Kent County Levy Court denied a request on Nov. 18 to rezone about 15.5 acres near S. Dupont Highway and Gunn and Rod Club Road from AR (agricultural/residential) to BG (highway commercial), a proposal intended to allow a mini-storage facility.

The court opened a public hearing on LC25-25, during which county staff noted the Regional Planning Commission had unanimously recommended denial because the area remains primarily agricultural and the proposal did not conform to the county’s 2018 comprehensive plan. Attorney John Pardee, representing the applicant, presented photographs, maps and a voluntary deed restriction signed by the owner (Deborah Webb, trustee) that would limit future use to mini-storage; he argued the parcel is close to existing commercial zoning and has access to Route 13 and Artesian water and sewer.

Neighbors and several commissioners disagreed. Residents who live adjacent to or near the parcel described persistent drainage and wetland conditions on the site, safety and privacy concerns from an expected entrance on Gunn and Rod Club Road, and the loss of the neighborhood’s agrarian character. Isaac W. Henry Jr. presented drawings of water pooling that he said had damaged his property and led to expensive sump-pump repairs. Commissioners raised questions about spot zoning, traffic safety, and whether the property’s current AR zoning could be developed to place up to four homes without rezoning.

Commissioner Angel moved to deny the application, citing Kent County code section 205-408(b) and staff and RPC recommendations; Commissioner Hall seconded. The motion carried on roll call, 5 yeas, 1 nay, 1 abstention. Several commissioners who voted to deny cited the RPC report, neighborhood character and unresolved infrastructure/drainage concerns. The applicant was told the deed restriction would be a privately enforceable covenant and cannot be a condition of county approval.

The court also placed Ordinance LC25-28 (keeping of animals) on the agenda for a Dec. 16 public hearing; Attorney Pardee earlier urged the county to consult the Delaware Department of Agriculture and the Delaware Farm Bureau on that draft ordinance.

The denial is final from this meeting; any future application for this parcel would require a new application and compliance with zoning and comprehensive-plan processes.