HomeMy WebLinkAbout20031119.tiff Apr 21 03 09: 01a MATTHEW J DELICH 970 669 2061 p. 1
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FACSIMILE TRANSMISSION COVER SHEET
DATE: ArLe Z (r2403
TO: g Lat. .pc.4 h.. Phone #:
FAX #: -3o3 - ‘Gs- - 6 (t1
FROM: Matthew J. Deli.ah, Y.E. , Phone # 970-669-2061
2272 Glen Haven Drive,
Loveland, CO 80538 FAX #: 970-669-5034
TOTAL NUMBER OF PAGES WITH THIS COVER SHEET: 4_
MESSAGES/SPECIAL INSTRUCTIONS:
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LIFEBRIDGE
CHRISTIAN CHURCH
Connecting People With Cod
PETITION FOR SUPPORT
We,the undersigned,fully support the LifeBridge Christian Church's proposed plan to develop,over time,a
313-acre PUD,which contains a campus-style community church with cultural, educational,and recreational
facilities;a single-family residential neighborhood; a senior living village;and a neighborhood center near
Longmont.
NAME ADDRESS PHONE NUMBER
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CRSA§ 39-3-106,Property--religious purposes--exemption--legislative declaration Page 1
*63121 C.R.S.A. §39-3-106 2000 Main Volume
WEST'S COLORADO REVISED Repealed and reenacted by Laws 1989,H.B.1098,§1; Laws
STATUTES ANNOTATED 1989,S.B.237,§1.
TITLE 39. TAXATION <General Materials (GM) - References,
PROPERTY TAX Annotations, or Tables>
EXEMPTIONS
ARTICLE 3. EXEMPTIONS HISTORICAL NOTES
PART 1. PROPERTY EXEMPT HISTORICAL AND STATUTORY NOTES
FROM TAXATION
2000 Main Volume
Current through Second Special Session of the
63rd General Assembly(2001) Laws 1989,S.B.237,provides in§ 10:
"Effective date--applicability. This act shall take effect
§ 39-3-106. Property—religious purposes-- upon passage and shall be applicable to property tax years
exemption--legislative declaration commencing on and after January 1, 1990."
(1) Property, real and personal, which is owned REFERENCES
and used solely and exclusively for religious LIBRARY REFERENCES
purposes and not for private gain or corporate
profit shall be exempt from the levy and collection 2000 Main Volume
of property tax.
Taxation C= 244.
(2) In order to guide members of the public and WESTLAW Topic No.37t.
public officials alike in the making of their day-to- C.J.S.Taxation§§281,289 et seq.,303. *63122
day decisions, to provide for a consistent
application of the laws, and to assist in the ANNOTATIONS
avoidance of litigation, the general assembly NOTES OF DECISIONS
hereby finds and declares that religious worship
has different meanings to different religious Application for exemption,necessity of 2
organizations; that the constitutional guarantees Construction and application 1
regarding establishment of religion and the free Determination,generally 10
exercise of religion prevent public officials from Duration of exemption 3
inquiring as to whether particular activities of Exemption application,necessity of 2
religious organizations constitute religious Exemption,duration of 3 EXHIBIT
Frequency of use 6
worship; that many activities of religious Income producing property 7
organizations are in the furtherance of the Membership of organization 935E J'-
religious purposes of such organizations; that Necessity of application 2
such religious activities are an integral part of the Publication activities 5
religious worship of religious organizations; and Review 11
Social benefit of activities 8
that activities of religious organizations which are Use,frequency of 6
in furtherance of their religious purposes Use of property for religious purposes,generally 4
constitute religious worship for purposes of
section 5 of article X of the Colorado constitution. 1.Construction and application
This legislative finding and declaration shall be Property tax exemptions based on religious use should not
entitled to great weight in any and every court. be narrowly construed. Pilgrim Rest Baptist Church,Inc. v.
Property Tax Adm'r, App.1998, 971 P.2d 270, modified on
CREDIT(S) denial of rehearing,certiorari denied.
Copyright(c)West Group 2002 No claim to original U.S. Govt. works
CRSA,§ 39-3-106.5,Tax-exempt property--incidental use--exemption--limitations Page 1
*63126 C.R.S.A. § 39-3-106.5 any property, real or personal, which is otherwise
exempt from the levy and collection of property
WEST'S COLORADO REVISED tax pursuant to the provisions of section 39-3-106,
STATUTES ANNOTATED is used for any purpose other than the purposes
TITLE 39. TAXATION specified in sections 39-3-106 to 39-3-113, such
PROPERTY TAX property shall be exenipt from the levy and
EXEMPTIONS collection of property tax if:
ARTICLE 3. EXEMPTIONS (a) The property is used for such purposes for
PART 1. PROPERTY EXEMPT less than two hundred eight hours, adjusted for
FROM TAXATION partial usage if necessary on the basis of the
relationship that the amount of rime and space
Current through Second Special Session of the used for such other purpose bears to the total
63rd General Assembly(2001) available time and space, during the calendar year;
or
§ 39-3-106.5. Tax-exempt property—
incidental use--exemption--limitations (b) The use of the property for such purposes
results in:
(1) If any property, real or personal, which is (I) Less than ten thousand dollars of gross
otherwise exempt from the levy and collection of income to the owner of such property which is
property tax pursuant to the provisions of section
39-3-106, is used for any purpose other than the derived from any unrelated trade or business, as
purposes specified in sections 39-3-106 to determined pursuant to the provisions of sections
39-3-113, such property shall be exempt from the 511 to 513 of the federal "Internal Revenue Code
levy and collection of property tax if: of 1986", as amended; [FN1] and
(a) The property is used for such purposes for *63127 (II) Less than ten thousand dollars of
less than two hundred eight hours, adjusted for gross rental income to the owner of such property.
partial usage if necessary on the basis of the
relationship that the amount of time and space (2) Except as otherwise provided in section
used for such other purpose bears to the total 39-3-108(3), if any property, real or personal,
available time and space, during the calendar year; which is otherwise exempt from the levy and
or collection of property tax pursuant to the
provisions of sections 39-3-107 to 39-3-113, is
(b) The use of the property for such purposes used on an occasional, noncontinuous basis for
results in either: any purpose other than the purposes specified in
sections 39-3-106 to 39-3-113, such property shall
(I) Less than ten thousand dollars of gross be exempt from the levy and collection of property
income to the owner of such property which is tax if:
derived from any unrelated trade or business, as
determined pursuant to the provisions of sections (a) The property is used for such purposes for
511 to 513 of the federal "Internal Revenue Code less than two hundred eight hours, adjusted for
of 1986", as amended; [FN1] or partial usage if necessary on the basis of the
relationship that the amount of time and space
(II) Less than ten thousand dollars of gross rental used for such other purpose bears to the total
income to the owner of such property. available time and space, during the calendar year;
or
(1.5) Notwithstanding the provisions of
subsection (1) of this section, for property tax (b) The use of the property for such purposes
years commencing on or after January 1, 1994, if results in less than ten thousand dollars of gross
Copyright(c)West Group 2002 No claim to original U.S.Govt. works
CRSA.§ 39-3-106.5,Tax-exempt property--incidental use--exemption--limitations Page 2
rental income to the owner of such property.
Laws 1989,S.B.237,§ 10,provides:
CREDIT(S)
"Effective date--applicability. This act shall take effect
2000 Main Volume upon passage and shall be applicable to property tax years
commencing on and after January I, 1990."
Added by Laws 1989,S.B.237,§2. Amended by Laws 1991,
S.B.91-228, §1, eff June 7, 1991; Laws 1993, S8.93-88, § The 1991 amendment added subsec.(2).
1,eff.April 30, 1993.
The 1993 amendment inserted subsec.(1.5).
[FNf] 26 U.S.C.A. §§511 to 513.
REFERENCES
<General Materials (GM) - References,
Annotations,or Tables> LIBRARY REFERENCES
HISTORICAL NOTES 2000 Main Volume
HISTORICAL AND STATUTORY NOTES Taxation 6.211.
WESTLAW Topic No.371.
2000 Main Volume C.J.S.Taxation§§232 et seq.,262,280,293.
Copyright(c)West Group 2002 No claim to original U.S.Govt.works
CRSA§ 39-3-108,Property--nonresidential--health care facility--water company--charitable Page 1
purposes--exemption--limitations
*63131 C.R.S.A. §39-3-108 So long as a qualified amateur sports organization
demonstrates that its membership is open to any
WEST'S COLORADO REVISED individual who is an amateur athlete, coach,
STATUTES ANNOTATED trainer, manager, administrator, or official active
TITLE 39. TAXATION in such sport or to any amateur sports organization
PROPERTY TAX that conducts programs in such sport, or both, the
EXEMPTIONS organization shall be presumed to provide public
ARTICLE 3. EXEMPTIONS benefits to an indefinite number of persons and to
directly benefit the people of Colorado whether or
PART 1. PROPERTY EXEMPT not the right to benefit may depend upon voluntary
FROM TAXATION membership in the organization.
Current through Second Special Session of the (1.5)No requirement shall be imposed that use of
63rd General Assembly(2001) property which is otherwise exempt pursuant to
the provisions of this section shall benefit the
§ 39-3-108. Property--nonresidential— people of Colorado in order to qualify for said
health care facility--water company-- exemption.
charitable purposes--exemption--
limitations (2) Any exemption claimed pursuant to the
provisions of subsection (1) of this section shall
(1) Property, real and personal, which is owned
comply with the provisions of section 39-2-117.
and used solely and exclusively for strictly *63132 (3)(a)When any property of a health care
charitable purposes and not for private gain or facility, real or personal, or any portion thereof,
corporate profit shall be exempt from the levy and which is otherwise exempt from the levy and
collection of property tax if:
collection of property tax pursuant to the
(a) Such property is nonresidential; provisions of paragraph (b) of subsection (1) of
this section, is used for any purpose other than the
(b) Such property is licensed by the state of purposes specified in sections 39-3-106 to
Colorado as a health care facility; or 39-3-113, such property or portion thereof shall be
exempt from the levy and collection of property
(c) Such property is used as an integral part of a tax if the use of the property or portion thereof
nonprofit domestic water company. does not result in gross income derived from any
unrelated trade or business to the owner which is
(1.3) Nonresidential property that is owned and in excess of fifteen percent of the total gross
used solely and exclusively by a qualified amateur revenues derived from the operation of the
sports organization shall be presumed to be owned property. Gross income derived from any
and used solely and exclusively for strictly unrelated trade or business shall be determined
charitable purposes. For purposes of this pursuant to the provisions of sections 511 through
subsection (1.3), the term "qualified amateur 513 of the federal "Internal Revenue Code of
sports organization" means any organization 1986", as amended.
organized and operated exclusively to foster local,
statewide, national, or international amateur sports (b) If the use of any property or portion thereof
competition if such organization is also organized results in gross income derived from any unrelated
and operated primarily to support and develop trade or business in excess of fifteen percent of the
amateur athletes for national or international total gross revenues to the owner derived from the
competition in sports; except that no part of the operation of the property, the administrator shall
net earnings of such organization inure to the determine the value of the nonexempt portion of
benefit of any private shareholder or individual. the property for property tax purposes.
Copyright(c)West Group 2002 No claim to original U.S. Govt.works
CRSA § 39-3-108,Property--nonresidential--health care facility--water company--charitable Page 2
purposes--exemption--limitations
CREDIT(S) Partial exemption,charitable use of property 7
Planned buildings 14
2000 Main Volume Unfinished or planned buildings 14
*63133 Validity 1
Repealed and reenacted by Laws 1989, H.B.1098, § 1. Water companies 13
Amended by Laws 1990, H.B.90-1018, § 35, elf June 9, Water treatment facilities 12
1990; Laws 1990,HB.90-1322,§2,eff.June 9, 1990. 1.Validity
<General Materials (GM) - References, Statute requiring that exempt property be both owned and
Annotations, or Tables> used for charitable purposes did not deny equal protection by
treating charity which leases property differently from one
HISTORICAL NOTES which owns property. First Nat.Bank of Denver v.Board of
County Com rs, City and County of Denver, 1975, 538 P.2d
HISTORICAL AND STATUTORY NOTES 427, 189 Colo. 128.
2000 Main Volume 2.Construction and application
Property tax exemptions are reserved for circumstances
Laws 1990,H.B.90-1018,added subsec.(3). when there is distinct showing of public benefit. Board of
Assessment Appeals v.AM/FM Intern., 1997,940 P.2d 338,
Laws 1990,H.B.90-1322,inserted subsecs.(1.3)and(1.5). modified on denial of rehearing.
Section 9 of Laws 1990,H.B.90-1322,provides: 3.Construction with other law
"Applicability. This act shall apply to property tax years To extent that general exemption from personal property
commencing on and after January 1, 1990." taxation for intangible personal property [CRS
39-3-101(1)(i)] conflicted with legislature's declaration that
REFERENCES public utility's intangibles be considered when valuating its
operating property and plant as unit [CRS 39-4-102(1)],
LIBRARY REFERENCES special provision for public utility taxation prevailed over
general exemption for intangible personal property. U.S.
2000 Main Volume Transmission Systems, Inc. v. Board of Assessment Appeals
of State of Colo., 1986,715 P.2d 1249.
Taxation C^=s234,241.2. 4.Charitable use of property—In general
WESTLAW Topic No.371.
P Perty—
C.J.S.Taxation§§271,279,296,297. Evidence supported decision of Board of Assessment
ANNOTATIONS Appeals to deny personal property tax exemption to institute
as charitable institution; institute conducted research about
social discrimination involving children,but did not perform
NOTES OF DECISIONS research that would otherwise be done by public agency,did
not state charitable purpose in its article of incorporation,did
Burden of proof 15 not provide seminars to general public and was created
Charitable gifts S partially for its president's personal benefit. Institute for
Charitable use of property 4-7 Research on Social Problems v. Board of Assessment
Charitable use of property-In general 4 Appeals,State of Colo.,App.1987,748 P.2d 1346.
Charitable use of property-Fees 6
Charitable use of property-Ownership 5 In determining whether real and personal property is being
Charitable use of property-Partial exemption 7 used solely and exclusively for"strictly charitable purposes"
Construction and application 2 and is, therefore, tax exempt, each case must be determined
Construction with other law 3 on its own facts and circumstances, inasmuch as a formal
Fees,charitable use of property 6 definition might unintentionally seem to impose a legal
Health care facility 11 restraint on that cardinal grace which by its very nature
Improvements 9 thrives in proportion to freedom of its proper exercise.
Nonresidential property,generally 10 United Presbyterian Ass'n v. Board of County Com'rs of
Ownership,charitable use of property 5 Jefferson County, 1968,448 P.2d 967, 167 Colo.485.
Copyright(c)West Group 2002 No claim to original U.S. Govt.works
CRSA § 39.-3-109,Residential property--integral part of tax-exempt entities--charitable Page 1
purposes--exemption--limitations
*63140 C.R.S.A. § 39-3-109 state of Colorado that the medical condition of
such individual requires the individual to reside in
WEST'S COLORADO REVISED such residential unit. If a person residing within
STATUTES ANNOTATED such residential unit submits such signed
TITLE 39. TAXATION certificate to the administrator pursuant to the
PROPERTY TAX provisions of this subsection (2), the portion of
EXEMPTIONS such residential property that is utilized by
ARTICLE 3. EXEMPTIONS qualified occupants shall be deemed to be property
used solely and exclusively for strictly charitable
PART 1. PROPERTY EXEMPT purposes and not for private gain or corporate
FROM TAXATION profit and such portion, but only such portion,
shall be exempt under the provisions of subsection
Current through Second Special Session of the (1) of this section. The determination as to what
63rd General Assembly(2001) portion of such structure is so utilized shall be
made by the administrator on the basis of the facts
§ 39-3-109. Residential property--integral existing on the annual assessment date for such
part of tax-exempt entities--charitable property, and the administrator shall have the
purposes--exemption--limitations authority to determine a ratio which reflects the
value of the nonexempt portion of such structure
(1) Property, real and personal, which is owned in relation to the total value of the whole structure
and used solely and exclusively for strictly and the land upon which such structure is located
charitable purposes and not for private gain or and which is identical to the ratio of the number of
corporate profit shall be exempt from the levy and residential units occupied by nonqualified
occupants to the total number of occupied
collection of property tax if such property is residential units in such structure.
residential and the structure and the land upon
^ which such structure is located are used as an *63141 (2.5) No requirement shall be imposed
integral part of a church, an eleemosynary that use of property which is otherwise exempt
hospital, an eleemosynary licensed health care pursuant to the provisions of this section shall
facility, a school, or an institution whose property benefit the people of Colorado in order to qualify
is otherwise exempt from taxation pursuant to the for said exemption.
provisions of this article and which is not leased or
rented at any time to persons other than: (3) Any exemption claimed pursuant to the
(a) Persons who are attending such school as provisions of this section shall comply with the
provisions of section 39-2-117.
students; or
CREDIT(S)
(b) Persons who are actually receiving care or
treatment from such hospital, licensed health care 2000 Main Volume
facility, or institution for physical or mental
disabilities and who, in order to receive such care Repealed and reenacted by Laws 1989, H.B.1098, § I.
or treatment, are required to be domiciled within Amended by Laws 1990,HB.90-1322,§3,eff.June 9, 1990.
such hospital, licensed health care facility, or <General Materials (GM) - References,
institution, or within affiliated residential units. Annotations, or Tables>
(2) Persons residing within residential units HISTORICAL NOTES
specified in paragraph (b) of subsection (1) of this
section may submit to the administrator, on a form HISTORICAL AND STATUTORY NOTES
prescribed by the administrator, a certificate
signed by a physician licensed to practice in the 2000 Main Volume
Copyright(c)West Group 2002 No claim to original U.S.Govt.works
CRSA§ 39-3-109,Residential property--integral part of tax-exempt entities--charitable Page 2
purposes--exemption--limitations
The 1990 amendment inserted subsec.(2.5).
LIBRARY REFERENCES
Section 9 of Laws 1990,H.B.90-1322,provides:
2000 Main Volume
"Applicability. This act shall apply to property tax years
commencing on and after January I, 1990." Taxation "C.==,241.1(4),241.2,244.
WESTLAW Topic No.371.
REFERENCES C.J.S.Taxation§§281 to 303.
Copyright(c)West Group 2002 No claim to original U.S.Govt.works
COLORADO DEPARTMENT OF LOCAL AFFAIRS
DIVISION OF PROPERTY TAXATION
EXEMPT PROPERTIES SECTION
RULES AND REGULATIONS
FOR EXEMPT PROPERTIES(R1-R9)
AND ADDITIONAL DEFINITIONS(D1)
REVISED SEPTEMBER 2000
8 CCR 1304-2
(PORTIONS PERTAINING TO RELIGIOUS EXEMPTIONS ONLY)
LEGAL AUTHORITY
These rules are promulgated under the authority of 39-2-117(7), C.R.S. The Property Tax Administrator has the authority to administer laws
regarding property taxation under Article X, Section 15(2)of the Colorado Constitution.
PURPOSE AND BASIS
The purpose of these rules is to set forth the procedures and guidelines used by the division of property taxation in determining eligibility for
exemption from ad valorem taxation for property owned and used solely and exclusively for religious purposes,schools,and strictly charitable
purposes as provided in 39-3-106 to 39-3-116, C.R.S.
RULES/REGULATIONS
For review of these rules and regulations, it is suggested that you read the General Procedures section,and the section(s)dealing with the
specific statute under which you are applying. If the property is used by anyone other than the owner, it is also recommended that Section V be
read. Review the following table and read all applicable sections.
Religious Purposes—(39-3-106& 106.5)—Read Sections III&V.
SECTION I PAGE R-2
SECTION II PAGE R-6
SECTION V PAGE R-8
R-1
GENERAL PROCEDURES
The following rules apply to all organizations,properties,and categories of exemption,unless otherwise stated.
A. DEFINITIONS
1."Administrator"-As defined in Title 39,Article 1,Colorado Revised Statutes.
2."Agent"means one who is authorized to act for another. For the purposes of these rules,the agent is the person
authorized by the owner to handle questions regarding the application for exemption,any annual reports,or any other related
questions.
3."Annual assessment date"-As defined in Title 39,Article 1,Colorado Revised Statutes.
4."Annual Report"means the annual exempt property report issued by the division of property taxation to be completed and
filed with the correct fee by the exempt property owner for the purpose of determining if exemption from general property
taxation can be maintained.
5. "Applicant"means an owner that has formally requested an exemption from general property taxation on a form prescribed
and furnished by the administrator,and that request is still pending final resolution.
6."Application"means the form provided by the division of property taxation which must be completed and filed with the
proper fee by the owner in order to apply for exemption from general property taxation.
7."Burden of proof"means the obligation of a party to establish by a preponderance of the evidence the matter asserted.
8."Date of filing of annual report"means the date authenticated by the United States Postal Service according to 39-1-120,
C.R.S.,or,if the annual report is sent to or filed at an office other than the division of property taxation and no such
authentication date is present,it shall be recorded as filed on the date that it is date-stamped by the division of property
taxation.
9."Date the owner acquired such property"means the date in which legal or equitable title vested in the owner as evidenced
by a deed,bill of sale,contract for sale or any other documentation of conveyance. An option contract must be irrevocably
exercised to serve as sufficient evidence of title.
10."Determination"means the official document issued by the division of property taxation,and signed by the administrator,
which states the official and final findings in determining the status of the property considered for exemption by the division of
property taxation.
11."Division"-As defined in Title 39,Article 2, Colorado Revised Statutes.
12."Exempt property owner means the owner of property that has formally been granted an exemption from general property
taxation by the division of property taxation under 39-3-106 through 39-3-116,C.R.S.,and has maintained such exemption
pursuant to 39-2-117,C.R.S.
13."Exempt property report"means annual report as defined in these regulations.
14."Forfeiture of any right to claim exemption"means that the owner failed to meet the annual statutory filing requirements
set forth in 39-2-117,C.R.S.,and that the division is required to notify the county assessor to return the property to the tax roll
for the year in question. The owner may seek exemption of such property for that tax year by following the application
procedures of 39-2-117(1)(a),C.R.S.,for initial exemption of property.
15."General taxation"means the requisite property taxes for all purposes required by law that are generally assessed,but
does not include any type of special assessment levied against a specific owner.
16."Improvements"-As defined in Title 39,Article 1,Colorado Revised Statutes.
17."Legal description"means a description which unquestionably and uniquely identifies the property,as found on the
assessment record or deed of title. The description may be abbreviated but must be sufficient to identify the property.
18."Notice of Revocation"means the official document issued by the division of property taxation, and signed by the
administrator,which states the official and final findings in revoking the exempt status of property previously considered
exempt by the division of property taxation.
R-2
19."Perjury in the second degree"-As defined in the Colorado Criminal Code.
20."Person"-As defined in Title 39,Article 1,Colorado Revised Statutes.
21."Personal property"-As defined in Title 39,Article 1, Colorado Revised Statutes.
22."Property-As defined in Title 39,Article 1,Colorado Revised Statutes.
23."Real property"-As defined in Title 39,Article 1, Colorado Revised Statutes.
24."Tax area"means a geographic location where a specified group of taxing entities creates a uniform tax rate.
25."Tentative Determination"means the official document issued by the division of property taxation,and signed by the
administrator,which states the initial findings in determining the status of the property considered for exemption by the
division of property taxation. The applicant may question a tentative determination in a public hearing pursuant to 39-2-117
(5),C.R.S. before the issuance of a final determination.
26."Tentative Revocation"means the official document issued by the division of property taxation,and signed by the
administrator,which states the initial findings in determining the change in status of property originally considered exempt by
the division of property taxation. The applicant may question a tentative revocation in a public hearing pursuant to 39-2-117
(5), C.R.S. before the issuance of a final revocation.
27."User"means the person, as defined in Rule I.A.20.,primarily responsible for the content of the activity for which that
portion of the property is being used. Any person in attendance at that use is not a"user",but is merely a participant.
28."Year in which application is made"means the year authenticated by the United States Postal Service according to 39-1-
120,C.R.S.,or if no such record is present,the date that is date-stamped on the application by either the assessor or division
of property taxation.
B. GENERAL PROVISIONS
1.The owner has the burden of proof to establish a right to an exemption.
2.Only the owner of the property or an agent of an owner,as defined in rule I.A.2.,may apply for exemption. For the
purposes of 39-3-112.5,C.R.S.,a nonprofit organization leasing property from the United States in order to house single
individuals or families who are homeless will be considered an agent of the United States.
3.An application for initial exemption is one in which the owner seeks to have a currently taxable property declared exempt. If
property which had been exempt is currently taxable because of:
(a)change of ownership;
(b)forfeiture of exemption;
(c)revocation of exemption;
(d)transfer of title to a parent or subordinate organization;
(e)a period of disuse;or
(f)any other reason;
an initial exemption must be sought for that taxable portion.
When a property is partially exempt,and the owner is seeking exemption for the taxable portion,the owner must file an
application for initial exemption.
3.1. Refunds on application fees will not be made after that application has been assigned to a Division of Property Taxation
examiner for review.
4.A separate application, and separate filing fee, must be filed for each parcel of real property. A parcel of real property is
limited to either the assessors legal description or the parcel identification number.
4.1. Property acquired by the surviving corporation as the result of the merger of two or more corporations shall be subject to
all application requirements. The surviving corporation would not be required to file new applications for properties held in the
name of,and exempted to,the surviving corporation directly prior to the merger.
r
R-3
5.When an owner applies for more than one parcel of real property on a single application contrary to Rule I.B.4.,the division
will:
(a)designate the parcel which will be considered under that application;
(b)notify the owner of the need for additional applications and filing fees to cover the remainder of the
property;and
(c)notify the owner of possible consolidation of parcels.
6. For applications filed after June 1,of each year,the applicant is responsible for notifying the county treasurer in writing of
the pending application to prevent the property from being sold at the tax sale.
7.An application is pending when the form, provided by the division of property taxation, needed to apply for exemption has
been completed and filed together with the proper fee by the owner. When an application is pending,taxes for the time
period beginning January 1 of the year prior to the year the application was filed,during ownership by the applicant,are not
due and payable until a final determination has been issued by the division of property taxation. Such property shall not be
listed for the tax sale,and no penalty interest will be charged on any portion of the exemption which is denied. Any taxes due
on any valuation assessed prior to the year preceding the year of application are still payable as the property is not eligible for
exemption for that time period.
8. If any real property lies in more than one county, and the owner seeks exemption for the entire property,the owner must
file a separate application for the portion of the property located in each county.
9.A single application may cover personal property in more than one location within a given tax area. Multiple locations for
personal property in a given tax area may also be covered by a single annual report.
11.When an application is filed seeking exemption under one statute,and the property does not qualify under that statute,
the division will consider whether said property qualifies for exemption under a different statute. The particular requirements
for exemption under each statute will be applied independently.
12. If, upon review of an application,the administrator determines the property does not qualify for exemption,the
administrator shall send to the owner of said property, by certified mail, a tentative determination,notifying the owner that the
property does not qualify for exemption. The administrator shall also advise the owner of the right to a public hearing and
other appeal rights.
14. During a public hearing,the examiner will explain the facts gathered,the reason for recommending denial,and an
explanation of the changes needed. The owner will then be allowed to provide documents,witnesses or any other information
as to why the owner feels the tentative determination/revocation is incorrect.
One week prior to the hearing,the owner must provide three copies of all written documents presented.
16.When subsequent to a public hearing held in compliance with C.R.S.39-2-117(5)an applicant makes all changes
necessary in order to comply with a statute,exemption shall be granted effective as of the date all of the changes were made.
Should the evidence produced at the hearing show that no changes need be made,the effective date of any exemption
granted shall be determined as is consistent with the law and these rules.
17.A final determination/revocation will be issued,denying or revoking exemption,either:
(a)Sixty days following the tentative determination/revocation;or
(b)Sixty days following the decision issued by the division subsequent to a public hearing unless the owner files
a waiver or requests that the final determination/revocation be issued earlier.
18. Upon receiving evidence from the County Assessor that multiple parcels have been consolidated into one parcel with a
unique parcel identification number and/or legal description,the division will thereafter treat the consolidated parcel as a
single parcel of property.
Any parcels consolidated by the county assessor may be considered on a single application if the owner notifies the division
on the application that he intends to consolidate parcels and evidence of consolidation is presented to the division prior to the
issuance of a determination on the application.
Multiple parcels may be considered as a single parcel if the county assessor would consolidate them but for a difference in
taxable status.
R-4
19.Any owner of exempt personal property must notify the administrator within forty-five days when any such property is
moved.
(a)When the property is moved within the county,the administrator will notify that county.
(b)When the exempt property is moved from one county to another and the new location of the property is not
exempt,the administrator shall review the exemption to the appropriate extent and issue a new determination
based on whether the personal property continues to be owned and used for exempt purposes. A new application
for initial exemption need not be filed.
(c)When exempt property is moved from one exempt location to another exempt location, it need only be indicated on
the subsequent annual reports.
When the owner fails to notify the administrator within the prescribed time limit,the administrator may require the owner to file
a new application for the property to be exempt.
20.Any owner of exempt personal property that will begin operating in an additional location, must file a new application for
exemption for the property at that new location. Should the exemption be granted,the owner may request that the division
consolidate this exemption with other exemptions in the same tax area for annual reporting purposes.
24. Unless otherwise indicated by a preponderance of the evidence,when a portion of a building is exempted and a portion
remains taxable,the land under said building will be exempt and taxable in the same proportion as the building.
25. If, upon review of the annual report,the administrator determines the property no longer qualifies for exemption,the
administrator shall send to the owner of said property, by certified mail,a tentative revocation,notifying the owner that the
property no longer qualifies for exemption. The administrator shall also advise the owner of the right to a public hearing and
other appeal rights.
27. Calculating Adjusted Hours-Total number of hours during the previous calendar year for which property was used for
purposes other than the purposes specified in 39-3-106 to 39-3-113,C.R.S., may be adjusted for partial usage. This
adjustment may be made for calculations dealing with 39-3-106.5,C.R.S.and 39-2-117(1)(b)(11),3(a)(I),and 3(b)(II), C.R.S.
An applicant or an exempt property owner may adjust the hours used for partial use by applying the following formula:
Hours of use X Square footage of area used = Adjusted
Total square footage of building Hours
If different areas of space are used by outside users,compute the adjusted hours for each different area used and add the
adjusted hours together:
Hours of use in Area A X Sa.footage of A = Adjusted hours
Total square footage of building for Area A
Repeat this for areas B,C, D,etc. and total the adjusted hours.
Exclusive use of an area by a user must be considered as twenty-four hours of use for each day that the property is so
occupied.
28. Proportional exemption for properties reviewed annually under 39-3-109 and 39-3-112,C.R.S.will be figured to two
decimal places. All other proportional exemptions will be rounded to the nearest whole percent,with results that come to.5 of
a percent or higher being rounded to the higher number.
29.Without some qualifying use of a given property,the use of income from that property for religious purposes,schools or
strictly charitable purposes is not sufficient to support an exemption. Should there be both qualifying use and income
generating non-qualifying use of a given property,the provisions of 39-3-116,39-3-106.5,and 39-3-108(3)(a),C.R.S.,along
with related rules,will be applied.
30. Not for profit organizations organized for the exclusive purpose of holding title to property,collecting income therefrom,
and turning over the entire amount thereof,less expenses,to an organization that claims to operate for religious purposes,
strictly charitable purposes,or as a school,shall be treated as though they were the group for which they hold title. Transfer
of title to a title holding organization from an exempt organization shall be considered a change in ownership for the purposes
of Rule I. B.3.
R-5
31. For the purposes of 39-3-106.5, C.R.S.a"property"will consist of any single parcel of real property as indicated in the
records of the county assessor or considered as a single parcel under Rule I. B. 18.;or any amount of personal property
located in a single tax area.
II. RELIGIOUS PURPOSES
The following rules apply to all organizations/properties exempted/applying for exemption as owned and used for religious purposes.
A. DEFINITIONS
1."Declaration"means a written document embodying or displaying a positive, explicit,or formal statement.
2."Gross rental income",for the purposes of 39-3-106.5(1)and(1.5),39-2-117(1)(b)(II),and 39-2-117(3)(b)(II)(A),C.R.S.,
means any and all income received by the owner for the use of the property from persons whose activities:
(a)do not fall within the religious mission of the owner and are not for religious purposes,strictly charitable
purposes,or schools;or
(b)are for strictly charitable purposes or schools but the agreement between the owner and the user does not meet
the requirements of 39-3-116(2)(c), C.R.S.
3."Religious mission"means a ministry commissioned by a church or some other religious organization for the purpose of
propagating its faith or carrying on humanitarian work.
B. GENERAL PROVISIONS
1.The declaration must include the owner's religious mission and purposes and a list of all uses of the property which are in
furtherance of the owners religious mission. When filing an application,that list shall include the name of each user, as
defined in rule I.A.27., including the owner,and a brief description of the use(s)by each user during the previous twelve
months or that portion of the twelve-month period for which such property was owned by the owner making application.
When filing a declaration with an annual report,that list shall include the name of each user,as defined in Rule I.A.27.,
including the owner,and a brief description of the uses(s)by each user during the previous calendar year,or that portion of
the previous calendar year for which such property was owned by the owner filing the annual report.
1.1. In those cases where the Property Tax Administrator is unable to verify that the entire property is used as claimed under
section 39-3-106, C.R.S.,the administrator may request, but not require,details regarding that property. Such details may
include, but are not limited to,the area being used,dates of usage,and the purposes of the uses.
Nothing in this rule allows the administrator to require any information not specifically stated in 39-2-117,C.R.S.without the
authorization of the State Board of Equalization.
2. Owners of property exempt as owned and used for religious purposes under 39-3-106,C.R.S.,who allow their property to
be used by another entity to further the religious mission of the owner or of another religious organization,are not limited to
receiving one dollar per year plus an equitable portion of the reasonable expenses.
When such property,exempt under 39-3-106, C.R.S.,is used by other entities for schools or for strictly charitable purposes,
the owner is limited to receiving one dollar per year plus an equitable portion of reasonable expenses.
3."Complete list of all uses of the property other than by the owner thereof"shall include the name of each user and a brief
description of the use(s)by each user during the previous calendar year. This list should not include those uses which are
claimed to be part of the owners religious mission.
This list shall be divided into two sections: The first section shall include the names and a brief description of each type of
use by those users who operate for strictly charitable purposes,for religious purposes that are not part of the owner's
religious mission,or as schools.
The second section shall include the names and a brief description of each type of use by those users who do not operate for
religious purposes,strictly charitable purposes,or as schools.
R-6
4. In determining whether a user can be included as operating for religious purposes,strictly charitable purposes,or as a
•
school,the religious organization shall consider whether that user meets the criteria for exemptions set out in 39-3-106 to
113, C.R.S. and these rules,and whether any agreement between the owner and the user meets the tests set out in 39-3-
116, C.R.S. and Rule 11.8.2.
5.Any use for private gain or corporate profit cannot be considered as a qualifying part of an owner's religious mission nor as
meeting the test for qualifying use in 39-3-116(2)(b), C.R.S. All such uses must be included as non-qualifying uses for the
purpose of computing incidental use under 39-3-106.5(1)or(1.5),C.R.S.
6.Calculating Adjusted Hours-See Rule 1.8.27.
7.An owner need only account for income from unrelated trades or businesses that are not owned and used for religious
purposes,strictly charitable purposes,or as a school when figuring gross income from unrelated trades or businesses for the
purposes of 39-3-106.5(1)(b)(I)or(1.5)(b)(I), C.R.S.
8.When property,otherwise exempt from property taxation pursuant to 39-3-106, C.R.S., is used for purposes other than
those specified in 39-3-106 to 39-3-113,C.R.S.,and the property is used in such a manner as to exceed the limits imposed
by 39-3-106.5, C.R.S.,the Administrator will petition the State Board of Equalization for permission to require more
information on the basis that the property is being used in whole or in part for private gain or corporate profit.
Should non-qualifying use exceed the stated limits,the percentage of taxable value will be based on the total amount of non-
qualifying use.
9.An organization exempted under the provisions of 39-3-106 and/or 39-3-106.5(1)or(1.5), C.R.S.,may not file an annual
report until all previously due annual reports are filed with the appropriate fee.
An annual report which is not filed with the appropriate fee by July 1,of the year following its issue,shall operate as the
forfeiture of any right to claim exemption of previously exempt property from general taxation for the year in which failure to
file such annual report first occurred and shall preclude the filing of any annual report for subsequent years.
A separate annual report must be filed for each year in which the owner wishes to maintain an exemption.
11. For properties that are claimed to be owned and used for religious purposes,the Administrator will consider the property
to be sufficiently used for religious purposes when either:
(a)The owner can demonstrate sufficient actual, physical use of the subject property for religious purposes,or;
(b)The owner can demonstrate that the property has been physically used at least once during each twelve month
period,or any lesser time period if the applicant has not owned the property for the entire twelve month
period,and can document sufficient continuing indicators of intent for the remainder of that year or portion
thereof.
R-7
12.When an applicant has not shown sufficient actual,physical use of a property to satisfy Rule II.B. 11(a),the Administrator
will also consider"indicators of intent". indicators of intent"are the owners off-site activities which establish its specific intent
to further use the subject property for religious purposes.
Indicators of intent will be determined by asking questions which include, but are not limited to:
(a)How was the property acquired?
(b)How long has this organization owned the property?
(c)Has the owner been actively involved in dealing with local government bodies in the pursuit of planning,zoning
or other permit issues?
(d)Has the owner set up a special fund to finance the project,and is it actively soliciting money for that fund?
(e)Has the owner been working with financial institutions and/or working on the sale of bonds?
(f)Has the owner set up a committee or other structure to plan and implement the plan of the use of the property,
and is the committee actively dealing with that issue?
(g)Is the owner actively seeking any necessary clearances from denominational or synodical bodies?
(h)Has the owner employed architects or contractors in preparation for actual construction work on the property?
(i)Have anticipated starting and completion dates been set for any improvement projects?
(j)What is the size of the owning organization and what is the size of any contemplated project?
(k) Has the owner had the property listed for sale?
(I)Has the owner been using the property,or allowing the property to be used,for monetary gain?
(m)Are there any other unusual or urgent circumstances that need to be considered?
The Administrator may not require the provision of this information as a condition of exemption for any time period without the
approval of the State Board of Equalization pursuant to 39-9-109,C.R.S.
13. In cases where there is not sufficient actual physical use of a property,but there are sufficient continuing indicators of
intent to use the property for religious purposes,an exemption for property owned and used for religious purposes will
become effective upon the earlier of either:
(a)the date of the first actual physical use for religious purposes,or
(b)the date indicators of intent began,so long as the first actual use for religious purposes occurs within one
year of that date.
Nothing in this rule shall allow an exemption to become effective prior to the year prior to the one in which application is
made.
V. COMBINATION USE OF PROPERTY-39-3-106.5 and 39-3-116.C.R.S.
The following rules apply to property exempted/applying for exemption which is used by anyone other than the owner or property
owned by a religious organization which is used outside of its religious mission.
A. DEFINITIONS
1. "Otherwise exempt from the payment of property taxes", as stated in 39-3-116(2)(b), C.R.S. means having met all of the
requirements for exemption as specified in 39-3-105,or 39-3-127,C.R.S.,or being exempt pursuant to Article VI cl.2 of the
Constitution of the United States or Section 4 of the Enabling Act of Colorado.
B. GENERAL PROVISIONS
1.The"amount received by the owner for the use of such property"shall include all income no matter what it is called. This
shall include, but not be limited to,rent,donations,contributions,and gifts received for the use of the property.
2. "Reasonable expenses incurred in the operation and maintenance of the property"include,but are not limited to,utilities;
custodial services and supplies;costs for routine maintenance, parts and labor; insurance;taxes;and interest on loans
involving that particular piece of property.
This does not include depreciation,amounts paid toward the principal of loans,and costs of capital improvements although
interest on loans taken out to finance capital improvements may be included.
R-8
3.An'equitable portion of reasonable expenses incurred in the operation and maintenance of the property'will be determined
by considering the amount of time a particular user occupies a portion of the property and the amount of space used in
comparison to the total area of the building,and the reasonable expenses incurred as defined in Rule V.B.2.. Either of the
following sets of formulas may be used:
(A) •
(1)Hrs of use by a particular user X Sq.ft.of area used=Adjusted hrs.of usage by particular user
Total sq.ft.of building
(2)Adjusted hrs.of use by a particular user=Percentage of possible use by that user
8760
(3)Percentage of possible use by a user X Reasonable expenses=Equitable portion of expenses
OR
(B)
(1)Hours of use by a particular user X Sa.ft.of area used=Adjusted hrs.of usage by particular user
Total sq.ft.of building
(2)Adjusted hrs of use by a particular user=Percentage of actual use by that user
Total adjusted hrs of use by all users
(3)Percentage of actual use by a user X Reasonable expenses= Equitable portion of expenses
Exclusive use of an area by a user must be considered twenty four hours of use for each day that the property is so occupied.
4. For those properties exempted under 39-3-107 to 113,C.R.S.,excluding 39-3-108(1)(b),the exemption will not be
affected by occasional,non-continuous, non-qualifying use so long as that use does not exceed the limits set out in 39-3-
106.5(2)C.R.S.
Should occasional, non-continuous,non-qualifying use exceed the stated limits,the percentage of taxable value will be based
on the total amount of non-qualifying use.
•
R-9
ADDITIONAL DEFINITIONS
Administrator C.R.S.39-1-102 "Administrator"means the property tax administrator.
Annual assessment date C.R.S. 39-1-102 Twelve noon on the first day of January of each year is designated as
the official assessment date.
Division C.R.S. 39-2-101 This section creates the Division of Property Taxation.
Filing-when deemed to have been made. C.R.S. 39-1-120
(1)(a)Any report,schedule,claim,tax return,statement,or other document required or authorized under
articles 1 to 9 of this title to be filed with or any payment made to the state of Colorado or any political subdivision
thereof which is transmitted through the United States mails shall be deemed filed with and received by the public
officer or agency to which it was addressed on the date shown by the cancellation mark stamped on the envelope or
other wrapper containing the document required to be filed.
(b)Any such document which is mailed, but not received by the public officer or agency to which it was
addressed,or is received and the cancellation mark is not legible,or is erroneous or omitted shall be deemed to
have been filed and received on the date it was mailed if the sender establishes by competent evidence that the
document was deposited in the United States mails on or before the date due for filing. In such cases of nonreceipt
of a document by the public officer or agency to which it was addressed,the sender shall file a duplicate copy
thereof within thirty days after written notification is given to the sender by such public officer of the failure to receive
such document.
(2)If any report,schedule,claim,tax return,statement, remittance,or other document is sent by United
States registered mail,certified mail,or certificate of mailing,a record authenticated by the United States postal
service of such registration,certification,or certificate shall be considered competent evidence that the report,
schedule,claim,tax return,statement, remittance,or other document was mailed to the public officer or agency to
which it was addressed,and the date of the registration,certification,or certificate shall be deemed to be the
postmark date.
(3)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.
Improvements C.R.S.39-1-102(7) Improvements means all structures,buildings,fixtures,fences,and water rights
erected upon or affixed to land,whether or not title to such land has been acquired.
Not for private gain or corporate profit C.R.S.39-1-102(8.5) Not for private gain or corporate profit means the
ownership and use of property whereby no person with any connection to the owner thereof shall receive any
pecuniary benefit except for reasonable compensation for services rendered and any excess income over expenses
derived from the operation or use of the property and all proceeds from the sale of the property of the owner shall be
devoted to the furthering of any exempt purpose.
Perjury in the second degree C.R.S. 18-8-503 A person commits perjury in the second degree if,other than in an
official proceeding,with an intent to mislead a public servant in the performance of his duty, he makes a materially
false statement,which he does not believe to be true,under an oath required or authorized by law. Perjury in the
second degree is a class 1 misdemeanor punishable by a minimum of six months imprisonment,or five hundred
dollars fine,or both, up to a maximum of eighteen months imprisonment,or five thousand dollars fine,or both.
Person C.R.S.39-1-102(9) Person means natural persons,corporations, partnerships, associations,and other
legal entities which are or may become taxpayers by reason of the ownership of taxable real or personal property.
Personal property C.R.S.39-1-102(11) Personal property means everything which is the subject of ownership and
which is not included within the term"real property". Personal property includes machinery,equipment and other
articles related to a commercial or industrial operation which are either affixed or not affixed to the real property for
proper utilization of such articles.
Property C.R.S.39-1-102(13) Property means both real and personal property.
Real Property C.R.S. 39-1-102(14) Real property means:a)All lands or interests in lands to which title or right of
title has been acquired from the government of the United States or from sovereign authority ratified by treaties
entered into by the United States,or from the state; b)All mines, quarries, and minerals in and under the land, and
all rights and privileges thereunto appertaining; and c)improvements.
REGS01-R.doc. (Rev.4/01)
D-1
EXHIBIT
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View From CR 7 Looking West and Slightly to the South
90 FOOT BUILDING
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LifeBridge Re-zoning Fact Sheet
THE LAW: "New development shall demonstrate compatibility with existing surrounding land use
in terms of general use building heights, scale density, traffic, dust, and noise."Weld Code
Section 26-1-50 4 MUD.C.4 (b)
General Use. LifeBridge is requesting a PUD with E, R1, R2, R3, R4, Cl and C2 zoning.
• In the LifeBridge Newsletter, sent out to all parishioners, Administrator Bruce Grinnell
writes that"We have filed our application for change of zone with Weld County, from
agricultural to residential" (Italics in original).
• NOT TRUE: The bulk of the PUD rezoning request submitted to Weld County is for Cl
(neighborhood commercial) and C2 (general commercial) zoning. This commercial zoning
for theaters and gyms is incompatible with the existing residential homes surrounding it.
• Weld County's "Mixed Use Development" (MUD) Plan for the area designates the field for
"residential" development, NOT urban development.
Building Heights. LifeBridge is requesting the right to build structures 90 feet tall.
• Homes in the surrounding neighborhoods are 20 ft (Longview) and 30 ft (Farms and Elms).
• The Island Grove Regional Events Center outside Greeley seats a full 6,000 people but is
only 25 to 40 ft. tall.
• The Pepsi Center in Downtown Denver is 100 ft. tall.
Scale. LifeBridge is requesting 1.5 million sq. ft. for their"Church Campus" and 70% lot coverage.
• The Twin Peaks Mall in Longmont is only 558,314 square feet.
Density. LifeBridge seeks a 2%market share or 15-20,000 church members.
• The largest church in Colorado is the New Life Church in Col. Springs with 6,000 members.
Traffic. 26,000 round trips per day—that's 26,000 in, and 26,000 out.
• Weld County is recommending connectivity with Elms (opening up Pearl Howlett Rd. so
that traffic will surge by the park/school children pickup) and Farms (Blue Mountain Rd.).
• Phase One to be built immediately includes a 3,300 seat auditorium/theater.
• Events there will generate surges of traffic at the 119/CR 3.5 intersection, obstructing
entrance to Longview.
Noise and Light. Plan includes a 1,500 seat outdoor amphitheater and a 6,000 car parking lot.
• 4 ft. berms on distant property perimeter will not block noise or light pollution.
I AM AGAINST
Lifebridge Development
NOT compatible
•
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EXHIBIT
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View from the East End of Pearl Howlett in the Elms development
90 FOOT BUILDING -- Wire frame is the proposed 90 foot height volume
This line is at the
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is 45 feet high
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' SEPT 3, 2001
11 TN\ Post Office Box 471 •Boulder,Colorado 80306
Boulder Land Use Department
County Courthouse Annex
2045 13th Street• 13th&Spruce Streets• Boulder.Colorado 80302•(303)441-3930
•
April 30,2001
The First Christian Church of Longmont
10345 Ute Highway
Longmont,CO 80501-9737
Re: Noxious Weeds on Property with Tax ID#51935 Located at 10345 Ute Highway
Dear Property Owners:
The Boulder County tax records indicate that you are the owners of record of the above referenced
property more particularly described as parcel#1205-22-3-00-008 in Section 22 of Township 3N and
Range 69W in unincorporated Boulder County,Colorado.
This letter is being sent to you to remind you that in the past it was reported that you have Canada thistle
(Cirsium arvense)and other noxious weeds growing on your property. These noxious weeds are defined
by the Boulder County Noxious Weed Management Plan. You are responsible for seeing that these and all
other noxious weeds on your property are controlled.
If these or other noxious weeds remain on your property after May 15,2001,I will request that the Local
advisory Board take action at a regularly scheduled public meeting to authorize the Zoning Inspector or
designee or any duly retained independent contractor to enter on the property,and expend County funds to
manage the noxious weeds. You will be billed the entire incurred costs, including up to 20 percent for the
inspections and other incidental costs.
I am enclosing Section 4-102 Management and Enforcement—Properties Not Owned by the County for
your perusal. Please read section(C-3)for the appeal process regarding this letter.
Feel free to call me at(303)441-3930 if you have any questions.
Sinc rel
Ed Meacham
Zoning Inspector \
Jana L..Mendez Ronald K.Stewart Pal Danish
Canty Commissioner County Commissioner - County Commissioner ner
11 a
Post Office Box 471 •Boulder,Colorado 80306
Boulder Land Use Department
Count Courthouse Annex
2045 13th Street• 13th&Spruce Sheets•Boulder,Colorado 80302•(303)441.3930
November 13, 1998
First Christian Church
10345 Ute Highway
Longmont, CO 80501
Att. Harry Lozinski
Dear Mr. Lozinski,
It has come to the attention of the Building Division of the Boulder County Land Use
Department that several trailers have been moved onto your property. The purpose of this letter is
to inform you of permit requirements for temporary structures as well as possible Land Use Code
violations.
If your intent is to have these trailers on this property for temporary use, a permit from the
Boulder County Building Official is required. (Section 106.1 of the Boulder County Building
Code) it is important to note that this permit must be issued prior to the temporary structures
being on site. (Section 106.1 Boulder County Building Code)
Please contact me at your earliest convenience so that a satisfactory resolution can be reached.
Information needed to process permits applications include but are not limited to, intended use of
the structures, location of the structures on the subject property as well as a statement regarding
the length of time the structures are to be used.
I am faxing this letter as well as sending by fast class mail so that you can be aware of the
potential legal problems which could arise should these permits not be issued.
Res ctfully,
111164(6
erald D. George
Chief Building Official
cc Graham Billingsly,Director, Boulder County Land Use
C. Jan Lord,Assistant Boulder County Attorney
John Gaddis
Ray Rogers
Jana L.Mendez Ronald K.Stewart Paul Danish
Cody Commissioner County CormaWoner County Commissioner
I 1 Post Office Box 471 •Boulder,Colorado 80306
Boulder Land Use Department
County / Counts• Arnex
/ 2045 13th Street • 13th&Spruce Streets•Boulder,Colorado 80302•(303)441-3930
June 30, 1998
First Christian Church
10345 Ute Highway
Longmont CO 80501
Re: Canada Thistle and Illegal Sign
I am faxing you this letter today because it was reported to this office that you have Canada thistle growing
on your property and that you have erected an illegal sign for"The Secret Garden"play at the church. I am
requesting your assistance in correcting these matters immediately.
The Boulder County Weed Management Plan,as authorized by the Colorado Revised Statutes,has declared
that Canada thistle is a noxious weed. You must have it cut immediately and the stalks removed to prevent it
from spreading. Also,remove the sign as soon as possible.
Please call me at(303)441-3930 so we can begin development of a weed management plan for your
property. If you desire,I can drop off a copy of Article 13-Signs from the Boulder County Land Use Code so
you can avoid any future violations.
I am contacting you in this informal manner since we have been in contact before and I ant confident you will
correct these violations. Jan Rundus,Assistant County Attorney,may contact your counsel regarding these
matters.
Thank you for your cooperation.
Sinc ly,
Meacham
Zoning Inspector
cc: Graham Billingsley,Land Use Director
C.Jan Rundus,Assistant County Attorney
•
Jana 1.Mendez Ronald K.Stewat Paul Danish
Canty Convnitsoner Canty Commissioner County Commissioner
arr
r Post Office Box 471 •Boulder,Colorado 80306
Boulder Land Use Department
County Courthn.ea Amex
2045 13th Street • 13th&Spruce Streets•Boulder,Colorado 80302•(303)441-3930
August 14, 1997
The First Christian Church of Longmont
10345 Ute Highway
Longmont CO 80501-9737
Re: Notice of Zoning Violations on Propertywith Tax 11)#51925 Located at 10345 Ute Highway
Dear Property Owner:
The Boulder County tax records indicatethat you are the owners of record of the above referenced property more
particularlydescribedas parcel#1205-22-3-00-008in Section 22 of TownshipII and Range 69 in unincorporated
Boulder County, Colorado. This is in a district that is zoned Agricultural(A).
Due to several complaints, on August 13, 1997,I conducted an inspection of the above referenced property. The
inspection revealed that you are in violation of Article 3-100(B-1-1)and Article 4-102(B-6-c)and(B-10-a)of the
Boulder County Land Use Code for the following reasons:
1. Over 50 cubic yards of material have been moved on the property without having a grading
permit
2. There is a day care center being operated on the property without having completed a special
review with the Land Use Department as required under Article 4-506(C)Day Care Center
3. There is a miniature golf course being operated on the property without having completed a
special review with the Land Use Department as required under Article 4-510(D)Outdoor
Recreation.
The purpose of this letter is to provide you with official notice and the opportunity to correct these and any other
violations within 30 days pursuant to Section §30-28-124 of the Colorado Revised Statutes.
Please,within 30 days after the date of this letter,either correct the above-refereaed violations,or contact the Land
Use Department to arrange for a special review pre-application conference with one of the plannersA single special
review process can review all these and any other violations such as special events,signs,etc.
A member of our staff will reirspect the property again after 30 days to determine if the violations remain. If the
violations remain, civil remedies are usually sought by the County Attorney's Office pursuant to applicable law.
Criminal charges could result in the churchbeing fined up to $100.00 for each day that the violation remains or by
such other remedy as specified in the Colorado Revised Statutes and the Boulder County Land Use Code.
•
Jars L.Mendez Ronald K.Stewart Paul Danish
County Commissioner County Commissioner County Commissioner
•
RECEIVED
Philip Duclos fi6iCfGIVG
12968 Hillcrest Drive JUL 3 1 1998 cou[�ti°Cot i ir3ifflJ ^
Longmont, CO 80501
LAND USE DEPT. JUL 3 U 1998
July 27, 1998 REC'D BY
TIME
RE: First Christian Church Petition for Annexation
Boulder County Commissioners
Box 471
Boulder,CO 80306
Greetings:
A meeting was held on July 7, 1998 among the residents of the Willis Heights subdivision to discuss the
Petition for Annexation that was filed by First Christian Church (FCC) on December 15, 1997. Attached
are our comments on that plan.
Please feel free to contact me either at the above address, at 303-651-0478 or pjd@clouds.com.
eg
Philip uc os
•
11 1. Post Office Box 471 •Boulder,Colorado 80306
Boulder Land Use Department
County Courthouse Annex
2045 13th Street• 13th&Spruce Streets• Boulder,Colorado 80302 •(303)441-3930
November 7, 1995
First Christian Church
10345 Ute Highway
Longmont, CO 80501
Sun Construction
1232 Boston Ave
Longmont, CO 80501
To whom it may concern:
The zoning office has received your application for a remodel and has placed it on hold. Our records
indicate that the existing structure is currently "nonconforming" and that there is an active zoning
violation on the site for grading without a permit. Either one of these conditions would prevent the zoning
office from approving the permit.
"Nonconforming Uses" are existing uses which do not meet the current requirements outlined in the
Boulder County Land Use Code. Such uses can continue at their present level, however further expansion
cannot be granted permits. The parcel would then need to be brought into compliance with the code
before the issuance of building permits could start again. First Christian Church is considered
nonconforming because of criterion laid out in Article 4-102(F)(2) which requires a Special Use when
a use possess occupant loads greater than 100 persons or generates traffic in excess of 150 average daily
trips (75 round trips). Other provisions of Article 4-102(F)(2) may apply as well but have not been
determined as of this date. The church must therefore obtain a Special Use to come into compliance with
the code. '
The grading without a permit violation was to be resolved by obtaining a grading permit, which also is
being held up pending the Special Use approval.
•
In summary, Building permit #95-2055 for a remodel will be placed on hold until a Special Use is
obtained and the grading permit granted. The permit can then be reactivated.
Sincerely,
a
Zoning Inspector
Jana t.Mendez Ronald K.Stewart Pass Danish
County Commissioner County Commissioner County Commissioner
/I t Post Office Box 471 •Boulder.Colorado 80306
Boulder Land Use Department
County Administrative Services Building
2040 14th Street• 141h&Spruce Streets•Boulder,Colorado 80302•(303)441-3930
August 18, 1995
First Christian Church
10345 Ute Hwy.
' Longmont, CO 80501-9737
Re: Zoning Violation, 10345 Ule Hwy., parcel number 1205-22-3-0-008
Dear To whom it may concern:
On July 17, 1995, an inspection of the above referenced property, of which you are the owner of .ecotd, •
' revealed that you are in violation of Article 3-100(B)(F), 17-300, and 7-1600 of the Boulder County Land Use
Code for the following reasons:
•Grading (volleyball courts)in excess of 50 cubic yards without a Grading Permit or
Limited Impact Special Review.
•New 120+ square foot structure without a permit.
•Lights shining onto neighboring properties on the east of the church.
•
Grading and building permits must be obtained for the volleyball courts and accessory structure. The lighting
needs to be redirected or screened (possibly with a visor).
The purpose of this letter is to provide you with official notice and the opportunity to correct the violation
pursuant to C.R.S. 30-28-124. Your property will be inspected again thirty days after the date of this letter.
If the violation(s) described above have not been corrected, I will consider referring the matter to the Boulder
County Attorney for appropriate legal action. Please be aware that under the statute referred to above, the
County Attorney is responsible for the enforcement of the Boulder County Land Use Code and is authorized
to file either civil or criminal law suits against violators to compel the abatement of zoning violations.
This letter also is a decision of the County Zoning Administrator based upon and made in the course of the
administration or enforcement of the Boulder County Land Use Code. If you are aggrieved by this decision
and wish to challenge it, you must file a written appeal with the Zoning Administrator, with payment of the
required appeal fee ($100 as of January 23, 1995), which the Zoning Administrator must receive no later than
thirty days after the date of this letter. Any appeal filed will be heard and decided upon by the County Board
of Adjustment under Article 26 of the Boulder County Land Use Code and the Supplemental Rules of the Board
of Adjustment. If you do nut appeal, this decision is final.
If you have any questions, please contact me at 441-3930.
Sincerely,
�.�/✓�--
Glen Segrue J
•
Zoning Inspector
cc: Boulder County Attorney's Office
Jana L Mendez Ronald K.Stewart Homer Page
County Commissioner County comnsloner County cmmWoner
First Christian Church Annexation Petition
Neighborhood comments
Willis Heights Subdivision
We are opposed to the annexation of First Christian Church (FCC) ,
Willis Heights or any property to the North of Hwy 66 into the
City of Longmont.
We believe that annexation of any property to the North of Hwy 66
into the City of Longmont will result in an immediate negative
impact upon the residents of Willis Heights . We believe these
impacts will be in the form of -
traffic
noise
dust
trespass
lighting
view obstruction
urban sprawl
Many of us moved out of the city to escape these hazards . We are
not pleased to find the threat of these in our own backyards .
In the particular case of the FCC petition, we believe that the
impact to us would be acute and offer the following comments :
The FCC has a serious traffic problem. However the
annexation plan provides no solution and the Design
Review Committee (DRC) reports that no such problem
exists . The members of the DRC are invited to attempt
to make a left turn from Hillcrest Drive onto Hwy 66
almost anytime during the day on Sunday to experience
this non-existent problem first hand.
The traffic solution provided in the annexation
proposal, like many aspects of that proposal, offers
changes at some later time when future development
occurs . Offering to provide solutions to problems which
exist today at some undefined time in the future is
unacceptable and should be rejected by the DRC.
The traffic solution proposed, at some future date, is
to spread the traffic problem around to 95th Street,
Hwy 287 and any road from the North which might
interconnect with Willis Heights . This also is
unacceptable and it is silly to suggest that some
Page 1 of rl
future road to the North will be better able to handle
the congestion when Hwy 66 cannot.
It is clear that the FCC ' s traffic problems currently
impact Willis Heights and the other residential
neighborhoods all along Hwy 66 . Expanded facilities
and increased usage will only aggravate this serious
situation. The FCC needs a workable traffic solution
right away and this problem must be addressed
regardless of the status of FCC ' s Petition for
Annexation.
The FCC has shown repeated disregard for its impact
upon its neighbors throughout its construction and
operation. This has been documented in the repeated
complaints of Willis Heights residents and enforcement
actions by Boulder County. Further development of the
FCC property, as outlined in the annexation plan, will
extend the duration of the impact over a greater number
of hours and days . We are opposed to any expansion of
usage of the FCC facilities .
The FCC has quite a number of outstanding zoning
violations with Boulder County and has been subject to
enforcement actions . We believe that these issues
should be resolved with Boulder County before any
action is taken by the City on the petition.
Increased activity at the FCC has resulted in increased
incidents of trespass. While attracting church-goers
during the day, it seems to attract troublemakers at
night. Expansion of the use of church facilities will
increase these incidents as will the construction of a
greenway along Rough and Ready Ditch.
The FCC plan for a greenway along Rough and Ready ditch is
poorly designed with no public access on either end. The
South end of the proposed greenway dead-ends into private
property which already suffers from increased trespassing
pedestrian traffic to and from the FCC. Although illustrated
on the Longmont Area Comprehensive Plan (LACP) , the
proximity of the FCC facilities to the ditch and surrounding
properties make this area unsuitable for public access .
The proposed zoning for the FCC property is El. The FCC
use would be a conditional use for this zoning and, in
fact, fails the following conditional use criterion
. defined in section 19. 14 .020 of the City of Longmont
zoning code: A, C, E, F, G, H, I, J, O, T and U. To
date the FCC has taken no steps to mitigate its impact
Page 2 of .8'9
on its neighbors and it seems unlikely to in the
future.
Many of the improvements outlined in the FCC ' s plan are
deferred until future development. There is no
timetable or plan for implementation. In short, the
FCC will do whatever it wants whenever it feels like
it . This is hardly good development planning and should
be addressed by the City of Longmont in the Design
Review Committee. The FCC should be prepared to
address its traffic, utility and noise problems
immediately and should submit a plan to Boulder County
to do so.
While the FCC may make its facilities available to the
City or others on whatever basis it chooses, the
facilities are not public and remain under the control
and responsibility of the FCC. As such they can hardly
be counted as a benefit to the City or community since
access can be denied or constrained at any time for any
reason.
The FCC is clearly a facility that wants to expand. Some
residents have raised the question of whether the FCC is a church
or a dinner theatre. The existing structure is overbearing,
oversized, blocks views of the mountains and contributes only an
unsightly wall and HVAC unit to its neighbors. It detracts from
the peace and quiet of rural Boulder County with unauthorized
construction and special use activities and clogs our roads with
-- traffic jams. There are reasonable limits placed on facility
usage and these limits were exceeded long ago. While annexation
of the FCC property into the City of Longmont clearly benefits
the FCC it also clearly benefits no one else.
\ The residents of Willis Heights are concerned about FCC ' s
Petition for Annexation and other growth issues before the City
of Longmont and would like to be kept informed of progress on
these issues .
Page 3 of Si
Hillcrest Drive
Please put your name on the line corresponding with your address .
12625 Hillcrest Drive
12626 Hillcrest Drive
12651 Hillcrest Drive
12652 Hillcrest Drive
12675 Hillcrest Drive
12676 Hillcrest Drive
12694 Hillcrest Drive
12695 Hillcrest Drive diiei
12706 Hillcrest Drive
12707 Hillcrest Drive •. -r-..j-' ' C 2_ _ ,ca u,
12736 Hillcrest Drive
12737 Hillcrest Drive // ' / _
12773 Hillcrest Drive �cA.- c `k_ „ Ccvc�4
12797 Hillcrest Drive Aw .Q 'i.y ��
12798 Hillcrest Drive
12809 Hillcrest Drive J/'� w _
12818 Hillcrest Drive Ait tar c[¢¢t
12838 Hillcrest Drive
12856 Hillcrest Drive
12874 Hillcrest Drive
12875 Hillcrest Driveate
12895 Hillcrest Drive ` Cc� }e� .�J1(i
12911 Hillcrest Drive
12941 Hillcrest Drive
12950 Hillcrest Drive
12953 Hillcrest Drive J en.font- +-1764 ijo � , n e�
12963 Hillcrest Drive J
12968 Hillcrest Drive d
12969 Hillcrest Drive
1294 Hillcrest Drive
12988 Hillcrest Drive `4-
12944 Hillcrest Drive 0} i
O•177c� ( e rnitok
isIII H - t w ,1 all (a
a9 j 2 � DauLtOe, Tin Z-
/a 987 " � P e 5 of
Willis Heights residents comments on proposed FCC Annexation
Plan.
Columbine Drive
Please put your name on the line corresponding with your address .
10525 Columbine Drive
12651 Columbine Drive
12652 Columbine Drive
12671 Columbine Drive
12672 Columbine Drive
12691 Columbine Drive
12692 Columbine Drive
12724 Columbine Drive
12725 Columbine Drive
12726 Columbine Drive (.ns <_ rf.t -
12744 Columbine Drive v / (�
12745 Columbine Drive l / �1.�� at4P:
12753 Columbine Drive
12756 Columbine Drive �o (tc, •�--
12764 Columbine Drive
12765 Columbine Drive
12783 Columbine Drive
12784 Columbine Drive
12785 Columbine Drive
12795 Columbine Drive O y 7 Pe•get.cis w �
12827 Columbine Drive �
12828 Columbine Drive
12856 Columbine Drive
12877 Columbine Drive
12878 Columbine Drive
12885 Columbine Drive
12886 Columbine Drive
12890 Columbine Drive
12891 Columbine Drive
12892 Columbine Drive S x46.4 c t
12899 Columbine Drive 7/��12919 Columbine Drive �� _r 4&l iel
12939 Columbine Drive
12958 Columbine Drive
12984 Columbine Drive
12987 Columbine Drive
12433 clou7LZNE afive q of r
Willis Heights residents comments on proposed FCC Annexation
Plan.
Parkridge Avenue
Please put your name on the line corresponding with your address .
10541 Parkridge Avenue
10561 Parkridge Avenue
10597 Parkridge Avenue f
10599 Parkridge Avenue
I
/9
10631 Parkridge Avenue cry ( e (_off Q wJ
10651 Parkridge Avenue
10656 Parkridge Avenue
10Oi Pcgk lOn P. JEntde- a,,;, /,, 44nvn7n�
Page 6 of .8'1
Willis Heights residents comments on proposed FCC Annexation
Plan.
Waterbury Road
Please put your name on the line
�� corresponding with your address .
/�12794 Waterbury Road ee6 4 /3;c Paoscc2.
12795 Waterbury Road
12825 Waterbury Road
12826 Waterbury Road
12838 Waterbury Road
12853 Waterbury Road .-• ,
12856 Waterbury Road
12875 Waterbury Road
12876 Waterbury Road
12877 Waterbury Road
1284 Waterbury Road a�'Ytj 124 S31sD'/,12928 Waterbury Road12946 Waterbury Road1.'/Z2A_7
l uleoa
10561 Waterbury Road
10597 Waterbury Road
10599 Waterbury Road
10631 Waterbury Road
10651 Waterbury Road
10656 Waterbury,Road
Page 7 of ,81
Willis Heights residents comments on proposed FCC Annexation
Plan.
Woodland Drive
Please put your name on the line corresponding with your address .
12649 Woodland Drive
12650 Woodland Drive
12669 Woodland Drive
12670 Woodland Drive
12689 Woodland Drive
12690 Woodland Drive
12721 Woodland Drive hid C7,--( 6- `d Chi, &.,r L111:4-2-a756-
12722
Woodland Drive
12741 Woodland Drive
12742 Woodland Drive
12761 Woodland Drive
12762 Woodland Drive
12781 Woodland Drive
12782 Woodland Drive
•
Page 8 of.81
Willis Heights residents continents on proposed FCC Annexation
Plan.
Grandview
Please put your name on the line corresponding with your address .
_12---PP-1 Grandview 15Ci3 4 /≥L-.T,.4 pia-io,t4 F. 7 7 (o $ 3 6 J
113 Grandview CrAff�! L KA 517cf-Pc&'
- 7251 Grandview �cQGc--.>J �0/ C-kanfl 7 7&21,3
Grandview
Grandview
Grandview
Grandview
Grandview
Grandview
Grandview
Grandview
Grandview
Grandview
Page 9 of 9
Willis Heights residents comments on proposed FCC Annexation
Plan.
Hello