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Home My WebLink About20172183.tiffAugust 9.2017 Petitioner RDJ LLC 4450 ARAPAHOE AVE #100 BOULDER. CO 80303-9102 CLERK TO THE BOARC PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable). RE. THE BOARD OF EQUALIZATION 2017. WELD COUNTY. COLORADO NOTICE OF DECISION Docket # 2017-2183 Appeal # 2008216835 Hearing Date 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. Section 39-8-101 et seq considered petition for appeal of the Weld County Assessor's valuation of your property described above. for the year 2017. Account # Decision The Assessment and valuation is set as follows Actual Value as Actual Value as Set by Determined by Assessor Board R7459598 Stipulated - Approved Stipulated Value $796.944 S774,499 A denial of a petition, in whole or in part. by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you You must select only one of the following three (3) options for appeal. 1 Appeal to Board of Assessment Appeals. You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(2). only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10. 2016. MUST comply with the following provisions of C R.S Section 39-8-107(5): (5)(a)(I) On and after August 10, 2011 in addition to any other requirements under law. any petitioner appealing either a valuation of rent -producing commercial real property to the board of assessment appeals pursuant to section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 39-10-114 shall provide to the county board of equalization or to the board of county commissioners of the county in the case of an abatement. and not to the board of assessment appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year: (B) Tenant reimbursements for two full years including the base year for the relevant property tax year: (C) Itemized expenses for two full years including the base year for the relevant property tax year: and (D) Rent roll data. including the name of any tenants the address, unit, or suite number of the subject property lease start and end dates, option terms. base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the board of assessment appeals. (b)(I) The assessor, the county board of equalization, or the board of county commissioners of the county. as applicable. shall, upon request made by the petitioner. provide to a petitioner who has filed an appeal with the board of assessment appeals not more than ninety days after receipt of the petitioner's request. the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a). the county may move the board of assessment appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the county attorney and shall be accompanied by a certification that the county assessor or the county board of equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the board of assessment appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the board of assessment appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued. and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board. and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you 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. Section 39-8-108(1), the rules of Colorado appellate review and CRS. Section 24-4-106(9). govern the process OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration If you choose this optionthe arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. Section 39-8-108.5 governs this process. The arbitration process involves the following: a Select an Arbitrator. You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator. the District Court of the county in which the property is located (i.e.. Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected. and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property. the fess may not exceed $150 00 per case. For cases other than residential real property. the arbitrator's total fees and expenses are agreed to by you and Board of Equalization. but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information please call me at (970) 400-4226. Very truly yours, Esther E. Gesick. Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff. Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R7459598 STIPULATION (As To Tax Year_2017_ Actual Value) RE Pf:Tf ION OF : R7459598 NAME: R1)] I.LC AI71)IZ 1 iSS: 4450 Arapahoe Ave. 1110{1 Boulder, CO 80303 Petitioner and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2017 valuation of the subject property, and jointly move the Board of -Equalization to enter its order based on this Stipulation. Petitioner and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: PT NW4 17-7-[i7 LOT I3 REC:-I 895 2. The subject property is classified as Residential property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2017: 'Fatal $796,944 4. After further review and negotiation, Petitioner and Weld County Assessor agree to the following tax year 2017 actual value for the subject property; Total 5774,499 5. The valuation, as established above, shall be binding only with respect to tax year 2017. 6, Brief narrative as to why the reduction was made: Adjusted value upon inspection of parcel. 7. Both' parties agree that: QA hearing has not yet been scheduled before the Board of Equalization. Error! Reference source not found. a 4 �::. - "."der=v...e.ac :`'�' , st; ,r7;�r' 7�-,�;s,.,�r-..,�,i.-z,.,*.,,,.�-�.�T�..-.,,.,.��. ?� �ry�..�-_s ��• i�'��.'a:�.:.::i�.is`--S.`�au `'""?°T'�'�h�"L� �::L...:s�t�:=�'"�.s�-.s_��..e��.,,.�s.:rs:i:....:a�:_< ;::n1�-��"`''•'�r„-.� �� DATED this 20 day of July, 2017, Petitioner(s) or Agent or Attorney Address: elm (Assistan County Attorney Respondent, Weld County Bo Corrimissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone ` Teiephone:(970) 336-7235 Docket Number Stip-1 .Frm Error! Reference source not found. ,• County Ass'Cssor .' Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 L'4'.." r:.-".'ti'��+.1T�`::, .:�� ci [ Sew.: •=.�'�`-... �....-u':i'...�:..L..'''.=�� s I. �'s n c- w' ` { �r , < fir. From: To: Subject: Date: Attachments: veld-cboe@weldgov.com CTB-County Board of Equalization Board of Equalization Appeal Submitted Monday, July 10, 2017 12:09:35 PM PT NW4 17-7-67 LOT B PLV.pdf PT NW4 17-7-67 LOT A PLV.pdf Appeal Submitted: 12:09 PM on Monday July 10, 2017 Contact Information Supplied: • Contact Name: RDJ LLC • Contact Email: don@goulartiaw.com • Contact Phone: (720) 254 - 3816 • Email Preference: Contact through email Property: R7459598 - 7200 E HIGHWAY 14 , WELD Legal: PT NW4 17-7-67 LOT B REC EXEMPT RE -1895 (PINE LAKE TRAILER PARK) Estimated Value: $520,075 Reason: The Property is used for raising livestock and has been erroneously re-classified from AG Land and AG Buildings to Vacant Land. Value of the Property is Over Market Value and unequal compared with other agricultural properties. See Attached Documents. R7459498 - Legal: PT NW4 17-7-67 LOT A REC EXEMPT RE -1895 (7POND) Estimated Value: $53.00 Reason: The Property is used for raising livestock and has been erroneously re-classified from AG Land to Vacant Land. The Value of the Property is Over Market Value and unequal compared with other agricultural properties. See Attached Documents Documents 1.) PT NW4 17-7-67 LOT B PLV.pdf 2.) PT NW4 17-7-67 LOT A PLV.pdf You have selected the following Date Preferences: July 27, 2017, at 10:30 a.m.. - 12:00 p.m. July 26, 2017, at 3:00 p.m. - 4:30 p.m. July 27, 2017, at 2:30 p.m. - 4:00 p.m. July 31, 2017, at 3:00 p.m. - 4:30 p.m, Re: PT NW4 17-7-67 LOT B REC EXEMPT RE -1895 (PINE LAKE TRAILER PARK Estimate of Property's value as of June 30, • Vacant Land $0.00 • Residential $510,000 • AG Land $212 • AG Buildings $9,863 Total $520,075 Basis for my estimate of value or my for reason protesting • Value of the property isover market value Value is unequal compared with other ro ertie p P s • Property is used for raising goats and selling fleece e and silk. Property Summary. Lot B is a 21- acre parcel located in Weld. County, 8.2 miles east of Ft. Collins, Colorado (the "Property). Site improvements include gates. . The PropertyP fences and is characterized by gently rolling terrain that slopes the east and south. The elevation ranges towards between 5,060 and 5,080 feet, and there is no ground that is steeper than 20% slope. Property Land Use. The current owners combination purchased the property in 2007, Lot B is a mobile home park and farmland. The mobile home park • p k itself is about 6.7 acres and contains approximately 30 mobile homes and supporting infrastructure such as utilities, access roads and farmland. Directly to the east of the mobile home park is one separate maintenance building and storage facilities for the Park. Directly west of the mobile home park is a fenced off containing storage area containing portable sheds. While the mobile home will remain, the adjoining . has now beengroomed and agricultural land prepared for raising a variety of goats. Goat Farming. There are two species of goats that will be raised over the next two years on the Property with a potential third species to be added in the future. The first two species are identified as follows: • Angora Goats. Angoras are raised for their thick fleece. They are medium sized goats having long thick coats also known as mohair. While they have a Turkish background, the Colorado climate suits them well. • Pygora Goats, Pygora goats is a cross breed of Pygmy and Angora raised to produce fine fiber, pygoras have three different kinds kinds of fleece categorized according to their characteristics. o Type A: The fleece is Angora dominant having almost 6 inch of fiber. The biber of the fleece is lustrous and mohair . o Type B: The fleece is a blend of Pygmy and Angora which gives fleece both kinds of fiber: cashmere and mohair. T he fiber is slightly curled and 3-4 inches long. o Type C: The fleece is Pymy dominated which makes fleece cashmere type. The fleece is dull, matted and is 1-3 inches long. Usually pygoras produce up to 6 pounds of fleece per shear and shorn twice a they can be year. It remains to be seen whether the third species Pcanbe added to the goat farm for various reasons. Notwithstanding, the third species is identified P as: • Silk Goats. Silk Goats are now bred in the United States. We have consulted with a successful past Silk Goat farmer out of Loveland and have determined that Silk goats may be a welcome addition to our o• at livestock. vestack. Silk Goats produce a type of silk that has medical benefits including artificial tendons. The owners constructing of the Property are currently exploring the option of bringing farm. Silk Goats to the Property History. Prior to 2013, the Property was farmed by Dick Satterfield. Dick When passed away, it was determined by the current owners to raise goats on their agricultural land instead of continuing with farm crops. In 2013-2014 this owners of the Property consulted with • certain experts and it was determined that noxious weeds werepresent on the property. Noxious weedfs observed on the property include cheatgrass, Canada thistle (Orsium Qt`ve1?S'e), l ea fy spurge (Euphorbia esula) and Russsian Olve (Elaeczgrus a usti olla f ). It was further determined by the experts that the noxious weeds on the Property prior to bringing p needed to be eradicated ng ng goats onto the Property. While fencing is a priority to contain the goats, it was determined to forgo the remaining fencing (which is currently 80% complete) until the noxious weeds could be destroyed. In 2014 the owners followed management recommendations and • - additional utilized add�tianal weed management resources for the noxious weeds. In early 2015 the owners saw a decrease in the abundance of the noxious weeds and continued management recommendations to accommodate rnm+date the corning goat In 2016 the owners saw a further decrease in the abundance of noxious weeds on the property and, under management recommendations, mendations, tilled the soil and lanted native grass which has been determined to be �P prime and reoccurring feed for the goats. Presently, after 3 years of preparation, the land d is ready to accept the goats. The last fencing is currently being installed and it is anticipated pated that the goats will have a new home on the Property within the next 2 months. Shelter for the goat will also be constructed this summer. s Soil Types on the Property for goat farming: . The Current owners of the Property believe the land will be able to produce enough grass s feed to support a goat farm. Soil types at the Property were identified on the Web Soil Survey (2009).. A discussion of soil types is provided below. The � • indicated � rf distribution of these soil types is on the Soil Type Map (the a attached "Map") hereto as Exhibit 1. As shown on the Map, the soil on Lot A consists of the following: 47 Olney fine sandy loam 1 to 3 percent slope.is • p This soil derived from mixed deposit outwash and is typically found on the l p► sins. This soil is well drained a available water capacity is moderate. These soils ar e Prime Farmland and in a normal year produce 935 pounds of vegetation � per acre per years. 64 Thealund loam 1 to 3 percent slope. This soil '• is derived from residuum weathered from shale and is typically found on the la' are well drained p ins. Thedalund soils and available water capacity is low. These soils are Farmland of Local Importance and in a normal year produce 990 pounds of vegetation per acre per year. 65 Thedalund loam 3 to 9 percent slope. This soil is derived • p from resifuum fu u n7 weathered and is typically found on the plains. it is well drained and the available water capacity is low. This soil can pounds 880 o P u nds of vegetation per acre in a normal year. Re: PT NW4 17-7-67 LOT A REC EXEMPT RE -1895 (PINE LAKE TRAILER PARK) Estimate of Property's value as of June 30, 2O16: $53,88 Basis for my estimate of value or my reason for protesting • Value of the property is over market value • Value is unequal compared with other properties • Property is used for raising goats and selling fleece and silk. Property Summary. Lot A is a 14.04 - acre parcel located 8.2 miles east of Ft. ry Collins, in weld County, Coun , Colorado (the `Property). Site improvements include fences and gates. The Property is characterized by gently rolling terrain that slopes towards the east and south. The elevation ranges between 5,060 and 5,080 feet, and there is no ground that is steeper than 20% slope. Property Land Use. The current owners purchased the property in 2007. While it used as farmland, at present, the property has now been groomed and was formerly prepared for raising a variety of goats. There are two species of goats that will be raised over the next two years with a P' potential third species to be added in the future. The first two species are identified as follows: • Angora Goats. Angoras are raised for their thick fleece. They are medium sized goats having long thick coats also known as mohair. While they have a Turkish background, the Colorado climate suits them well. • Goats. Pygora goats is a cross breed of Pygmy and Angora raised to Pygora �gmri�ed pr oduce fine fiber. Pygoras have three different kinds of fleece categ according to their characteristics. o Type A: The fleece is Angora dominant having almost 6 inch of fiber. The biber of the fleece is lustrous and mohair. Type B: The fleece is a blend of Pygmy and Angora which gives fleece both kinds of fiber: cashmere and mohair. The fiber is slightly curled and 3-4 inches long. Type C: The fleece is Pymy dominated which makes fleece cashmere type. The fleece is dull, matted and is 1-3 inches long. Usually pygoras produce upto 6 pounds of fleece per shear and they can be shorn twice a year. it remains to be seen whether the third species can be added to the goat farm for various reasons. Notwithstanding, the third species is identified as: 4b Silk Goats. Silk Goats are now bred in the United States. We have consulted with a successful past Silk Goat farmer out of Loveland and have determined that Silk goats may be a welcome addition to our goat livestock. Silk Goats produce a type of silk that has medical benefits including constructing artificial tendons. The owners of the Property are currently exploring the option of bringing Silk Goats to the farm. Property History. Prior to 2013, the Property was farmed by Dick Satterfield. When Dick passed away, it was determined by the current owners to raise goats on their agricultural land instead of continuing with farm crops. In 2013-2014 this owners of the Property consulted with certain experts and it was determined that noxious weeds were present on the property. Noxious weedfs observed on the roe include cheatgrass, Canada thistle (C!rsiurn arvense), leafy property � spurge (Euphorbia esula) and Russsian Dlve (Elaeagrus angusti olia). It was further determined by the experts that the noxious weeds on the Property needed to be eradicated prior to bringing goats onto the Property. While fencing is a priority to contain the goats, it was determined to forgo the remaining fencing (which is currently SO% complete) until the noxious weeds could be destroyed. In 2014 the owners followed management recommendations and utilized additional weed management resources for the noxious weeds. In early 2015 the owners saw a decrease in the abundance of the noxious weeds and continued management recommendations to accommodate the coming goat livestock. In 2016 the owners saw a further decrease in the abundance of noxious weeds on the and, under management recommendations, tilled the soil and planted property native grass which has been determined to be a prime and reoccurring feed for goats. Presently, after 3 years of preparation, the land is ready to accept the goats. The last of the fencing is currently being installed and it is anticipated that the goats will have a new home on the Property within the next 2 months. Shelter for the goats will also be constructed this summer. Soil Types on the Property for goat farming: The Current owners of the Property believe the land will be able to produce enough grass feed to support a goat farm. Soil types Property at the Pro erty were identified on the Web Soil Survey (2009). A discussion of soil types is provided below. The distribution of these soil types is indicated on the Soil Type Map (the "Map") attached hereto as Exhibit 1. As shown on the Map, the soil on Lot A consists of the following: 47 Olney fine sandy loam 1 to 3 percent slope. This soil is derived from mixed deposit outwash and is typically found on the plains. This soil is well drained a available water capacity is moderate. These soils are Prime Farmland and in a normal year produce 935 pounds of vegetation per acre per years. 64 Thealund loam 1 to 3 percent slope. This soil is derived from residuum weathered from shale and is typically found on the plains. Thedalund soils are well drained and available water capacity is low. These soils are Farmland of Local Importance and in a normal year produce 990 pounds of vegetation per acre per year. 65 Thedalund loam 3 to 9 percent slope. This soil is derived from resifuum weathered and is typically found on the plains. It is well drained and the available water capacity is low. 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