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Perry Council approves rezoning, attaches concept plan and $260,000 fee for park improvements

Perry City Council · March 12, 2026
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Summary

Perry City Council approved Ordinance 25-Q to rezone three parcels to R1/3, directed the developer to attach the submitted concept as Exhibit A, and set a fee-in-lieu for open space at $260,000 to be used for either Dale Young Nature Park or Perry Park; council noted stormwater, second access and water-rights issues that must be resolved.

Perry City Council voted unanimously to adopt Ordinance 25-Q, rezoning three properties near Dale Young Nature Park from agricultural to R1/3 and attaching the developer’s concept plan as Exhibit A to guide substantial compliance with future designs.

City Administrator Bob Barnhill presented three development scenarios for the parcels west of Dale Young Nature Park: an R1/2 layout yielding 35 single-family lots but limiting initial buildout to 30 lots because only one access point is available; a conservation subdivision setting aside 20% open space with lots averaging 10,000 square feet (minimum 9,000 sq ft) that would increase the lot count; and a fee-in-lieu option that eliminates the conservation open space in exchange for payment and would increase the number of lots further. Barnhill flagged several requirements for any proposal, including proper stormwater management, the need for a second access point to permit full buildout, and a significant water-rights concern after a recent diversion by the property owner that could affect downstream users.

Developer Brett Jones said he designed the conservation approach to meet the council’s guidance and justified a proposed $250,000 fee-in-lieu by applying the same percentage methodology used in the West Meadows comparison. "We intend to submit a preliminary plat for the first 30 lots within two weeks," Jones said and committed to addressing the water-rights issue as part of the development plan.

Council members questioned phased recording and the effect of separate developers building different phases, and debated the appropriate fee amount. Walker noted arithmetic errors in the developer’s calculation and advocated for a corrected fee. "Corrected mathematics would bring the amount to $260,000," Council Member Dave Walker said. Council Member Nathan Tueller moved to approve Ordinance 25-Q with the developer’s concept attached as Exhibit A and a fee-in-lieu of $260,000 to be allocated to either Dale Young Nature Park or Perry Park; Council Member Toby Wright seconded. The motion passed on a 5-0 roll call (Walker, Wright, Tueller, Young, Ostler voting yes).

The ordinance requires the final design to be substantially similar to the submitted concept and directs future development to resolve stormwater, access and water-rights issues before full buildout.