Perry City approves zone change for conservation subdivision; council attaches developer concept plan, leaves fee amount to be finalized

PERRY, Utah — Perry City Council on March 12 approved Ordinance 25q, changing three properties west of the railroad from agricultural to R‑1 Half with a conservation subdivision overlay and attaching the developer’s concept plan as Exhibit A with a requirement of "substantial compliance." The action clears a major zoning hurdle for the applicant to pursue a phased subdivision.

Planning staff presented three possible layouts and explained conservation‑subdivision standards that require a 20% conservation set‑aside under the R‑1 Half district, with average lots around 10,000 square feet and minimums as small as 9,000 square feet. Staff noted the property has constrained areas, including a waterway that may include wetlands, and warned the council not to finalize road or stormwater details at the zoning stage.

Staff recommended that any fee‑in‑lieu of on‑site open space be restricted to nearby park improvements. "If you approve the fee in lieu, I would recommend that you include in that motion that the funds are only to be used at [Dale Young] Nature Park," planning staff said on the record. Council members debated whether funds could instead support Perry Park or be split between parks.

The developer, Brett Jones, said the applicant moved to the conservation approach after prior discussions and proposed a fee‑in‑lieu of $250,000 based on precedent from a recent West Meadows development. Jones said the team plans to submit a preliminary plat for the first phase — limited to 30 lots because of single access constraints — "within the next two weeks" and intends to address downstream water deliveries as part of engineering work.

Council and staff discussed several fee formulas: staff noted that, using a per‑lot comparative method, a corrected calculation could be substantially higher than $250,000, while others urged use of the precedent figure for speed. Several members recommended breaking the payment into phased payments tied to recording of plats if the subdivision moves forward in three phases.

Council member ___ moved to approve Ordinance 25q as drafted, attach the developer concept plan as Exhibit A, require substantial compliance with that concept in future subdivision approvals, and set a fee‑in‑lieu to be finalized by staff; the motion was seconded and passed unanimously in roll call vote. The council directed staff to record the approved concept and include clear language about payment timing and park earmarking in the ordinance and development agreement.

What happens next: the approved zoning allows the developer to proceed to the preliminary subdivision review and to record phase 1 if engineering, access and plat recording requirements are met. Staff said any recorded plat for phase 1 must demonstrate how water rights to downstream neighbors will be preserved and how stormwater will be managed.

Quote: "We want to be good neighbors and hopefully have a successful project for everybody," developer Brett Jones said when asked about addressing water delivery and downstream impacts.

The council vote was unanimous.