Legal & Courts  March 16, 2022

Citizen group sues Longmont over Costco development plans

LONGMONT — A citizen group has filed a lawsuit against the city of Longmont seeking to nullify the city’s conditional approval of a Costco development project, construction of which was anticipated to begin in April.

The city, according to the lawsuit filed Monday by a group called Residents and Workers for a Safe Longmont, is working in collaboration with Golden Farm LLLP and Aggregate Industries — WCR Inc., to bring Costco Wholesale Corp. to Longmont. The Costco would be built on land at least partially owned by the Golden aggregate companies located east of the Harvest Junction retail development and near the intersection of Ken Pratt Boulevard and South Martin Street. 

Longmont Planning and Development Services provided conditional approval for the Costco development plan on Feb. 14, 2022, as permitted by city code because the development was seen as a permitted use, according to the lawsuit.

The plaintiffs, however, contend that the project did not meet city code, the city comprehensive plan or zoning codes.

Specifically, the lawsuit alleges that the plan violates the code because of the visual impact of parked vehicles, because planners permitted a reduction in landscaping and an increase in parking, and failed to take into account traffic flow in the area around the development.

The lawsuit seeks a court determination that the city exceeded its authority or abused its discretion in the case. It also seeks nullification of the city approval of the Costco development.

A call to the city attorney’s office seeking comment was referred to the city manager’s office. Rigo Leal, public information officer for the city, said the city does not comment on pending litigation. 

The case, filed in Boulder County District Court, is Residents and Workers for a Safe Longmont v. The city of Longmont, case number 2022cv30163.

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