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Council members debate notice rules as zoning ordinance work lags

3764561 · May 6, 2025
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Summary

West Des Moines council members discussed whether property owners should receive additional notice when their zoning or comprehensive plan classifications are changed, and councilmembers reported that a vendor delay could push implementing zoning ordinances into 2026.

West Des Moines City Council members debated whether the city should expand notices to property owners when their zoning or comprehensive-plan classifications change, and heard that the city’s zoning ordinance that implements a 2022 comprehensive-plan update will likely be delayed by the vendor until 2026.

Councilman McKinney raised the notice issue after a development subcommittee discussed a proposed comprehensive-plan change at the southeast corner of I-35 and Grand Avenue. He said the property owner had not received additional notice beyond what state law requires and argued the city “owe[s] it to them to provide notice” when the city changes a property owner’s zoning or plan classification.

Mayor Ira Strimble and other council members replied that the city follows the notice requirements in the Iowa Code and cautioned that expanding notices could require substantial staff time and cost; Strimble said changing notice practices could also increase litigation risk if some property owners are noticed and others are not.

McKinney also reported that the zoning ordinances intended to implement the 2022 comprehensive-plan sections will not be ready for another six to 12 months because of delays by the city’s vendor, meaning the zoning code enforcement to match the 2022 plan may not be available until 2026. He said staff and the council will try to expedite the work but that the timeline is constrained by the vendor.

Council members said they will review a staff memo on current legal notice requirements and consider whether the city wants to change its ordinances or practices. Several council members emphasized that subcommittees are advisory and that staff will bring formal proposals back to the council for action.

The council did not take formal action on notice rules at the May 5 meeting; members said a memo and further subcommittee or council discussion would follow.