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Kent County Levy Court denies rezoning for 15.5‑acre site near Route 13
Summary
Levy Court voted 5–1–1 to deny LC25‑25, a request to rezone about 15.5 acres from agricultural‑residential to highway commercial for a proposed mini‑storage facility. Neighbor testimony on drainage, traffic and community character and the RPC staff recommendation influenced the vote.
Levy Court on Tuesday night voted to deny a rezoning request for a 15.5‑acre parcel near South Dupont Highway after sustained opposition from neighbors and a recommendation for denial by the county’s Regional Planning Commission.
Attorney John Pardee, representing the applicant and speaking at the public hearing, argued the application met the four legal criteria for rezoning under Kent County code: a change in neighborhood character, conformance with the comprehensive plan, adequate infrastructure, and compatibility with surrounding uses. He said the property could support sewer and water through Artesian and offered a voluntary deed restriction limiting future use to a mini‑storage facility.
The application drew strong objections from residents living adjacent to the site, who said the land is wet, regularly floods, and is currently preserved for agriculture. Caitlin Lister, who lives on Gunn And Rod Club Road, said she feared increased traffic and a loss of neighborhood privacy. Isaac W. Henry Jr. and John Saint Pierre described chronic drainage problems on the land and impacts to their homes’ sump pumps.
Commissioners questioned alternatives under the existing AR zoning, traffic and stormwater management, and whether approving a commercial zone would amount to spot zoning. Commissioner George Jody Sweeney asked what the owner could do under AR if the request were denied; Pardee said subdivision for up to four houses was the most likely use. Commissioner Hertz raised drainage concerns and asked how on‑site stormwater would be managed; Pardee and staff cited Kent County Department (KCD) stormwater regulations requiring on‑site management.
Commissioner Angel moved to deny the rezoning application LC25‑25, citing staff and RPC recommendations and a signed petition from area residents; Commissioner Hall seconded. On roll call the motion carried with five yeas, one nay and one abstention. Vice President Robert Scott abstained; Commissioner Sweeney voted in favor of rezoning.
The court’s action preserves the site’s agricultural‑residential designation and leaves any future development subject to existing AR zoning rules, utility availability and any private agreements the owner may pursue.
The court’s meeting packet identifies the ordinance as LC25‑25 and notes the Regional Planning Commission recommended denial; the county scheduled no further action on that application at this meeting.
