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HomeMy WebLinkAbout20223160.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 1, 2022 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice - Chair, Butch White, at 12:30 pm. Roll Call. Present: Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan. Absent: Elijah Hatch, Sam Gluck. Also Present: Chris Gathman, Maxwell Nader, and Jim Flesher, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the October 4, 2022 Weld County Planning Commission minutes, Moved by Skip Holland, Seconded by Shana Morgan. Motion passed unanimously. CASE NUMBER: USR22-0024 APPLICANT: LYTLE FARMS, LLC, C/O BECLEE SOLAR, LLC PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FORA SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B FAMILY FARM DIVISION, FFD21-0008; BEING PART E2SW4 SECTION 22, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 66; APPROXIMATELY 0.25 MILES EAST OF CR 43. Maxwell Nader, Planning Services, stated that the applicant is requesting a continuance to allow for more time to work out interconnection delays with Xcel Energy as well as contemplating some system modifications. The applicant has requested a continuance to the January 3, 2023 Planning Commission. The Department of Planning Services is in support of this continuation. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this application. No one wished to speak. Motion: Continue USR22-0024 to the January 3, 2023 Planning Commission Hearing, Moved by Michael Wailes, Seconded by Michael Palizzi. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland. CASE NUMBER: ORDINANCE 2022-08 PRESENTED BY: JIM FLESHER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE (SETBACKS FROM OIL AND GAS). Jim Flesher, Planning Services, gave a brief overview of the proposed code changes regarding setbacks for occupied buildings from existing oil and gas facilities. The Chair asked if there was anyone in the audience who wished to speak for or against this Ordinance. No one wished to speak. Motion: Forward Ordinance 2022-08 to the Board of County Commissioners with the Planning Commission's recommendation of approval, Moved by Skip Holland, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland. CASE NUMBER: USR22-0020 APPLICANT: PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY 1 CommVe1 scO F;(7n 5 61/16/22 2022-3160 PLANNER: MAXWELL NADER REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A LUMBERYARD AND TRANSLOADING FACILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOTS A AND B OF RE -449, BEING PART OF THE NE4NE4 OF SECTION 33, T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 64; WEST OF AND ADJACENT TO NORTH 59TH AVENUE (CR 31). Maxwell Nader, Planning Services, presented Case USR22-0020, reading the recommendation and comments into the record. Mr. Nader stated that no correspondence was received from surrounding property owners. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Jim Zaunick, 84 Lumber, 1019 Route 519, Eighty Four, Pennsylvania, stated that they purchased this property with the intention of turning the existing facility into a contractor yard with limited retail services. He added that there would be 3000 square foot of retail space but the intent of the property is to be used mainly for contractors. Mr. Zaunick said that there will be 10 to 15 employees and hours of operation will be Monday through Friday, 7 a.m. to 6 p.m. He added that they are currently working with the railroad on getting the agreement finalized to haul product on rail. He added that there will be two (2) rail spur spots to alleviate a lot of the truck traffic. Mr. Zaunick stated that they will have screening along O Street for visibility concerns. With regard to fire protection, Mr. Zaunick stated that the well on -site pumps into a storage tank that services the full sprinkler system in the existing building. Commissioner Wailes referred to the City of Greeley's plans to construct a round -a -bout at that intersection and asked if this proposed site plan will work with the proposed round -a -bout. Mr. Zaunick said that they had a meeting six (6) months ago and have received the plans for the round -a -bout and as it stands now the proposed round -a -bout will not affect the access to their site. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR22-0020 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Michael Palizzi. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland. CASE NUMBER: COZ22-0008 APPLICANT: MEADOW RIDGE HOLDINGS, LLC/JAMM POWER SERVICE, LLC PLANNER: MAXWELL NADER REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPT RECX16-0018; PART W2SE4 SECTION 19, T2N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 18; APPROXIMATELY 0.50 MILES EAST OF CR 49. Karin McDougal, County Attorney, read the case into the record. She noted that the property has been sold to Jamm Power Service, LLC. Maxwell Nader, Planning Services, presented Case COZ22-0008, reading the recommendation and comments into the record. Mr. Nader noted that one (1) letter was received outlining concerns related to noise, dust, traffic, crime and general use of the property. He added that their concerns continued with the impact to their agricultural way of life due to the intent of the C-3 Zone District. An additional letter was 2 received from a surrounding property owner opposed to this application regarding concerns similar to the concerns in the first letter with the exception of the confusion related to the individual's driveway being mistaken for the business as well as water concerns. Mr. Nader commented that the applicant was just notified of these letters so they have not had the opportunity to address these concerns with the neighbors. The Department of Planning Services recommends approval of this application along with conditions of approval. Commissioner Wailes asked if this was noticed correctly with the change of ownership. Ms. McDougal stated that because it was noticed on the land she believes it is in compliance with the notice requirement. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. Eric Wernsman, Wernsman Engineering and Land Development, 16493 Essex Road, Platteville, Colorado, stated that this site is in the opportunity zone for Weld County where they are encouraged to go for rezoning projects such as this. The site is also located in the Keenesburg long term plan as a commercial area and added that it does have a well permit for commercial use. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Ross McAdow, 24471 CR 18, Keenesburg, Colorado, stated that his property is immediately northwest of the proposed site. Mr. McAdow referred to the previous case USR22-0020 and said that it was interesting that the applicant had a really definitive plan in place with setbacks, landscaping, traffic volumes and environmental impact. He added that if this change of zone is approved, he would ask that the applicant provide all the same data. Mr. McAdow asked what hazardous materials might be stored on this property and what type of fire suppression would be in place. Mr. McAdow stated that they are trying to sell their property as they don't want to live next to a commercially zoned property. He noted that more ag land is taken out of production and moved to commercial zoning. Mr. McAdow asked what type of living landscape mitigation is proposed and asked to consider extending the setbacks around the property for the neighbors sake. Scott Dechant, 24485 CR 18, Keenesburg, Colorado, stated that he lives west of the proposed site. He expressed concern with the amount of traffic, using his access to turn around in his yard and the impact to the water. He added that within one (1) mile of this site they have already had a lot of well issues so he doesn't believe that water is sufficient fora commercial use. Mr. Dechant asked how Meadow Ridge applied for the application and then it was changed to Jamm Power Service. Ellen Swieter, 25027 CR 18, Keenesburg, Colorado stated that she lives one-half mile east of County Road 18 from the proposed site. She concurred with the previous comments. Ms. Swieter said that over the past decade on County Road 18 Weld County has approved Cureton, fireworks, factory, truck driving school, the salt -water injection plant, and the Calpine Power Company across the tracks. She added that their way of life has been impacted greatly over the past 10 to 15 years. She expressed concern with increase in traffic, truck traffic, traffic visibility when turning, lighting, and any future expansion plans. She added that she is concerned that the building was allowed to be built and if this application is denied this gigantic building has already been built. Taya McAdow, 24471 CR 18, Keenesburg, Colorado, asked if someone could publicly read the C-3 Zoning so everyone could hear that and then determine if it is actually compatible with the surrounding properties. Ms. McAdow said that if this property is sold it could become anything in the C-3 Zone District such as a strip mall, etc. Bobbie Jackson, 24495 CR 18, noted that all the surrounding properties are ag zoned and added that changing this site to C-3 doesn't make sense. She referred to the pictures of the new building that was built on site and stated that there are five or six very large bay doors on one side. She asked what the intentions of the property will be. Danielle Dechant, 24485 CR 18, Keenesburg, Colorado, stated that they have small children and they are concerned with their safety. She said that often times the public get lost and mistake their access for this proposed site and turn around in their yard. She expressed concern for their safety, increase of people and what kind of people it will bring. 3 Mr. Wernsman said that the applicant is well aware that the C-3 zoning has requirements and that they would have to adhere to those requirements. He added that they are just going through the change of zone right now and that at the Site Plan Review process they will have requirements for screening, landscaping, lighting, dust control, and all the things that are normal to a commercial site plan. Commissioner Edens asked if they could address what the plan is for this property. Ms. McDougal cautioned the Planning Commission that it is not really relevant in this case and that it is not part of what you should consider for your recommendation to the Board of County Commissioners. Josh Praelle, 32495 CR 14, Keenesburg, Colorado, stated that he is requesting the change of zone and added that they run a small electrical contractor and reclamation company. Mr. Praelle said that he has no plans to develop this into a commercial strip mall but just to have a place for their guys to work out of. The Chair asked the applicant if they have read through the Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Ms. McDougal stated that the Resolution that was created for this case had the Meadow Ridge Holdings, LLC and asked to make it clear in the motion that it is being changed to recognize the new owner of the property, which is Jamm Power Service, LLC. Commissioner Wailes asked Staff to explain the process of a change of zone and what the process is for how a development takes place. Mr. Nader said that in the County there are areas that are identified for potential opportunities for change of zones and this site happens to be located in one of those opportunity zones. He added that following the change of zone request, if approved, it goes through a Site Plan Review Process which is very similar to the Use by Special Review process except that it is administratively reviewed. Mr. Nader said that staff reviews all of the site issues such as screening, buffering, landscaping, etc. and the use of the land will be called out. If a new use comes into play, then the owner would need to amend the Site Plan Review Permit and go through the process again. Mr. Nader noted that there is not a notification process involved with Site Plan Reviews, however, they advise the applicant on these issues to ensure that proper landscaping, screening and buffering is in place to mitigate potential impacts. Commissioner Holland said it is helpful for the public to understand the process that was used to set this new planning concept. Mr. Nader said that the general goal of the Comprehensive Plan was the shift from the site specific developments under the USR process in the agricultural zone district. He added that due to recent code changes a lot of the commercial uses were eliminated as it makes more sense to have them located within a commercial or industrial zoned property. At the same time, the opportunity zone component was introduced to the Comprehensive Plan to ensure that these developments are being pushed into proper areas. He added that some of those areas are still agricultural in nature but for the sake of the future of the county these are areas that are identified to drive commercial and industrial development because the County does not want them popping up all over the place in areas that do not have proper transportation and facilities. Commissioner Edens said that she has been told that when you change to a commercial well there is no outside watering and asked if that is factual. Ms. Light said that it depends on the individual well permit and it will list that on the permit itself. Mr. Nader said that the applicant does have a permitted commercial well for this site. Ms. Edens said that when we are talking about using trees to screen if you can't water with your well they need to be aware of that. Mr. Nader said that there are other options for screening such as berming and fencing. Motion: Forward Case COZ22-0008 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Michael Palizzi. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland. CASE NUMBER: COZ22-0010 APPLICANT: KENNARD AND VICKI KNUDSON PLANNER: CHRIS GATHMAN 4 REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT. LSGAL DESCRIPTION: LOT A REC EXEMPT RECX16-0028; BEING PART OF THE SE4 SECTION 33, T1 N, R67W OF THE 6TH P.M., LD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 2; WEST OF AND ADJACENT TO CR 19. Chris Gathman, Planning Services, presented Case COZ22-0010, reading the recommendation and comments into the record. Mr. Gathman noted that one letter and one email were received in support of this application. He added that one email and one letter were received in opposition to this application outlining concerns that this property is too far away from the nearest highway, concerns that this will open up the opportunity for additional commercial zoning in the area, traffic impacts, devaluing homes in the community, and the uncertainty of what the end use would be on the property. The Department of Planning Services recommends approval of this application along with conditions of approval. Commissioner Holland asked if there is a major wastewater facility directly to the east. Mr. Gathman noted that facility is located two to three miles from this site. Mr. Holland said that on the Adams County side there are quite a few large lot developments and asked about the compatibility of C-3 zoning with that residential development. He added that it seems to be compatible. Mr. Gathman said that Adams County did comment as C-3 has a broad array of uses. Mr. Gathman read the referral from Adams County into the record. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. Commissioner Wailes asked what the facility is to the north of the site. Mr. Gathman said it was permitted as a personal use storage building. He added that there isn't a residence on that site. Kennard Knudson, 14971 Vine Street, Thornton, Colorado, stated that he bought 80 acres in 1999 and built their home in 2003 and stayed there until 2013. In 2013, the Morelli's purchased the property and are operating a horse facility now. The Morelli's also purchased 33 acres behind the 80 acres to protect their views and for the expansion of their horse facility. Mr. Knudson said that he sold 10 acres to Steve Knel and all he owns now is 20 acres on County Road 2. He said because of a large oil and gas operation just to the south of this site and industrial and commercial development east of this site they just don't think it would make sense to do a custom home on that site. Mr. Knudson feels that the best use for this land would be commercial so when it was placed in an opportunity zone in 2020 they thought they would pursue the commercial zoning. He added that they have spoken to all four of their neighbors. Robert Demaree, 150 Main Street, Longmont, Colorado stated that he represents the applicant and added that the surrounding property is conducive for this use. He added that this site is one of the few areas that they looked at that meets the county requirements for the opportunity zone that has public utilities. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Bill Wycoff, 333 CR 17, Brighton, Colorado, stated that there is so much involved here in terms of how the process works. He said that he has lived in this area for over 20 years and farmed 70 plus acres and added that at this time is it not an urbanized area and yet it is located in an opportunity zone. Mr. Wycoff noted that the application stated it is located more than one -quarter mile from municipal limits. There are agricultural type uses (a horse boarding and training facility) in the surrounding area. He added that he was disturbed that there are no solid plans for use of the property. He said that from the list of compatible functions in the C-3 zone district he doesn't feel like they will serve the area such as a brew pubs, distribution centers, night clubs, etc. Robert Morelli, 305 CR 19, stated that he owns 50 horses and purchased the property from Mr. Knudson. Mr. Morelli stated that he was aware that the RV and Boat storage facility was going in across the street when they purchased the property. A few years later, Mr. Knudson sold 10 acres to the neighbor south of Mr. Morelli and promised the land would be like used and build custom homes. Mr. Morelli said that once it was sold that didn't happen and there is a big warehouse with home depot ladders, shopping carts, and storage containers. He talked to Mr. Knudson about not wanting to be surrounded by this environment so they purchased additional land to the west from Mr. Knudson. Mr. Morelli doesn't see the compatibility of a broad C-3 zoning change in this area. 5 Robert Bidwell, 8602 East 148th Lane, Thornton, Colorado, stated that he lives 1.5 miles south of the proposed site. He said that he bought the property from Mr. Knudson and they did put up a building after that and permitted a sewer system for a four -bedroom home. A residence has not been constructed on the property. He spoke to Mr. Knudson who had alerted him to this opportunity zone. He asked if there was a notice that went out notifying people about this opportunity zone. He added that over the last several years there have been several zone changes in the area. Michael Dente, 1142 Judson Street, Longmont, Colorado, stated that they believe this site is an appropriate candidate for a commercial rezone because it is located on the arterial intersection of County Roads 2 and 19 and it is located within Weld County's opportunity zone. He added that it has access to public utilities and it is conducive with the surrounding land uses. The Chair asked Mr. Knudson if they have read through the Conditions of Approval and if they are in agreement with those. Mr. Knudson replied that they are in agreement. Commissioner Holland asked if the other properties that have been developed in the area were properly considered when the update was made to the Comprehensive Plan. Mr. Gathman said that the two of the surrounding properties were reviewed in 2012 and 2017 through the Use by Special Review Permit process before the Comprehensive Plan was updated. Mr. Holland said that he is surprised at the degree of development on the Adams County side and that development is effectively low -density, residential use. On the other hand, where this property is located and the proposed zoning is in Weld County's Comprehensive Plan it makes a great deal of sense to him because of the roads that are there. He added that it seems the zoning makes sense but it also seems to be in conflict with the impressive residential applications in that area. He added that it is a confusing area. He asked Staff if they carefully considered the confusion and complexity of that area as they made this recommendation. Mr. Gathman replied yes. Motion: Forward Case COZ22-0010 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Shana Morgan, Seconded by Michael Palizzi. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland. CASE NUMBER: USR22-0026 APPLICANT: CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC PLANNER: MAXWELL NADER REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND RELATED TANKS AND ANCILLARY EQUIPMENT OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: PART OF THE NE4 AND LOT B REC EXEMPT RECX16-0112 BEING PART OF THE SE4 ALL IN SECTION 19, T7N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO CR 39; APPROXIMATELY 0.39 MILES NORTH OF CR 78. Maxwell Nader, Planning Services, presented Case USR22-0026, reading the recommendation and comments into the record. Mr. Nader noted that no comments from surrounding property owners have been received regarding this application. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. He added that Staff is recommending a commercial noise standard for the site at 55 dba during nighttime hours and 60 dba during daytime hours. Ryan Kaminky, Bayswater Exploration and Production, 730 17th Street, Denver, Colorado, stated that this is an existing oil and gas facility initially permitted for 16 horizontal wells. He added that they only drilled eight (8) wells so that left them with eight (8) abandoned locations. They have permitted through COGCC to drill two (2) wells here and the goal is to keep everything on an existing pad and to limit future disturbance 6 in the area. The goal is to connect two (2) new pads that are off of Highway 14 (Ruby and Topaz) as well as future development planned for west of this location. Typically, the majority of the pads in the area are truck hauled to other disposals in the area so their goal is to pipeline up to four (4) brand new facilities that would come on early next year and throughout next year. Based on schedule change and the ability to bring more wells on pipeline, the truck counts dropped to 65 during peak month. He added that some months they would be full pipeline and no trucks and other months they do have the capacity to truck into this facility. Commissioner Edens asked if there are houses close to this facility. Mr. Kaminky said that there is a house across the street of the golf course and there is house across the road owned by the surface owner, Calvary Farms. He added that it is a relatively rural area with not a lot of homes in the area. Commissioner Wailes asked if they are producer of this facility. Mr. Kaminky replied yes. Mr. Wailes asked if the other sites that the applicant will be piping from is from Bayswater as well. Mr. Kaminky replied yes and that they have no plans for commercial development and that this is strictly operator disposal. Mr. Wailes asked if there are any plans for recycling. Mr. Kaminky said that they recycle water on their hydraulic fracturing operations. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Kyle Merritt, 37643 CR 39, stated that he lives one-half mile south of the site. Mr. Merritt said that he has no problem with the facility but agrees with the Town of Eaton that the traffic is accessed to the north. He added that it is a lot of truck traffic and it becomes a major safety issue. Mr. Kaminky said that they have an updated traffic narrative with 100% of the trucks that will come from the north from Highway 14 and will try to do a 50/50 as they exit. He added that the are still working through this and will address that through a condition of approval. He further added that they are proposing that the majority comes and leaves to the north if they are able to turn left out of the facility. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR22-0026 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Skip Holland, Seconded by Michael Palizzi. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. Max Nader, Planning Services, presented the proposed 2023 Hearing Dates for the Weld County Planning Commission. Meeting adjourned at 2:36 p.m. Respectfully submitted, Kristine Ranslem Secretary 7 Hello