2130 Arapahoe Ave. First Reading Memo

Regular Meeting, October 1, 2026 · item 3F: Introduction, first reading and consideration of a motion to order published by title only, Ordinance 8775 vacating and authorizing the City… · 8 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 8775 vacating and authorizing the City Manager to execute a deed of vacation for a portion of the Marine Street right-of-way generally located adjacent to 2130 Arapahoe Ave. (LUR2026-00023).

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 introduce on first reading and order published by title only Ordinance 8775 vacating and authorizing the City Manager to execute a Deed of Vacation for a portion of Marine Street right-of-way generally located adjacent to 2130 Arapahoe Ave. (LUR2026-00023).

Executive Summary The purpose of this item is for City Council to consider the vacation of 1,405 square feet (0.03 acres) of Marine Street right-of-way located adjacent to 2130 Arapahoe Ave. The public purpose for which the right-of-way was originally dedicated, vehicular access and

related infrastructure, is no longer necessary because changes in surrounding development and vehicle circulation patterns have rendered the need for the right-ofway obsolete. A utility easement and public access easement will be reserved to maintain the ingress, egress and infrastructure needs addressed by the current right-ofway. The vacation is proposed in order to facilitate the redevelopment of the site for additional student housing submitted in site review LUR2026-00003. 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.

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 project may require changes to site design.

Background Property Description & Site Context The portion of Marine Street right-of-way to be vacated is adjacent to 2130 Arapahoe Ave. Refer to Figure 1 below.

Figure 1: Vicinity Map The public purpose of the portion of right-of-way in Figure 2 will be maintained by a public access and utility easement reservation. The proposed vacation will facilitate the development of the site, which will provide approximately 135 residential units, maintain the current connectivity for vehicles, bicyclists and pedestrians while improving safety for all users through improved pavement design and signage; the improved pavement design and signage will create a defined travel path between Marine Street and Grandview Avenue.

Figure 2: Proposed Vacation Area

Application Description Application LUR2026-00023 is a request for the vacation of 0.03 acres of Marine Street right-of-way located adjacent to 2130 Arapahoe Ave.

Application History Notification will be sent to the Planning Board on September 15, 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 April 20, 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 Although the city was unable to locate specific deeds of dedication, the subject right-ofway has historically been open to the public carrying vehicular and pedestrian traffic. 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 public use, access and infrastructure provided by the 0.03 acres of Marine Street right-of-way will be maintained through the reservation of a public access easement and a utility 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 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 0.03 acres has been evaluated by planning and transportation staff, and it has been collectively concluded that the public entities’ interests will be met by the reservation of the public access and utility easements. Xcel, CenturyLink/Lumen and Comcast have approved the vacation with the reservation of a 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 proposed redevelopment of 2130 Arapahoe Ave., submitted through the site review LUR2026-00003, proposes incorporating the area of requested vacation into the adjacent property, which will allow a more cohesive and functional street design at the transition from Marine Street to Grandview Avenue; the addition of signage at Marine Street and Grandview Avenue will improve safety and create a more predictable traffic pattern that is consistent with the city’s Vision Zero goal. The street redesign will allow for improved building access to the proposed 135 additional residential units, an improved streetscape design and improved water quality, as a portion of a rain garden is proposed in the requested vacation area. The proposed vacation, and associated redevelopment, provides a greater public benefit than retaining the property in its present status and is consistent with the Boulder Valley Comprehensive Plan in relation to transportation connections and safety and improved water quality.

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 8775 B: Proposed Deed of Vacation