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Council approves PUD rezoning for 128 Delaware Street after debate over sidewalks and drainage
Summary
The Perry City Council approved Ordinance 2026-09 to rezone 128 Delaware Street to a Planned Unit Development, requiring an engineered stormwater study and adopting residential-product consistency language; council declined the Planning Commission’s recommended sidewalk condition after members raised cost, connectivity and drainage concerns.
Perry — The City Council on a recorded vote adopted Ordinance 2026-09, rezoning four lots at 128 Delaware Street from RG Residential District to a Planned Unit Development (PUD) and approving the final development plan and statement of intent.
The council’s approval followed an extended discussion about whether to require sidewalks. City planning staff explained the Planning Commission recommended sidewalks to provide pedestrian access to shared dumpsters, but the developer offered individual polycarts to address trash access. Staff and the city attorney also noted the PUD is being reviewed as a single unified tract, which affects whether the city’s general sidewalk ordinance applies. Staff said the developer must submit an engineered stormwater/drainage study before a building permit will be issued.
“They won’t be able to get a building permit until we have that engineer’s report,” a staff member said, describing the drainage study as a condition precedent to permits.
Supporters of retaining the sidewalk requirement said sidewalks advance the city’s long-term walkability goals. Opponents argued sidewalks at the site would “go nowhere,” would not connect to any existing network, and would trigger additional ADA crossing requirements and added cost that could imperil the project. One council member warned that requiring sidewalks might make the project financially infeasible for the developer.
Council ultimately voted to approve the city manager’s version of the ordinance without including the Planning Commission’s sidewalk amendment. The ordinance retains findings that require residential units to be substantially consistent with the architectural renderings and floorplans submitted by the applicant and incorporates conditions that any material deviation would require a substantial amendment to the PUD.
The council also approved a separate emergency clause for Ordinance 2026-09, by the same roll call majority.
What happens next: Staff will require the developer to provide the engineer’s stormwater study before issuing building permits; administrative staff will review any minor modifications for engineering or feasibility, and any material deviations from the approved residential products must return to the council for amendment to the PUD.
Authorities and actions: Ordinance 2026-09 (rezoning to PUD) was approved; the PUD approval is conditioned on submission and approval of an engineering stormwater/drainage report and on adherence to the final development plan and representative residential products.
