HomeMy WebLinkAbout20122039.tiff r, rf✓ CLERK TO THE BOARD
1861 PHONE (970) 336-7215, EXT 4226
xrE
FAX (970) 352-0242
WEBSITE: www.co.weld.co.us
1150 O STREET
P.O. BOX 758
COUNTY
. OUUNT T GREELEY CO 80632
August 2, 2012
TABER PROPERTIES LLC
4535 W 29 ST
GREELEY, CO 80634
RE: THE BOARD OF EQUALIZATION 2012, WELD COUNTY, COLORADO
ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRMATION OF
ASSESSOR'S VALUE
ACCOUNT NO.: R6778914
Dear Petitioner:
On July 31, 2012, the Board of County Commissioners of Weld County Colorado
convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq.,
considered your request for an Administrative Denial of your petition for appeal of the Weld
County Assessor's valuation of your property described above, for the year 2012.
The Assessment and valuation is set as follows:
ACTUAL VALUE AS ACTUAL VALUE AS
DETERMINED BY ASSESSOR SET BY BOARD
$2,259,000.00 $2,259,000.00
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within
thirty (30) days of the date the denial is mailed to you. You must select only one of the
following three (3) options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County
Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing
before that Board will be the last time you may present testimony or exhibits or other evidence,
or call witnesses in support of your valuation. If the decision of the Board of Assessment
Appeals is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(2),
only the record of proceedings from your hearing before the Board of Assessment Appeals and
your legal brief are filed with the appellate court.
'95GD8a
2012-2039
All appeals to the Board of Assessment Appeals filed after August 10, 2011, MUST
comply with the following provisions of C.R.S. Section 39-8-107(5):
(5)(a)(I) On and after August 10, 2011, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent-producing commercial real property to the board of assessment
appeals pursuant to section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 39-10-
114 shall provide to the county board of equalization or to the board of county commissioners of the
county in the case of an abatement, and not to the board of assessment appeals, the following
information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax
year;
(B) Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the relevant property tax year; and
(D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within
ninety days after the appeal has been filed with the board of assessment appeals
(b)(I) The assessor, the county board of equalization, or the board of county commissioners of the county,
as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal
with the board of assessment appeals not more than ninety days after receipt of the petitioner's request,
the following information:
(A) All of the underlying data used by the county in calculating the value of the subject property that is
being appealed, including the capitalization rate for such property; and
(B) The names of any commercially available and copyrighted publications used in calculating the value
of the subject property.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the county may move
the board of assessment appeals to compel disclosure and to issue appropriate sanctions for
noncompliance with such order. The motion may be made directly by the county attorney and shall be
accompanied by a certification that the county assessor or the county board of equalization has in good
faith conferred or attempted to confer with such petitioner in an effort to obtain the information without
action by the board of assessment appeals. If an order compelling disclosure is issued under this
paragraph (c) and the petitioner fails to comply with such order, the board of assessment appeals may
make such orders in regard to the noncompliance as are just and reasonable under the circumstances,
including an order dismissing the action or the entry of a judgment by default against the petitioner.
Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued,
and the accrual of interest shall resume as of the date the contested information has been provided by
the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board,
and must be mailed or delivered within thirty (30) days of the date the denial by the Board of
Equalization is mailed to you.
2012-2039
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: 303-866-5880
Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not
charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer
represented by an attorney or agent must pay a fee of $101.25 per appeal.
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of
Equalization to the District Court of the /county wherein your property is located: in this case that
is Weld County District Court. A hearing before The District Court will be the last time you may
present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If
the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S.
Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 24-4-106(9),
govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you
choose this option, the arbitrator's decision is final and you have no further right to appeal
your current valuation. C.R.S. Section 39-8-108.5 governs this process. The arbitration process
involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization that you will
pursue arbitration. You and the Board of Equalization will select an arbitrator
from the official list of qualified people. If you cannot agree on an arbitrator, the
District Court of the county in which the property is located (i.e., Weld) will select
the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60)
days from the date the arbitrator is selected, and are set by the arbitrator. Both
you and the Board of Equalization are entitled to participate in the hearing. The
hearing is informal. The arbitrator has the authority to issue subpoenas for
witnesses, books, records documents and other evidence pertaining to the value
of the property. The arbitrator also has the authority to administer oaths, and
determine all questions of law and fact presented to him. The arbitration hearing
may be confidential and closed to the public if you and the Board of Equalization
agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by
you and the Board of Equalization. In the case of residential real property, the
fess may not exceed $150.00 per case. For cases other than residential real
property, the arbitrator's total fees and expenses are agreed to by you and Board
of Equalization, but are paid by the parties as ordered by the arbitrator.
2012-2039
If you have questions concerning the above information, please call me at (970) 336-7215,
Ext. 4226.
ye7 truly yours,
Esther E. Gesick, Deputy Clerk
Weld County Board of County Commissioners
Cc: Christopher Woodruff, Weld County Assessor
ASSET REALTY ADVISORS INC
5 E BELLEVIEW DRIVE
GREENWOOD VILLAGE, CO 80121
2012-2039
Tonya Disney
From: Courtney Anaya
Sent: Tuesday, July 17, 2012 8:13 AM
To: Tonya Disney
Cc: Esther Gesick
Subject: FW: R6778914 John Sway Dealership in Greeley
Hi Tonya,
Is this email sufficient enough for an Admin Denial? Also, I am back from vacation so you don't need to carbon Rebecca
on emails any longer. Thanks for all your help while I was out! O
Thanks!
Courtney Anaya
Assistant Analyst
Weld County Assessor's Office
(970) 353-3845 ext. 3670
canaya@co.weld.co.us
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Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please
immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Noel Lawrence
Sent: Monday, July 16, 2012 10:52 AM
To: Courtney Anaya
Subject: FW: R6778914 John Elway Dealership in Greeley
Noel-Lawrence
Commercial Appraiser
Assessor's Office
1400 N. 17th Avenue
Greeley, CO 80631
970-353-3845 ext. 3695
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r .ue > 2012-2039
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Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
1
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: MARK [mailto:mlve@att.net]
Sent: Monday, July 16, 2012 9:43 AM
To: Noel Lawrence
Subject: RE: R6778914 John Elway Dealership in Greeley
Noel, Go ahead and I will take a denial then review with client.Thanks. Mark
From: Noel Lawrence [mailto:nlawrenceeco.weld.co.us]
Sent: Monday, July 16, 2012 8:08 AM
To: MARK
Subject: RE: R6778914 John Elway Dealership in Greeley
See responses below. Thank you.
Noel Lawrence
Commercial Appraiser
Assessor's Office
1400 N. 17th Avenue
Greeley, CO 80631
970-353-3845 ext. 3695
pa4 ••
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: MARK fmailto:mlve(aatt.netl
Sent: Friday, July 13, 2012 11:08 AM
To: Noel Lawrence
Subject: RE: R6778914 John Elway Dealership in Greeley
Hi Noel, Here is my assessment of your comps.
The $95 PSF Mini dealer at 4055 Byrd is a 9.6:1 L to B ratio.That's a 22%downward adjustment for the land to the
Subject Elway Dealership. I don't see any rationale for an adjustment based on a 9.6 land to building ratio verses a 7.5
ratio.
The $99 PSF Harley D at 3010 29th is valued I think at$50 PSF overall. This is an older structure that is more of a service
garage than a dealership and is not on any main street.
The $99 PSF Harley D at 3761 Monarch St shows no sales record or price. Maybe have these 2 confused. The account
number is R8298300. It sold on 12/18/2009 for$2,500,000($99/sf) and we have it valued at$100/sf.
The sale at 1700 w 104`h was between Chrysler Realty Co. LLC and Chrysler"Group" Realty Co. LLC.They are related and
there is several of these transfers of late. 5600 S Broadway Littleton was another. This still sold for what the market is
indicating is the value psf.
2
What about the distressed sales at Windsor on Champion Drive. This was an auction sale that was sold far below
market value. This sale occurred outside of the base period on 03/11/2011. A better indication would be the
dealership that sold right next to this on one at 1015 Champion Drive on May 12, 2011 for$1,835,000 or$104 psf.
Maybe if we could settle on $85 PSF I could get the owners to settle. Thanks. All of this data truly supports a value of
$100 psf. I certainly believe that$90 psf is more than fair.
Mark
From: Noel Lawrence [mailto:nlawrence@co.weld.co.us]
Sent: Thursday, July 12, 2012 2:41 PM
To: mlve@iatt.net
Subject: R6778914 John Elway Dealership in Greeley
Hi Mark. I just received your appeal to CBOE for this property owned by Taber Properties LLC. As I had indicated on the
Notice of Determination, the lone dealership sale we had in Weld County in the base period was a Harley Davidson
dealership that sold for$99/sf. Expanding the search to adjacent counties reveal sales of a Chrysler dealership on 104th
Avenue in Northglenn for$92/sf and a Mini Cooper dealership on Crossroads Boulevard and I-25 that sold for$95/sf.
The Spradley Barr dealership that you referenced that is valued at$80/sf is literally double the size of the subject
(51,485 sf compared to 25,100 sf). Also,given the recent$975,000 renovation of the John Elway dealership,the value at
$90/sf is more than fair.
I provide this information to you and ask that you let me know if you plan to appear at CBOE or if you would like to
withdraw this appeal. This will help me with my preparation for the week of hearings. Thank you for your
consideration.
Respectfully,
Noel-Lawrence
Commercial Appraiser
Assessor's Office
1400 N. 17th Avenue
Greeley, CO 80631
970-353-3845 ext. 3695
p,„
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Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication.Any disclosure, copying,distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
3
NOTICE OF DETERMINATION
DENIED
Christopher M. Woodruff Date of Notice: 6/27/2012
Weld County Assessor Telephone: (970) 353-3845 or(720) 652-4255
1400 N 17th Ave Fax: (970) 304-6433
Greeley, CO 80631 E-mail: appeals@weldgov.com
www.weldgov.com Office Hours: 8:00 AM - 5:00 PM
SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/
PHYSICAL LOCATION
R6778914 2012 0600 L1 GATEWAY PARK FG#3 3RD RPLT
2501 35 AV,GREELEY
K .�
air TABER PROPERTIES LLC
it o t-
4535 W 29 ST tin
GREELEY,CO 80634 rn c..
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ASSESSOR'S VALUATION v tr 7j)I�
PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTEW)
REVIEW REVIEW
COMMERCIAL 2,259,000 2,259,000
TOTAL $2,259,000 $2,259,000
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessor's determination of value after review is based
on the following:
CM05- The law requires that all of 2009 and the first 6 months of 2010 data be used to
establish values. A dealership in Weld County at 3761 Monarch St in Frederick sold for$99/sf.
Additionally, your property had a recent remodel/renovation.
If you disagree with the Assessor's decision, you have the right to appeal to the County
Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S.
The deadline for filing real property appeals is July 15.
The deadline for filing personal property appeals is July 20.
The Assessor establishes property values. The-local taxing authorities (county, school district,
city, fire protection, and other special districts) set mill levies. The mill levy requested by each
taxing authority is based on a projected budget and the property tax revenue required to
adequately fund the services it provides to its taxpayers. The local taxing authorities hold
budget hearings in the fall. If you are concerned about mill levies, we recommend that you
attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a
listing of the local taxing authorities.
Please refer to the reverse side of this notice for additional information.
ASSET REALTY ADVISORS INC RECIti
r
5 E BELLEVIEW DRIVE c . , 15-DPT-AR
R 207-08/11
GREENWOOD VILLAGE, CO 80121 R677 914 15307
JUL 10 2012
WELD COUNTY ASSESSOR
GREELEY, COLORADO
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from July 1 through August 3
at 1150 O Street, P.O. Box 758, Greeley, CO
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization
shown below, and mail or deliver a copy of both sides of this form to:
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80631
Telephone(970)356-4000 Ext, 4225
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postmarked or delivered on or before July 15 for real property and on or before July 20 for
personal property—after such date, your right to appeal is lost. You may be required to prove
that you filed:, timely appeal; therefore, we recommend that all correspondence be mailed with
proof of mailing.
You will be notified of the date and time scheduled for your hearing. The County Board of
Equalization must mail a written decision to you within five business days following the date of
the decision. The County Board of Equalization must conclude hearings and render decisions
by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of
Equalization and you wish to continue your appeal, you must file an appeal with the Board of
Assessment Appeals by September 12, § 39-2-125(1)(e), C.R.S.
If you are dissatisfied with the County Board of Equalization's decision and you wish to continue
your appeal, you must appeal within 30 days of the date of the County Board's written decision
to ONE of the following:
Board of Assessment Appeals District Court
1313 Sherman Street, Room 315 9th Avenue and 9th Street
Denver, CO 80203 P.O. Box C
(303) 866-5880 Greeley, Colorado 80632
www.dola.colorado.gov/baa (970) 356-4000 Ext. 4520
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County
Board of Equalization.
If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls
upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next
business day, §39-1-120(3), C.R.S.
PETITION TO COUNTY BOARD OF EQUALIZATION
What is your estimate of the property's value as of June 30,2010? (Your opinion of value in terms of
a specific dollar amount is required for real propert ursuant to§ 39-8-106(1.5), C.R.S.)
$ Z 61-O 05190
What is the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll,
on inal}'nst Iled ost, apprai al, etc,1
sc t/rt i'. r - dace-Le t- ?V P$F , ow-4 ? 1.-l.c. 5rva4•1G.�/ ? r�.
ATTESTATION
I, the undersi ned own
�gent' of the property identified above, affirm that the statements contained
n an y m is hereto are true and complete.
z6er ii, ;ay Z
ignnature T—elleephone Number Date
" 1— �Art-r. �Gl
Email Address
'Attach letter of authorization signed by property owner.
STATEMENT OF AGENCY
, Property Owner and/or Lessee (hereinafter Property Owner) JFMT AUTOMOTIVE GROUP, LLC, hereby •
appoints Asset Realty Advisors, Inc. (hereinafter ARA) as Property Owner's representative areidentified connection
neion
with the valuations for assessment of Property Owner's real and personal property which o oc arehe 2011
property tax schedule number(s) ON EXHIBIT A in VARIOUS county(s)
of AND 2012 for taxes payable in 2012 AND 2013 and shall have full authority to review all applicable
records relating the valuation w�h the County Assessor, with any ror assessment of such epresentaty; to ive of of the Assessor's otiate the r' officeon ,
assessment of u suchn property
or with the county, at an amount which ARA deems appropriate in the circumstances; and to pursue any
statutory remedies which client may possess before
osAsses
ors , County
nty Board inf the Property
Board of Assessment Appeals, District Court, Appe)h e Curt
's own
n name and in Property Owner any f and to hire and timewhen, in ARA's discretion, anint an tatto attorney is needed.
choosing to represent the Property
THIS AGREEMENT SHALL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY PROPERTY
OWNER.
•
ent, Mark . von Engel Todd A. Maul, P 'dent
. Asset Realty Advisors, In . JFMT Automotive Group LLC
5200 S. Broadway
5 E. BellevewVillage, CO CO 80121 Englewood, CO 80113
Greenwoodwo2 303-761-0333
303-781-2608
303-783-0409 (Fax)
STATE OF COLORADO
COUNTY OF _ 111,(t
The foregoing agreement has been acknowledged before me this 715rday of yy` ---
2011 b roperty wn r\
L
(if by na r l person or per\ssoons, inse name(s); if by person acting as representative or official capacity or
• as attorney-in-fact, or other capacity or description; if by officer of a corporation, insert name of such
officer(s)as the president or other o sealr' of ofsuch
corpshall ppe ratio m n ming
the certificate.acknowledgement is taken by
a Notary Public, the date of exp tion
•
Witness my hand and official seal „� "°""'m
(Notary Public) �oOw 00000N E�O..4,3
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