Group opposed to Suite Shots development files 2 new lawsuits
KATHY A. BOLTEN May 4, 2022 | 8:06 pm
2 min read time
474 wordsAll Latest News, Government Policy and Law, Real Estate and Development
A Polk County district court judge is being asked to intervene in action taken this week by the West Des Moines City Council to rezone land to allow the development of a golf entertainment facility.
The two lawsuits filed on Wednesday by Concerned Citizens for Grand Avenue Development ask that actions taken by the City Council and Plan and Zoning Commission be declared null and void and that city officials be compelled to fulfill their lawful duties.
The council on Monday approved a request from a development group to change the zoning of 26 acres on the southwest corner of Interstate Highway 35 and Grand Avenue. The development group wants to build a golf entertainment venue called Suite Shots on the site. The three-story building would include a restaurant, bar and 60 climate-controlled bays from which golfers hit balls onto a range.
The city’s comprehensive land use map had designated the parcel as support commercial. The parcel was also zoned as open space. The council on Monday approved the second reading of an ordinance changing the land use to regional commercial and rezoning the parcel as a planned unit development, a move that allows the city to better control what is built on the site. The third reading of the ordinance was waived.
Some residents who live in the nearby gated community of Glen Oaks oppose the proposed development, saying it will adversely affect the value of their properties, increase traffic along Grand Avenue and be unsightly.
In April, the group asked a judge to issue an injunction prohibiting the city of West Des Moines from moving forward with steps that would change the zoning of the parcel, a process needed to allow the proposed development to advance.
District Court Judge Scott Beattie dismissed that lawsuit on Monday, writing that the council hadn’t yet taken final action on the rezoning request. “Until a vote is taken on the issue, the city may always correct the deficiencies the Plaintiff alleges,” Beattie wrote. “The City Council is a political deliberative body, and this court should not step in before that body makes its final decision.”
The lawsuits filed on Wednesday restate issues raised in the first lawsuit.
In the lawsuits, the neighborhood group alleges that the city did not correctly follow the process to establish planned unit development zoning; that it failed to temporarily halt the rezoning process when it was asked to by the group; that it failed to consider “smart planning principles” put in place by Iowa lawmakers; that it is implementing spot zoning; and that it is failing to enforce city height and setback requirements.
The group wants the judge to find actions taken by the council and zoning commission illegal, effectively nullifying votes taken by both groups.
The city of West Des Moines did not immediately respond to a request for comment.
Trending News
