HomeMy WebLinkAbout2003-10-08 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
October 8, 2003 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Qrders.
2. *APPROVAL OF MINUTES:
a. *September 24, 2003
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
a. Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection -
Discussion
7. NEW BUSINESS:
a. Holiday Meetings (November 26 and December 24, 2003} -Discussion
S. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Planning & Zoning Resolution Report (January thru September 2003)
13, COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
September 24, ,2003 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk {*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *September 10, 2003
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ03-41-An application to rezone the northern portion of Government Lot 44 from
Suburban Residential to General Commercial. Application submitted by Cliff Baker dba
Integrity Surveys, 605 Swires Road, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. PZD3-42 {PZ95-O1 & PZ89-06) -Transfer of Conditional Use Permit for Bed &
Breakfast, Lodge, and Guide Service for the property known as 1535 Angler Drive (Lot
29, Block 1, Angler Acres Subdivision), Kenai, Alaska, from Steve and Donna Riddle to
Ross &Angelia Harding. Transfer requested by Ross and Angelia Harding, 1535 Angler
Drive, Kenai, Alaska.
b. Kenai Peninsula Borough Chapter 21,18 - Anadromous Streams Habitat Protection -
Discussion
$. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. PZ03-40 -Landscape/Site Plan Review - 10575 Kenai Spur Highway -Three Bears
Addition
b. "Zoning Bulletin" -September 10, 2003
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING 8s ZONING COMMISSION
CITY COUNCIL CHAMBERS
SEPTEMBER 24, 2003 - 7:00 P.M,
CHAIR RON GOECKE, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Goecke called the meeting to order at approximately 7:01 p.m.
1-a. Roll Call
Ro11 was confirmed as follows:
Commissioners present: Ron Goecke, Phil Bryson, Barry Eldridge, Nelson Amen, and
Carl Glick
Commissioners absent: Jay Barrett and John Hamrnelman
Others present: City Clerk Freas, City Planner Kebschull and Council
Member Osborne
1-b. Agenda Approval
MOTION:
Commissioner Glick MOVED for approval of the agenda as submitted and requested
UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were
no objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Eldridge MOVED for approval of the consent agenda and requested
UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- September 10, 2003
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None
ITEM 4: CONSIDERATION OF PLATS -- None
IfiEM 5: PUBLIC HEARINGS
5-a. PZ03-41-An application to rezone the northern portion of Government
Lot 44 from Suburban Residential to General Commercial. Application
submitted by Cliff Baker dba Integrity Surveys, 605 Swires Road, Kenai,
Alaska.
MOTION:
Commissioner Glick MOVED for approval of PZ03-41 and Commissioner Eldridge
SECONDED the motion.
There were no public comments. City Planner Kebschull explained the following:
• In 1990, the property owner petitioned and went through the rezone
process. The rezone was contingent upon a plat and the plat had not been recorded.
Technically, the rezone never occurred, although someone later in the city
administration, changed the land use map to show the designation as it was requested
in the rezone.
• When Cliff Baker, the current owner, submitted a building permit
application, city administration tried to determine whether or not the commercial
building (for which he had applied for the building permit) would be on the correct
portion of the lot (Government Lat 44) .
• When researching the area that was to have been rezoned, the error was
found.
• Because the zoning maps show the property as commercial, the
applicant purchased the property and has used it in a commercial manner for
approximately 13 years, and Baker believes he has the right to consider the property
as commercial, the rezone process is taking place as it had been applied for in 1990.
• Baker has submitted a plat to remove the portion of the lot with the
residential building on it to a separate lot from Government Lat 44 and administration
would like the Commission to determine whether or not that portion of the iot should
be excluded from the commercial portion.
• If the property is rezoned according to Attachment A, Maquire
Subdivision, the lower portion of the lot would be Suburban Residential as it
technically is currently and would create the actual residence being located in the
commercial area of the lat.
MOTION TO AMEND:
Commissioner Bryson MOVED to adapt the recommendations of the staff concerning
the rezoning and also clarifying the south 100 feet of Tract A and Proposed Lot 1
remain in the RS Zone. Commissioner Glick SECONDED the motion.
PLANNING & ZONING COMMISSION MEETING
SEPTEMBER 24, 2003
PAGE 2
Commissioner Eldridge reported he spoke with Baker and understood his desire is to
do what was originally applied for in 1990 with the lower 100 feet and leaving the
remainder of the lot as commercial and recognizing he would not be able to build on or
add on to the resident structure currently existing on Lot 1. He added, the current
shop area was originally a residence. Eldridge stated, Baker's preference would be for
the commercial portion he purchased to be left as commercial and the residential
portion be left as residential. He added, he believed if the property was amended it
may come back later. Eldridge stated he would not support the amendment.
Bryson stated, because Baker has proposed a small lot, he didn't think it would be
good to split a small lot with varied zoning, especially when the lot is now being
created. Also, the original sub-divider of the tract and who created the 100 foot tract,
used the front portion of the building for a business.
Kebschull noted, when she spoke with Baker, he told her he would prefer the property
be zoned residential, however he was concerned there could be an appeal and he
wanted protection under the Doctrine of Estoppai. She added, she explained to him
that if there was public testimony, the Commission would take that into consideration
and the option would still remain to appeal it to council.
Glick stated, he remembered there were Aliak residents who had objected to the
property being zoned commercial and that may be who Baker believes may object.
Kebschull stated, the only responses received from the mailings was from the
individual who owns Lot 45 and he was interested in what was going on and pleased
with receiving the information on a post card and was able to check the city's website
for additional information.
VOTE ON AMENDMENT:
Goecke Yes B son Yes Barrett Absent
Hammelman Absent Eldrid a No Amen Yes
Glick Yes
MOTION PASSED.
VOTE ON MAIN AMENDED MOTION:
Goecke Yes B son Yes Barrett Absent
Hammelman Absent Eldrid e Yes Amen Yes
Glick Yes
MOTION PASSED UNANIMOUSLY.
PLANNING & ZONING COMMISSION MEETING
SEPTEMBER 24, 2003
PAGE 3
ITEM 6: OLD BUSINESS
ITEM 7: NEW BUSINESS
7-a. PZ03-42 (PZ95-01 & PZ89-06) -Transfer of Conditional Use Permit for
Bed 8s Breakfast, Lodge, and Guide Service for the property known as
1535 Angler Drive (Lot 29, Block 1, Angler Acres Subdivision), Kenai,
Alaska, from Steve and Donna Riddle to Ross & Angelia Harding.
Transfer requested by Ross and Angelia Harding, 1535 Angler Drive,
Kenai, Alaska.
MOTION:
Commissioner Eldridge MOVED for approval of PZ03-42 and Commissioner Amend
SECONDED the motion.
Kebschull explained this was a basic housekeeping item as the code allows for
transfers of conditional use permits if the request is in writing. There is no change to
the actual conditional use permit. Transfers of the permit do not require adjoining
property owners' being noticed.
VOTE:
Goecke Yes B son Yes Barrett Absent
Hammelman Absent Eldrid e Yes Amen Yes
Glick Yes
MOTION PASSED UNANI11dOUSLY.
7-b. Dlscussion -- Kenai Peninsula Borough Chapter 21.18 - Anadromous
Streams Habitat Protection.
Kebschull explained, the council directed administration to review the Kenai Peninsula
Borough River Ordinance and perhaps make a recommendation to council at the next
Commission meeting as to whether the city should begin administering the ordinance
for property within the city boundaries.
Kebschull gave an overview of the current ordinance and noted, the ordinance
protects the river and anadromous streams; for cities to administer, their ordinance
would have to be as strong as or more stringent than the current ordinance; discusses
prohibited activities; gives direction relating to when conditional use permits must be
submitted, etc.
PLANNING & ZONING COMMISSION MEETING
SEPTEMBER 24, 2003
PAGE 4
Kebschull also noted, if the city administers the ordinance, it would have to provide
ordinance information and education; review all the plans for property development in
the area; make site visits to determine the permit activities and to be sure required
criteria is met; if a conditional use permit is required, site visits will need to be made,
etc.
Kebschull stated, in her review of the ordinance, there would be added training for city
staff; it wouldn't relieve the property owners; permits would still be required to be
reviewed by the other agencies; and, a process would have to be developed with the
borough for those applying for the tax credit program, etc. Kebschull stated she didn't
see a benefit for the city to administer the ordinance.
Eldridge noted concern had been stated by Council Member Bookey that when city
projects are able to be developed (coastal trail, renovation of canneries, etc.), he felt
the city should be in charge of reviewing and making decisions on development
through the Commission and the council. Amen stated he agreed with Kebschull.
Bryson noted, to him, the prime reason for the city to take over the authority would be
to apply more stringent standards. He had not heard anything to date to that effect;
the borough seems to be handling the application of the regulations; and, along with
those comments and due to budget constraints and additional duties to the staff, he
would not want to transfer the authority to the city. Bryson added, another concern
would be the added liability to the city in making the decisions.
Glick stated he normally feels what is in the city should be regulated by the city,
however the borough seems to be doing a good job and with the tight budget, he did
not think the city would want to take on the responsibility, at least not at this time.
Goecke stated he didn't think the additional responsibility would make any dramatic
constraints to the budget or staff. He added, because there had not been anything too
controversial come before the agencies, there is no guarantee the city would get a fair
review.
Kebschull requested the Commission to continue to review the ordinance and noted,
even if the city took over the authority, the other agencies would still need to review
any applications. She added, she feels certain the borough will work with the city.
Currently, when an application is submitted to the borough and the property is within
the city, the city does get a copy of the application and has the opportunity to
comment.
ITEM 8:
-- None
ITEM 9: CODE ENFORCEMENT -- None
PLANNING 8~ ZONING COMMISSION MEETING
SEPTEMBER 24, 2003
PAGE 5
ITEM 10: REPORTS
10-a. City Council -- Council Member Osborne reviewed the actions taken at
the September 17 council meeting.
10-b. Borough Planning -- Commissioner Bryson reviewed the actians taken
at the September 22 Borough Planning Commission meeting.
10-c. Administration -- Kebschull noted the following:
• A memorandum with attached planning law cases were included in the
packet for the Commission's review and information.
• The landscape site plan for Three Bears was approved and no comments
had been received from them relating to the fencing requirement. The Certificate of
Occupancy will not be provided until the requirements of the landscape site plan are
met.
• She and Casey Reynolds, Economic Development Project Director/VISTA
met with the person in the process of trying to purchase Wards Cove Cannery. They
hope to complete the purchase in the very near future and discussed requirements
that may be needed to renovate the buildings to accommodate a packing plant, hotel,
arts and crafts area, restaurant, RV park, etc.
IITEM 11: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 12: INFORMATION ITEMS
12-a. PZ03-40 -Landscape/Site Plan Review -- 10575 Kenai, Spur Highway -
Three Bears Addition
12-b. "Zoning Bulletin" -September 10, 2003
ITEM 13: COMMISSION COMMENTS 8c UESTIONS
Amen requested clarification of the Three Bears fence and Kebschull explained, it is
the fence on the back side of the property to which she was referring. This will need to
be repaired to separate the commercial and residential areas.
ITEM 14:
The meeting adjourned at approximately 7:50 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
SEPTEMBER 24, 2003
PAGE b
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,, , ~ Telephone: 907-283-75351 FAX: 907-283-3014 '~~1~!
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KEHAIV SKA
MEMO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: October 1, 2043
SUBJECT: Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams
Habitat Protection
Administration is continuing to work on a report on the habitat protection ordinance and
is not ready to request the Commission's recommendation to Council. Please review
the information from your last packet. If you have specific questions about the
ordinance, please note the question and I will be happy to research the information for
you. If you have misplaced the information, please contact me prior to the meeting and
will provide another copy for you.
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7a
`~~/'l~a e wit~t a Aast, Gi wit~t a Future"
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,i-~;~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
,; Telephone: 907-283-75351 FAX: 907-283-3014 ~Il~j~
- 1992
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KENA1~ SKA
•
•
TO: Planning & Zoning Commission ~
FROM: Marilyn Kebschull, Planning Administration
DATE: October 1, 2003
SUBJECT: Holiday Meetings
The Commission has meetings scheduled for Thanksgiving Eve (November 26`h}and
Christmas Eve (December 24th}.
DOES THE COMMISSION WANT TO REQUEST COUNCIL CANCEL THESE
MEETINGS?
--~r~ .
/Oc~
AGENDA
I{ti;NAI CITY COUNCIL -- REGULAR MEETINQr
OCTOBER I, X003
7:00 P.M.
ItENAi CITY COUNCIL CHAMBERS
htt www,ci.kenai.ak,us
ITEM A: CALL TO ORDER
I. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*~ are considered to be routine and non-controversial
by the council and will be approved by one motion,. There will be no separate discussion of
these items unless a council member so requests, in which case the item will be removed from
the consent agenda and considered in its normal sequence on the agenda as part of the
General Orders.
ITEM B:
ITEM C:
ITEM D:
P, u
SCHEDULED PUBLIC COMMENTS [l0 minutest
REPORTS OF KPB A88EMBLY LEGISLATORS AND COUNCILS
PUBLIC HEARINGS
Ordinance No. X016-20D3 -- Increasing Estimated Revenues and
Appropriations by $3,882.90 in the General Fund for an Alaska Highway Safety
Grant to Purchase a Mobile Data Terminal.
2. Resolution No. X003-48 -- Transferring $6,500 From the General Fund to the
Airport Land System Special Revenue Fund to Pay for Certain Utilities at the
Kenai Alaska Regional Aircraft Rescue and Fire Fighting Training Center and
Authorizing a Lease Agreement With the Arctic Winter Games Host Society.
3. Resolution No. x003-49 -- Transferring $15,000 in the AARF/SRE Capital
Project Fund to Cover Project Closeout Costs.
ITEM E: CO ISSION COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Comnussian
4. Library Commission
5. Parks & Recreation Carnmission
fi. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention & Visitors Bureau Board
c. Alaska Municipal League Report
d. Kenai Chamber of Commerce
e. Arctic Winter Games
ITEM F• MINUTES
1. *Regular Meeting of September 17, 2003.
2. *Verbatim/Henricksen Appeal, September 17, 2003.
ITEM G: CORRESPONDENCE
ITEM H: OLD BUSINESS
ITEM I• NEW BUSINESS
i. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordiiaaace No. 2017-2003 -- Amending KMC 1.90.050(b} to Change the Time
Period for Allowed Absences for Commissions and Committees From Three
Months to Six Months.
4. *Ordiaaace No. 20X$-2003 -- Amending the Official City of Kenai Zoning map
to Rezone a Portion of Government Lot 44.
5. *Ordiiaaace No. 2019-2003 -- Amending KMC 1.90.010 to Allow the Kenai City
Council to Pass a Resolution Changing the Membership Number of a
Commission, Board, Task Force or Committee to Greater Than Seven {7}
Members.
6. *Ordiaaace No. 2020-2003 -- Amending KMC 24.20.010, Entitled "Care of
Cemetery" and the Cemetery Regulations.
7. Approval -- Security Assignment of Lease/Dan O. Pitts to First National Bank of
Anchorage -- Lot lA, F.B.O. Subdivision, South Addition.
8. Approval -- Special Use Permit/R 8s J Seafoods -- Amendment to Extend Term
to June 30, 2004.
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens {five minutes)
2. Council
EXECUTIVE SESSION -None Scheduled
ITEM M• ADJOURNMENT
CITY OF KENAI `ate
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210 FIDALGD AVE., SUITE 200 KENAI, ALASKA 99671-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
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TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: October 2, 2003
SUBJECT: Planning & Zoning Resolutions
The following table compares resolutions issued in 2002 and 2003 from January
through September.
Zoo2 zoo3
TYPE TYPE
Administrative Exemption 2 Administrative Exemption 0
Amend KMC 9 Amend KMC 4
Conditional Use Permit 12 Conditional Use Permit 9
Encroachment Permit 2 Encroachment Permit 1
Home Occupation Permit 17 Home Occupation Permit 6
LandscapelSite Plan 6 Landscape/Site Plan 2
Preliminary Plat 13 Preliminary Plat 16
Transfer Conditional Use Permit
2 Transfer Conditional Use
Permit
1
Rezone 0 Rezone 1
Variance Permit 7 Variance Permit 2
Total 70 Tota! 42
PZ Resolutions for the Year 2003
TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION
Amend KMC
20D302 KMC 14.22.Oi0 Land Use Table 01/08/2003 Approved
2003D8 KMC 25.33.020 Land Use Table-Skateboard D211 212 0 0 3 Approved
206317 Education Zone 0 511 412 0 0 3 Approved
200324 Comp Plan 06/25/2003 Approved
Conditional Use Permit
200303 Pet Grooming & Boarding 01/22/2003 Approved
2D0306 Cabin Rentals 8 Guide Service 01/22/2003 Approved
200315 B8B 8~ Guide Service 05114/2D03 Approved
200318 Daycare & MontessoriSchool 05/14/2003 Approved
200322 Cabin Rentals 06/25/2003 Approved
200323 Cabin Rentals D612512003 Approved
200329 BusinesslCansumer Services 07/23/2003 Failed
200332 Modify Excavalion to indude Storage 08/27/2003 Approved
206333 Pet Grooming 06/27/2003 Failed
Encroachment Permit
200312 Side Setback D412312003 Approved
Home Occupation Permit
200304 Daycare 01/22/2003 Approved
2DD305 Quilting Business 01/22/2003 Approved
2D0313 Nail Salon 041D912003 Approved
200314 Daycare 04/23/2003 Approved
200330 Daycare 07123124D3 Approved
200337 Daycare 08/27/2003 Approved
Landscape/Site Plan
20D335 0810412D03 Approved
200340 09/05/2003 Approved
30 September, .2003 Page 1 oj,2
TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION
Preliminary Plat
200301 Tide Viedw Heights Padget Replat 01/08/2003 Approved
200307 Five Iron Heights SD Crandall Add. 42/12/2003 Approved
2DD309 Strawberry Fields Farevedr Add. #1 02/26/2003 Approved
200310 Thompson Park SD Bible-Myers Add. 02/28/2003 Approved
2D0311 Inlet Wools SID Knudsen Replal 03/12/2003 Approved
200319 Hannah Estates 05!1412003 Approved
200320 Keemau SD Crestwood Add. 0 511 412 0 0 3 AAAroved
200321 Kay Lynn SD #3 45/28/2003 Approved
240325 Strawberry Fields Forever #1 06/25/2003 Approved
200326 Shankel SD 06/25/2003 Approved
200327 McCann SD - Luoma Replat 07109!2003 Failed
200331 Kenai Townsite ACS Replat 07/23/2003 Approved
200334 Sprucewood Glen SD No. 8 08/13/2003 Approved
20D336 Thompson Park SD, Hobhs Addition 0812712D03 Approved
200338 Integrity Plaza 0 911 012 0 03 Approved
204339 Strawbery Fields Forever 09/23/2003 Approved
Rezone
200341
Transfer Conditional Use Permit
200342 B&B, Guide, Lodge
Yariance
200318 Lot Coverage 8 Rear Setback
200328 Height
09/24/2003 Approved
09/24/2003 Approved
05114!2003 Approved
07/23/2003 Approved
3t7 September, 2003 Page 2 of 2
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AGENDA
PLANNING & ZONING COMMISSION
October B, 2003 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:llwww.ci. kenai.ak.us
1. SCHEDULED PUBLIC COMMENT:
2. CONSIDERATION OF PLATS:
3. PUBLIC HEARINGS:
4. OLD BU51NE55:
a. Kenai Peninsula Borough Chapter 21.18 -Anadromous Streams
Mabitaf Protection _ Discussion
5. NEW BUSINESS:
a. Holiday Meetings (November 2fi and December 24, 2003) -
Discussion
The public is invited to attend and participate. The meeting will
commence at 7:00 p.m. at Kenai City Mall (lower level). Additional
infom~ation maybe obtained at Clty Mall, at the City of Kenai web site
(www.ci.kenai.ak.us), or by callirog 283-7535 extension 235.
Marilyn Kebschull
Planning 8~ Zoning Administration
Publish: October fi, 2003 D2861211
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