosed.
7. A site plan reflecting all conditions of approval and incorporating all City standards,
e.g. landscaping, parking, snow storage, etc. shall be submitted and approved by the
City prior to the issuance of a building permit.
8. Lighting shall be low (under 15 -feet in height) and not create glare, and as a minimum
shall adhere to the City's lighting ordinance.
9. To encourage alternative travel options; i.e. bicycling, bike racks and hard surface
must be provided. Location of racks need to be shown on revised site plan. This
requirement is identified in the PEZ Ordinance.
10. Sidewalk and pathway maintenance to be performed as per the PEZ Ordinance.
11. Parking Contracts to be approved by the City Attorney.
12. Requirements of the PEZ Zone Ordinance to be applied to this project.
13. Buildings to meet design standards.
14. Storm drainage, snow removal area and other Engineering considerations to be
reviewed and approved by the City Engineer.
15. Visitor parking stalls shall be marked.
16. A storm drainage ditch plan shall be approved by City staff.
17. A snow removal plan shall be approved by City staff.
18. The building elevations shall be substantially in conformance with those plans
presented at tonight's meeting, and that these elevations are accepted as the completed
design review.
19. Staff shall work with the applicant in figuring the width of pedestrian path sidewalks
that leave the project property.
New Business:
1. Preliminary Plat— Lille Landsby Subdivision
Kurt Roland. Schiess & Associates, 859 South Yellowstone, representing Neal Smith. They have
spoken with staff on the proposal. The site plan was shown on the overhead screen. They plan on
putting in four lots at the project property located on North 5" West, and they will build residential
homes and a 24 -foot private drive going through the property that they will maintain. A
hammerhead turnaround will be provided to accommodate fire department vehicles. They will do
their own snow removal. The zoning is Low Density Residential Two (LDR2). An aerial map of the
property was projected on the screen.
Chairman Dyer asked the size of the homes.
Developer Neal Smith (in the audience) said they would be small starter homes. The driveway is
against the south property line.
Kurt Roland said there is enough room for the required setbacks.
The 10, 000 square foot lot size includes the driveway.
The minimum lot size requirement in LDR2 is 8,000 square feet.
Neal Smith, in answer to Chairman Dyer, stated that Lot 4 faces 5" West.
Kurt Roland said the layout is tight but these will be small houses.
Mr. Stntth said the square footage of the homes including garages is 1200 square feet.
The utilities will be privately maintained, rather than being maintained by the City. There will be an
agreement between homeowners should the utilities require repairs.
Chairman Dyer asked Val Christensen for staff input
Val Christensen said his review comment states that this preliminary plat complies with the
Development Code 926 ordinance. The private drive does not take up any more space than would a
driveway. There are still the required setbacks that needed to be met. They still have to get their
green space. There is room for these homes, along with the needed yard requirements. The lots are
big enough that with a conditional use permit, duplexes could be put on them.
Neal Smith said duplexes are not planned, only single family homes.
The Commissioners discussed the proposal.
Mary Ann Mounts motioned to recommend approval to City Council of the Preliminary Plat for
the Lille Landsby Subdivision on North 5' West. Nephi Allen seconded the motion.
None opposed. Motion carried.
Kurt Roland complimented the City on the beautiful new Council chambers.
Unfinished/Old Business:
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1. Mixed Use Zones - Discussion
Val Christensen stated that at the last P&Z meeting, the Mixed -Use 1 (MU -1) zone was discussed.
It may be less dense and more of a buffer for single family residential than Mixed -Use 2 (MU -2),
which will probably be located near Brigham Young University -Idaho and near commercial. The
PEZ Zone was discussed as an overlay for MU -2, and potentially to let the geometry of the
buildings themselves dictate the density. It was seen as necessary to get with the University, as one
concern brought up in the discussion was the areas south of 2"d South and up to 1" South being
better at high density, and potentially mixed use. There is potential for the area to be MU- 2. They
also discussed College Avenue and the potential problem of coming in medium density, but if trying
to go to high density, the Comprehensive Plan Map (Preferred Land Use Map) is designated as
Mixed Use. There was discussion of changing the map to high density. There also was the possibility
that the University would not want a commercial use within one of their single student projects.
Yesterday the City met with representatives from the University (Sharon Tuckett, Philip Packer, and
Charles Andersen). It was felt that mixed - use may not be workable if a compromise is not found.
In the spirit of compromise, the representatives will communicate with officials at the University
and will come back to the City with information. Mr. Christensen would like to wait on proceeding
with the Mixed -Use Zones until hearing back from the University.
Mr. Christensen said that Rachel Whoolery, who last year was granted a conditional use permit for
dormitory style housing at 165 South 1" East, brought a question to him today about this very issue.
She owns four homes; the area was shown on the overhead screen. She is present tonight to tell of
her dilemma. The current zoning here is Medium Density Residential 1. In order for her to
redevelop, she would want to up- zone, but the only zone change she could ask for is Low Density
Residential, as the Comprehensive Plan Map shows Low Density Residential. If the homes were
torn down, a complex could not be built. Medium Density should have extended another half block
on the Comprehensive Plan Map.
Rachel Whoolery addressed the Commissioners regarding the status of her property and its
Conditional Use Permit.. She requested and was granted a year to explore redevelopment
possibilities, so she is reporting back. The Medium Density Residential 1 zone allows16 units per
acre. She has eight units on half an acre, so she is at full density. The City's plan in that area was to
see the homes possibly torn down, combined and replaced by complexes. The overlay is
incongruent with the underlying zone. Other property owners might also be affected
Chairman Dyer thought it would facilitate matters if the property owners were to get together to
express support for a change; they could come in for a Comprehensive Plan Map change and then a
Zone change.
There was discussion.
If the City initiated the change, there would not be a cost to the property owners.
Stephen Zollinger said they created a PEZ Zone that is incongruent with the underlying zone. They
have got to bring the two back together, or they need to write the PEZ Zone in such a way that it
overrides the underlying densities as long as certain conditions are met.
Stephen Zollinger and Val Christensen stated that the City would initiate the changes to the
Comprehensive Plan Map at the next opportunity.
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Discussion continued.
Rachel Whoolery will investigate (through a letter) if surrounding property owners would support a
Comprehensive Plan Map change in favor of high density and/or mixed use.
Rachel Whoolerv's Conditional Use Permit is requiring a parking lot to be put in or that she act on
the PEZ Zone opportunity by June 2010.
The Commission decided that the Rachel Whoolery Conditional Use Permit (#09 00522) may be in
a hold status until changes occur regarding the Comprehensive Plan Map.
Compliance: None
Non controversial Items Added to the Agenda: None
Report on Projects: None
Tabled Requests: None
Building Permit Application Report: None
Heads Up:
Chairman Dyer reported briefly on the Design Review Comrnittee meeting today for Great
Harvest Bread Co., which is relocating to 19 East Main, the former City Annex building.
The Commission came to the decision to cancel the October 15 s P&Z meeting.
The next P&Z meeting will be November 5.
The meeting was adjourned at 9:50 pm.
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