Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: March 5, 2026 Agenda Title Introduction, first reading and consideration of a motion to order published by title only, Ordinance 8742 vacating and authorizing the city manager to execute a deed of vacation for a portion of Colorado Avenue right-of-way located north of 1100 28th Street (LUR2025-00070).

Staff Contact • •

Julie DeFoe, Planning and Development Services Brad Mueller, Planning and Development Services Director

Draft Motion Language Motion to introduce on first reading and order published by title only Ordinance 8742 vacating and authorizing the City Manager to execute a Deed of Vacation for a portion of the Colorado Avenue right-of-way located north of 1100 28th Street.

Executive Summary The purpose of this item is for City Council to consider the vacation of 1,030 square feet of Colorado Avenue right-of-way located north of 1100 28th Street. 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 provide a greater public benefit than retaining current site conditions. A utility easement will be reserved over the entire area to be vacated. 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 vacation request

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 vacation request with additional conditions

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

Deny the vacation request

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 development project may require changes to site design.

Background Property Description & Site Context The portion of Colorado Avenue right-of-way to be vacated is located north of 1100 28th Street. Refer to Figure 1 below.

Figure 1: Vicinity Map The portion of right-of-way in Figure 2, dedicated in 1963, remains unused after the development of Colorado Avenue and the multi-use path. The proposed vacation would provide a more consistent linear southern boundary for the Colorado Avenue right-ofway corridor, and it would alleviate the need for future maintenance by the city in this area. The vacation of this right-of-way will facilitate the proposed re-development of this parcel, which will include micro-mobility storage, short-term bike spaces and maintained hardscape and landscaping adjacent to the multi-use path and bus stop.

Figure 2: Subject area of Right-of- Way Vacation

Application Description Application LUR2025-00070 is a request for the vacation of 1,030 square feet of rightof-way along Colorado Avenue.

Application History Notification will be sent to the Planning Board on March 3, 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 October 7, 2025. Staff received no 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 property was conveyed to the City of Boulder in the Warranty Deed recorded in the records of the Boulder County Clerk and Recorder at Book 1270 at Page 240 on the 11th day of March, 1963. 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, the 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 1,030 square foot portion of right-of-way currently has no city improvements, and a utility easement will be reserved over the entirety of the vacation area for the utilities currently located in the right-of-way. Therefore, this portion of right-of-way 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 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 1,030 square foot right-of-way vacation north of 1100 28th Street 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 right-of-way. The vacation ordinance will reserve a utility easement as described in Attachment A. CenturyLink/Lumen, Comcast and Xcel have also approved the request. (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 Colorado Avenue right-of-way would provide greater public benefit by providing public amenities, such as micro-mobility storage, short-term bike spaces and maintained hardscape and landscaping adjacent to the bus stop and multi-use path. 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

$0

$0

$15,179,491

$0

$0

$17,735,173

$0

$0

$12,646,701

$0

$0

122.65

0

0

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 the City Council approve the vacation with the suggested motion language.

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Attachments Attachment A: Proposed Ordinance 8742 Attachment B: Proposed Deed of Vacation