2717 Glenwood Vacation of Pedestrian and Bicycle Easement Second Reading

City of Boulder City Council Agenda Item Meeting Date: April 16, 2026 Agenda Title Second reading and consideration of a motion to adopt Ordinance 8747 vacating and authorizing the City Manager to execute a deed of vacation for a portion of a pedestrian and bicycle path easement generally located at 2717 Glenwood Dr. (LUR2025-00080).

Staff Contact • •

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

Draft Motion Language Motion to adopt Ordinance 8747 vacating and authorizing the City Manager to execute a Deed of Vacation for a portion of a pedestrian and bicycle path easement generally located at 2717 Glenwood Dr. (LUR2025-00080).

Executive Summary The purpose of this item is for City Council to consider the vacation of 4,064 square feet of pedestrian and bicycle easement (public access easement) located at 2717 Glenwood Dr. The public purpose for which the pedestrian and bicycle easement was originally dedicated has been met, and there is no remaining need for this portion of easement. The proposed vacation will allow for additional development of the property consistent with the Boulder Valley Comprehensive Plan and the City’s land use regulations.

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 April 2, 2026, City Council approved the first reading of Ordinance 8747.

Council Action Options Option

Outcome

Approve the application

If the vacation is approved by City Council motion, the pedestrian and bicycle 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 vacation is denied by City Council motion, the portion of pedestrian and bicycle easement will remain in ownership of the city, and the proposed development project may require changes to site design.

Background Property Description & Site Context The portion of pedestrian and bicycle easement to be vacated is located at 2717 Glenwood Dr. Refer to Figure 1 below.

Figure 1: Vicinity Map The portion of pedestrian and bicycle easement in Figure 2, dedicated in 2001, remains unused after the development of the Elmer’s Two Mile Path. The proposed vacation will allow for the location of stormwater quality, drainage and site amenity improvements on the unused land. The vacation of a portion of the easement will facilitate the partial redevelopment of the site and provide an additional 22 units to Boulder’s housing stock.

Figure 2: Subject area of Pedestrian and Bicycle Easement Vacation

Application Description Application LUR2025-00080 is a request for the vacation of 4,064 square feet of pedestrian and bicycle easement (public access easement) located at 2717 Glenwood Dr.

Application History Notification was sent to the Planning Board on March 24, 2026, in conformance with Section 79 of the Boulder City Charter. On April 2, 2026, City Council approved the first reading of Ordinance 8747.

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 29, 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 easement was conveyed to the City of Boulder by the grant recorded in the records of the Boulder County Clerk and Recorder at Reception No. 2166559 on June 27, 2001. As such, the subject public access easement must be vacated by an ordinance approved by City Council. In order for the subject public 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 4,064 square foot portion of public access easement currently has no city improvements, and the construction of Elmer’s Two Mile Path meets the original intent of the easement. Therefore, this portion of the easement is no longer necessary for public use. (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 in the future, to retain the property as an easement or right-ofway, either for its original purpose or for some other public purpose unless the vacation ordinance retains the needed utility or right-of-way easement:

The proposed 4,064 square foot public access easement vacation at 2717 Glenwood Dr. has been evaluated by the Planning, Fire, and Transportation departments, and it has been collectively concluded that the public entities would have no conceivable future interest in this portion of easement. CenturyLink/Lumen, Comcast and Xcel have also approved the vacation request. (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 portion of unused 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 location of stormwater quality, drainage and site amenities in this area of unused land. (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

FY 2026 Budget

FY 2026 Estimated Impact

FY 2026 Net Change

$18,200,885

$0

$18,200,885

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

$15,179,491

$0

$15,179,491

$17,735,173

$0

$17,735,173

$12,646,701

$0

$12,646,701

122.65

0

122.65

Three-Year Estimated Fiscal Impact

Item

FY 2026

FY 2027

FY 2028

Total Forecasted Revenue Total Estimated Expenses Net Estimated Impact

$0

$0

$0

$0

$0

$0

$0

$0

$0

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 Attachment A: Proposed Ordinance 8747 Attachment B: Proposed Deed of Vacation