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West Des Moines council keeps Ashworth-80 PUD closing hour at 11 p.m. after split vote
Summary
The City Council approved a second reading to amend the Ashworth-80 Planned Unit Development with an 11 p.m. closing hour after a divided vote. Council members debated a prior motion to restrict hours to 10 p.m.; the council ultimately adopted the Planning and Zoning recommendation.
The West Des Moines City Council on May 19 approved a PUD ordinance amendment for the Ashworth-80 development that keeps hours of operation at 11 p.m., following a contentious debate and two separate votes.
The change concerns the previously proposed amendment to the Ashworth-80 Planned Unit Development (PUD) that would modify parking and building setback requirements and add an hours-of-operation restriction. The ordinance passed on its second reading with a 3-2 vote to adopt the 11 p.m. closing hour recommended by the Planning and Zoning Commission.
Council debate focused on whether a narrower 10 p.m. limit should apply because of nearby residences. Councilman Hudson had moved earlier to limit hours to 10 p.m.; that motion failed on a 2-3 vote. A subsequent motion to apply the planning commission’s recommendation for 11 p.m. passed 3-2, and the ordinance’s second reading was approved.
Supporters of the 11 p.m. hour said following the Planning and Zoning recommendation preserved consistency in city land-use decisions and avoided creating a citywide precedent for limiting business hours. Opponents argued the site’s proximity to homes, and the limited commercial development nearby, made a 10 p.m. restriction appropriate to protect adjacent residents’ evening quiet.
Mayor Russ Trimble and multiple council members discussed precedent and neighborhood impacts during the discussion. Council members who voted to retain the 11 p.m. hour cited the city’s need for consistent rules across varied commercial areas. Council members pressing for 10 p.m. said the location’s immediate adjacency to residences made it a unique case that warranted a more restrictive hour.
The ordinance language approved mirrors Planning and Zoning’s recommendation; the council recorded its final second-reading approval at the May 19 meeting.
The council did not adopt a citywide change to late-hour standards; officials said individual locations will continue to be reviewed case-by-case under the PUD process.
