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Perry planning commission recommends denial of zone-change for retail-and-storage project
Summary
The Perry City Planning Commission voted unanimously to recommend denial of Ordinance 25N, citing unresolved conflicts in the developer’s proposed development agreement and no clear public benefit; the item will go to city council on Oct. 23.
Perry City’s Planning Commission voted unanimously Oct. 9 to recommend denial of Ordinance 25N, a zone-change and development-overlay request that would have allowed retail frontage with storage units behind it.
The commission acted after staff and commissioners said the developer’s proposed development agreement still contains provisions the city cannot accept and that no substantive changes had been submitted since the item was tabled previously. Bob (city planner) told the commission the application and accompanying site plan matched what had been reviewed at prior meetings and that staff had identified several problematic provisions in the applicant’s draft agreement.
Commissioner (Speaker 4) moved to recommend denial “because nothing has been updated,” and the motion was seconded before the roll call. The motion passed by unanimous voice vote; staff said the denial recommendation will most likely be heard by city council on Oct. 23.
The property owner, who said he had subordinated the land to JKK Development, told the commission the developer was willing to use the city attorney’s form of development agreement and that the infrastructure for the entire subdivision would be installed simultaneously to make retail pad sites attractive to national tenants. The owner said the project team had been trying to advance development on the site for five years and said the developer was prepared to conform to landscaping and utility requirements in the eventual agreement.
Commission discussion centered on whether the developer had received and reviewed staff’s written list of concerns. Staff and commissioners confirmed the comments had been provided in the packet and via email; commissioners said several items in the applicant’s draft could not be accepted by the city. The commission’s recommendation to deny does not itself prohibit the applicant from revising the proposal and returning for further consideration.
Next steps: The commission’s recommendation will be forwarded to the Perry City Council, which has final decision-making authority on the rezone and any development agreement.
