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HomeMy WebLinkAbout20231058.tiffPlanner: Maxwell Nader Case Number: USR23-0001 Applicant: Address: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET Hearing Date: April 4, 2023 Paul K. Salveson 16250 CR 100, Nunn, CO 80648 A Site Specific Development Plan and Use by Special Review Permit for a Kennel in the A (Agricultural) Zone District. Lot A of Recorded Exemption RE -3386; being a part of the W2NW4 of Section 35, T9N, R66W of the 6th P.M., Weld County, CO South of and adjacent to CR 100; approximately 737 feet east of CR 33 +1- 33.49 acres Parcel No. 0455-35-2-00-014 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Colorado Division of Water Resources, referral dated January 24, 2023 ➢ Colorado Department of Agriculture - PACFA, referral dated January 9, 2023 ➢ Weld County Department of Public Health and Environment, referral dated January 30, 2023 ➢ Weld County Department of Planning Services — Development Review, referral dated January 16, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Weld County Department of Planning Services - Code Compliance, referral dated January 16, 2023 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Town of Nunn ➢ Colorado Parks and Wildlife ➢ Nunn Fire Protection District ➢ West Greeley Conservation District ➢ Weld County Department of Planning Services - Building Inspection USR23-0001, Salveson Page 1 of 9 Case Summary: The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for a boarding and training kennel for up to fifteen (15) dogs. (Cowboy K9 Training). The canines would be housed in indoor/outdoor runs. Indoor outdoor access would be controlled through a guillotine type door, with the capability to shut the canines inside at night or during the day when necessary. The total number of canines that would be on site is fifteen (15). The property owner is currently the only employee. The proposed hours of operation are Monday through Sunday 8am - 6pm. The site would accommodate up to eight (8) clients at any one time during normal business hours. The applicant has met the requirements for a PACFA License for the proposed kennel operation. The current well is not permitted for commercial use, water will be brought in from McDonald Farms to serve the kennel. Water will be delivered which will be used to control dust as necessary. Washing of indoor kennels will be done with clean water only, no soaps or detergents are allowed to infiltrate the ground water. Noise is restricted to the residential limit. The applicants submitted their own noise study which indicates the facility can meet the residential limit. The applicant has indicated nuisance barking is immediately addressed. The property includes an existing single-family dwelling, and a proposed outbuilding will be the future kennel. This outbuilding will include outdoor runs that will be secured by six (6) foot tall, welded wire kennel panels. The inside portion would have both A/C and heat to keep dogs cool in summer and warm in winter. The proposed dog runs would have a dimension of 5'x15' outside and a 4'x4' area inside. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff 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 22-2-10.B. states: "Respecting Private Property Rights. One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others." The request to utilize the residential parcel located on a currently non -agriculturally productive land for a kennel, as well as on -going residential and personal use, is in line with this section of the Comprehensive Plan. The property owner's business will comply with local regulations and does not appear to interfere with or infringe upon the rights of others. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Sec. 23-3-10.-- Intent, of the Weld County Code states. "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the county. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy USR23-0001, Salveson Page 2 of 9 development, without the interference of other, incompatible land uses." Section 23-3-40. N.-- Uses by special review, of the Weld County Code allows for a "kennel" in the (A) Agricultural Zone District. This code section in essence supports the proposed USR application, as the proposed operation is controlled and does not interfere with agricultural activities or other use by right activities. Weld County Code Section 23-3-40.N allows for a kennel, and supporting activities for more than four (4) dogs with approval of a Special Use Permit. 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 rural residential lots created by the recorded exemption process, such as the subject property. The closest residence is roughly 415 feet to the northeast of the proposed kennel, others being roughly 900 feet and 1,000 feet. There are currently no Use by Special Review Permits on the property. There are a few Use by Special Review permits within one (1) mile of the subject property, including but not limited to, one (1) water storage tank via USR12-0021, one (1) 370 -foot -tall radio tower via USR- 763, one (1) gravel pit via SUP -356, one (1) Non -1041 pipeline via USR18-0077, and one (1) 60 -dog kennel via USR-1423. The Weld County Department of Planning Services sent notice to eleven (11) surrounding property owners within five hundred (500) feet. No correspondence was received back from surrounding property owners regarding the proposed application. There were no emails or phone calls received regarding the proposed application. The proposed use is in an area that can support this development and the existing screening, the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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. This site is located within the three (3) mile referral area of the Town of Nunn. The Town of Nunn did not return a referral. The subject property is not located within a IGA or CPA of a municipality. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within any recognized overlay districts, including the Geologic Hazard Overlay District, the Special Flood Hazard Development Overlay area, the Airport Overlay District, Historic Townsites Overlay District, 1-25 Overlay District, the Municipal Separate Storm Sewer Systems (MS4) defined boundary or Agricultural Heritage Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. 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. USR23-0001, Salveson Page 3 of 9 The site contains soils designated as "High Potential Dry Cropland — Prime if they become irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The subject property was created via Recorded Exemption in 2002. It appears the subject property has not been utilized for agricultural purposes since this land division. Therefore, the proposal will not further remove any active farm ground from production. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 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 can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility. 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall submit a water agreement/contract with McDonald Farms for the use of water for the kennel. (Department of Planning Services) B. A Screening /Fencing plan to address the outdoor areas for the dogs with a timeline for construction/ installation shall be submitted to and approved by the Department of Planning Services. (Department of Planning Services) C. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR23-0001 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23- 3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the existing/proposed landscaping and screening. (Department of Planning Services) 6. The map shall delineate the lighting, if applicable. (Department of Planning Services) 7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. (Department of Planning Services) USR23-0001, Salveson Page 4 of 9 8. The map shall delineate the off-street parking area for the customers. (Department of Planning Services) 9. County Road 100 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Development Review) 10. Show and label the existing and proposed access points and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development Review will review access locations as a part of the plan submittal. (Development Review) 11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 12. Show and label the drainage flow arrows. (Development Review) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) 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) 3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period. (Department of Planning Services) 4. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) USR23-0001, Salveson Page 5 of 9 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Paul K. Salveson Cowboy K9 Training USR23-0001 1. A Site Specific Development Plan and Use by Special Review Permit for a Kennel in the A (Agricultural) Zone District 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. The hours of operation for training are 8:00 am to 6:00 pm Monday through Sunday, with the boarding/kenneling occurring 24 hours/day. 4. All kennel animals shall be kept indoors between 7:00 pm and 7:00 am. (Department of Planning Services) 5. The number dogs, six (6) months of age or older, shall be no more than fifteen (15). (Department of Planning Services) 6. The parking area on the site shall be maintained. (Department of Planning Services) 7. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. (Department of Planning Services) 8. The approved noise abatement plan shall be maintained. (Department of Planning Services) 9. The existing/proposed landscaping and screening on the site shall be maintained and adhered to. (Department of Planning Services) 10. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. 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. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 12. 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. (Department of Public Health and Environment) 13. 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. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. The accepted waste handling plan shall be adhered to. (Department of Public Health and Environment) 14. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) USR23-0001, Salveson Page 6 of 9 15. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 16. Any On -site Wastewater Treatment Systems located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment) 17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes as applicable. The well permitted as 242734 cannot be used for the business unless it is re -permitted for commercial use. (Department of Public Health and Environment) 18. For employees or patrons on site for less than 2 consecutive hours a day, and 2 or less full-time employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. (Department of Public Health and Environment) 19. Animal and feed wastes, bedding, debris, and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. (Department of Public Health and Environment) 20. Any washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 21. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry regulations. (Department of Public Health and Environment) 22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 23. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 24. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 26. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 27. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 28. Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. (Department of Building Inspection) USR23-0001, Salveson Page 7 of 9 29. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 30. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 31. The Use by 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. 32. USR23-0001 for a Boarding and training Kennel limited to fifteen (15) dogs over the age of six (6) months in the A (Agricultural) Zone District is nontransferrable and the permit shall expire upon conveyance of the property to a new owner. 33. 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. 34. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 35. A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 36. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. USR23-0001, Salveson Page 8 of 9 37. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR23-0001, Salveson Page 9 of 9 February 28, 2023 DEPARTMENT OF PLANNING SERVICES 1555 North 17th Avenue Greeley, CO 80631 Website: www.weldgov.com Email: mnader@weldgov.com Phone: (970) 400-400-3527 Fax: (970) 304-6498 Paul Salveson 5540 Chaparral Drive Laramie WY 82070 Subject: USR23-0001 - A Site Specific Development Plan and Use by Special Review Permit for a Kennel in the A (Agricultural) Zone District. On parcel(s) of land described as: LOT A RE -3386, BEING PT W2NW4 SECTION 35, T9N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 04, 2023 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on April 19, 2023 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela- aca.co.weld.co.us/CitizenAccess Respectfully, Maxwell Nader Planner Hello