3200 Airport Rd. first reading memo

Regular Meeting, October 1, 2026 · item 3G: Introduction, first reading and consideration of a motion to order published by title only, Ordinance 8783 vacating and authorizing the City… · 6 pages

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City of Boulder City Council Agenda Item Meeting Date: October 1, 2026 Agenda Title Introduction, first reading and consideration of a motion to order published by title only, Ordinance 8783 vacating and authorizing the City Manager to execute a deed of vacation for a portion of the Bernoulli Boulevard right-of-way generally located adjacent to 3200 Airport Rd. (LUR2026-00027).

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 8783 vacating and authorizing the City Manager to execute a Deed of Vacation for a portion of Bernoulli Boulevard right-of-way generally located adjacent to 3200 Airport Rd. (LUR2026-00027).

Executive Summary The purpose of this item is for City Council to consider the vacation of 14,692 square feet (0.34 acres) of Bernoulli Boulevard, which was right-of-way for Airport Boulevard located north of 3200 Airport Rd. The public purpose for which the right-of-way was originally dedicated has been met, and there is no remaining public need for this portion of right-of-way. The proposed vacation would allow for improvements to the county jail facilities. A utility easement will be reserved over the proposed vacation area.

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.

Council Action Options Option

Outcome

Approve the application

If the vacation 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 vacation is denied by City Council motion, the portion of right-of-way will remain in ownership of the city, and the proposed improvements to the county’s facilities will not be approved.

Background Property Description & Site Context The portion of Bernoulli Boulevard right-of-way to be vacated is located north of 3200 Airport Rd. Refer to Figure 1 below.

Figure 1: Vicinity Map The portion of right-of-way in Figure 2, dedicated in 1986, remains unused after the development of Airport Boulevard. The proposed vacation would provide a more consistent linear southern boundary for the Airport Boulevard right-of-way corridor. The vacation of this right-of-way will facilitate the proposed improvements to Boulder County’s facilities.

Figure 2: Proposed Right-of-Way Vacation Area

Application Description Application LUR2026-00027 is a request for the vacation of 14,692 square feet (0.34 acres) of right-of-way located adjacent to 3200 Airport Rd.

Application History Notification will be sent to the Planning Board on September 29, 2026, in conformance with Section 79 of the Boulder City Charter.

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 August 5, 2026. 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 portion of Bernoulli Boulevard right-of-way was dedicated to the City of Boulder on the final plat of Airport South recorded in the records of the Boulder County Clerk and Recorder at Film 1431, Reception No. 791027 on September 22, 1986. 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: Bernoulli Boulevard was originally dedicated as part of the right-of-way for Airport Boulevard. Airport Boulevard was developed, and therefore this portion of right-of-way is no longer needed. A utility easement will be reserved over the vacated portion of land to preserve the utility requirements. (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 right-of-way vacation of 0.34 acres has been evaluated by planning and transportation staff, and it has been collectively concluded that the public entities’ interests will be met by a reservation of utility easement. Xcel, CenturyLink/Lumen and Comcast have approved the vacation with the reservation of 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 Not applicable. (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 vacation of this portion of Bernoulli Boulevard right-of-way would provide greater public benefit by allowing for improvements to county facilities. The vacation would align with the current and proposed use of the parcel. The original purpose, as right-of-way for Airport Boulevard, is no longer 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 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

FY 2026 Budget

FY 2026 Estimated Impact

FY 2026 Net Change

$18,200,885

$15,179,491

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

$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 8783 B: Proposed Deed of Vacation