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HomeMy WebLinkAbout20042066.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Chad Auer, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1478 APPLICANT: Jose & Josefina Aguirre PLANNER: Sheri Lockman LEGAL DESCRIPTION: Lot A of RE-3128; Pt of the NE4 of Section 26,T5N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone District (Concrete Business) in the A (Agricultural)Zone District LOCATION: South of and adjacent to CR 54 and 1/2 mile East of CR 45. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60.D (A.Goal 4.) states Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. • Such development shall attempt to be compatible with the region" Conditions have been included to ensure the site does not have an adverse impact on the surrounding properties. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. Section 23-3-40.R of the Weld County Code provides for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District as a Use by Special Review in the A(Agricultural)Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses.The surrounding properties are agricultural in nature with few homes in close proximity.The Conditions of Approval and Development Standards will help ensure that the use will have little impact on the surrounding properties. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site lies within the three mile referral area for the Towns of Kersey and La Salle, the Cities of Evans and Greeley. The Towns of Kersey and La Salle as well as the City of Evans indicated in referral responses that the use does not conflict with their interests. In a referral response dated May 21, 2004, the City of Greeley voiced concerns regarding setbacks,screening,dust,architectural features,waste materials and outdoor storage.Most of the concerns have been addressed through the Development Standards and Conditions of Approval. E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts. Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) r` F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime ^ — agricultural land in the locational decision for the proposed use.The small size of the lot limit its agricultural value. 2004-2066 Resolution USR-1478 Jose Aguirre Page 2 G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based,in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to the Board of County Commissioners hearing: A. The applicant has not delineated any on-site sign(s). If applicable, and an on-site sign(s)is desired, the applicant shall submit a sign plan to the Department of Planning Services. If no sign plan is submitted the site shall adhere to Section 23-4-90.A and .B of the Weld County Code which states one identification sign per principal use shall be allowed,provided that the sign does not exceed sixteen (16) square feet in area per face. (Department of Planning Services) 2. Prior to recording the plat: A. All pages of the plat shall be labeled USR-1478. (Department of Planning Services) B. The applicant shall contact Dave Tuttle,Weld County Sheriff's Office, to discuss the Crime Prevention Through Environmental Design program and any available options for the site. Evidence of such shall be submitted to the Department of Planning Services. (Sheriffs �-. Office) C. The applicant shall submit an non-conforming use application for any structure not meeting offset requirements as delineated in Section 23-3-50 of the Weld County code. No fee is required. (Department of Planning Services) D. The applicant shall submit written evidence from the Weld County Department of Building Inspection indicating that the existing buildings meet all their requirements or that the appropriate building permits have been submitted for the proposed change in use. (Department of Planning Services) E. The applicant shall submit a dust abatement plan for the dirt pile, and the parking and driveway areas for review and approval,to the Environmental Health Services,Weld County Department of Public Health&Environment. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) F. In the event,the applicant intends to wash vehicles or equipment on site.The applicant shall provide evidence that any vehicle washing area will be designed and constructed to capture all effluent and prevent any discharges from the washing of vehicles or equipment in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) G. The septic system serving the home and shop shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load.The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Resolution USR-1478 Jose Aguirre Page 3 H. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall inquire with the Water Quality Control Division (WQCD)of the Colorado Department of Public Health and Environment if they are required to obtain a stormwater discharge permit. Alternately,the applicant can provide evidence from WQCD that they are not subject to these requirements. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) The applicant shall submit a waste handling plan,for approval,to the Environmental Health Services Division of the Weld County Department of Public Health& Environment.Evidence of Health Services approval shall be submitted to the Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site(this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed(including the facility name, address, and phone number). (Department of Public Health and Environment) J. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in the referral response dated May 21, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services.(Department of Planning Services) K. The plat shall be amended to comply with the following Commercial District Performance Standards as indicated in Section 23-3-250 of the Weld County Code. 1) Section 23-3-250.A.1 — Stormwater Management. All users of land shall provide and maintain stormwater retention facilities designed to retain the stormwater runoff in excess of historic flow from the undeveloped site. The stormwater retention facility on a developed site shall be designed for a one-hundred-year storm. The stormwater retention facility shall be designed and operated to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the undeveloped site. The application materials state that the storm water will be directed into the Union Ditch. There was not an agreement with the Ditch Company included with the reviewed materials.The applicant shall submit an agreement stating that the Union Ditch Company has no objections to this proposed delivery of storm water into the Ditch or the applicant shall submit an alternative plan to the Department of Planning Services for review and approval by the Weld County Department of Public Works. (Department of Planning Services) 2) Section 23-3-250.A.2 — Parking. Sufficient screened, off-street parking areas shall be provided to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and Accessory Uses. Appendix 23-A describes the design requirements for parking spaces and Appendix 23-B delineates the number of parking spaces required by use for this property. The plat shall indicate the appropriate parking spaces. The off-street parking including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. Each parking space shall be equipped with a wheel guard or a curb stop where needed to prevent vehicles from extending beyond the boundries of spaces and coming into contact with other vehicles, walls, fences or plantings. (Departments of Planning Services and Public Works) 3) Section 23-3-250.A.3—Street Access. Lots shall have safe access to an approved public or private street. The design designation of any street or highway as to type shall be in conformance with that shown on the county thoroughfare plan and/or the master plan of the affected municipality.The plat shall be amended to provide an adequate site distance for entering County Road 54. Evidence of Public Works approval of the revised plat shall be submitted to the Department of Planning Services. (Departments of Planning Services and Public Works) Resolution USR-1478 Jose Aguirre Page 4 4) Section 23-3-250.A.6—Areas used for trash collection shall be screened from public rights- .-- of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind-or animal-scattered trash. The application materials did identify the location of the dumpster on the plat, however,the location appears to be arbitrary and will not be screened from the County Road 54. The plat shall be amended to address this issue. (Department of Planning Services) 5) Section 23-3-250.A.9 — Outside Storage. Uses involving outdoor storage of vehicles, equipment or materials when permitted shall be screened from public rights-of-way and all adjacent properties. The applicant has indicated that a fence will be used as screening material.The plat shall be amended to include perimeter screening adjacent to the Union Ditch. The applicant shall submit a screening plan which indicates the type and height of the fencing for review and approval by the Department of Planning Services. (Department of Planning Services) 6) Section 23-2-250.B.6—Light. Any lighting,including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with or construed as traffic control devices. The application materials did not include a Lighting Plan. Should exterior lighting be a part of this facility,all light standards shall be delineated on the Use by Special Review Plat.(Department of Planning Services) L. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements, drainage requirements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) M. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The approved Screening Plan. (Department of Planning Services) N. The applicant shall submit two(2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maos(r co.weld.co.us. (Department of Planning Services) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JOSE &JOSEFINAAGUIRRE USR-1478 1. The Site Specific Development Plan and Special Use Permit is for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District(concrete business) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30 20 100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 7. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles and equipment in accordance with the Rules and Regulations of the Water Quality Control Commission,and the Environmental Protection Agency.(Department of Public Health and Environment) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 10. Adequate toilet and handwashing facilities shall be provided for employees. The employees shall be allowed to use the toilet facilities located in the residence. (Department of Public Health and Environment) 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 12. The facility shall utilize the existing public water supply (Central Weld County Water District). (Department of Public Health and Environment) 13. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 15. If applicable, the applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) Resolution USR-1478 Jose Aguirre Page 2 17. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services) 18. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious weeds. (Department of Planning Services) 19. There shall be no parking or staging of trucks within County Road 54 right-of way. (Department of Planning Services) 20. Outdoor storage shall not be taller than the proposed fencing. (Department of Planning Services) 21. The off-street parking including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. Each parking space shall be equipped with a wheel guard or a curb stop where needed to prevent vehicles from extending beyond the boundaries of spaces and coming into contact with other vehicles, walls, fences or plantings. (Department of Public Works) 22. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 23. Building permits shall be obtained prior to any new construction. (Department of Building Inspection) 24. A plan review is required for any new structure. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Building plans from the manufacturer detailing the blocking and tie down methods are an alternative. (Department of Building Inspection) 25. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Building Code; 2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code;2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 26. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Section 23 of the Weld County Code. (Department of Building Inspection) 27. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 28. The screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 29. Hours of operation shall be from 5:00 a.m. to 9:00 p.m. daily. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 6 Resolution USR-1478 Jose Aguirre Page 3 32. Weld County Government Personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 33. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 34. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Tonya Stobel Chad Auer Doug Ochsner The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on July 6, 2004. Dated the 6th of July, 2004. \ o► ..-. -)a cicL Voneen Macklin Secretary 7 7 (r— �cDCSi paragraph back to him. Mr. Adolf indicated that when 35 acres is bought and a well is drilled it is not guaranteed at that time. Is the issue that the wells are close together? Mr. Gimlin answered that this is more of a buyer beware notice, it is not that the applicant has to guarantee. Mr. Gimlin indicated his concern with the fire system and possible low flow rates. Bryant Gimlin moved that Case PZ-604, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. James Rohn seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya Strobel, yes; Chad Auer, yes. Motion carried unanimously. CASE NUMBER: USR-1478 APPLICANT: Jose& Josefina Aguirre PLANNER: Sheri Lockman LEGAL DESCRIPTION: Lot A of RE-3128; Pt of the NE4 of Section 26, T5N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District (Concrete Business) in the A(Agricultural) Zone District LOCATION: South of and adjacent to CR 54 and '// mile East of CR 45. Sheri Lockman, Department of Planning Services presented Case USR-1478, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. James Rohn asked about the Development Standards addressing weed height. Ms. Lockman stated it is in the code and was brought forward to make sure it was made aware of. Thomas Hellerich, representative for the applicant, provided additional information on the project. There are two people living in the residence and one will be working there. There are five or six other employees that will be there. There are more than seven vehicles but they will not be used on a daily basis. This was a commercial feedlot therefor the structures already exist which will be used for storage, there will be no outside storage. The proposal for another building is if the business grows. Michael Miller asked about the amount of dirt that will be on site? Mr. Hellerich stated it would be a small amount. Jose Aguirre, applicant, indicated it would be a couple of truck loads. There will be nothing stored on site with regards to raw materials. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bryant Gimlin asked Ms. Davis about the employees and the use of the restroom in the residence. Ms. Davis indicated the septic system will need to be designed by an engineer and reviewed to make sure it is adequate. The Health Department goes by the information from the applicant and the letter from the engineer to determine whether it will meet the County regulations. The applicant may have to add onto the leach field. Mr. Gimlin asked if there needed to be on cap of employees. Ms. Lockman indicated the applicant is required to follow the application as submitted. If they wanted more employees they would need to come back and it would be reviewed as a possible substantial change. Ms. Davis added the engineer will look at the use including the employees not being on site all day. The septic system allows for six people. r Don Carroll, Public Works, would like clarification on the number of employees. There were 12 cars, some f - pickups and 3 large trucks on site today. Mr. Hellerich indicated the applicant has employees that get rides from the property. Mr. Miller asked if this was a common occurrence? Mr. Hellerich indicated this is not typical. Ms. Aguirre added that when there are jobs farther away the workers come to the site for a ride. Mr. Miller indicated there is an issue with the number of employees that come to the site. Ms. Lockman would like to know the maximum number of employees on site. Mr. Hellerich indicated the maximum would be 12. Ms. Davis asked if those 12 would be using the residence for a restroom facility? Mr. Hellerich stated there is a restroom in the large building, it was there when the dairy was present. Ms. Davis indicated there is one septic permit on site. Ms. Davis indicated there may be a need for a separate septic system for restroom in the building and asked if the employees use the restroom in the building? The employees arrive at the home for a ride then immediately leave. If they need to use the restroom while there they use either. Ms. Davis indicated that the home needed to be evaluated because it was approved for five or six people and employees once in awhile. The septic system in the shop needs to be permitted. Ms. Davis suggests adding language to 2G to include the shop. James Rohn asked Ms. Davis if there is a preference as to which restroom the employees use. Ms. Davis stated that since the building and home are close they would allow them to use both. James Rohn moved to amend the language in 2G to indicated "the home and shop shall be reviewed" Bryant Gimlin seconded. Motion carried Chad Auer moved that Case USR-1478, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephen Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya e•"` Strobel, yes; Chad Auer, yes. Motion carried unanimously. Meeting adjourned at 3:30pm Respectfully submitted Voneen Macklin Secretary ,s+ Hello