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Home My WebLink About10-14-2024 - Special Study Session Agenda Packet SPECIAL STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO October 14, 2024 Immediately following City Council Meeting that starts at 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on October 14, 2024) 3. Virtually attend and participate in the meeting through a device or phone: • Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on October 14, 2024) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. Public Comment on Agenda Items 1. Sale of Excess City Property at 38th Avenue and Johnson Street 2. Staff Report(s) 3. Elected Officials’ Report(s) Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: October 5, 2024 (for October 14th special study session) SUBJECT: Sale of Excess City Property at 38th Avenue and Johnson Street ISSUE: The City has been approached by Kyle and Erin Ballew for a proposed retail development, DOP’s Sweet Spot, at the southwest corner of 38th Avenue and Johnson Street. The 0.5-acre parcel is owned by the City of Wheat Ridge and was rezoned to Planned Commercial Development in 2008. Permitted uses on the subject property include any land use allowed in the City’s Restricted Commercial zone district. This proposed retail use would be a permitted use. Section 16.5 of the City Charter states that “The City shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council. Unanimous approval of the entire city council, by ordinance, shall be necessary for sale or disposition of designated park land.” FINANCIAL IMPACT: The parcel is 0.5 acres in size and the appraised price in 2018 was $450,000. An updated appraisal would be warranted if City Council chooses to move forward with a sale of this property. The land that is now Discovery Park, including this parcel in question, was purchased with the City’s attributable share of Open Space Funds and Jefferson County Bond Funds. Jefferson County Open Space does not have a financial interest in the property due to the removal of the open space reverter on this portion of the park property. The original purchase price for the entire 8-acre site that is now Discovery Park, including the undeveloped area under discussion for sale, was $1,245,500. The Parks Division has identified this parcel as a remnant piece of land with no desire to develop at any time. All proceeds from the sale of the property are required to be placed in the Open Space Fund 32 for park and recreation purposes due to the fact that open space funds were used to originally purchase the property. BACKGROUND: Kyle and Erin Ballew, Wheat Ridge residents, have approached the City with a retail development proposal for the City owned property at the southwest corner of 38th Avenue and Johnson Street. DOP’s Sweet Spot would serve sno-balls along with other treats such as ice cream and donuts. The building would have several service windows and a bathroom for patrons but no indoor seating. Covered outdoor seating as well as games for all ages (i.e. giant Jenga, jumbo Lego blocks, cornhole, connect four, etc.) green space, bike racks and bistro lights, to provide ambiance, would all be provided. The subject property is zoned Planned Commercial Development (PCD) and more specifically is part of the 38th and Kipling PCD. This zoning was approved by City Council in 2008 for the City-owned land including Discovery Park and the subject parcel. The zoning establishes one set of standards for the park and a different set of standards for the subject parcel. The 2008 case file indicates that the future use of the subject parcel was unknown, so the zoning was written to provide flexibility allowing overflow parking (for the park or for the adjacent Applewood Café) or a fully independently development site. While the ODP allows only park uses in Discovery Park, the ODP expanded permitted uses for the subject parcel to include any land use allowed in City’s Restricted Commercial (RC) zone district. Based on the ODP and the RC zone district, permitted uses on the subject property include a limited range of neighborhood-oriented businesses, including office, personal services, eating establishments, and retail limited to 5,000 square feet in size. The proposed DOP’s Sweet Spot business would be a permitted use. Because of the PCD zoning, any development on the subject parcel requires the submittal and review of a Specific Development Plan and a single public hearing before the Planning Commission. As was noted above, this parcel in question was rezoned to PCD in 2008 with allows uses aligned with the Restrict Commercial zone district. However, the 2016 Parks and Recreation Master Plan (Attachment 3) still identifies this parcel as park land, which staff believes was an oversight due to the following reasons: 1. On August 25, 2008, City Council approved Ordinance No. 1417 rezoning this property to PCD. The ODP included a condition that up to 36,000 sq. ft. of the northern portion of the site may be used for commercial uses as allowed in the RC zone district. 2. On August 25, 2008, City Council approved Resolution No. 47 supporting the disposal of this parcel for future commercial use. 3. The Discovery Park Master Plan approved in 2008 illustrates this parcel of park property is reserved for future commercial development. 4. On September 28, 2009, City Council approved Resolution No. 48 supporting Jefferson County Open Space to proceed with the relocation of the open space reverter on this parcel to the Baugh House property. Due to these actions, staff believes this parcel is no longer designated park land and approval of only three-fourths of the entire City Council is required to sell this property. FURTHER DIRECTION REQUESTED 1. Does City Council support this development proposal? 2. Does City Council support staff working with Kyle and Erin Ballew on a Purchase and Sale Agreement for this parcel? ATTACHMENTS 1. DOP’s Vision and Mood Board 2. DOP’s Proposed Site Plan 3. Wheat Ridge Parks Map ATTACHMENT 1 Growing up in New Orleans, sno-balls were a staple of childhood. Although there are several sno-ball “stands” around New Orleans (as it is a quintessenƟal part of the city), there is one specifically that holds a special place in my heart. Throughout grade school I would walk past our neighborhood stand, that’s been there since 1959, every day on my way to school. AŌer school all of the students would head over to grab a rainbow snowball or chocolate dipped soŌ serve ice cream cone and play on the cut tree rounds they had as seaƟng. The grade school would take field trips there, girl/boy scout groups would go aŌer meeƟngs, every evening there were groups of families coming to grab a treat aŌer soŌball or soccer games let out…it was a community gathering spot and you were sure to see someone you knew there! The owner of the stand knew all of the neighborhood kids and when I started high school I was thrilled to be able to work at the stand, which I did unƟl I leŌ for college. Even in college I would go by when back visiƟng family and get my favorite sno-ball, Cherry Sip (think chocolate covered cherry) topped with condensed milk. Now, as an adult with children of my own I love that I can share these delicious treats and the community experience with my kids. We walk to the stand almost daily when in New Orleans visiƟng the grandparents and my kids love it just as much as I did growing up. Unfortunately, when we return to Colorado and my kids say “I want a sno-ball” there really isn’t anything like the stands in New Orleans, both because of the atmosphere, the finely shaved snow-like ice and the in- credible flavors. We are beyond excited at the opportunity to build a community gathering spot at DOP’s Sweet Spot (DOP is what our kids call their Grandpa) in the neighborhood that we live in and to bring our childhood memories to young and old Wheat Ridge residents. Our vision for DOP’s is to have a vintage and eclecƟc style building and decor, again bringing in the unique feel of New Orleans. The building will have several service windows and a bathroom for patrons but no indoor seaƟng. There will be covered outdoor seaƟng as well as games for all ages (ie. Giant jenga, Jumbo lego blocks for forts, Cornhole, Con- nect four), green space, bike racks and bistro lights to provide ambiance but not pollute the neighborhood. We oŌen dine at Apple Ridge Café and appreciate what they offer the neighborhood so we feel that our establishment would compliment the Café being that there are not dessert opƟons on their menu. We believe this site is the perfect fit for DOP’s, not only located next to Discovery Park but also being just blocks from Wheat Ridge high school, EveriƩ middle school and Prospect Valley elementary school (where our son goes). The site is also a great layout with the exisƟng on- site parking lot that will be uƟlized to exceed city standards. We hope that many residents will walk/bike to DOP’s to grab a treat, socialize and enjoy the outdoor space. ATTACHMENT 2 AT T A C H M E N T 3