The Perry City Planning Commission voted unanimously to recommend the City Council deny Ordinance 25N, a zone-change request that would place a development overlay on a property to allow retail pads on the frontage with self-storage units behind.

Commissioners said the developer's draft development agreement remains unchanged from prior rounds and contains provisions staff and the commission find unacceptable. "I would be inclined to make a recommendation of denial to the city council for this," said Commissioner (unnamed), explaining the packet showed no substantive updates since the item was last tabled.

The item drew an explanation from the property owner, who said he had subordinated the land to JKK Development and that the development group is "perfectly happy to fill out a development form, you know, from the city's attorney." The owner told the commission that his group intends to complete infrastructure for the entire site at once and build retail pads up front only when a national tenant is secured. Staff said they had not received any recent communication from the applicant addressing the staff report or the commission's prior comments.

Commissioners and staff said key outstanding points include the form and content of the development agreement and whether the city would receive a distinct public benefit from approving a development agreement beyond what the current code and zoning would already require. One commissioner summarized the view that, as drafted, the agreement provides "no benefit" to the city sufficient to warrant exceptions to code.

A motion to recommend denial of the ordinance was made, seconded and passed on a voice vote. Commissioner Blake, Commissioner Marcus and Commissioner Steven recorded their votes as "yes." The commission noted the item will appear on the City Council agenda, most likely on Oct. 23, where councilors will make the final decision.

No formal conditions or amendments were adopted by the planning commission; the recommendation is to deny and forward that recommendation to the council.

What happens next: the commission's recommendation is advisory; City Council will review the ordinance and the developer's materials at a future meeting. The applicant told the commission he would provide the development agreement to staff and is willing to work with the city's standard forms if the council or staff request it.