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HomeMy WebLinkAbout20070441.tiff RESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #600, FOR NINE (9) LOTS WITH E (ESTATE)ZONE USES, ONE (1) COMMON OPEN SPACE OUTLOT,AND CONTINUING OIL AND GAS PRODUCTION- DISTANT THUNDER PUD - JZM, LLC, C/O JOHN AND MARY ZADEL WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,a public hearing was held on the 28th day of February,2007,at 10:00 a.m.for the purpose of hearing the application of JZM, LLC, do John and Mary Zadel, 4200 Weld County Road 19,Fort Lupton,Colorado 80621,requesting a Site Specific Development Plan and Planned Unit Development Final Plan,PF#600,for nine(9)lots with E(Estate)Zone uses,one(1)common open space outlot,and continuing oil and gas production-Distant Thunder PUD,fora parcel of land located on the following described real estate, to-wit: Part of the S1/2 of Section 10, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS,at said hearing the Board deemed it advisable to continue the matter to March 7, 2007,at 10:00 a.m.,to allowed adequate time for Department of Public Health and Environment staff to review the revised plat and Covenants, and WHEREAS, on March 7, 2007, the applicant was present/represented at said hearing by Doug Graff, 9075 Weld County Road 10, Fort Lupton, Colorado 80621, and WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a Planned Unit Development Final Plan, and WHEREAS,the Board of County Commissioners heard all the testimony and statements of those present,studied the request of the applicant and the recommendations of the Weld County Planning Commission,and,having been fully informed,finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.D as follows: a. Section 27-7-40.D.2.a--The proposal is consistent with Chapters 19,22,23, 24,and 26 of the Weld County Code and any Intergovernmental Agreement in effect influencing the PUD. 1) Section 22-2-210.D.2 (PUD.Policy 4.2) states, "A Planned Unit Development, which includes a residential use, should provide 2007-0441 PL1719 "IL /Gf c&o) °t o3 ,q—o 7 PUD FINAL PLAN, PF #600 - JZM, LLC, C/O JOHN AND MARY ZADEL PAGE 2 common open space free of buildings,streets,driveways,or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation." The applicant has included 47.5 acres of open space which surrounds the residential lots,providing usable open space for the residents of the PUD. No residences shall be built in this area. 2) Section 22-3-50.6.1 (P.Goal 2)states, "Require adequate facilities and services to assure the health,safety,and general welfare of the present and future residents of the County." The proposed PUD will be serviced by the Central Weld County Water District and Individual Sewage Disposal Systems will handle the effluent flow. 3) The proposed site is not influenced by the Mixed Use Development area. The site is located within the City of Dacono's Intergovernmental Agreement. The applicant has entered into an Annexation Agreement with the City of Dacono, recorded on March 15, 2004, under Reception Number 3161681, which states both parties agree that ata date uncertain,the applicant will annex into the City of Dacono. b. Section 27-7-40.D.2.b -- The uses which will be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Chapter 27,Article II, of the Weld County Code. An approved On-Site Improvements Agreement will be required prior to recording the plat. All other Performance Standards have been addressed prior to the Final Plan application submittal. The applicant has chosen to adhere to the bulk requirements of the E(Estate)Zone District for the residential lots and the A (Agricultural) Zone for the open space outlot, with the exception of the minimum lot size,as approved by the Change of Zone recorded on August 2, 2006,under Reception Number 3408234. No residences are allowed on the open space outlot. c. Section 27-7-40.D.2.c--The uses which will be permitted will be compatible with the existing or 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 or Master Plans of affected municipalities. The proposed site is influenced by the City of Dacono's Intergovernmental Agreement. The applicant has entered into an Annexation Agreement with the City of Dacono, recorded on March 15, 2004, under Reception Number 3161681. The proposed development is also located within the three-mile referral area of the City of Fort Lupton. The City of Fort Lupton, in its referral dated January 3, 2007, states no objection to the development itself,but questions the PUD request by the applicant. The City of Fort Lupton also has concerns regarding the proposed development being compatible with the existing zoning of the surrounding area and that it may 2007-0441 PL1719 PUD FINAL PLAN, PF #600 -JZM, LLC, CIO JOHN AND MARY ZADEL PAGE 3 not comply with the City of Dacono's Comprehensive Land Use Plan,revised in January 2005. The City of Dacono stated, in its referral dated December 22, 2006, that it objects to the proposal and does not have a record of the mutually signed agreement. The applicant has supplied the City of Dacono with a copy of the recorded agreement. The surrounding uses are agricultural in nature,with the following approved Use by Special Review Permits: USR-1039 for an injection well, USR-1330 for an Excavation Business, and USR-428 for a Compressor Station for Natural Gas. Granting of this PUD Final Plan will have a minimal impact on the surrounding land uses. d. Section 27-7-40.D.2.d --Adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the Performance Standards in Chapter 27,Article II,of the Weld County Code. The residential lots will be serviced by the Central Weld County Water District. The Weld County Attorneys Office has indicated that the water agreement submitted by the applicant was adequate for the Change of Zone. The Weld County Department of Public Health and Environment has indicated, in a referral response dated August 29, 2003, that the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. e. Section 27-7-40.D.2.e--Street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Department of Public Works reviewed this request and indicated, in the referral dated December 27, 2006, that the applicant will still need to address the drainage and the construction of the road. The applicants have submitted a Private Improvements Agreement According Policy Regarding Collateral for Improvements. A finalized Improvements Agreement will be required for review,and accepted by the Weld County Board of County Commissioners, prior to recording the PUD final plat. f. Section 27-7-40.D.2.f- In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22,24,and 26, if applicable. The Weld County Department of Public Works has indicated, in the referral dated December27,2006,that a traffic studyforthe proposed subdivision was not required because Weld County Road 19 is a paved roadway and capable of handling the additional traffic,therefore,no off-site improvements are required. g. Section 27-7-40.D.2.g -- There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the 2007-0441 PL1719 PUD FINAL PLAN, PF#600 - JZM, LLC, C/O JOHN AND MARY ZADEL PAGE 4 subject site. The Weld County Department of Public Works stated a copy of the Final Drainage Report and construction plans shall be approved prior to recording final plat. h. Section 27-7-40.D.2.h--The proposed PUD Final Plan uses are compatible with the criteria listed in the Developmental Guide included in the application materials. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of JZM, LLC, c/o John and Mary Zadel, for a Site Specific Development Plan and Planned Unit Development Final Plan, PF #600, for nine (9) lots with E(Estate)Zone uses,one(1)common open space outlot,and continuing oil and gas production- Distant Thunder PUD,on the above referenced parcel of land be,and hereby is,granted subject to the following conditions: 1. Prior to Recording the PUD Final Plat: A. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements,including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. B. The applicant shall submit, to the Weld County Department of Planning Services,a bid for the proposed landscaping, listing the itemized materials and labor costs as outlined in the Improvements Agreement. The applicant shall make the appropriate changes to the Improvements Agreement, as stated by the Department of Public Works in the referral dated January 2, 2007, and then resubmit copies of the Agreement for final approval by the Weld County Departments of Public Works and Planning Services. C. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed and approved the Restrictive Covenants and Homeowners' Association Incorporation paperwork for the Distant Thunder PUD. Any changes requested by the Weld County Attorney's Office and Department of Planning Services shall be incorporated. D. The applicant shall submit finalized copies and the appropriate fee($6.00 for the first page, and $5.00 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Distant Thunder PUD in the office of the Clerk and Recorder. E. The applicant shall provide written evidence from all applicable service agencies, including the Fort Lupton Fire Protection District,the Weld County Sheriffs Office,Ambulance provider,and the Post Office,to the Department of Planning Services indicating that the proposed street names are in compliance with their identification/naming protocol/addressing. 2007-0441 PL1719 PUD FINAL PLAN, PF#600 - JZM, LLC, C/O JOHN AND MARY ZADEL PAGE 5 F. The applicant shall submit evidence to the Department of Planning Services that the Homeowners'Association has been recorded with the Secretary of the State. G. The applicant shall submit deeds to the Department of Planning Services for recording of the outlot and open space areas deeding them to the Distant Thunder Homeowners' Association. H. The applicant shall address the requirements and concerns of the Weld County Department of Public Works, as stated in the referral responses dated December 27,2006, and February 20, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 1. The applicant shall address the requirements and concerns of the Weld County Department of Public Health and Environment, as stated in the referral response dated December 26, 2006. Evidence of such shall be submitted, in writing,to the Weld County Department of Planning Services. J. The applicant shall address the requirements of Weld County School District RE-8, as stated in the referral response dated December 28, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. K. The applicant shall attempt to address the requirements and concerns of the City of Dacono,as stated in the referral response dated December 22,2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. L. The applicant shall attempt to address the requirements and concerns of the City of Fort Lupton,as stated in the referral response dated January 3,2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. M. The Platte Valley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on-site soils. Evidence of such shall be submitted, in writing,to the Weld County Department of Planning Services. N. The applicant shall address the requirements and concerns of the Weld County Paramedic Service, as stated in the referral response dated December 12, 2006. Evidence of such shall be submitted, in writing,to the Weld County Department of Planning Services. O. The applicant shall attempt to address the requirements and concerns of the Farmers Reservoir and Irrigation Company, as stated in the referral 2007-0441 PL1719 PUD FINAL PLAN, PF #600 - JZM, LLC, C/O JOHN AND MARY ZADEL PAGE 6 response dated December 11,2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. P. The applicant shall address the requirements and concerns of the Office of the State Engineer, Division of Water Resources, as stated in the referral response dated December 8, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. Q. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. R. The applicant shall submit to the Weld County Department of Planning Services a signed Water Service Agreement with the Central Weld County Water District. S. The applicant shall make the following changes to the Covenants: 1) Page 1, Section 2.5, shall state the "declarant shall install a paved road according to the specifications of Weld County." 2) Page 16, Section 8.7, the signs in the subdivision must adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. 3) Page 15, Section 8.5, the Animal units allowed must adhere to Sections 23-1-90 and 23-3-440.H of the Weld County Code for E (Estate)Zoning. 4) Page 20, Section 8.17, shall also restrict building structures within the drill envelopes noted on the plat. 5) The applicant shall also address the concerns of the Utilities Coordinating Advisory Committee expressed at the hearing on January 11,2007, regarding fences not being allowed to be built on or hinder the open space access between Lots 5 and 6. 6) The applicant shall include language in the Covenants that address the concerns of Xcel Energy, as stated in the referral dated July 24, 2006. T. The applicant shall submit a digital file of all drawings associated with the Final Plan application. 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). 2007-0441 PL1719 PUD FINAL PLAN, PF#600 - JZM, LLC, CIO JOHN AND MARY ZADEL PAGE 7 U. The Plat shall be amended to include the following: 1) All sheets of the plat shall be labeled PF-600. 2) The Weld County's Right to Farm Statement shall be placed on the plat per Appendix 22-E of the Weld County Code. 3) The applicant shall delineate the primary and secondary septic system envelopes. 4) Both John and MaryZadel shall sign the plat as acting managers for JZM, LLC. 5) Weld County Road 19 is classified by the Weld County Roadway Classification Plan as a collector status roadway,which requires 80 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it, along with any additional future right-of-way required. 6) The City of Dacono is requesting that 45 feet from the center line of Weld County Road 19 be dedicated. 7) The wetland area currently shown on Lot 3 shall be located entirely within the open space outlot. 8) The Typical Road Cross Section shall be amended to show a six(6) inch minimum Class 5 Road Base. 9) The plat shall include a drainage and utility easement across the open space along Weld County Road 19,per the requirements of the Utilities Coordinating Advisory Committed hearing on January 11, 2007. 10) The plat shall include a utility and drainage service block,per Section 27-9-40.B of the Weld County Code. 11) The sign shall adhere to Chapter 23,Article IV,Division 2,of the Weld County Code,and its location and design shall be delineated on the plat. 12) Intersection sight distance triangles at the development entrance will be required to be shown on the plat. All landscaping within the triangles must be less then 3.5 feet in height a maturity. 2007-0441 PL1719 PUD FINAL PLAN, PF #600 - JZM, LLC, CIO JOHN AND MARY ZADEL PAGE 8 13) The plat certificates shall adhere to Section 27-9-20.M of the Weld County Code. 14) The applicant shall delineate the location of the mail kiosk. 15) The applicant shall show the location of all fire hydrants approved by the Fort Lupton Fire Protection District. 16) The applicant shall indicate how the landscaping within the open space will be irrigated. 17) The Landscape areas on Lots 1 and 9 shall be outlots and dedicated to the Homeowners' Association. 18) The applicant shall designate building envelopes on Lots 1 through 9 that meet the setback requirements of Section 23-3-440 of the Weld County Code. 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. PUD Final Plat, PF #600, is for nine (9) lots with E (Estate) Zone uses, one(1)common open space outlot(47.5 acres),and continuing oil and gas production uses, Distant Thunder PUD. B. The nine residential lots shall adhere to the bulk standards of the E(Estate) Zone District, except for the minimum lot size. C. The open space lots are non-buildable for residential structures or structures providing habitable space. D. Installation of utilities shall comply with Sections 24-9-10 and 27-9-40 of the Weld County Code and the conditions of the Utilities Coordinating Advisory Committee. E. A Weld County septic permit is required for each proposed septic system, which shall be installed in according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. Each septic system shall be designed for site-specific conditions including, but not limited to:maximum seasonal high groundwater, poor soils, and shallow bedrock. F. Water service shall be provided by the Central Weld County Water District. G. Prior to the release of building permits on Lots 1 through 9, the lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the 2007-0441 PL1719 PUD FINAL PLAN, PF #600 - JZM, LLC, C/O JOHN AND MARY ZADEL PAGE 9 property line, and the sewer provider is willing to serve the proposed structure,a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted, in writing, to the Weld County Department of Building Inspection. H. Language for the preservation and/or protection of the absorption field'areas' shall be placed in the development Covenants. The Covenants shall state that activities, such as permanent landscaping, structures, dirt mounds, animal husbandry activities, or other activities that would interfere with the construction,maintenance,or function of the fields,should be restricted over the absorption field areas while in use. If required, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. J. During development of the site,all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. K. In accordance with the Regulations of the Colorado Air Quality Control Commission,any development that disturbs more than five(5)acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. L. If land development creates more than a 25-acre contiguous disturbance,or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. M. A Homeowners'Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance,taxes and maintenance of open space, streets, private utilities, and other facilities, along with the enforcement of the Covenants. N. The Homeowners'Association shall be responsible for replacing all dead or dying plant material in the open space areas. O. Weld County's Right to Farm Statement,as delineated on this plat,shall be recognized at all times. P. Stop signs and street name signs will be required at all intersections. 2007-0441 PL1719 PUD FINAL PLAN, PF #600 - JZM, LLC, CIO JOHN AND MARY ZADEL PAGE 10 Q. All signs, including entrance signs,shall require building permits. All signs shall adhere to Chapter 23,Article IV, Division 2,of the Weld County Code. These requirements shall apply to all temporary and permanent signs. R. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. S. A building permit application must be completed for each lot, and two complete sets of plans,including engineered foundation plans,shall bear the wet stamp of a Colorado registered architect or engineer and must be submitted for review. A Geotechnical Engineering Report, preformed by a Colorado registered engineer, shall be required. T. A plan review must be approved, and a permit must be issued, prior to the start of construction on any of the planned lots. U. All structures shall conform to the requirements of the 2003 International Building Code, 2005 National Electrical Code, and Chapter 29 of the Weld County Code or adopted Codes at the time of the building permit. V. Prior to the release of building permit,the applicant shall submit evidence of approval from the Fort Lupton Fire Protection District to the Weld County Department of Building Inspection. W. Setback and offset distances shall be determined by the 2003 International Building Code and Chapter 23 of the Weld County Code(offset and setback distances are measured from the farthest projection from the structure). X. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. Y. 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. Z. The site shall maintain compliance,at all times,with the requirements of the Weld County Departments of Public Works,Public Health and Environment, and Planning Services, and adopted Weld County Code and policies. AA. The site shall maintain compliance with the Fort Lupton Fire Protection District at all times. BB. Effective January 1,2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 2007-0441 PL1719 PUD FINAL PLAN, PF #600 -JZM, LLC, C/O JOHN AND MARY ZADEL PAGE 11 CC. Effective August 1,2005,building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. DD. Section 27-8-70 of the Weld County Code-Failure to Commence a Planned Unit Development Final Plan - If no construction has begun, or no use established in the PUD within one(1)year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction, and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed,or that the landowner cannot implement the PUD Final Plan,the Board may, after a public hearing,revoke the PUD Final Plan and order the recorded PUD Plan vacated. EE. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty(30)days thereof. A hearing shall be held by the Board within fifteen (15)days of the issuance of such notice, setting forth the item, date, and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. FF. Section 27-8-80.B of the Weld County Code - Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101,et seq.,C.R.S. GG. No development activity shall commence, nor shall any building permits be issued on the property,until the Final Plan has been approved and recorded. 3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall submit two(2)paper copies of the plat,for preliminary approval,to the Weld County Department of Planning Services. Upon approval of the paper copies,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 the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 27-9-20 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. 2007-0441 PL1719 PUD FINAL PLAN, PF #600 - JZM, LLC, C/O JOHN AND MARY ZADEL PAGE 12 4. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one(1) year of the date of the approval of the PUD Final Plan,or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 7th day of March, A.D., 2007. BOARD OF COUNTY COMMISSIONERS r I WE COUNTY, COLORADO ATTEST: rj.gall � cift. /yy d`` i ,_ 2 id E. Lon Chair Weld County Clerk to the Bard ii El N er ' 4' illia a e, Pro-Tern y Clerk o the Board (CA 7 William F. Garcia APPROVED AS TO FORM: , V' O_ C( Ro ert D. asden iit Douglas Rademacher Date of signature: A40 l 2007-0441 PL1719 Hello