On March 2, 2023, Planning and Development Services staff accepted an application for the project known as “ModernWest 2” for the purpose of amending the original concept plan for this property. The ModernWest 2 property is located on the south side of Rogers Road east of Vance Brand Airport. This project has been met with concern from members of the public who have attempted to address the Council on the matter following the Planning and Zoning Commission’s recommendation of approval by a 6-1 vote at their June 26, 2024, meeting and the application is ready to be decided by City Council. This type of decision puts the City Council in a different role than they usually play at a Council meeting.

Generally, the City Council spends time passing ordinances (local laws), directing City priorities and making policy. However, in certain land use applications such as the ModernWest 2 project, the City Council must serve in a different role, known as quasi-judicial. Quasi-judicial actions generally involve city council making a decision concerning a particular property, based on pre-existing legal standards and code requirements, where the council must act like a court of law.

Because quasi-judicial decisions involve the determination of a property owner’s rights, Colorado law requires additional due process protections for these decisions compared to legislative actions. Due process requires all evidence considered by councilmembers must be presented at a public hearing to allow the applicant and public a fair opportunity to consider and hear the facts relied upon.

The quasi-judicial process was applied to the ModernWest 2 project because it is an application for concept plan amendment, which affects a specific property that has been the subject of a previous land use decision, specifically the original annexation. The City has applied this process to past projects, such as the 1313 Spruce Avenue (Bohn Farm) Concept Plan Amendment that was approved by City Council in October 2023 and the HousePAD amendment to the Irwin Thomas Annexation No. 1 approved in May 2024.

Because the quasi-judicial process has been applied to this project, the public can only provide comment to the Council during the official public hearing, as it is important for them to only hear testimony during the scheduled meeting to be fair to all parties. The Council will not be able to hear opinions or feedback about the ModernWest 2 project, for example, at the Open Forum scheduled for July 30, 2024.

The Councilmembers will hear a first reading on this project at the council meeting scheduled on August 13, 2024. The public will be invited to provide comment on this project at the second reading/public hearing, scheduled for August 27, 2024. For anyone unable to attend that meeting to provide comment, they may submit their comments to Jennifer Hewett-Apperson at jennifer.hewettapperson@longmontcolorado.gov and find information about the Modern West 2 project online.