Kent County planning commission recommends rezones, two subdivisions and conditional approval for solar project

At a Sept. 11 meeting, the Kent County Regional Planning Commission recommended approval of two zoning map amendments, granted conditional preliminary approval for two single‑family subdivisions and recommended conditional approval for a community energy generating facility.

The actions, taken by the six‑member commission, were driven by staff reports dated Sept. 4, 2025, and public hearing testimony in the record. Commissioners voted in favor of four items by 6–0 margins and approved one preliminary subdivision, Gerald Ridge (SL‑2503), by a 5–1 vote.

The commission's recommendations are advisory to Kent County Levy Court; the planning commission recorded motions, findings of fact and conditions consistent with staff recommendations and applicable sections of the Kent County Code and referenced Delaware statutory language in the staff reports.

LC‑25‑15 (John Nichols Jr.) — rezoning recommendation Commissioners recommended approval of ordinance LC‑25‑15 to rezone a parcel from AR (Agricultural Residential) to BG (General Business) inside the Growth Overlay District. The motion cited staff Exhibit A (staff recommendation report, 09/04/2025), Exhibit B (public hearing testimony) and findings that commercial parcels are proximate to the site, infrastructure is available to serve development, and commercial zoning is compatible with surrounding uses. The motion was moved on the record by Commissioner Davis; a second was recorded but not named. Vote: Peterman — yes; Servant — yes; Godfrey — yes; Mills — yes; Davis — yes; Jester — yes. Tally: 6 yes, 0 no, 0 abstain.

LC‑25‑19 (George and Amy Lewis) — rezoning recommendation The commission recommended approval of ordinance LC‑25‑19 to rezone property from BG to AR located outside the Growth Overlay District. The motion referenced the same staff exhibits and found the AR designation consistent with adjacent residential and agricultural uses and adequate public facilities for continued residential use. Commissioner Peterman moved the motion; a second was recorded on the transcript but not named. Vote tally recorded on the record: 6 yes, 0 no.

SL‑2503 (Gerald Ridge) — preliminary subdivision (85 lots) The commission granted conditional preliminary approval for Gerald Ridge (SL‑2503), a proposed 85‑lot single‑family residential subdivision inside the Growth Overlay District, subject to standard staff and agency conditions and specific items including: securing a Delmarva Power (DPL) permit to cross an easement, obtaining a DelDOT permit for secondary emergency access, and listed waivers to avoid disturbance of certain natural areas and screening requirements. Commissioner Davis moved the motion; a second was recorded but not named. Commissioner Mills voted no and stated concerns about school bus pickup locations and whether children would be eligible for in‑subdivision pickup. Vote: 5 yes, 1 no (Mills).

SL‑25‑4 (Emery Farms) — preliminary subdivision (as read in meeting record: "3 54" lots) The commission granted conditional preliminary approval for SL‑25‑4 (recorded in the meeting as “Alery/Emery Farms”) for a multi‑lot single‑family residential subdivision located inside the Growth Overlay District. The motion and conditions referenced staff recommendations (09/04/2025) and included waivers for street linkage and permitting a walking trail within wetland buffers, contingent on DelDOT approvals where noted. Vote recorded: 6 yes, 0 no.

C‑25‑01 (Hartley Delaware Solar) — conditional use recommendation The commission recommended conditional approval for application C‑25‑01, a community energy generating facility (solar) located outside the Growth Overlay District. Findings on the record cited that the site is zoned AR, that community energy facilities are a conditional use under the cited Kent County Code sections, and that the plan complied with subchapter conditions. Conditions noted in the staff report and adopted in the motion include: minimum 7‑foot perimeter fencing designed to allow small animals and birds to move under/through the fence, multiple gates to permit deer egress, and a native pollinator seed mix for ground cover. Vote: 6 yes, 0 no.

What the votes mean All five items are recommendations from the Regional Planning Commission to Kent County Levy Court; the commission’s approvals are subject to any additional Levy Court review and applicable permitting (for example, DelDOT access permits and Delmarva Power easement permits) before final plats or construction permits are issued.

Meeting process and next steps Sarah (staff member) called roll and handled vote recording during the meeting. Each motion cited the Sept. 4, 2025 staff recommendation report and public hearing testimony exhibits as the basis for findings and conditions. Applicants for preliminary plats must satisfy the listed agency conditions — including permits from DelDOT and Delmarva Power and any required waivers — before the commission’s conditional approvals can move toward final plan review or Levy Court consideration.

Votes at a glance: LC‑25‑15 (rezoning to BG) — recommended 6–0; LC‑25‑19 (rezoning to AR) — recommended 6–0; SL‑2503 (Gerald Ridge, 85 lots) — conditional approval 5–1; SL‑25‑4 (Emery Farms, recorded as "3 54" lots in the meeting record) — conditional approval 6–0; C‑25‑01 (Hartley Delaware Solar) — recommended conditional approval 6–0.