The URL can be used to link to this page

Browse Search

Home My WebLink About20192902.tiffAugust 1, 2019 Petitioner: NELSON STEVE 112 MELODY LN PLATTEVILLE, CO 80651-7542 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-2902 Appeal 2008224733 Hearing 8/1/2019 9:00 AM Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2019. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R8950660 Adjust - Denied in Part $16,892 $9,842 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. §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. All appeals to the Board of Assessment Appeals filed after August 10, 2019, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2019, 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 C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §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 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) 864-7710 Email: baa@state.co.us 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. §39-8-108(1), the rules of Colorado appellate review and C.R.S. §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. §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. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, BOARD OF EQUALIZATION LeL� i!"lv:yfG C. Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Danes, Weld County Assessor Valuation Report of Commercial Property for County Board of Equalization NELSON STEVE Petitioner - Vs. Weld County Assessor's Office Respondent Docket Number: 2019-2902 Parcel Number: 1309-06-4-01-001 Schedule Number: R8950660 Appeal Number: 2008224733 Date: 8/1/2019 Time: 9:00 AM Board: 1 Prepared By Tim Reddick Assessor's Office Staff Appraiser Assessor's Indicated Value COMMERCIAL $9,842 TOTAL: $9,842 Or $2,695 per AC Salient Facts and Conclusions Purpose of Appraisal To determine Market Value as of 1/1/19 based on an appraisal date of 6/30/18. Property Rights Appraised Unencumbered fee simple interest. Location PL.TTEVI LLE Land Area 159,065 or 3.6516 AC Property Type Warehouse Storage Land Value Indications: Market Approach $9,842 or $2,695 AC Final Value $9,842 or $2,695 per AC The subject property is part of 4 parcels comprising 10.2992 acres zoned Agricultural/Holding (A -H) with Developing Urban Overlay (DUO). The property includes a business selling new and used farm equipment as Overland Tractor Supply. The Subject is approximately 4 miles south of the Town of Platteville on the west side of Highway 85. It has limited Southbound Highway 85 access with right in and right out only. The subject property is the Northern most parcel of the four, is a narrow, triangle shape, and had the remains of a pond that is partially filled -in. It may only attribute value as part of a contiguous whale. Map of Subject Market Approach Summary Real Property for the tax year 2019 must be valued utilizing data for the period one and one-half years immediately prior to June 30, 2018. If comparable valuation data is not available from such one and one- half year period to adequately determine the level of value for a class of property, the period of five years immediately prior to June 30, 2018 shall be utilized to determine the level of value. The Assessor has appropriately considered the Market Approach to value for the property on appeal. The Sales Comparison Approach was considered in developing a market value for the Subject. Sales used to establish a market value for the tax year 2019 are from January 1, 2017 through June 30, 2018. Pursuant to 39-1-104 (10.2)(c) C. R. S., the Assessor may utilize sales five years prior to June 30, 2018 to establish the proper value. All sales have been confirmed and verified through transfer declarations as well as interviews with buyers, sellers or their representatives to the sale. All sales used are arm's length transactions, and considered to be the most comparable properties sold in relationship to the Subject property. Market Comparables Account Parcel S ize AC Sale Date Sale P ri Ca Price pe r AC Camp Comp 2 Camp .3 Camp 4 R8947059 88941204 RS94 2720 R 278 9501 1311-26-1-00-001 1057-.2g-3-011-0.29 1211.-.1&-4-00-031 1057-.28-1-2:5-001 7687 County Roar 23 TBD 15221 County Road 27 TB D 9.41 _62 5..99 10..15 3/31/2017 12/2.2/2016 8/6/2015- 1/9/2015 $200, S175, S,100,600 S149,300 S21,,.254 522;966 5 16, 694 14,354 Comp 1 is approximately 5 miles South of the Subject and 2 miles west of highway 85. It is similar in size, rectangle in shape, and has superior access compared to the subject. Comp 2 is approximately 8 miles North of the Subject and just west of Gilcrest. it is smaller in size, oddly shaped, and has superior access compared to the subject. Comp 3 is approximately 1 mile North and just East of Platteville. It is significantly smaller in size, rectangle in shape and has superior access compared to the Subject. Comp 4 is approximately 9 miles North of the Subject on the North side of Gilcrest. it is similar in size, square shaped and has superior access compared to the Subject. After adjustments for location, size, and access, it is estimated the value of the Subject's contiguous 10.2992 acres is $13,475 per acre. The subject is a narrow triangle shape with part of a pond. It is the Appriaser's opinion that a market adjustment of -.8 should be applied resulting an adjusted market value of $2,695 per acre or a total of $9,845 for the 3.6516 acres. Value As Indicated By Market Approach $9,842 or $2,645 per AC Conclusion Real property for tax year 2019 must be valued utilizing the level of value for the period of one and one- half years immediately prior to July 1, 2018. Except that, if comparable valuation data is not available from such one -and one -half -year period to adequately determine the level of value of a class of property. The period of five years immediately prior to June 30, 2018 shall be utilized to determine the level of value. Said level of value shall be adjusted to the final day of the data gathering period. Changes occurring between base years are not to be accounted for until the following level of value is implemented, other than additions, change in use, detrimental acts of nature, damage due to fire, etc., or creation of a condominium, or any new regulations restricting or increasing the use of the land, or a combination thereof. {39-1-104(11)(b)(1) C. R .S.} The subject property has been classified as Commercial Property for assessment purposes. Commercial property value shall be determined by appropriate consideration of the Cost Approach, Market Approach, and Income Approach to value. {39-1-103(5)(a) C. R. S.} The Assessor has considered all three approaches to value for the subject parcel on appeal. Final Reconciliation After consideration of the cost, market and income approaches, it is the Weld County Assessor's opinion that the value of $9,842, most accurately reflects the value of the subject property in Weld County for the 2019 tax year. Market Approach $9,842 or $2,695 per AC Assessor's Indicated Value COMMERCIAL $9,842 TOTAL: $9,842 or $2,695 per AC Addendums 1. Annexation Agreement 2. Agricultural Holding definition 3. Developing Urban Overlay definition ANNEXATION AGREEMENT sem ,=■ 3 03 et la a „ eas a .- ��LI_ ..,� i-c• 'NI esith. wee all e lighst THIS ANNEXATION AGREEMENT EEI` ENT (the "Agreement") is made and entered into this 6th day of June, 2017, by and between Kim M. Nelson and Steven H. Nelson, properties with the legal address of 1 823 County Road 24, ("Petitioner"), and the TOWN OF PLATTEVILLE, COLORADO, a Colorado municipality with a legal address of 400 Grand Avenue, Platteville, Colorado 80651 (the "Town") (each individually, a "Party" and collectively the "Parties"). WHEREAS, Petitioner has filed a petition with the Town, pursuant to C.R.S. § 31-12- 107(1), for annexation to the Town of the unincorporated lands more particularly described in Exbibit it A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, Petitioner is the owner of 100% of the Property, excluding public rights -of - way; WHEREAS, Petitioner desires to have the Property annexed into the Town to obtain from the Town such municipal services as the Town may now or in the future extend, including, without limitation, those described herein; and WHEREAS, the Town has determined that it is in its best interest to annex the Property, to provide municipal services thereto, and to receive revenues from the Property upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing premises and the covenants, promises and agreements of each of the parties hereto to be kept and performed by each of them, the parties agree as follows: 1. Annexation. The annexation of the Property shall be in accordance with the Colorado Municipal Annexation Act of 1965, as amended. 2. Purpose_ The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property. Unless otherwise expressly provided to the contrary herein, all conditions contained herein are in addition to arty and all requirements contained in Town ordinances, as currently in effect, or as hereinafter amended, and any and all applicable state statutes. 3. Zoning. Petitioner hereby consents to the zoning of the Property as Agricultural/Holding (A4 -I), with Developing Urban Overlay (DUO). Petitioner is entering into this Agreement and is undertaking the obligations imposed upon Petitioner herein in reliance upon the Town's concurrent adoption of an ordinance annexing the Property into the Town and an ordinance zoning the Property as provided in this Section. Performance of Petitioner's obligations hereunder is expressly conditioned upon the Town's adoption of the ordinances described in this Section. If the Town fails to adopt the ordinances described in this Section, then the petition for annexation will be deemed withdrawn and the annexation process will be terminated. 4. Town Application Fees. The Parties hereby agree that if Petitioner submits a subdivision application within 60 days of approval of this Agreement, then the Town will waive all associated application fees and reimbursement obligations. 1 6/15/2017 C: USERS' LEE14?J'DA TA'LL0CAL I. ICRQSO P WINO WSUWE 'C'ACHE CONTE T O(JTLOO G3 u Y . ISH 85 PARCEL 3 ANNEX4 PION -A 050217.DOCX 00 a ;;e 4-c• CDC 6"21 elmia 6-4 - w 8 ct east2us is C o IS a e *N # a Q. irle s- in IN 0 Ng3,>a, Ova 5. Town Property Taxes, The Town hereby agrees to set aside and thereafter rebate to Petitioner all Town -imposed ad valorem property taxes for the Property received by the Town for a period of 10 years from the date of execution of this Agreement. The Town shall issue such rebate on an annual basis, within. 30 days of the Town's actual receipt of such property taxes. Petitioner acknowledges that this rebate does not apply to any taxes imposed by any other governmental entity, including without limitation Weld County. Petitioner further acknowledges that this rebate does not apply to any other taxes or assessments other than Town -imposed ad valorem property taxes. The Town's obligation under this Section is personal to Petitioner, and should Petitioner sell or otherwise transfer the Property, the Town's obligation shall terminate without further action of the Town. 6. Waiver of Prior Vested Rights. Petitioner waives any prior vested property rights acquired in Weld County so long as the Property remains annexed into the Town. 7. Town Ordinances, Regulations, Codes, Policies _.and Procedures. Except as expressly provided herein, all Town ordinances, regulations, codes, policies and procedures shall be applicable to the use and development of the Property; provided, however, that the Town shall not impose or enact any additional conditions, exactions, dedications, taxes, assessments, fees, seat tax, regulations or the exercise of the police power or the taxing power related solely to the Property or the use of the Property as contemplated by the zoning. Nothing herein contained shall, however, be deemed to limit or restrict the Town's power to legislate or regulate, or to impose taxes or fees, of general applicability to similarly situated persons or properties. 8. Recordation, This Agreement shall be recorded with the Clerk and Recorder of Weld County, Colorado, and shall run with the land, and shall be binding upon and shall inure to the benefit of the heirs, successors and permitted assigns of the Parties. 9. Cure of Legal Defects. In the event the annexation or zoning of the Property or any portion of this Agreement is declared void or unenforceable by final court action, the Town and Petitioner shall cooperate to cure any legal defects cited by the court, and immediately upon such cure, the Town shall recommence proceedings to annex the Property, subject to the terms of this Agreement. 10. Limited Remedy. The sole and exclusive remedy of Petitioner against the Town for any breach of this Agreement shall be limited to file a petition for disconnection with the Town. 11. Effective Date. This Agreement shall be effective and binding upon the Parties upon the effective date of the ordinance annexing the Property. 12. Ajjthqiity of the Town. Nothing in this Agreement shallconstitute a waiver or abrogation of the Town's legislative, governmental or police powers to promote and protect the health, safety and general welfare of the Town or its inhabitants; nor shall this Agreement prohibit the enactment by the Town of any tax or fee that is of uniform or general application. 13. Miscellaneous. a. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. 2 6/15/2017 C:\USERSIMLEa4P.PDATAU.00A USEf l LEEU4EPPA TA'►LOCALUIRCROSO .WIN/JO W'S1INET ACItECONTENT 0 UTLOOUTLOOKI3 UTAF Y0L'SIH 85 PARCEL 3 AAW A TION-A 050217. DO X cis Is WC SE0 0-4 om ..aea.. 0: fa CO Mil: 460. - CA -5a X Naga '-'am- "" rstr ■, Ciro C41.13411. b+ No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third -party beneficiaries to this Agreement. e. Severability. If any part, term or provision of this Agreement is held by any court of competent jurisdiction to be illegal, invalid or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid, and the parties shall cooperate to cure any such defect. f. Governing Law and Venue. Colorado law shall govern the validity, performance and enforcement of this Agreement. Should any party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that venue of such suit or action shalt be in Weld County, Colorado. g. Modification. This Agreement may be modified only by written agreement between Petitioner and the Town. h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. i. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. . Sub igct to. Annual Appropriation,. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. ATTEST: Mary F. Lea Town Clerk e ainder of page i 3 TOWN OF PLATTEVILLE S 0 Hope orris, Mayor Pro Tern gnatures continue on fallowing page_] 6/15/2017 C: ti USERSOILEEWPPDA TA'LOCALIM 'ROSQ WINDUWSIINET '. CHECONTENT O TLOOK\G3 U? NYOL\SH 85 PARCEL 3 AN:VEX4 TION- A 050217. DOCX IMPa ii co aE *kn.; e : n,- se 41. sh &. , , e'y CZ; C ""` &Tie N vestal STATE OF COLORADO COUNTY OF ) jss. By: The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of 61.0%.16- , 2017, by �+M M. �� . , as of ia:%2\3. My commission expires: (SEAL) STATE OF COLORADO COUNTY OF WELD ) ss. By: PET Its ER The foregoing instrument was subscribed, sworn to, and acknowledged bsfore me this day of ttiU+-?Jc , 2017, 31eby Cts5o, as QiE2d of I33 ;11-1-4 My commission expires: (SEAL) 4 MARY C LEE PUBLIC STATE OF COLORADO NOTARY Ip 2003+103'#,iA07 MY COMMISSION EXPIRES 0910212019 64151'2017 C: I USER SMLEEW PPDA TA hL AL\M}CRQSOFTL i 'INDoWYJNE A CUE ICO TEN 10 U `hOOKk33 UTNYOL IS T 85 PARCEL 3 A NEXA TION-A0502/ T.DOCX 7130/201 9 Print Preview Sec 16‘,2-40 Agricultural/Holding (Aril) District (a) Characteristics and Objectives. The Agricultural/Holding (A -H) district represents rural property located within a Developing Urban, Rural Protection, or Environmental Constrained planning area aesignated in the Comprehensive Plana This is land use classification is intended to encourage the sustainability of agricultural production in the Rural Protection and Environmental Constrainedplanning areas, and discourage leapfrog development and ensure that land develops in a systematic and cost-conscious manner where appropriate within the Developing Urban area. The Town strongly discourages Weld County from allowing this land to be developed or subdivided until it is annexed to the Town, Where urban levels of service can serve the land designated as "Agriculture/Holding," the Town may re-examine the appropriate locations and recommended uses and densities for this land. https:l platteville.murudpaIcodecnIine.com/book/prink?type wr ihnanceS&narneL:SeC... 1 6 2 4O_AgriculturaI'HoldingJA-HL...DistnCt 1,4 7)30/2019 Print Preview (b) Use Regulations. (1) Permitted Princip& Uses, as One (1) dwelling unit/structure per existing parcel, b. Husbandry of domesticated farm or ranch animal_ c Field operations including field preparation, planting, fertilizing, cultivating, harvesting, tilling, herbicides pesticide spraying, haymaking, mowing. crop storage, hauling, fencing and barn construction, and agricultural uses, including family farms and ranching businesses. d. Agricultural commercial enterprises. e. Nursery/tree farm that involves the planting, growing, cultivating, cutting and harvesting of trees growing on a site, and the loading, unloading and sorting of trees on a site where they were grown, for wood or wood -based products. f. Commercial stables, riding school, trout farm, petting corral or small dude ranch. g. Bed and breakfast establishment. h, Educational or research facilities use related to agriculture, horticulture and animal husbandry, including facilities for the investigation, testing and demonstration of agricultural products and processes, including biotech ical agriculture, veterinary, soil, plant and animal sciences. it Residential cluster developments. j. Wen -maintained single-family dwellings with or without guest or worker's quarters. k. Small solar energy systems. (2) Permitted Accessory Uses and Structures. a. Accessory structures and uses that assist in the production of value-added agricultural products. b. Agricultural accessory dwelling unit/structure, limited to nine hundred (900) square feet per acre of land. c. Veterinarian; farrier; saddle repair. d. Uses that are customarily incidental to any of the permitted principal uses and are located on the same lot. e. Accessory solar energy systems. htlps:/!plattesnlie.rrnunK:ipalcodeanline.ccrr1Ihooklprint?type=ordiriances&name=SeC_.16---40_AgehcufturaliFlolding..,.JA-H)_Distiict 2/ 7/3012019 Print Preview (3) Conditional Review Uses. a. Public buildings, civic facilities, schools (except public schools exempt from municipal land use control pursuant to state law) and places of worships b. An owner -occupied or nonprofit group home for the aged as these terms are defined by Section 31-23-303, C.R. ,i if it serves as a permitted principal use and is for no more than eight persons, is not located within n seven hundred fifty (750) feet of another such group home, and the owner or operator resides and maintains primary residency within the group home. c, Utility infrastructure if it is needed to serve the area in which it is located, and no nonresidential location exists, and it is designed so as to be nonobtrusive and blend in with the surrounding area. d. Central farm distribution hub for agricultural products including without limitation trucking operation, stockyard, auction house, cannery or other processing facility. a. Any permanent accessory structure that exceeds nine hundred (900) square feet per acre of land. f. Adult entertainment establishments. . Large solar energy systems. h. Oil and gas operations. I. Other rural industrial land uses associated with agricultural operations, energy production, or natural resource extraction. J. Cottage industries. (c) Dimensional ional Requirements. (1) Minimum lot area: Forty (40) acres unless as part of subdivision exemption or residential cluster development. (2) Minimum lot width: Two hundred (200) feet. (3) Maximum gross density: One (1) dwelling unit/structure per forty (40) acres as part of subdivision exemption or a residential duster development. (4) Maximum impervious coverage: Twenty percent (20%). (5) FFront setback: Twenty-five feet. (6) Side yard setback: Fifty feet. (7) Rear setback Fifty (50) feet. (8) Maximum building height: Thirty (30) feet. laps:/iplatteviH Ee . mum ci p a ic.Qdeo n k ne . com/booklprinl'? type =pule nances& name Sec_ 16_2..4 0 Agricu itu ra1(H old Ina, JA-FI)__..D; strict 3,4 7/30/2019 Print Preview (d) Development Standards, (1) Horse and livestock corrals must be set back fifty feet from ail property lines. If the property is on an individual septic system, no horses or livestock shall be permitted on any lot that is not five (5) acres or greater and no corral shall be placed upon the designated leach field. (2) Development shall be located, sited and designed to blend in with the existing natural environment and minimize disruption to existing terrain, vegetation, drainage patterns, natural slopes and any other distinctive natural features. Development design and site layout shall protect and preserve wetlands and riparian areascritical wildlife habitats and natural features, and landmarks. (4) Private and unpaved roads are permitted, (5) l nper io s cover shall be minimized to reduce surface run-off. (6) Pedestrian, bicycle and equestrian -friendly roads or trails are encouraged. (7) Travel restrictions on heavy commercial vehicles pursuant to Subsection 16-4-100(q) shall apply. (8) irrigation ditches traversing lots shall be protected and center flow shall be maintained pursuant to Section 174-220. (Ord. 667 1, 2011; Ord. 730 1, 2016; Ord. 744 §6, 2017) https:/ p#ettevifle.mun;cipalcodeonline.coni/book)print?type=ordinances&nsme=Sep,_1-2-40,AgrfcuIturaU Ho)ding.-(A-F) District 4/4 From: To: Subject: Date: Attachments: Troy Rerikert Wade Melees Platteville AH Zoning Tuesday, July 30, 2019 9:10:29 AM Agricu tura Ho ding 2orring,pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Wade, Here's the zoning you requested along with an explanation of the Developing Urban Overlay from the Town Planner. If you need anything else just let me know. Thanks. Troy, Here's the relevant excerpt from the code: Sec. 16-2-1.80. Developing Urban Area Overlay District (DUO). (a) The purpose of the Developing Urban Area Overlay (DUO) District is to provide for the transition of existing unincorporated development to a compatible incorporated municipal land use category. in general., the boundaries of the DUO District are consistent with the Developing Urban planning area designated in the Comprehensive Plan. (b) The DUO District shall be applied specifically upon annexation to the Town of one or more parcels zoned Agricultural/Holding (A -H). Parcels zoned AR upon annexation within the DUO District may retain or redevelop their existing use, subdivide into one or more additional lots, and develop new uses on subdivided lots. (c) .-H zone district dimensional requirements and development standards are waived for properties within the DUO District, subject to: submittal of a site plan and submittal of a subdivision plat in accordance with Chapter 17 for any unsubdivided ded parcels or parcels proposed for resubdivision. on . Translation: Since the Nelson's received the DUO designation at the time of annexation, they may 1) continue their existing use or 2) propose any new use allowed either by right or conditional review in the AH district. In addition, neither the existing use nor the new use need to comply with the AH zone requirements, subject to submitting a site plan (and potentially a plat). They also have the option of rezoning to another zoning district or undertaking a Planned Development if they are proposing a use not permitted within the AH district, subject to those review procedures and standards. Hope this helps. Please let me know if you have any questions. Thanks, Martin Martin J. Landers, AICP Principal Plan Tools LiLC 970.622.9811 (O) 970.988.8180 (C) www.plan-tools.com Troy Renken Town Manager Town of Platteville 400 Grand Avenue, Platteville, CO 8065 Office (970) 785-2245 / Fax (970) 785-2476 trenken plattevillegov.org Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. COMMERCIAL R8950660 2019 6088 Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 NOTICE OF DETERMINATION RECEIVED JUL 1 5 2019 WELD COUNTY COMMISSIONERS Date of Notice: 6/25/2019 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM LEGAL ©ESCRIPT NELSON STEVE 112 MELODY LN PLATTEVILLE, CO 80651-7542 0 Lot 1 NELSON SUBDIVISION A SOR ACTUAL VALUE PRIOR TO REVIEW 16,892 UATII ACTUAL VALUE AFTER REVIEW 16,892 TOTAL 16,892 16,892 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 data from Jan 2017 to June 2018 be used to establish current values. We have considered all three approaches to value and we have denied your appeal based upon this data. 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 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. Agent (If Applicable): 2019-2902 15-DPT-AR PR 207-08/13 R8950660 P60/03 oF APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 25th through August 5th at 1150 O Street. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail, file online, 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 Online: www.co.weld.co.us/appsl/cboe/ 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 — after such date, your right to appeal is lost. You may be required to prove that you filed a 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 10, § 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 Contact the District Court in the County Denver, CO 80203 where the property is located. See your (303) 866-5880 local telephone book for the address and www.dola.colorado.gov/baa telephone number. 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 BOAR OF EQUALIZATION What is your estimate of the property's value as of June 30, 2018? (Your opinion of value in terms of a spec c dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ 0 O ,00 What ils 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, original installed cost, appraisal, etc.) `HIS IC if(J LhV BWLD4gIF AoT, IT %J i5& e1b GRAuk‘L PIT- TIC on1/./6 W iv D Ti -1f U S F /5 4(, 1401, /06 4 D /5 ►ur1T t/-SE,D fo . c orviK E, c i e - ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any attachrlents hereto are true and complete. Signature 303 "7 Cigar - Telephone Number 5T&( D VC (LL4 W O -1-0 C Oli1 Email Addre s ' Attach letter of authorization signed by property owner. Date 15-DPT-AR PR 207-08/13 R8950660 July 26, 2019 Petitioner: NELSON STEVE 112 MELODY LN PLATTEVILLE, CO 80651-7542 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2019-2902, AS0103 Appeal 2008224733 Hearing 8/1/2019 9:00 AM Account(s) Appealed: R8950660 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 1, 2019, at or about the hour of 9:00 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2019, and mailed to you within five (5) business days. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to discuss your value with the Assessor's Office, please call them at (970) 400-3650. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request to assessor@weldgov.com. Upon receipt ofyourwritten request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Danes, Assessor Hello