900 Walnut Second Reading Memo

Regular Meeting, August 20, 2026 · item 3H: Second reading and consideration of a motion to adopt Ordinance 8753 vacating and authorizing the City Manager to execute a deed of vacation… · 7 pages

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City of Boulder City Council Agenda Item Meeting Date: August 20, 2026 Agenda Title Second reading and consideration of a motion to adopt Ordinance 8753 vacating and authorizing the City Manager to execute a deed of vacation for a portion of an access easement generally located at 900 Walnut St. (LUR2025-00052).

Staff Contact • •

Julie DeFoe, City Planner/Revocable Lease Administrator Brad Mueller, Planning & Development Services (P&DS) Director

Draft Motion Language Motion to adopt Ordinance 8753 vacating and authorizing the City Manager to execute a Deed of Vacation for a portion of an access easement generally located at 900 Walnut St. (LUR2025-00052).

Executive Summary The purpose of this item is for City Council to consider the vacation of three square feet of an access easement located at 900 Walnut St. The public purpose for which the access easement was originally dedicated will be maintained through the dedication of an additional public access easement. The vacation is needed for the placement of a structural column to support the development of the proposed hotel and conference space (LUR2023-00046).

A public access easement 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 August 6, 2026, City Council approved the first reading of Ordinance 8753.

Council Action Options Option

Outcome

Approve the application

If the application is approved by City Council motion, the public access easement 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 portion of public access easement will remain in ownership of the city, and the proposed development may not move forward, as the structural column is crucial to the development of the site.

Background Property Description & Site Context The portion of public access easement to be vacated is located at 900 Walnut St. Refer to Figure 1 below.

Figure 1: Vicinity Map The portion of access easement in Figure 2, dedicated in 2003, will be replaced by an additional access easement dedication. The proposed vacation will facilitate the development of the site by allowing the placement of a structural column. The development will provide meeting space and additional hotel rooms (LUR2023-00046).

Figure 2: Proposed Area of Vacation

Application Description Application LUR2025-00052 is a request for the vacation of three square feet of public access easement located at 900 Walnut St.

Application History Notification will be sent to the Planning Board on August 4, 2026, in conformance with Section 79 of the Boulder City Charter. On August 6, 2026, City Council approved the first reading of Ordinance 8753.

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 October 8, 2025. Staff did not receive any written or verbal comments opposed to the vacation.

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

Analysis This access easement was dedicated to the City of Boulder and recorded in the records of the Boulder County Clerk and Recorder at Reception No. 2439906 on May 12, 2003. As such, the subject access easement must be vacated by an ordinance approved by City Council. In order for the subject access easement 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 three square feet of access easement proposed for vacation will be replaced by an additional access easement dedication preserving the purpose of the access easement. (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 of for some other public purpose unless the vacation ordinance retains the needed utility or rightof-way easement: The proposed three square foot access easement vacation at 900 Walnut St. has been evaluated by the Planning and Transportation departments, and it has been collectively concluded that the public entities would have no conceivable future interest in this portion of easement, and the purpose of this portion of access easement will be upheld by an additional easement dedication. (3) The applicant must demonstrate, consistent with 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 Failure to vacate the three square feet of access easement would restrict reasonable development of the property consistent with the Boulder Valley Comprehensive Plan and the City’s land use regulations. The vacation would allow for the placement of a structural column to support the development of conference space and additional hotel rooms. (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. Not applicable. 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 outside 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 8753 B: Proposed Deed of Vacation