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HomeMy WebLinkAboutStudy Session Agenda Packet 07-15-19 STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO July 15, 2019 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. Citizen Comment on Agenda Items 1. Intergovernmental Agreement with Urban Renewal Authority 2. Extended Stay Lodging Regulations 3. Lodging Facility Licensing Program 4. Staff Report(s) 5. Elected Officials’ Report(s) ADJOURNMENT Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Steve Art, Executive Director – Renewal Wheat Ridge DATE: July 10, 2019 (for July 15, 2019 City Council study session) SUBJECT: IGA with Renewal Wheat Ridge ISSUE: An Intergovernmental Agreement (IGA) entered into between the City and Renewal Wheat Ridge (RWR), in order to establish the rights and responsibilities of the City and RWR with respect to (1) operational assistance and (2) funding for urban renewal activities, expires on December 31, 2019. RWR is requesting that City Council extend the IGA for a five-year term through December 31, 2024. PRIOR ACTION: The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981, which provided for the utilization of property and sales tax increment in the commercial area east of Wadsworth Boulevard, between West 38th Avenue and West 44th Avenue. The property tax increment expired in 2006, after 25 years. Through an IGA between the City and RWR, signed on June 26, 2006, 50% of the sales tax increment from the Wheat Ridge Town Center Project, not to exceed $100,000 in any fiscal year, was shared with RWR to and including December 31, 2008. An amendment to the IGA in October 2007 removed the $100,000 annual cap and extended the agreement to and including December 31, 2014. In September, 2011 the City Council approved a resolution increasing the sharing of sales tax increment to RWR from 50% to 100% through December 31, 2014. On November 14, 2014 an IGA was approved setting the sales tax share to RWR to a flat $300,000 annually through December 31, 2019. FINANCIAL IMPACT: If an extension to the IGA is approved, the annual impact to the General Fund budget will be $300,000 through December 31, 2024. Item No. 1 2 BACKGROUND: Urban renewal is governed by Title 32, Article 1, Part 1, et. seq., Colorado Revised Statutes which provides the powers of an urban renewal authority. The Wheat Ridge City Council formed the Wheat Ridge Urban Renewal Authority, dba Renewal Wheat Ridge (RWR), in 1981 to remediate blight throughout specific areas of the City. Currently, five urban renewal areas exist throughout the City. City Council approved a plan for each area that provides financing mechanisms, including the use of property and sales tax increment and the ability to bond, for specific urban renewal activities within each plan area. In December 2015, City Council adopted resolutions approving substantial modifications to all five urban renewal plans to allow for the utilization of tax increment financing (TIF). State urban renewal law allows for the collection of tax increment for a period of up to twenty-five years. The following five urban renewal plans (date adopted) are currently active: 1. 38th Avenue Corridor Redevelopment Plan (2001) 2. Wadsworth Boulevard Corridor Redevelopment Plan (2001) 3. West 44th Avenue Ward Road Redevelopment Plan (2001) 4. I-70/Kipling Corridors Urban Renewal Plan (2009) 5. West End 38 Urban Renewal Plan (2015) Note: Wheat Ridge Town Center Urban Renewal Plan expired in 2006 after 25 years RECOMMENDED ACTION: The attached draft IGA establishes the following elements for the future relationship between the City and RWR: 1. Funding will be provided by the City to RWR for the purposes of urban renewal activities in the amount of $300,000 annually for 5-years. This is the same amount which has been obligated for the previous 5-years and will provide an opportunity for RWR to invest and remediate blighting conditions. 2. The term of the Agreement shall commence on January 1, 2020 and shall continue to and including December 31, 2024. Staff is requesting a consensus to move this item forward to City Council for approval at a future meeting. ATTACHMENTS: 1. RWR Resolution 12-2019 Exhibit A: Intergovernmental Agreement (IGA) 2. RWR Activities 3. URA Area Map ATTACHMENT 1 URA ACTIVITIES 38th Avenue Corridor Redevelopment Plan • Wheat Ridge Cyclery expansion – RWR provided property and sales tax TIF in the amount of $264,000. The obligation was satisfied in 2013. RWR continues to receive 100% of the property tax increment through 2032. • Perrin’s Row – RWR provided a $467,000 TIF incentive to Crosswire Investments, the owner of the parcel. The TIF was provided for the delivery of finished lots to the merchant builder. Perrin’s Row was completed in 2015 that added 26 townhomes in Wheat Ridge. RWR has made three annual payments toward the debt servicing. To date, RWR has paid just over $58,600 of the 20-year obligation. Wadsworth Boulevard Corridor Redevelopment Plan • Corners at Wheat Ridge – RWR entered into a TIF and Public Improvement Fee (PIF) agreement with the master developer to provide $6.2MM in TIF. The revenues are generated by 100% of the property tax increment and 1 cent of the local sales tax and a 1 percent PIF. The activity consists of a Lucky’s Market and approximately 40,000 sq. ft. of additional retails and a 321 unit market-rate apartment. • Ridge House Apartments – Ridge House Apartments are the final development in the Town Center North subdivision. RWR is providing TIF in the amount of just over $3.5MM to be paid through property tax increment generated by this activity. No payments have been made to date. • Traffic Signal at 44th Avenue and Vance Street – RWR used excess revenues from its General Fund to have a traffic signal purchased and installed at the corner serving the Town Center Apartments. West 44th Avenue Ward Road Redevelopment Plan None I-70/Kipling Corridors Urban Renewal Plan • Kipling Ridge Shopping Center – Located at the southwest corner of 38th and Kipling, the center includes Sprouts, Starbucks, Morningstar Memory Care, and a future retail building. The City provided a total incentive package of $3,000,000 of which $2MM was financed by RWR through a bank loan and $1MM was contributed through General Fund reserves. The bank loan is for a period of 12-years serviced by property and sales tax increment generated by this project. • Hacienda Colorado – RWR provided TIF assistance for the development of a Hacienda Colorado Restaurant in the Applewood Shopping Center in the amount of $1,015,000 of which $100,000 was funded up front and the remainder to be funded by property and sales tax generated by the restaurant. No payments have been made to date. • Swiss Flower and Gift Cottage – RWR provided a TIF of just over $767,000 for the development of a new retail and light industrial office complex at the corner of 44th ATTACHMENT 2 Avenue and Jellison Street. The new retail was completed in 2018 and the light industrial is under a phase II development with an unknown completion date. The TIF is funded by property and sales tax generated by this project. • Clear Creek Crossing – RWR provided $5MM in TIF to the Clear Creek Crossing development. The financial incentive was financed by a bank loan and debt payments will be serviced by the property tax increment generated by the project. • Access agreement with Circle K – The Circle K development was required to combine parking access between its site and the dentist office directly to the north. Circle K had not budgeted for this item and the new development was threatened to be cancelled if additional financing could not be identified. Using excess revenues from the Kipling Ridge center, a $36,000 obligation was made to Circle K to make the improvement aligning the entrances to the Kipling Ridge center with this development • Traffic Signal at 32nd and Xenon – The City identified the need for a traffic signal at the 32nd Avenue entrance to the Applewood Shopping Center. The City did not have enough funds in its CIP to fund the signal. RWR, using excess revenues from the Kipling Ridge center fund approximately 1/3 of the cost of purchase and installation of the signal. West End 38 Urban Renewal Plan • West End 38 – RWR provided a $4.8MM TIF toward the development of 165 market- rate apartments and just over 7,000 sq. ft. of retail along 38th Avenue at Upham Street. The project is currently under construction and anticipated to open in late fall 2019. No payments have been made to date. • Sanitation Sewer Line on 44th Avenue – RWR assisted with the upgrade of the sanitary sewer line along 44th Avenue to serve West End 38 and also the new townhomes that will be constructed on Upham Street. Wheat Ridge Town Center Urban Renewal Plan • Town Center Park – RWR provided TIF for the construction of the Town Center Park, located between the Safeway and Big Lots shopping centers. The funds were derived from the TIF generated by the centers. Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community ¯City of Wheat Ridge, Colorado7500 West 29th AvenueWheat Ridge, CO 80033-8001303.234.5900 Urban Re ne wal Are as 0 2,100 4,2001,050 Feet Coordinate System:NAD 1983 HARN StatePlane Colorado Central FIPS 0502 FeetProjection: Lambert Conformal ConicDatum: North American 1983 HARN Path: G:\GIS\Projects\FY2018\Jan-Mar\FY0003_ADM_URAwebupdate\data\MXD\URA_20180105.mxd Date: 05/14/2019 Dis claime r:This is a pictorial re pre s e ntation of ge ographicand de mographic information. Re liance u ponthe accu racy, re liability and au thority of thisinformation is s ole ly re qu e s tor’s re s pons ibility.The City of Whe at Ridge , in Je ffe rs on Cou nty,Colorado - a political s u bdivis ion of the Stateof Colorado, has compile d for its u s e ce rtaincompu te rize d information. This information isavailable to as s is t in ide ntifying ge ne ral are asof conce rn only. The compu te rize d informationprovide d s hou ld only be re lie d u pon withcorroboration of the me thods , as s u mptions , andre s u lts by a qu alifie d inde pe nde nt s ou rce . Theu s e r of this information s hall inde mnify and holdfre e the City of Whe at Ridge from any and allliabilitie s , damage s , laws u its , and cau s e s of actionthat re s u lt as a cons e qu e nce of his re liance oninformation provide d he re in. URA Name West End 38 38th AVE 44th Ward RD I-70 Kipling Corridor Wadsworth Corridor 26thAVE 38thAVE 44thAVE 52ndAVE She r i d a n B L V D Wad s w o r t h B L V D Kipl i n g S T Tabo r S T 29thAVE ATTACHMENT 3 Memorandum TO: Mayor and City Council FROM: Kenneth Johnstone, Director of Community Development THROUGH: Patrick Goff, City Manager DATE: July 8, 2019 (for July 15, 2019 City Council study session) SUBJECT: Extended Stay Lodging regulations ISSUE: Municipal Code is currently silent to the topic of extended stay lodging facilities, except in the City’s Mixed-Use (MU) zoning districts, where they are a permitted use.. Hotels/motels are regulated in the Code and are defined as follows: “A building containing 16 or more transient guest rooms in which lodging for compensation is provided, with or without meals.” The code is silent to what constitutes “transient.” Hotels/motels are a special use in Commercial-One, Commercial-Two and Industrial/Employment zone districts. Some cities differentiate a traditional hotel/motel from extended stay lodging and may prohibit one or the other in certain districts or further regulate them in certain manners. BACKGROUND: The City has several hotels throughout the City, with a cluster of them located around the I-70/Kipling corridor. The City collects lodger’s tax for all hotel/motel rooms and a portion of those revenues are dedicated to code enforcement and police department activities in and around the City’s hotels/motels. Historically, the City has experienced higher demands for police and code enforcement service calls in and around hotels/motels. As part of the City’s hotel/motel code enforcement program, every hotel/motel room is inspected on an annual basis. Those inspections typically include several staff members: community services offices, uniformed police, building inspectors and fire inspectors. In staff’s observations during said inspections, it is apparent that many of the hotels/motels are occupied by individuals and in some cases families who are using these facilities as a more permanent housing solution. In some cases this results in public safety concerns related to excessive occupancy levels, the inadequacy of cooking facilities and excessive storage, impacting egress. The potential to define and regulate extended stay lodging has been on City Council’s list of potential regulatory changes for some time. With that in mind, the City Attorney’s office has done research of various options for City Council to consider to further regulate this land use. Further regulating extended stay lodging and distinguishing it from more typical transient occupancy of a standard hotel/motel room has some potential advantages, such as: •Ensuring that if extended stay lodging were to be allowed in certain areas, that such Item No. 2 Extended Stay Lodging July 15, 2019 Page 2 facilities have adequate design considerations, such as cooking/cleaning facilities designed for longer term stays, proper room size, potential for certain common area elements that are common in most high quality extended stay lodging facilities elsewhere in the metro area and across the country. • Giving the City enforcement tools to ensure that existing hotels/motels in the City, which are not generally designed for extended stays no longer be permitted to operate in such a manner. It would also have some likely impacts that should be given ample consideration. • As previously noted, certain individuals and in some cases families are currently using existing hotels/motels as longer terms housing solutions, in some cases because they may have few other options. If the City were to prohibit certain hotels/motels from continuing to operate in this manner that would have impacts on those individuals. • Existing hotel/motel owners and operators may have their business models impacted by such a regulatory approach. RECOMMENDATIONS: These staff recommendations build off the research and analysis provided in the attached memo from the City’s Attorney’s office. 1. Definition of Extended Stay Lodging As a starting point to creating any regulations about or prohibitions against extended stay lodging facilities, this type of facility would need to be defined. Staff recommends a definition similar to the following: “A transient lodging establishment designed to provide accommodations for longer term stays by including additional common area amenities and in-room cooking facilities beyond what might be provided in a standard hotel/motel establishment.” In so defining the use, the City could then either choose to prohibit them in some or all zoning districts. Question: Does City Council want to define and allow extended stay lodging in some capacity? If Council’s desire is to allow them, the next three overall questions are: 1) which zoning districts to allow them in; 2) how to regulate the physical and operational characteristics; and 3) how to treat existing hotels/motels that are not currently constructed, registered or approved as extended stay lodging, but may be operating with longer term guests Question: In which zoning districts should they be allowed? Based on existing code, staff recommends a special use in C-1, C-2 and a conditional use in all mixed use zoning districts. Extended Stay Lodging July 15, 2019 Page 3 2. Physical and Operational Characteristics and Duration of Stay Staff recommends limiting the duration of occupancy to a maximum of 30 consecutive days in extended stay lodging units. This aligns with adopted Building Codes; occupancies longer than 30 days are no longer considered transient and must meet residential building codes. Additionally, it would be appropriate to limit the maximum number of days over a longer time period, such as a maximum of 120 days in any calendar year, to avoid people circumventing the intent of the 30 consecutive day requirement. Lastly, to distinguish extended stay from hotels/motels, it would be necessary to limit the maximum duration of stay in these units to a period of less than 30 days. Question: Does Council support the proposed 30 and 120 day duration of stay recommendations discussed above? Would Council support limiting the duration of occupancy for traditional hotel/motel rooms to 10 days? 3. In-Room Characteristics Staff recommends requiring certain in room characteristics to make extended stay lodging more appropriate/habitable for longer term occupancies, such as the following: • Minimum size for entire unit • Minimum size for living room • Minimum kitchen/cooking facilities (fridge, cooktop, dedicated sink, cabinets with cooking/dining supplies) • Maximum sleeping occupancy per room/unit • Prohibition of storing personal possessions on exterior balconies, interior corridors or in a manner that prohibits adequate movement and ingress/egress within the unit • Available daily housekeeping Question: Does Council support the general framework proposed above for establishing minimum in-room characteristics for extended stay lodging? 4. Common Area Characteristics Staff recommends requiring certain common area amenities that make extended stay lodging establishments more attractive and of higher quality for longer-term occupants, such as the following: • 24-hour front desk staffing • Prohibition of storage of any personal possessions within shared common areas of building and/or site • Require a business center of a certain size • Require a fitness center of a certain size • Require a heated swimming pool of a certain size • Require in-room or common area laundry facilities • Require meeting areas/conference rooms • Require on-site restaurant options • It could be a certain number of the above amenities, or others that an operator might propose as part of the City review process, could suffice, in lieu of providing all of them Extended Stay Lodging July 15, 2019 Page 4 Question: Does Council support the general framework proposed above for establishing minimum common area characteristics for extended stay lodging? 5. Existing Hotels/Motels As previously noted, some existing hotels/motels are likely being occupied by persons or families for periods of longer than 30 days, which would then become illegal uses under this regulatory environment. In addition to the likely duration of stay violations, many existing establishments likely do not have either the in-room or common area requirements staff has recommended. Staff would presume that Council may want to provide a grace period of some sort for the benefit of both the occupants and business owners to comply with this new regulatory environment. Question: Would Council like to provide a grace period for existing hotels/motels to comply with the new extended stay lodging regulations? If so, how long? An additional option would be to allow existing hotels/motels to be allowed to transition a portion of their rooms to extended stay lodging (still would only be up to 30 day occupancy, and assuming that recommendation is supported by City Council), provided they bring the property in compliance with some or all of the physical/operational characteristics discussed previously. Question: Would City Council support allowing existing hotels/motels to maintain a small portion of their rooms for extended stay lodging, provided they met a minimum threshold number of the in-room and common area characteristics being required for extended stay lodging? 6. Exceptions The City Attorney’s memo has suggested some potential “exceptions” for occupancies of longer than 30 days for certain persons or families in crisis and receiving temporary housing assistance from a governmental, charitable or insurance agency, as well for a resident, on-site manager. Staff supports these as well, but we see some challenges managing the business exceptions. Question: Would City Council support allowing some exceptions to the maximum 30 day occupancy rule? If so, would this exemption apply to only extended stay lodging rooms or general hotel/motel rooms as well? 7. Next Steps Given the complexity of the subject matter, staff suggests an additional study session would be appropriate once an ordinance has been drafted. Also, given the impacts on existing businesses in the City, staff suggests that some form of public outreach to the existing hotels/motels would be important. Staff also recommends reaching out to hotel/motel operators outside of the City who run extended stay lodging, to gather input on how well our draft regulations align with their business models. Extended Stay Lodging July 15, 2019 Page 5 Question: Would City Council want that public outreach to occur prior to or after Council has an opportunity to look at a draft ordinance? ATTACHMENTS: 1. Extended Stay Lodging Memo from Nina Williams and Jerry Dahl 2. Summary data and crime data for all existing Wheat Ridge hotels/motels MEMORANDUM TO: Mayor Bud Starker and Wheat Ridge City Councilmembers FROM: Nina P. Williams, Gerald E. Dahl DATE: June 17, 2019 RE: Extended Stay Lodging Options Options for an Extended Stay Lodging Ordinance - Definitions: o “An establishment that provides temporary lodging used only for transient occupancy in units of one or more rooms which may contain a bathroom and kitchen with limited cooking facilities, and in which daily housekeeping services and 24-hour front desk services shall be available.” o Where a person stays in same hotel, motel or establishment for longer than X days o The long-term habitation in facilities not designed for long-term residential living o The duration of occupancy is calculated based upon the number of nights in the establishment as a whole, not the number of nights of occupancy of a single room - Prohibit (or significantly limit) extended stay lodging within City? - Exceptions to prohibition (or limitation) can include:  Families in crisis receiving temporary housing assistance from a governmental, charitable or insurance agency  A relocation service as part of a business relocation  A specific business entity for a business purpose which requires extended temporary occupancy  Written contract between hotel/motel for on-site resident manager or employee to live at the hotel/motel - Limit duration? o Not permitted for more than 59 days in a calendar year o Not permitted for over 180 days in a year o No longer than 29 days in a 60-day period o No longer than 90 consecutive days in one visit o No longer than 120 days in a consecutive 150-day period o No time limitation, but if over 30-60 days, require additional amenities - Require amenities within extended stay lodging facilities, such as: o Minimum square footage for the unit o Minimum square footage for a living room o Kitchen separate from sanitary facilities equipped with a full-sized refrigerator and built-in cook-top or stove unit ATTACHMENT 1  Hot plates, griddles, microwaves or similar devices should not be considered cooking appliances for this purpose o Two sinks – one for cooking and one for the lavatory o Adequate natural lighting o Adequate ventilation o Adequate living and storage space o Business center o Fitness center - Additional restrictions and requirements can include: o No more than 20-30% of available rooms within an establishment are permitted for extended stay o The units available for long-term occupancy must be designated for such use on a building floor plan o No more than 2 occupants per bedroom o Prohibit storage of personal items outdoors, on porches or balconies, or in common areas of the hotel or motel o Prohibit storage other than occupant’s personal or business belongings within unit o Units cannot be converted into a multi-unit or multi-family dwelling, or to any other form of permanent residence o Report extended stay lodging to the city monthly at the same time the establishment reports lodging tax information o Owner of establishment must maintain list of occupants of each unit o Require guest register, with name of occupant, signature, and room number, which is open to inspection of any guest or police or public officer of City 1 Affordable Inns Address 10300 I-70 Service Road S Ownership JMK Management Inc PO Box 98 Dillon, CO 80435 Purchase Date 5/14/2015 Year of Construction 1987 No. of Rooms 113 No. of Parking Spaces 121 Size of Property 112,646 sq ft / 2.586 acres Improvement to land value ratio 3.89 Current Zoning/Status Commercial-One (C-1) The property is nonconforming in terms of use. A hotel was a permitted use in C-1 in 1987 but now requires a Special Use Permit (SUP). Per Section 26- 114.H, it may continue to exist, but any expansion, addition, or site modification requires an SUP. Property History 1984 – Property is rezoned from Agricultural-One (A-1) to C-1 at the request of the property owner at the time (Motel 6), Case No. WZ-84-26 1987 – Hotel is constructed 1993 – Building permit to remodel interior, valued at $23,000 1998 – Building permit to remodel interior, valued at $260,000 2009 – Building permits to replace roof (total valued at $90,000), remodel building façade ($16,000), and add canopy over entrance ($14,000) 2017 – Building permit to replace roof, valued at $160,000 Vicinity map Photo ATTACHMENT 2 City of Wheat Ridge Motel Summary 2 American Motel Address 10101 I-70 Frontage Rd N Ownership MJB Motels LLC 3737 S Elizabeth St 103 Independence, MO 64057 Purchase Date 1/10/2005 Year of Construction 1975 No. of Rooms 138 No. of Parking Spaces 222 Size of Property 254,259 sq ft / 5.837 acres Improvement to land value ratio 0.70 Current Zoning/Status Commercial-One (C-1) The property is nonconforming in terms of use. A hotel was a permitted use in C-1 in 1975 but now requires a Special Use Permit (SUP). Per Section 26- 114.H, it may continue to exist, but any expansion, addition, or site modification requires an SUP. Property History 1975 – Hotel is constructed, approval of sign code variance (Case No. WA- 75-18) 1978 – Property is rezoned from Residential-Two (R-2) to C-1 at the request of the property owner at the time (Ramada Inn) (Case No. WZ-78-115) 1991 – Approval of SUP to allow semi-tractor parking spaces (Case No. SUP- 90-07) 2009 – Building permit for exterior repairs (balconies, handrails, etc.), valued at $58,000 2017 – Building permit to replace roof, valued at $440,000 Vicinity map Photo 3 Best Interstate Inn Address 4735 Kipling St Ownership Annie’s Place Motel 1 LLC 4735 Kipling St Wheat Ridge, CO 80033 Purchase Date 5/26/2016 Year of Construction 1971 No. of Rooms 100 No. of Parking Spaces 109 Size of Property 137,040 sq ft / 3.15 acres Improvement to land value ratio 1.50 Current Zoning/Status Commercial-One (C-1) The property is nonconforming in terms of use. A hotel was a permitted use in C-1 in 1971 but now requires a Special Use Permit (SUP). Per Section 26- 114.H, it may continue to exist, but any expansion, addition, or site modification requires an SUP. Property History 1971 – Hotel is constructed, request for a sign code variance is denied (Case No. WA-71-24) 1995 – Building permit to replace sign, valued at $9,500 2001 – Building permits for repairs related to fire damage in one of the rooms, total valued at $10,000 2003 – Building permits to replace roof, total valued at $25,500 2011 – Building permit for repairs related to fire damage in one of the rooms, total valued at $4,000 2017 – Building permit to replace roof, valued at $57,000 Vicinity map Photo 4 Comfort Inn Address 10200 I-70 Service Rd S Ownership B & L Motels Inc 10874 Nieman Rd Overland Park, KS 66210 Purchase Date 9/21/2000 Year of Construction 2001 No. of Rooms 65 No. of Parking Spaces 69 Size of Property 76,491 sq ft / 1.756 acres Improvement to land value ratio 3.50 Current Zoning/Status Commercial-One (C-1) The property is nonconforming in terms of use. A hotel was a permitted use in C-1 until 2001 but now requires a Special Use Permit (SUP). Per Section 26-114.H, it may continue to exist, but any expansion, addition, or site modification requires an SUP. Property History 2001 – Hotel is constructed 2009 – Building permit to replace roof, valued at $44,000 2017 – Building permit to replace roof, valued at $53,000 2018 – Building permit to replace signs, valued at $18,000 Vicinity map Photo 5 Holiday Inn Express Address 10101 I-70 Service Rd S Ownership Sherman Wheat Ridge LLC Terrapin Wheat Ridge LLC 601 Rio Grande Pl Ste 117 Aspen, CO 81611 Purchase Date 6/8/2018 Year of Construction 1984 No. of Rooms 103 No. of Parking Spaces 115 Size of Property 115,782 sq ft / 2.658 acres Improvement to land value ratio 5.83 Current Zoning/Status Commercial-One (C-1) The property is conforming in terms of use. Case No. SUP-04-06 allowed for the expansion of the then Super 8 Motel, with the conditions that the approved special use run with the land and the use remain consistent with the approved site plan. Property History 1983 – Denial of site plan to allow parking of semi-tractor trailers (Case No. SUP-83-06), approval of variance for front yard setback (Case No. WA-83- 14, and approval with conditions of site plan for Prime Rate Motel (Case No. WSP-83-02). 1984 – Hotel is constructed 2004 – Approval of Case No. SUP-04-06, bringing the use in to conformance. Building permit for a remodel to convert building from a Super 8 Motel to a Holiday Inn Express, valued at $1,000,000. 2005 – Building permit for 4 signs, valued at $15,000. Approval of variance for side yard setback (Case No. WA-05-10). 2013 – Building permit to remodel interior, valued at $288,000 Vicinity map Photo 6 Howard Johnson Address 12100 W 44th Ave Ownership LD Hospitality Inc 12100 W 44th Ave Wheat Ridge, CO 80033 Purchase Date 8/19/2013 Year of Construction 1985 No. of Rooms 108 No. of Parking Spaces 230 Size of Property 125,264 sq ft / 2.876 acres Improvement to land value ratio 1.30 Current Zoning/Status Commercial-One (C-1) The property is nonconforming in terms of use. A hotel was a permitted use in C-1 in 1985 but now requires a Special Use Permit (SUP). Per Section 26- 114.H, it may continue to exist, but any expansion, addition, or site modification requires an SUP. Property History 1984 – Approval of a variance to allow reduction in site area per unit allowance from 1000 sq.ft. to 976 sq.ft. (Case No. WA-84-24) 1985 – Approval of a temporary use permit to allow a temporary building (Case No. TUP-85-54) and approval of a variance to the side yard setback (Case No. WA-85-45). Hotel is constructed. 2000 –Approval of SUP to allow continued use of casino bus, shuttle, etc. pick-up (Case No. SUP-00-01). Related SUPS also approved in 2003 (Case No. SUP-03-06) and 2007 (Case No. SUP-07-04). 2010 – Approval of SUP with conditions for truck tractors and semi-trailers (Case No. SUP-10-01) 2017 – Building permit to repair water damage (interior), valued at $22,000 Vicinity map Photo 7 La Quinta Inn & Suites Address 3301 Youngfield Service Rd Ownership BRE LQ Properties LLC C/O La Quinta Corp 909 Hidden Ridge 600 Irving, TX 75038 Purchase Date 1/25/2006 Year of Construction 1985 No. of Rooms 129 No. of Parking Spaces 132 Size of Property 115,602 sq ft / 2.654 acres Improvement to land value ratio 3.67 Current Zoning/Status Planned Commercial Development (PCD) – 70 West Business Center The property is conforming based on approval of the 70 West Business Center PCD to allow for a hotel on the property, specifically a “La Quinta Motor Inn.” Property History 1974 – Approval of a rezone from R-1A and A-1 to 70 West Business Center PCD (Case No. WZ-74-18) 1984 – Approval of a combined preliminary and final development plan and plat for a La Quinta (Case No. WZ-84-11) 1985 – Hotel is constructed 1994 – Building permits to remodel interior and exterior, total valued at $214,000 1995 – Building permits to remodel interior, total valued at $404,000 2006 – Building permit to replace stairs, valued at $60,000 Vicinity map Photo 8 Motel 6 Address 9920 W 49th Ave Ownership G6 Hospitality Property LLC C/O Tax Dept PO Box 117508 Carrollton, TX 75011 Purchase Date 8/28/2012 Year of Construction 1980 No. of Rooms 91 No. of Parking Spaces 96 Size of Property 98,221 sq ft / 2.255 acres Improvement to land value ratio 1.91 Current Zoning/Status Commercial-One (C-1) The property is nonconforming in terms of use. A hotel was a permitted use in C-1 in 1980 but now requires a Special Use Permit (SUP). Per Section 26- 114.H, it may continue to exist, but any expansion, addition, or site modification requires an SUP. Property History 1980 – Hotel is constructed 1986 – Denial of SUP to allow tractor trailer parking spaces (Case No. SUP- 86-03) 1991 – Building permit for interior remodel, valued at $14,000 1999 – Building permit for interior remodel, valued at $168,000 1999 – Building permits to remodel manager’s apartment (valued at $47,000) and repave parking lot ($36,000) 2011 – Building permits for interior remodel, total valued at $68,000 2017 – Building permits to replace roof, total valued at $103,000 Vicinity map Photo 9 Super 8 Address 4700 Kipling St Ownership Denver West Lodging LLC 10 E 120th Ave Northglenn, CO 80233 Purchase Date 10/4/2018 Year of Construction 1972 No. of Rooms 121 No. of Parking Spaces 167 Size of Property 121,227 sq ft / 2.783 acres Improvement to land value ratio 2.13 Current Zoning/Status Commercial-One (C-1) The property is nonconforming in terms of use. A hotel was a permitted use in C-1 in 1972 but now requires a Special Use Permit (SUP). Per Section 26- 114.H, it may continue to exist, but any expansion, addition, or site modification requires an SUP. Property History 1972 – Hotel is constructed 1997 – Building permits to remodel interior (total valued at $32,000), add exterior elements ($13200) 1998 – Building permit to replace roof, valued at $20,500 2004 – Building permits to remodel interior due to fire damage (valued at $65,000) and to replace roof ($28,000) 2006 – Owner taken to municipal court by the City over issues in bringing the building to compliance. Building permit to construct breezeway, valued at $45,000. 2009 – Building permit to remodel interior, valued at $33,000 2016 – Building permit to renovate pool, valued at $18,000 Vicinity map Photo 10 Data Sources All data is as of June 2019, unless otherwise noted. Address Physical street address Ownership Owner name and mailing address per Jefferson County Assessor as of June 2019 Purchase Date Most recent transaction per Jefferson County Assessor Year of Construction Per Jefferson County Assessor No. of Rooms Per Jefferson County Assessor No. of Parking Spaces Estimated based on current aerials Size of Property Per Jefferson County Assessor Improvement to land value ratio This metric is the value of the improvements on a lot divided by the value of the land (with values coming from the Jefferson County Assessor’s records for the 2019 tax year). A value of 1.0 or less denotes where the value of the improvements on site is less than or equal to the value of the land. Current Zoning/Status Conformity status relative to land use and unit per square foot requirement Property History Abbreviated timeline of land use cases, construction, and major investments. Monetary values generally rounded to nearest thousand. 11 Overview Map La Quinta Inn & Suites Howard Johnson Super 8 Motel 6 American Motel Affordable Inns Holiday Inn Express Comfort Inn Best Interstate Inn N 12 Source: City of Wheat Ridge Police Department, 2019 From January 1, 2014 through December 31, 2017, there were 65,084 citizen-initiated calls for service (CFS) throughout the city; 4,858 of them (7.5%) were at hotels and motels. The American Motel and Best Interstate Inn were consistently in the top three hotels/motels with the most CFS per year. 100 84 177 192 305 437 414 372 220 178 198 192 31 34 44 58 35 41 48 8470 117 130 140 34 23 38 39 198 156 151 139 68 69 106 136 0 50 100 150 200 250 300 350 400 450 2014 2015 2016 2017 # o f C a l l s f o r S e r v i c e Year Citizen-Initiated Calls for Service, 2014-2017 Affordable Inns American Motel Best Interstate Comfort Inn Holiday Inn Express Howard Johnson La Quinta Inn Motel 6 Super 8 13 Source: City of Wheat Ridge Police Department, 2019 From January 1, 2015 through December 31, 2018, there were 53,379 case reports created for incidents throughout the city; 3,251 of them (6.1%) were at our hotels and motels. The American Motel and Best Interstate Inn were consistently in the top three hotels/motels with the most case reports per year. 54 107 102 44 359 383 263 240 143 150 110 96 17 28 29 1117 38 38 36 71 73 77 55 12 14 20 25 92 109 66 100 53 59 77 83 0 50 100 150 200 250 300 350 400 2015 2016 2017 2018 # o f C a s e R e p o r t s Year Case Reports at Hotels/Motels, 2015-2018 Affordable Inns American Motel Best Interstate Comfort Inn Holiday Inn Express Howard Johnson La Quinta Inn Motel 6 Super 8 14 Source: City of Wheat Ridge Police Department, 2019 From January 1, 2015 through December 31, 2018, there were 8,489 arrests (not including arrests made on Wheat Ridge warrants by other jurisdictions) throughout the city; 1,189 of those (14.0%) were at hotels and motels. The American Motel and Best Interstate Inn were consistently in the top three hotels/motels with the most arrests per year. 10 50 32 17 158 194 106 85 32 60 33 31 0 3 8 361113 8 22 25 14 10 1 2 3 6 32 48 13 192630 22 26 0 20 40 60 80 100 120 140 160 180 200 2015 2016 2017 2018 # o f A r r e s t s Year Arrests at Hotels/Motels, 2015-2018 Affordable Inns American Motel Best Interstate Comfort Inn Holiday Inn Express Howard Johnson La Quinta Inn Motel 6 Super 8 Memorandum TO: Mayor Bud Starker and City Council THROUGH: Patrick Goff, City Manager Daniel Brennan, Chief of Police FROM: Jim Lorentz, Division Chief Patrol Operations Division DATE: July 15, 2019 SUBJECT: Lodging Facility Licensing Program ISSUE Communities across the country, particular those that contain a major interstate highway, find that their police departments and city services employ a disproportionate amount of resources dealing with budget motels within their jurisdiction. The City of Wheat Ridge certainly faces this issue. Wheat Ridge has nine motels in its jurisdiction with a total of 972 rooms. Citizen calls for service (CFS) at these nine motels account for 7.5% of the total calls for service in the entire city of 14,616 households and 4,194 businesses. Staff believes that adopting a lodging facility licensing program would help in lowering police CFS at budget motels and make these locations safer for surrounding businesses and visitors to Wheat Ridge. Staff is seeking direction from City Council to pursue this strategy. BACKGROUND Police CFS at budget motels include unwanted parties, disturbances, welfare checks, theft, suspicious persons and vehicles, drug calls, domestic violence, assaults, motor vehicle thefts, and the list goes on. Unfortunately, it is easy for a small motel to slip into a spiral that will make it seedy and crime-ridden. Once a motel gains a troublesome reputation, it attracts a wide variety of criminal and transient elements that drive out legitimate business. The absence of legitimate businesses presents more opportunity for disorder, and soon a local police department has to deal with a larger area enveloped in different types of crime. The very nature of overnight lodging makes it conducive to crime and disorder. Motels and hotels house people only temporarily, often in commercial areas with high crime rates. Because budget motels offer low rates, accept cash, and often have a relatively unrestricted environment, certain elements of society with illicit or antisocial intentions find them particularly attractive. Drug sales, prostitution, loud parties, and other activities can often be undertaken at motels with less risk than at private residences. Motel guests have little motivation to report drug dealing and prostitution because they have no long-term stake in the motel. In addition, motel managers often Item No. 3 Staff Report: Lodging Facility Licensing Program July 15, 2019 Page 2 have a limited opportunity to get to know the backgrounds of the people on their premises. Finally, in municipalities that lack the resources to provide motel oversight, motel managers have little incentive to accept responsibility for problems or change their business practices. In general, the principles for effective strategies in lowering CFS at budget motels, as studied by the Center for Problem Oriented Policing, involve: 1) Extra police patrol and enforcement - While increased patrol and enforcement have a role in crime prevention, trying to “arrest” away the problem tends to be ineffective over time and is reactive in nature rather than proactive. The department has employed directed patrol enforcement efforts, which tend to displace the criminal, traffic and quality of life issues for a short period of time, and community policing efforts designed to target the concerns by lawful residents of a fear of crime. 2) Enlisting community support to address the problem - Changing the way motels do business requires support of elected officials, government agencies, and the community at large. Council has been supportive of programs and efforts, such as the Hotel/Motel Inspection program to address quality of life issues. In the past, these efforts have led to ownership re-investing in their properties to bring them into compliance with nuisance, building or fire code violations. 3) Obtaining cooperation from motel owners and managers – The department has offered a Crime Free Multi-Housing Program consisting of management training, Crime Prevention Through Environmental Design (CPTED), and Community Awareness Training. Some hotels have changed their business practices because of this training. Examples include going from a cash business model to credit card only, requiring identification, alerting the police to suspicious behavior, and reinvesting in their properties. 4) Establishing and enforcing minimum functionality and security standards – As mentioned previously, the City of Wheat Ridge Hotel/Motel Inspections Program has helped maintain minimum standards but has not addressed the CFS the department receives at these locations. 5) Adopt Extended Stay Lodging Regulations – According to a number of sources, motels that allow extended stay options without regulation tend to have more CFS, crime and disorder. Community Development Director Ken Johnstone will address this strategy in his Staff Report. 6) Adopt Lodging Facility Licensing - This strategy is based on a calls-for-service-per-room (CSF/room) ratio allowing for a standardized comparison of problem levels across motels of different sizes. A number of communities throughout the United States, including the City of Lakewood, have adopted ordinances based on this strategy. The City of Wheat Ridge has employed the first four strategies listed above for several years with limited participation and success and are recommending in a separate staff report extended stay lodging regulations. The ideal solution to the issues surrounding budget motels would be to get them to adopt best business practices that reduce crime, disorder and quality of life issues, Staff Report: Lodging Facility Licensing Program July 15, 2019 Page 2 and reinvest in their properties. RECOMMENDATIONS Staff believes that adopting a lodging facility licensing program would help in lowering police CFS at budget motels and make these locations safer for surrounding businesses and visitors to Wheat Ridge. Staff is seeking direction from City Council to pursue this strategy. If Council wishes to proceed with the development of a licensing ordinance, the Police Department will begin the process of educating hotels and motels in Wheat Ridge about this pending change. ATTACHMENTS 1) Lodging Facility Licenses – Nina Williams and Jerry Dahl 2) City of Lakewood Staff Memo – Lodging Facility License, dated February 11, 2019 3) City of Lakewood Lodging Facility License Code MEMORANDUM TO: Mayor Bud Starker and Wheat Ridge City Councilmembers FROM: Nina P. Williams, Gerald E. Dahl DATE: June 17, 2019 RE: Lodging Facility Licenses Options for a Lodging Licensing Ordinance - Require every lodging facility in City to get licensed - Give 90 days after adoption of ordinance to apply for lodging license - For the first year, lodging facilities that have over X calls for service per room for the previous 12 months (based upon data provide by Police Department) must meet with PD to discuss measures to mediate criminal activity - After first year, at renewal, if the calls for service ratio is over X calls for service, lodging facility goes in front of a hearing and license can be revoked/suspended/on probation - If a “significant criminal act” occurs at the lodging facility, the City does not need to wait a year, the license may be revoked/suspended o Defined as an “act that causes serious bodily injury or death”  Eg: police officer who got severely injured at scene - License may also be revoked/suspended if there are: o Orders from County Health Dept or Fire Dept which are 60 days past cure date o Delinquent taxes o Operation of the lodging facility has negatively impacted the health, safety or welfare of the guests, residents or businesses of the neighboring community o Applicant knowingly made a false application on the application o The calls for service ratio is at or above X per room for any 12 month period - “Calls for Service” includes, but is not limited to, any and all calls to law enforcement that result in a representative being dispatched or directed to the lodging facility. Does not include traffic citations. o Also includes:  Call to emergency services that results in a response by a law enforcement representative to the lodging facility  Any police-initiated call for service to the lodging facility that results in a criminal report ATTACHMENT 1  Any call to emergency services or police-initiated call for service within the lodging facility’s surrounding neighborhood regarding activity that results in a criminal report, when such activity is associated with lodging facility staff and/or lodging facility guests and/or visitors - Other municipalities have used the following “calls for service” ratio: o 1.2  Indianapolis, Indiana  Columbus Ohio o 1.89  Lakewood, CO o Wheat Ridge Police Department has data to calculate appropriate ratio - Follow City’s general business licensing procedures when considering revocation or suspension of a lodging facility license o Also consider putting license on probation, with specific conditions, for the rest of the year - Additional possible requirements/conditions for lodging facilities: o Require a valid credit card for check-in o Facility required to hire, at hotel’s expense, off-duty police officer overnight o Facility must install security measures and surveillance equipment February 11, 2019 DATE OF MEETING: February 11, 2019 AGENDA ITEM NO._________ To: Mayor and City Council From: Daniel McCasky, Police Chief, 303-987-7171 Subject: LODGING FACILITY LICENSE SUMMARY STATEMENT: A working group was formed to review escalating criminal activity at Lakewood hotels and motels and to make recommendations as to how the occurrences of criminal activity can be reduced. BACKGROUND INFORMATION: Staff was asked to look at solutions to address the inordinate number of calls for service concerning crime and disorder occurring at various hotels and motels located in the City of Lakewood. A working group comprised of members of the Lakewood Police Department and the City Attorney’s Office was formed. The working group looked to other jurisdictions for examples of how to regulate establishments that have a substantial amount of criminal activity. Ultimately, the committee decided to propose a lodging facility license. Under the proposed ordinance, all existing and new hotels and motels must apply for a lodging facility license through the City Clerk’s Office within 90 days of enactment. The City Clerk will have the authority to administratively approve or deny a license application. Grounds for denial of a license are stated in the proposed ordinance. If the City Clerk denies a license, the applicant will have the opportunity to request an appeal hearing with the Lodging Facility Licensing Authority (“Authority”). All licenses will be valid for one year. The City Clerk will have the authority to administratively approve and issue license renewals. If the City Clerk fails to approve a renewal application, the applicant will have the opportunity to request an appeal hearing with the Authority. A license may be suspended or revoked, after a hearing with the Authority, if the Authority finds any of the following: • the lodging facility has outstanding orders from the Jefferson County Department of Health; • the lodging facility has outstanding orders from West Metro Fire; • the calls for service ratio is at or above 1.89 per room for any twelve month period; • a significant criminal act has occurred on the lodging facility’s premises; STAFF MEMO ATTACHMENT 2 February 11, 2019 • the operation of the lodging facility has negatively impacted the health, safety and/or welfare of its guests, or the residents or businesses of the neighboring community; • the lodging facility is delinquent to the City for any taxes imposed; • the lodging facility fails to conform to City zoning requirements; • the applicant knowingly made a false statement on the application; or • the applicant has had a lodging facility license revoked or suspended within five years prior to the application. The Authority will adopt sanction guidelines for use if a licensee is found to be in violation of any of the above items. The proposed sanction guidelines are modeled from information the Lakewood Police Department has learned concerning best practices to reduce criminal activity at hotels and motels. BUDGETARY IMPACTS: A member of the City Clerk’s Office will review and process license applications. The City Clerk’s Office will hire a hearing officer(s) to conduct hearings of the Lodging Facility Licensing Authority. Members of the Lakewood Police Department’s Crime Analyst Unit will spend approximately 260 hours per year reviewing calls for service, at an estimated rate of $37.00 per hour. Members of the Lakewood Police Department’s Community Action Team will spend approximately 1040 hours per year conducting inspections, educating hotel and motel operators on best practices, and other tasks as needed, at an estimated rate of $43.00 per hour. The estimated cost for Lakewood Police Department Personnel is $54,000.00. To help off-set some of these costs, there will be an initial application and license fee of $750 and an annual license renewal fee of $400. STAFF RECOMMENDATIONS: Staff recommends that the City of Lakewood adopt the proposed Lodging Facility License Ordinance. ALTERNATIVES: Few options exist to address the concerns expressed by City Council regarding criminal activity at hotel and motel businesses. A review of current City of Lakewood Municipal Code nuisance ordinances found they do not address the types of activity that occur at these establishments which cause the significant use of Lakewood Police Department resources. Contact with other jurisdictions with a lodging license has indicated a stand-alone ordinance is much more efficient and effective in deterring criminal activity at these establishments. PUBLIC OUTREACH: On November 1, 2018, the Lakewood Police Department hosted a meeting for Lakewood hotel and motel owners and operators. Approximately 22 people attended the meeting, with 18 businesses represented. Members of the Lakewood Police Department presented information on the lodging facility license, gave attendees a copy of the draft lodging facility license, and provided an opportunity for attendees to ask questions about the proposed license. Feedback from the meeting was considered by the committee. Approximately one week after the meeting, an email was sent to attendees with answers to various questions and information about best practices for hotels and motels. ATTACHMENTS: Redlined Lodging Facility License Ordinance February 11, 2019 Lodging Facility License Ordinance Sanction Guidelines Questions from lodging facility owners and answers provided Information regarding lodging facility “best practices” Questions from City Council and answers Links to information regarding lodging licenses in other jurisdictions REVIEWED BY: Kathleen E. Hodgson, City Manager Benjamin B. Goldstein, Deputy City Manager Timothy P. Cox, City Attorney 1 Chapter 5.55 Lodging Facility License Sections: 5.55.010 Definitions 5.55.020 License required; Licensing Authority Established 5.55.030 Application for New License 5.55.040 Application Fee 5.55.050 Investigation 5.55.060 Decision – New Applications; Appeal 5.55.070 Hearings 5.55.080 License Revocation, Suspension or Nonrenewal 5.55.090 Manager; Change 5.55.100 Transferability; Change of ownership 5.55.110 License renewal 5.55.120 Severability 5.55.010 Definitions. As used in this chapter, the following terms are defined as follows: A. “Authority” means the Lodging Facility Licensing Authority of the City. B. “Calls for service” (CFS) means and includes, but is not limited to, any and all calls to law enforcement that result in a representative being dispatched or directed to the lodging facility. 1. Calls for service includes: a. A call to emergency services that results in a response by a law enforcement representative to the lodging facility. b. Any police-initiated call for service to the lodging facility that results in a criminal report. c. Any call to emergency services or police-initiated call for service within the lodging facility’s surrounding neighborhood regarding activity that results in a criminal report, when such activity is associated with lodging facility staff and/or lodging facility guests and/or visitors. 2. Calls for service shall not include traffic citations in which the lodging facility property address is used as the location of violation. C. “Calls for service ratio” means the number of calls for service divided by the number of rooms in service at the lodging facility. ATTACHMENT 3 2 D. “Police Chief” shall mean the chief of police of the Lakewood Police Department. E. “City Clerk” means the City Clerk or his or her designee. F. “Inspector” means a member of the Lakewood Police Department. G. “Investigator” means a member of the Lakewood Police Department. H. “License” means the license required pursuant to this chapter. I. “Licensee” means the individual or entity to which a license is granted under this chapter. J. “Lodging facility” means a hotel, motel, motor hotel, inn, lodging house or other similar facility that: (i) has lodging rooms; (ii) is located within any commercial or mixed use zone district in the city; and (iii) accommodates one or more guests under any rental agreement, concession, permit, right of access, license to use or other agreement, whether written or verbal, where the rental period of any lodging room is less than thirty (30) consecutive days. K. “Lodging room” means and includes any room, guestroom or sleeping accommodation that accommodates one or more guests. L. “LPD” means the Lakewood Police Department. M. “Manager” means the person who manages, directs, supervises, oversees and administers the acts and transactions of, and the acts of employees of, a lodging facility. N. “Owner” means any person that is the record owner of real property as listed with the Jefferson County, Colorado Assessor upon which a lodging facility is located. “Owner” shall also mean any part owner, joint owner or lessor of the whole or part of the land or buildings situated on such real property. O. “Operator” means any person who is the proprietor of a lodging facility, whether in the capacity of owner, lessee, receiver, sublessee, franchisee, manager or mortgagee in possession thereof, or agent of any aforementioned, who offers and accepts payment for any lodging rooms, or board and lodging, and retains the right of access to, and control of, the lodging facility or lodging room. P. “Person” means an individual, firm, association, partnership, company, sole proprietorship, corporation or similar entity. 3 Q. “Significant criminal act” means an act or acts that causes serious bodily injury or death to any person or an act or acts that requires a law enforcement specialized unit or tactical response team. 5.55.020 License required; Licensing Authority Established. A. It is unlawful for any person to maintain or operate a lodging facility without first obtaining a license from the City Clerk’s Office. B. All lodging facilities existing within the City upon the effective date of this ordinance shall apply for a license within ninety (90) days of the effective date of this ordinance. All lodging facilities existing within the City upon the effective date of this ordinance that have, based on data provided by the Lakewood Police Department, 1.89 or more calls for service per room for the previous twelve (12) month period shall meet with representatives from the LPD to discuss measures to mitigate criminal activity occurring on the lodging facility’s premises. Such meeting shall occur before a lodging facility license is granted. C. Lodging Facility Licensing Authority (hereinafter, the “Authority”) shall have and is vested with the authority to grant or deny licenses; conduct investigations; and suspend or revoke licenses for cause. D. The Authority shall consist of a Hearing Officer chosen by the City Clerk. E. The Authority may adopt reasonable fines, rules and regulations, in conformity with applicable statutes, ordinances and the City’s home rule charter, governing its internal operations and for carrying out the provisions of this chapter. F. The City Clerk shall serve as the official secretary of the Authority, may attend the meetings of the Authority and shall be responsible for posting and/or publishing all public notices. 5.55.030 Application for New License. A. All applicants for a license shall file an application for a license with the City Clerk on forms provided by the City Clerk. B. The City Clerk shall accept no application that is not complete in every detail. If any application is deposited with the City Clerk and found, upon examination, to contain any omission or error, it shall be returned to the applicant for completion and correction without further action by the Clerk or Authority. All licenses granted shall be valid for a period of one (1) year from the date of issuance unless revoked or suspended for cause. No application shall be deemed complete unless accompanied by the following: 1. If the applicant is: 4 a. An individual, the individual shall state his or her legal name and any aliases; b. A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the statutes of the State of Colorado, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the State of Colorado, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process; d. A limited liability company, the company shall state its complete name, the date of its formation, evidence that the company is in good standing under the statutes of the State of Colorado, or in the case of a foreign company, evidence that it is currently authorized to do business in the State of Colorado, the name of the manager, and the name of the registered agent and the address of the registered office for service of process. 2. One or more statements as to whether: a. The applicant or any other individual listed pursuant to subsection B(1) of this Section has: i. Previously operated, is currently operating, or has been employed at a lodging facility; ii. Had a previous lodging facility license under this Chapter, or other lodging facility license ordinances, resolutions or other regulations from another city or county, denied, suspended or revoked, or declared a public nuisance, including the name and location of the business for which the license was denied, suspended, revoked, or declared a public nuisance, as well as the date of the denial, suspension, revocation or declaration as a public nuisance. b. The applicant or any other individuals listed pursuant to Subsection B(1) of this Section has been a partner in a partnership or an officer or director of a corporation or manager of a limited liability company of a business whose lodging facility license has previously been denied, suspended, revoked, or declared a public nuisance including the name and location of the business for which the license was denied, suspended, revoked, or 5 declared a public nuisance as well as the date of the denial, suspension, revocation, or declaration as a public nuisance. c. The applicant or any other individual listed pursuant to Subsection B(1) of this Section holds any other licenses under this Chapter or other similar lodging facility license ordinances from another city or county and, if so, the names and locations of such other licensed businesses; 3. The location of the proposed lodging facility, including a legal description of the property, street address and telephone number; 4. Proof of the applicant’s right to possession of the premises wherein the lodging facility will be; 5. The applicant’s mailing address and residential address; 6. The applicant’s social security number and/or federally issued tax identification number; 7. A floor plan of the lodging facility that specifies the number of rooms contained in the lodging facility. The floor plan need not be professionally prepared; 8. Evidence from the City that the proposed location complies with all requirements of the zoning ordinance; 9. Payment in full of City license and application fees. 5.55.040 Application Fee. The City shall impose fees, adopted by City Council resolution, necessary to defray the costs of processing the documentation of the activities of lodging facilities as allowed by law including, but not limited to, fees for a new license and renewal of a license. 5.55.050 Investigation. A. Such individual(s) as the Police Chief may designate shall be the Inspector, who shall perform the inspection duties set forth in this Chapter and such other duties as the Police Chief may reasonably direct. Prior to any lodging license being approved, denied, suspended or renewed, the Inspector may inspect the premises for conformance with all applicable laws and all orders from the Authority. B. The City Clerk may cause to be conducted any other investigation deemed necessary by the City Clerk to determine the application’s conformance with any 6 requirement of this Chapter, including, but not limited to, investigation of the proposed lodging facility’s conformance with the Lakewood Zoning Ordinance or other applicable laws. C. Any reports of the results of any investigation conducted by any City department shall be delivered by the respective departments or officials to the City Clerk. Not less than ten (10) business days prior to the date of the hearing, if any, on the application, the City Clerk shall mail the report of findings based on the investigation to the applicant and, upon request, to other interested parties. 5.55.060 Decision – New Applications; Appeal. A. An application with a completed investigation shall be administratively approved or denied by the City Clerk within thirty (30) days of the date of the filing of the complete application. The City Clerk shall deny a license application if: 1. The application or any City investigation demonstrates or establishes that the proposed lodging facility fails to conform to any requirement of this Chapter, the Lakewood Zoning Ordinance, Lakewood Subdivision Ordinance, or other applicable law; 2. The applicant knowingly made a false statement or knowingly gave false information in connection with the application; 3. The individual applicant, or a director or officer of a corporation, partner of a partnership, manager of a limited liability company or manager of the lodging facility, has had a lodging facility license revoked or suspended within five (5) years prior to the application; 4. The individual applicant, or a director or officer of a corporation, partner of a partnership, manager of a limited liability company or manager of the lodging facility, has operated a lodging facility that was determined at any time to be a public nuisance. B. If the application is based upon the sale of an existing lodging facility, and if the existing lodging facility’s CFS ratio is at or above 1.89 calls for service per room or the lodging facility has other compliance issues, the applicant must provide, as a prerequisite to being granted a license, a remedial plan to reduce the CFS ratio or resolve the other compliance issues. The applicant must reduce the CFS ratio or resolve the issues within 180 days after license is issued or be subject to license suspension or revocation. C. In the event the City Clerk approves a license application, the City Clerk shall make a written finding that the application conforms to the requirements of this Chapter based on the information available and the investigation performed by 7 the City. The City Clerk may make additional findings as deemed necessary to identify the City Clerk’s basis for approval. D. In the event the City Clerk denies a license application, the City Clerk shall prepare written findings of fact stating the reasons or basis for the denial. The City Clerk shall, within ten (10) days after the date of the City Clerk’s denial, send a copy of the City Clerk’s findings by certified mail, return receipt requested, to the address of the applicant. E. In the event the City Clerk denies a license application, the applicant shall have the right to request a public hearing before the Authority. The applicant shall, within ten (10) days of the date of the mailing of the City Clerk’s written findings and denial of the license application, make a written request to the City Clerk for a hearing. The hearing shall be conducted within thirty (30) days of the City Clerk’s receipt of the written request for a hearing unless a later date is requested by the applicant in writing. If the applicant fails to request a public hearing within the allotted time, the City Clerk’s decision to deny a license application shall become final. 5.55.070 Hearings. A. Notice. When the Authority issues an order to show cause why a license should not be suspended or revoked, the Authority shall give the licensee reasonable advance notice of the time and place of the hearing, nature thereof, the authority and jurisdiction under which it is to be held and the violation(s) alleged in the complaint. The City Clerk shall mail such notice to the licensee by first-class mail and shall cause the notice to be served personally on the licensee at its last known address. At least ten (10) days prior to the hearing, the City Clerk shall prepare and post the licensed premises with a sign that contains notice of the hearing date, time and location. B. Hearing Procedure. The Authority shall establish procedures for all hearings in conformity with the laws of the state and ordinances and resolutions of the City. C. Subpoenas. 1. The Lakewood City Attorney’s Office and the applicant shall have the power to issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of any hearing the Authority is authorized to conduct. It is unlawful for any person to fail to comply with any such properly issued subpoena. 2. Subpoenas shall be served in accordance with the Colorado Rules of Civil Procedure. 8 3. Upon failure of any witness to comply with such subpoena, the Lakewood City Attorney’s Office may petition any judge of the Lakewood Municipal Court, setting forth that due notice had been given of the time and place of attendance of the witness and that service of the subpoena was proper, and requesting the court, after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify, or to produce books, records or other evidence, under penalty of punishment for contempt in the event of willful failure to comply with such order. D. Oaths. The City Clerk shall have the power to administer oaths. E. Continuance. The Authority may continue the hearing to a date certain as may be required to gather necessary facts and evidence and to permit witnesses to testify. F. Decision. The Authority shall render a written decision and order no later than thirty (30) days after the conclusion of the show cause hearing. G. Appeals. The Authority’s order shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure § 106(a)(4). 5.55.080 License Revocation, Suspension or Nonrenewal. A. The Authority may suspend, revoke or not renew a license upon a finding of one or more of the following: 1. The lodging facility has outstanding official orders from the Jefferson County Department of Health; 2. The lodging facility has outstanding official orders from West Metro Fire; 3. The calls for service ratio is at or above 1.89 or more calls for service per room for the previous twelve (12) month period; 4. A significant criminal act has occurred on the lodging facility’s premises; 5. The operation of the lodging facility is such that it is or has negatively impacted the health, safety and/or welfare of its guests or the residents or businesses of the neighboring community; 6. The lodging facility is delinquent to the City for any taxes imposed pursuant to Lakewood Municipal Code Chapter 3.01 or 3.03; 7. An investigation performed by the City demonstrates or establishes that the lodging facility fails to conform to any requirement of this Chapter, the 9 Lakewood Zoning Ordinance, Lakewood Subdivision Regulations, or other applicable law; 8. The applicant knowingly made a false statement or knowingly gave false information in connection with the application; 9. The City Clerk determines that the individual applicant, or a director or officer of a corporation, partner of a partnership, manager of a limited liability company or manager of the lodging facility, has had a lodging facility license revoked or suspended within five (5) years prior to the application; 10. The City Clerk determines that the individual applicant or a director or officer of a corporation, partner of a partnership, or manager of a limited liability company or manager of the lodging facility has operated a lodging facility that was determined to be a public nuisance. B. If the Authority finds a licensee to be in violation of 5.55.070(A)(3), and if it is the licensee’s first violation, the Authority shall place the licensee on a twelve (12) month probationary period. The Authority shall impose mandatory restrictions on the licensee to help reduce criminal activity at the lodging facility. 5.55.090 Manager; Change. A. A registered manager shall be on the premises of a lodging facility at all times. A lodging facility may have more than one registered manager. It is unlawful for any person to work as a manager of a lodging facility without first registering with the City Clerk. B. In the event a licensee changes the manager of a lodging facility, the licensee shall immediately report such change and register the new manager, on forms provided by the City Clerk, within thirty (30) days of such change. 5.55.100 Transferability; Change of ownership. A. No license under this Chapter shall be transferable to another person or any other group acting as a unit. B. No license under this Chapter shall be transferred to another hotel name or franchise, or hotel location or building. 5.55.110 License renewal. All license renewal applications shall be submitted to the City Clerk on the prescribed forms no later than forty-five (45) days prior to the date upon which the license expires, except that the City Clerk, for good cause, may waive the time requirement set forth herein. The forms shall be accompanied by all required fees and 10 such additional materials as the City Clerk deems necessary. The City Clerk shall accept no renewal application that is not complete in every way. The City Clerk shall not grant any renewal unless the licensee has paid all applicable fees. The City Clerk may administratively approve and issue all license renewals. In the event the City Clerk fails to approve a renewal application, it shall be set for a public hearing before the Authority. 5.55.120 Severability Should any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or application thereof to any person or circumstance be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Chapter, or its application to any other person or circumstance, and to this end, the provisions of this Chapter are declared to be severable.