350 and 355 Ponca Place Second Reading Memo

Regular Meeting, September 17, 2026 · item 4G: Second reading and consideration of a motion to adopt Ordinance 8756 vacating and authorizing the City Manager to execute a deed of vacation… · 8 pages

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City of Boulder City Council Agenda Item Meeting Date: September 17, 2026 Agenda Title Second reading and consideration of a motion to adopt Ordinance 8756 vacating and authorizing the City Manager to execute a deed of vacation for Ponca Place right-of-way generally located adjacent to 350 and 355 Ponca Pl. (LUR2026-00006)

Staff Contact   •

Brad Mueller, Planning & Development Services (P&DS) Director Mark Garcia, Civil Engineering Senior Manager Julie DeFoe, City Planner/Revocable Lease Administrator

Draft Motion Language Motion to adopt Ordinance 8756 vacating and authorizing the City Manager to execute a Deed of Vacation for Ponca Place right-of-way generally located adjacent to 350 and 355 Ponca Pl. (LUR2026-00006).

Executive Summary The purpose of this item is for City Council to consider the vacation of the Ponca Place right-of-way located adjacent to 350 and 355 Ponca Pl. Ponca Place right-of-way was dedicated as part of the Frasier Meadows Subdivison Plat for public use in 1958. The public use of Ponca Place will be maintained by the redesign of Ponca Place, the reservation of a utility easement and a new public access easement. The vacation is requested for the proposed redevelopment and establishment of a joint campus

between Mountain View United Methodist Church (MVUMC) and Frasier Meadows Retirement Community (Frasier) (refer to companion Site Review application LUR202500056). Vacation of the right-of-way would allow for redesign of the streetscape to include enhanced paving and landscaping, bio-retention planters, the ability to use the streetscape for community events/gatherings and the ability to have greater control over snow removal and maintenance during the winter months, which is a key consideration for Frasier and MVUMC. Planning Board approved the site review on August 25, 2026, and the site review was not called up by City Council on September 3, 2026. A public right-of-way can only be vacated by ordinance with City Council approval. Refer to Attachment A for the draft ordinance and Attachment B for the draft deed of vacation. On September 3, 2026, City Council approved the first reading of Ordinance 8756.

Council Action Options Option

Outcome

Approve the application

If the application is approved by City Council motion, the right-of-way will be vacated, and the property will be transferred per the executed Deed of Vacation.

Approve the application with additional conditions

Council would need to draft any modifications to the draft motion language and approval based on the criteria for review.

Deny the application

If the application is denied by City Council motion, the right-of-way will remain in ownership of the city, and the proposed development may not move forward, as the current design has a building planned for a portion of Ponca Place.

Background Property Description & Site Context The right-of-way proposed to be vacated is located at 350 and 355 Ponca Pl. Refer to Figure 1 below.

Figure 1: Vicinity Map The right-of way in Figure 2, dedicated in 1958, would be vacated and redesigned as a private drive that better aligns with the goals and policies of the Boulder Valley Comprehensive Plan (BVCP). The proposed vacation would allow for the redevelopment and establishment of a joint campus between Frasier and MVUMC while maintaining public access through the site via a new public access easement.

Figure 2: Proposed Area of Vacation

Application Description Application LUR2026-00006 is a request for the vacation of 29,335 square feet (.67 acres) of right-of-way located at 350 and 355 Ponca Pl.

Application History Notification was sent to the Planning Board on August 25, 2026, in conformance with Section 79 of the Boulder City Charter. At the same meeting, the Planning Board voted 5-2 to approve the companion Site Review application with conditions as recommended by staff and with two additional conditions as amended by Planning Board. The staff memorandum to Planning Board, recorded video, and the applicant’s submittal materials, along with other related background materials and written public comments, are available in the Records Archives for Planning Board. The recorded video from the meeting can be found here: August 25, 2026 Planning Board Hearing. The 30-day call up period for the Site Review application concludes on September 24, 2026. At its September 3, 2026, meeting, City Council did not call up the Site Review application, and council approved the first reading of Ordinance 8756.

Public Comment All notice requirements of Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, have been met. Public notice of this proposed vacation was sent to property owners within 600 feet of the project on February 18, 2026. Public comments received on the proposed vacation are included in Attachment C. The comments received were in opposition to the vacation and noted concerns of reduced neighborhood access, increased congestion, loss of parking and loss of egress options in emergent situations.

Criteria for Review Applicable Boulder Revised Code Sections The application is subject to Section 8-6-9, “Vacation of Public Rights-of-Way and Public Access Easement,” B.R.C. 1981, and Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981.

Analysis This right-of-way was dedicated to the City of Boulder and recorded in the records of the Boulder County Clerk and Recorder at Reception No. (90)617410 on August 26, 1958. As such, the subject right-of-way must be vacated by an ordinance approved by City Council. In order for the subject right-of-way to be vacated, council must conclude that the criteria under Subsection 8-6-9(c), B.R.C. 1981, are met. Staff has reviewed this vacation request and concluded that the criteria have been met as follows: (1) The applicant must demonstrate that the public purpose for which an easement or right-of-way was originally acquired or dedicated is no longer valid or necessary for public use; The public use for the .67 acres of proposed right-of-way vacation will be continued in the redesign of Ponca Place and the reservation of a utility easement over a portion of the right-of-way. As a condition of approval for the companion Site Review application (LUR2025-00056), the applicant is required to provide a public access easement over the new private drive, which will ensure continued public access for cars, bikes and pedestrians and a connection through the neighborhood. The public and private utilities located in the proposed vacation area have been or are in the process of being relocated by the applicant to the Pawnee Drive right-of-way. A 12-foot-wide utility easement will be reserved in the proposed vacation area to provide for existing utilities until they are removed.

(2) All agencies and departments having a conceivable interest in the easement or right-of-way must indicate that no need exists, either at present or conceivable in the future, to retain the property as an easement or right-of-way, either for its original purpose or for some other public purpose unless the vacation ordinance retains the needed utility or rightof-way easement; The proposed vacation of .67 acres of right-of-way at 350 and 355 Ponca Pl. has been evaluated by the Planning, Fire and Transportation departments, and it has been collectively concluded that the public entities’ interests will be met by the redesign of Ponca Place, dedication of the required public access easement and reservation of a utility easement. The public utilities have been relocated, and Xcel, CenturyLink/Lumen and Comcast have all approved the vacation request with the reserved utility easement. (3) The applicant must demonstrate, consistent with the Boulder Valley Comprehensive Plan and the City’s land use regulations, either: (A)That failure to vacate an existing right-of-way or easement on the property would cause a substantial hardship to the use of the property consistent with the Boulder Valley Comprehensive Plan and the City’s land use regulations; or (B)That vacation of the easement or right-of-way would actually provide a greater public benefit than retaining the property in its present status. The redesign of Ponca Place will maintain public access while offering safety improvements, such as reduced traffic speeds and improved pedestrian and bicycle safety. The redesign aligns with goals and policies of the BVCP by creating a safe bike and pedestrian network, creating a narrower travel lane and safer crossings and intersections. The redesign of Ponca Place was discussed by the Transportation Advisory Board (TAB) in November of 2025 and received broad support. The proposed safety improvements in the redesign of Ponca Place provide a greater public benefit than retaining the property in its present status.

Fiscal Note Review of this project is part of the P&DS team’s standard workplan, and its impacts are incorporated into the annual revenue forecasting as part of the Budget office’s annual budget development. Therefore, review of the project will not have a meaningful fiscal impact past what has already been included in the approved budget. Current Year Estimated Fiscal Impact

Fund(s): 2120FD Department(s): Planning & Development Services Program(s): All P&DS programs

Item Beginning Fund Balance Total Forecasted Revenue Total Estimated Expenses Ending Fund Balance(s) After Reserves FTE

FY 2026 Budget

FY 2026 Estimated Impact

FY 2026 Net Change

$18,200,885

$15,179,491

$17,735,173

$12,646,701

122.65

Three-Year Estimated Fiscal Impact

Item

FY 2026

FY 2027

FY 2028

Total Forecasted Revenue Total Estimated Expenses Net Estimated Impact

Findings Staff finds that the criteria of Section 8-6-9, “Vacation of Public Rights-of-Way and Public Access Easement,” B.R.C. 1981, are met and recommends that City Council approve the vacation with the suggested motion language.

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Attachments A: Proposed Ordinance 8756 B: Proposed Deed of Vacation C: Written Public Comment