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HomeMy WebLinkAbout952236.tiff4,4 Wilk COLORADO September 18, 1995 John T. and James T. Martin 147 South Denver Avenue Fort Lupton, Colorado 80621 Dear Mr. Martin: OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE: 970-356-4000, Ext. 4200 Fax: 970-352-0242 P.O. Box 758 GREELEY, COLORADO 80632 Your application for a Change of Zone from A (Agricultural) to E (Estate) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as SE'/ NW'/ and SW'/ of Section 12, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by September 29, 1995. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dale K. Hall, Chairman DKH/skm l/we, do hereby request the Board of County Commissioners to consider the above mentioned application. 952236 Asrrn COLORADO. September 18, 1995 John T. and James T. Martin 147 South Denver Avenue Fort Lupton, Colorado 80621 Dear Mr. Martin: OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE' 970-356-4000, Ext. 4200 Fax: 970-352-0242 P.O. Box 758 GREELEY, COLORADO 80632 Post-iV Fax Note 7871 Date Q4g/9S I Tai : / s p Prom Stilt /n, c'ePtYY>mr�_ 4 en co. Weld Ceurrtij Phones Poona s i-6Yb-3Sfs -WOO '^ ae Fall I —l3 .%Qg- 73n F Fax s',g70-36 oack, Your application for a Change of Zone from A (Agricultural) to E (Estate) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as SE% NWYa and SW/ of Section 12, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by September 29, 1995. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dale K Hall, Chairman DKHlskm Ilwe, m . r , 27 .1 : , do hereby request Com sioners to consider the above mentioned application. No —t "" O o 1 0 z O , r-- Ozo ii on 77 L„.7 W ?1-r Q .I) no the Board of County x kill - 8 952236 Tw In COLORADO To From mEmoRAnuu Gloria Dunn, Current Planner Date Don Carroll, Project Coordinator Subject: Z-494, John and James Martin mWELD COUNTY (r -o^ f995 SEP 25 AM 9: 33 September 13 1995 CLERK TO THE BOARD The Martin Brothers are proposing to upgrade WCR 35, WCR 10 and the interior roads, at their expense, according to County standards. In addition, the Martins need to acquire additional right-of-way to access the proposed subdivision. Weld County Public Works Department recommends that the extension of WCR 10 and WCR 35 is placed on the County's maintenance system as they are section line roads that provide access to and from the facility. The internal roads would remain private, and they would be maintained by the homeowner's association or the developer. cc: Commissioner Webster Z-494 file S-335 file Dean Dreher :plan2.dc SEP 1. 5 1995 itkhd- Weld County Waste Disposal, Icicm comp( 219 E. Nakoma rnr. �• .•i r• —�;. San Antonio, TX 78216 (210) 525-1940 FAX (210) 525-1512 1995 CCT I C /.3 CLERK TO THE BOARD October 4, 1995 Dear Commissioner Hall: Weld County Waste Disposal, Inc. ("WCWD") is the owner of an approximate 80 acre tract of property which is more or less: East half of the Northwest Quarter, Section 12, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado (the "WCWD Property"). The address of the WCWD property is 4982 Weld County Road 35, Ft. Lupton, Colorado. The Martin Brothers have proposed development of the Martin Brothers Estates which development is south and east of the WCWD Property. As you are aware, the WCWD Property is the subject of a Special Use Permit No. 396 which granted to WCWD the right to store, dispose and otherwise handle oil filed brine and other petroleum related to liquid waste. Pursuant to an agreement with the United States Environmental Protection Agency ("EPA"), the facility was closed to further business in May, 1995 and the property is currently undergoing required remediation and closure. WCWD supports the Martin Brothers Estates application and believes that the proposed use of the property for residential real estate with an approximate density of one dwelling unit on each 3 or 4 acre lot as a proposed use is a good use that is consistent with the surrounding area. WCWD requests approval of the Martin Brothers Estates development by the Weld County Commissioners. Our support of the Martin Brothers Estates development has previously been evidenced by delivery of a Deed of Dedication from WCWD to the County of Weld, State of Colorado for a 30 -foot wide strip on the south boundary of the WCWD property for the purpose of a public highway pursuant to C.R.S. 43-2- 201(1)(a). Yours truly, Weld County Waste Disposal, Inc. Howard Duckworth, President X lti� b1+ E 352236 Swanson & Morris, tic ViELD COU .TY^ Oil and Gas Properties 1995 CCI —9 t;l 9: 22 CLERK TO THE CO! 7 October 6, 1995 Weld County Commissioners PO Box 758 Greeley, CO 80632 RE: Martin Brothers Multiple Homesite Proposal Township 1 North. Range 66 West Section 12: SW/4 Ladies and Gentlemen: As the owner of the SE/4 of Section 11, T1N-R66W, which directly offsets the above referenced land, I would like to register my support for the Martin Brothers project located in the SW/4 of Section 12. I believe that three acre home sites in this particular area is probably the most advantageous use of this property. It is my understanding that you are considering this matter at your October 11th meeting and I encourage a positive vote on this matter. Very truly yours, SWANSON & MORRIS, LLC Pia) Paul R Morris PRM/nr Fxhlhit F 410 17th Street • Suite 1180 • Denver, Colorado 80202 pL (303) 825.7243 • fax (303) 825-3229 CC �� ` C�' / I 92213 t ELD COUP JTY C`'' ,. .f n(`•/ t •r�yn (:35/7 GJC'. 2 2 d Ft. Lupton, Cola September 26, 1995 Weld County Commissioners 915 10 Street Lear Coratnissioners, 1995 0CT —9 PI 9: 29 `'• CLERK TO THE E,?':". •4r The reason for this letter is to express my support for the Martin Brothers' request for a zoning change for land which has no agricultural value to small acreage home sites known as estates, 'The -subdivision adjacent to this property on the east side has been very rrrli :1,�;. it is a definit:: asset to the ei unty. I sincerely support this change. 1O,9 / (r e ; L3vcc ) )P1-)' /492236 Martin Brothers Partnership 147 South Denver Avenue Fort Lupton, CO 80621 (303) 857-4800 To: The Weld County Commissioners Dale K. Hall, Chairman From: Martin Brothers Partnership Re: Case Z-494 John T. and James T. Martin - Change of Zoning from A (Agricultural) to E (Estate) Date: October 8, 1995 \"DLO CC!!MTY F5 OCT -9 fli 3:31 CLERK TO TIE EEn',.7.11, The following information is being submitted for your consideration to clarify the comments in the recommendation of the Weld County Planning Commission dated September 7, 1995. A copy of this recommendation is attached. 1. The submitted materials complied with the application requirements of Section 21.7 of the Weld County Zoning Ordinance by submitting all the data required and submitted all additional information and clarification's as requested by Ms. Gloria Dunn. AGRICULTURAL GOALS AND POLICIES The proposed rezoning is located West and North of existing five acre and one to two acre subdivisions which cater to horse owners. There are approximately one hundred and fifty homes in the adjacent area. The successful integration of these subdivisions with surrounding agricultural areas is proof of the compatibility of the land uses. All the "public facilities and services such as sewer, water, roads, schools, and fire and police protection" have been adequately and completely addressed by the applicants as noted in the application file. Adequate public access will be developed by the applicants, to County Standards, at no expense to the County. The Weld County Public Works Department's recommendations have been fully incorporated into the application. Water supply for the project will be a "public system" as required, and has been judged as such by Weld County attorney Lee Morrison. URBAN GROWTH BOUNDARY GOALS AND POLICIES Wit+ The City of Fort Lupton has been consulted and has found that the proposed rezoning does not diverge from its plans for development within the three mile urban boundary area. All infrastructure requirements, including public water and sewage systems, have been met. 952236 RESIDENTIAL GOALS AND POLICIES Applicants will build adequate public services for the subdivision. MI services will meet or exceed the County and State requirements for such services. With approximately one hundred and fifty homes in the adjacent area, the rezoning is compatible with the existing land use. The Weld County Disposal Plant, now closed and undergoing cleanup and environmental compatibility, is not a threat to the safety of the proposed subdivision. PUBLIC FACILITIES AND SERVICES GOALS AND POLICIES The water supply system proposed will meet all State requirements as reviewed by Mr. Dass, the Colorado State Engineer. No environmental problems for the individual septic systems have been identified and they will meet State and County requirements. The applicants have received approval of the proposed rezoning from the owners of the Speer Canal. The subdivision will maintain the open space as per this approval. Access to the subdivision was developed in conjunction with the Weld County Public Works Department and incorporates all the changes recommended by that department. The soil conditions existing for the proposed site roads do not differ from literally hundreds of miles of existing adequate roads built and maintained by the County. All roads in the subdivision will be built, at no cost to the County, to County standards and inspected by the Weld County Public Works Department prior to their approval. MI referral entities responses and recommendations have been complied with in the application. The applicants have enclosed letters for your consideration from adjacent property owners and petitions of Weld County residents urging approval of this application. Sincerely, 22? a/r&ii, cam Jbhn T. Martin and James T. Martin Applicants - Case Z-494 952236 10/10/95 09:21 FAX IJ 002 ■ Z00'd ET1z-0N WILL SS:90 $6/O1/Q1 Date; 09 October 1905 To: From: Subject: Weld County commissioners Willis hlisnsworth Proposed Development by John martin r'i-O COUNrr flfiNNOG T\ OCT i 0 1995 N �\VTte7 \7- * i wish to express my opinions on the housing development (52 new homes) proposed by Jos Martin. This development is located on 11. C.R. #35 and W.C.R. #10 approximately one Mile south of highway 52 and approximately 1/2 mile west of N.C.R. #37. I strongly oppose this development for the following reasons: • The development of the land in this area would greatly diminish the wildlife in the area. This area contains a vast array of wildlife from birds of pray such ae hawks falcons and an occasional eagle. also present are rabbits, prairie dogs and other rodents upon whin these birds feed. if this development is allowed to proceed the rodents will be driven out or distroyed and thus the birds of pray will also leave. + X feel that the row Hills aquifer is not adequate for such a development. The water contains abnormally high concentrations of sodium, 540 mg per liter (nominal is zo - 30 mg per liter). When my well is run at full capacity for five to tan minutes the water turns to mud (sample provided at toning meeting). There is also methane gas is solution in the water. Thus I consider the water undrinkable and it it is used to water plants the plants die. Thus a lawn is out of the question and this means the development will be mostly baron sandy soil which will create great dust atoms when the minds blow. * Traffic on Weld County Road #10 would more than double and W.C.R. #10 is poorly maintained by the county at this time. + Thin development will also create a further burden to provided by rt. Topton, such as fire (which took over arrive this last summer), police (whose response time and schools, which ere already ever burdened * The development is bordered by the Weld County Waste Disposal plant on the north. This I feel is a possible health hazard to residents of the new development, because of the petrvlent waste that was dumped there for many years. There is a strong possibilL'ty that the ground has been contaminated by leaking containment ponds at the site. • Mr. Martin is proposing a community water system and roads which will become the responsibility of the residents. The sane was true for the Martin Brother P.Q.D. in which I live. However, it has come to my attention that hazardous material from the Wald county Waste Disposal site Wan used an a base on the roads. Mt. Martin has made on attempt to clean-up the waste oil that was duar3 nor has be provided our association with a means to do road maintenance er the funds which he was suppose to collect and turn over to our association for road maintenanoe. It's my opinion that Mr. Martin has made too many promises and not kept them. Ckhit bt 2 -A the services 30 minutes to is no better), 952236 /2,1( [5"); /LrnTaarx :niru-m noca-nru Lrrnc.oa cc_ ar I -in GORDON D. BROWN, D. V, M. 232 FIRST STREET FORT LUPTON, COLORADO 80621 To: Weld County Board of Commissioners Re: Martin Brothers Zone Change Request I had planned to attend the Weld County Commissioners Meeting today, October 11, 1995, but beaause of some unexpected circumstances I am unable to attend. Please accept this letter in your consideration today. My background is Veterinary Medicine as well as farming and ranching. My practice since 1955 was based in Fort Lupton, Colorado and the farm and ranch is in the Galeton/ Barnesville area. My home east of Fort Lupton is located in the area that you are giving attention to at this time. To change the zoning of tr.is land from agriculture to estate zoning, in my opinion, is a reasonable request. This land is part of the sand hill ridge that runs between Fort Lupton and Hudson. It is not suitable nor economically feasable to make use of this land for agriculture. To my knowledge the land has never been tilled. My sincere belief is that the best use is for home sites. If they do not use it for this purpose, then I am at a lose to say what economic worth it has. Since I started practice here in 1955, considerable irrigated land has been taken out of production for one reason or another. Please give consideration to using some of this non irrigated land for a useful purpose, as the Martin Brothers are requesting. It would be in all of our best interest. aircereely, Gordon D. Brown, DVM October 10, 1995 DOCKET NO. 95-63 I am against changing this property from Zone A to Zone E for these reasons: (SE*NW* & SW'-+ of Sec 12, Township 1 NO, Range 66 W of 6th. P.M., Weld CO) 1. This is a rural farming area. One subdivision multiplies and soon the rights of farmers will be infringed upon. Too many animals, machinery, bad smells, noises. Cities will want to incorporate our land. 2. Water is in short supply on the plains. More houses, esperially 5 acre or smaller plots mean more water wells, which eventually mean a diminishing supply of water. In the past five years we have had to lower our well head approximately 300'. Our water quality has also gone down. Sodium content is over 100% of safe maximum levels. We, and all our neighbors in the new Martin subdivision to the south, buy all our drinking and cooking water. Horticulturists have told us not to water our trees with this water. Our well is ten years old. Five years ago we replaced all the wiring, pipes, and pump. Again this summer we replaced all the pipes and the pump. Both times our pipes were completely rusted inside and out, & with cracks. We have yet to figure out why this happens. We know people with wells twenty- five years & more old, and have had zero problems. Is Mr. Martin going to disclose these unhealthy facts to prospective buyers, who could face these same problems after a few years? 3. Also is Mr. Martin going to disclose to prospective buyers about their adjoining neighbor, WCWD? Will he tell them WCWD is an EPA clean-up site and the reasons for this? This is the second time is US history that a site has been shut down for enviromental reasons. Soil samples are being taken from our property and other properties. On the SW side of our property contaminated soil has been found. The chance of their ground being contaminated are the same or better than ours. For the above reasons I do not think this subdivision is healthy or necessary for this area. Timothy N. & Mary T. Trostel 17264 WCR 12 Ft. Lupton, CO 80621 767 oidAtera Adjoining property owners to the north 952236 ,'.;LLD COL "�:'TY (9 75 ET I I t,'1 9: 55 ,.CLERK TO THE FOAM Ft. Lupton, Colo. September 26, 1995 Weld County Commissioners 915 10 Street Greeley, Co 80631 Dear Commissioners, The reason for this letter is to express my support for the Martin Brothers' request for a zoning change for land which has no agricultural value to small acreage home sites known as estates. The subdivision adjacent to this property on the east side has been very well done. It is a definite asset to the county. I sincerely support this change. ae.. ,Gott; 952236 200'39Ud Og:8 G6. II 130 Pat Kyffin 7796 Highway 78 West Beulah, Colorado 81023 October 9, 1995 `VELD CCL"-TY P25 CCt I I Art 9: 49 CLERK TO THE Fn:,° Weld County Commissioners P. 0. Box 758 Greeley, Colorado 80632 Re: Case n Z-494 Martin Brothers Estates Dear Commissioners. I am Trustee for the Pilkington Family Trust. Our property is located next, South, to the Martin Brothers Partnership proposed subdivision in Weld County, Colorado. After a discussion with members of the Family Trust, we are writing to give you our opinion of this plan. We recommend it highly, as we feel that the location is far enough from town to keep from overburdening the city utilities and yet convenient. It would bring a good revenue to the county tax rolls. The Martin Brothers ground in question is not as useable agricultural ground as others. It is more sparsely sodded and has no water shares available. Therefore, it could only be used as possiblepasture ground, , of which you would need 40 acres per unit. Therefore, you would no t belosing from your tax roles, prime agricultural ground. As far as being next door neighbors, we feel that our land would not suffer any injury. We reel the Commissioners should approve the rezoning. Sinc Pat Kyff in Trustee Z0'd T00'oN S2:a £6.TT 130 US Cattle Brand Since 1875 H. Michael Croissant P.O.Box 987 Brighton, Colorado 80601 Telephone 303/659-5958 B.O.S.S. Compost Inc. 2602 Weld County Road 27 October 7, 1995 Gloria Dunn Current Planner Department of Planning Services Weld County Administration Offices 1400 N. 17th Avenue Greeley, Colorado 80631 OC'IC Re: Martin Estates Planning Hearing Wednesday/ October 11, 1995/ Weld County Commissioners/Broker William Childs, GRI 5564 W. Rowland Place Littleton, Colorado 80123 Dear Ms. Dunn: Previously I directed a letter to the Department of Planning Services that so well serves the Weld County community in it's efforts to best serve all property owners within the the jurisdiction of Weld County, addressing the Martin Estates project. As indicated in my last communications as an agricultural and adjacent property owner of the Martin Brothers , I do not oppose the development of project as such . However as an agricultural minded land owner, I have taken liberty to address with Mr. Martin the attached agreement, with special attention to p/ eight (8). In this statement and language the Martin Brothers Partnership must cause a Resolution preserving the land around the proposed subdivision to be saved in it's present zoned agricultural use in the present and future. That the same information is to be recorded as a Resolution in the records of the Clerk and Recorder of Weld County Colorado. Finally the attached document concerns the purchasers of land from the proposed subdivision to be informed of the agricultural surroundings and the expectations of the happenings of land in it's agricultural uses. I thank you for the opportunity to once again, allowing me to input a positive concern for the future of the proposed development with, emphasis on the agricultural integrity. 952236 Gloria Dunn Current Planner October 7, 1995 Page 2 Sincerely, IncL H. Michael Croissant cc: file / encl 952236 u U.i H3 I .1: U8 "U .1110 ,J,1 i_i.1 ?luudt, it Cloll'A\S' -.-.-. tA,ClihR Hh,SEANUH [4]002 AUG-31-95 THU 12:12 PM McCLARY and ZORN 303 067 3703 P.e: I.RW OFFICES EPPERSON • MCCRRY • ZORN Ca MCCLARY GEORGE R. 6PPERSON mos. was; DONALD F. MdtARY EDWARD L TORN ANDREW F. McG/IFIV 31 August 1995 William H. Childs Martin Brothers Partnership 147 South Denver Avenue Fort Lupton, CO 80621 Re: Michael Croissant Property Dear Mr. Childs: 317 ENSIGN Si. • o,o. ear SO7 FORT MORGAN. CO 80701 (970) $67-5621 Pursuant to our telephone conversation, the following is the agree- ment as T now understand it between Michael Croissant and Martin Brothers Partnership regarding Martin Brothers Estates: 1. The following Addendum will be placed on every Sales Contract regarding sales of lots in Martin Brothers Estates. "The purchasers herein acknowledge that they have been informed of the agricultural use on the surrounding properties to this subdivision, saving and excepting an adjoining residential subdivision. The purchasers further acknowledge that they have physically inspected the 'premises and the surrounding area and desire to purchase the above described property for residential use purposes with the knowledge that the above surround- ing premises is used for agricultural purposes, including crop production, animal production, composting and other farm uses which necessarily entail the use of large machinery and the confinement of livestock, which uses may generate dust, noise, odor and attract insects." 2. Each deed conveying a lot from the Martin Brothers Estates Subdivision must contain the following: "Subject to Weld County Zoning Regulations and all uses allowed or permitted in adjoining zoning districts." 3. Martin Brothers Partnership will not object to the Special Use Permit Application or other necessary -application filed by Mr. Croissant on behalf of his business for the establishment and future maintenance of his composting business located in Section 11, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 952236 • “'.ti(i'Bn 1.1 Ud 'u •i ins AUG-31-95 THU 12:12 PM McCLARY and ZORN uunit'Ai 44. ELL.,UR KhthAKldl I{1.I Ul)3 5e3 867 3793 ►.( William H. Childs Page Two 31 August 1995 4. That Michael croissant will dedicate for public road purposes ' the east 30 feet of his premises along said Section 11, which dedication will be subject to acceptance and approval by Weld County, Colorado. 'It being the intent that' if said dedication is not accepted by weld County, Colorado, then there shall be no requirement to convey or otherwise dedicate the above .30 foot strip. 5. That Martin Brothers Partnership represent unto Michael Croissant and agree that they will assume all responsibility for the construction of the extension of Road 35 along the Croissant property in Section 11 pursuant to the above dedication. It being the intent of the parties that Croissant shall not be responsible for any expenses or costs of the construction of said road and shall not be held accountable to Weld County or any other entity for the construction of the same. 6.. That Martin grothexs Partnership will construct 'two ingress and egress accesses to Road 35 as extended along said Section tt for Croissant's use. The cost of said construction shall be assumed by Martin Brothers Partnership in total. Said accesses shall be constructed so as to allow for proper drainage and to otherwise be constructed in good and workmanlike construction. 7. That Croissant shall not oppose the Subdivision Application for Martin Brothers Estate, which Application is for a subdivision of approximately 195 acres and building sites of not less than 24 acres each. Should the size of said building sites be modified or amended, thereby resulting in an increase in building sites or density, Croissant shall have the opportunity to review said changes and exercise such rights as would otherwise be available to him. B. That Martin Brothers Partnership shall use its best efforts to cause a statement to be incorporated into any Resolution adopted by Weld County approving the subject subdivision, which statement would refer to the fact that the surrounding area, saving and excepting an adjoining subdivision, are all agriculture zoned, with present and future agricultural uses. A certified copy of said Resolution must be recorded in the records of the Clerk and Recorder of Weld County, Colorado. Each party should acknowledge their acceptance and agreement to the above by signing below. 952236 Iu'UJ/U5 Jo /k '.,<.., 1i U.i Ii6 h i.Uiit'AAI .44 r,LUghk Hr;SbARCH IQIIIUJ RUG -S1-96 THU 12:13 PM McCLRRY and 20RH 303 667 E70E • P.4 William H. Childs Page Three 31 AuguSt 1995 S Very tr Edward L. Zorn ELZ/by State of Colorado County of )SS The foregoing instrument was acknowledged before me this j day of } LA /q�J f ci i ur AA_ A) . I. ii IA / / , 1995, by My commission expires IC- /7-79 WITNESS my hand and official seal. (rider P. Lei/t. I Notary Public Leslie J. r.cc..v. 1340 East Bridge Street Brighton, Colorado 80601 952236 u iu4,95 iaiau 'liauJ 7W6 72o 3iu Ui�r, & UJMPANS 444 huCaER' RbSEARCB AUG—a1-95 THU 12:13 PH Mc.CLARY and ZORN Q 0U4 • 30E B67 370E P.' William H. Childs Page Three 31 August 1995 s very r ew... Edward L. Zorn ELZ/by Martin._Brothnrn Part-narnhin State of Colorado ) ) SS County of Ada ) On this V day of( " ' , 1995, before me Personally , proved to me on the Oath of Leslie J. Eccher a Notary Public, to be the person whose name is subscribed to within the instrument, and acknowledged that he executed the same on the date before acknowledged. My Commissio . expire` ay' enmmiss nn Fypirec Apr. 7, 1907 Notary Pu Leslie J. Eccher 1340 East Bridge Street Brighton, Colorado 80601 952236 Hello