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Council sends 28-acre rezoning application back to planning commission over access and water concerns
Summary
After hearing planning commission's 6-0 recommendation to deny a proposed rezoning and development overlay for about 28 acres, the council voted to return the application to planning commission for revision to resolve emergency-access alignment, maintenance, and water/groundwater concerns.
Perry City Council sent a developer's rezoning and development-overlay application back to the planning commission at its Dec. 11 meeting, citing unresolved emergency-access alignment, uncertainty about maintenance responsibilities, and questions about groundwater and irrigation management.
Staff reported planning commission voted 6-0 to recommend denial, specifically citing that the proposed emergency access is not aligned with future roadway plans and that the narrow strip of land identified for emergency access cannot accommodate a full city-standard road and utilities. The fire marshal's written response, included in materials, indicated the emergency egress meets the marshal's minimum standards for gated emergency access (20-foot minimum) but does not meet a full 60-foot city street standard.
Applicant Brett Jones told the council he would be willing to consider zoning only the western parcels to R-1-3 so the developer could complete an initial set of lots with a compliant access point, but said separate applications would likely be required. Council members raised the potential long-term cost and logistical difficulties of installing a road that later must be removed and realigned, and urged planning commission to consider code constraints (minimum lot sizes from agriculture) and alternatives.
A motion to send the application back to the planning commission for revision and to consider ordinary zoning rather than exceptions passed on a roll-call vote with Council members Young, Walker, Osler, Wright and Tueller voting yes. Planning staff will return a revised application or report on the requested revisions at a future meeting.
