K. Hovnanian presents 354-townhome plan for Ellery Farm; neighbors raise traffic, sewer and title concerns

K. Hovnanian Homes presented a preliminary plan Sept. 4 for Ellery Farm, an approximately 81.978-acre property at the northeast corner of S. DuPont Boulevard and Twin Willows Road (southeast of Smyrna). The applicant proposed 354 townhome units (about 4.32 units per acre), a centralized amenity area, sidewalks on both sides of internal streets, a shared-use path along the frontage and extensive open space. The developer said it will provide 847 parking spaces overall, exceeding the code-required 708 spaces.

Nut graf: The public hearing drew detailed developer presentations, staff recommendations and multiple public commenters. Neighbors raised traffic, sewer and legal-title concerns; legal counsel for the purchaser said a recorded power of attorney and deed transfer authorized the sale and closing and that funds will be managed by an escrow agreement.

Project details and developer responses Jonathan Content, representing K. Hovnanian Homes, said the company closed on the property and is seeking preliminary plan approval for a townhome community. He said the plan does not use the full density allowed by the zoning and pointed to open-space retention: about 15 acres in a northern portion proposed to remain undeveloped, 1 active open-space area with a tot lot, and other passive open space. He said the project will use Kent County sewer and Tidewater Utilities water; a sanitary pump station is proposed and the developer has created a sewer district as required.

Content addressed staff recommendations: his team agreed to the landscaping buffer around the pump station and to DelDOT-required frontage improvements, but they opposed a staff recommendation to add a rear-alley layout and opposed changing the entrance configuration the staff sought. He said alleys would add roughly 42,000 square feet of additional impervious surface, increase costs and reduce backyards, and he asked the commission not to make alleys or rear-loading a condition of approval.

On school-bus loading and circulation, K. Hovnanian said it proposed two dedicated bus-stop areas and on-site pull-off parking near a central amenity so parents could safely park during pickup. The developer said it had presented the plan to the Smyrna School District and received a positive response; the school district’s student-services supervisor sent an email agreeing to the proposed bus-stop locations.

Public and agency concerns Several speakers from nearby neighborhoods raised concerns about traffic at the Twin Willows / Route 13 area, existing congestion and safety for school pickups. Commissioners and a bus contractor emphasized safe bus access and suggested system-level improvements; the developer said DelDOT will require frontage upgrades and that DelDOT’s traffic analysis (traffic impact study and signal justification study) concluded a future signal or corridor improvements are likely.

Opposition also included residents who raised legal and ownership questions. Patricia Ellery Gibbs and other family members said they have paid taxes on the property and expressed that they had not initiated applications; the transcript captures extended statements and references to prior legal proceedings. Attorney Robert Penza described the history: a court process beginning in 2007 and a power-of-attorney signed by the owners in June 2023 that authorized an agent to market and sell the property; Mr. Penza said the Court of Chancery issued orders resolving disputes in 2023. Attorney Gary Dodge confirmed his office closed the transfer and recorded the deed; he said his office is custodian of the escrow for sale proceeds and will administer funds per the escrow agreement. Commissioners repeatedly noted that legal remedies and title disputes are for the courts to decide and that the commission’s role is limited to land-use review and the preliminary plan.

Next steps Planning staff and the developer discussed technical items that remain: DelDOT review of a two-way versus one-way internal street configuration (the developer agreed to a 60-foot right-of-way and to pursue DelDOT acceptance of a two-way loop), confirmation of pump station and sewer downstream capacity, agency clearances and waivers for required linkages or buffers where wetlands or utility easements prevent improvements. Staff recommended conditions related to landscaping around the pump station, public sidewalk and multi-modal frontage, and other standard preliminary plan items. The commission will take up the item at its Sept. 11 business meeting; no vote was taken Sept. 4.