And then we're so treat that block and we wouldn't have four meetings for the time.

Well we are like that.

Oh, come on up.

Yeah, that's why it was given us in the next part to sell.

Johnny will solve how it's been all this.

I wish we did this.

We were keeping on the school.

We were keeping on our side.

Yeah, we might have to serve the code section.

This meeting is being transcribed and summarized.

Oh, I just work with halfway.

Oh, okay.

Okay.

It's now six PM.

I'd like to call to order the Kent County Regional Planning Commission business meeting for April the 9th.

And as customary, we always do the pledge, and I'll ask Mr.

Servon if he lead us in the pledge, please.

Good evening, sir, and I'll come to you now for a roll call and determination of quorum.

Mr.

Peterman.

President.

Mr.

Sarvan.

Present.

Mrs.

Carter.

Present.

Mr.

Galfrey?

Here.

Mr.

Mills.

Present.

Mr.

Davis.

Here.

Mr.

Jester.

Here.

So you have seven present.

You do have a quorum.

You also have the revised agenda in front of you.

If there's no other changes and all, and entertain a motion and a second to approve.

Second.

I have a motion and a second call to commission.

Mr.

Peterman.

Yes to approve.

Mr.

Servon.

Yes to approve.

Mrs.

Carter.

Yes to approve.

Mr.

Galvery.

Yes to approve.

Mr.

Mills.

Yes to approve.

Mr.

Davis.

Yes to approve.

Mr.

Jester.

Yes to approve.

So you have seven years in favor of approving tonight's agenda.

Thank you very much.

Now we're going to go down to the approval of the minutes for February the twelfth, twenty twenty-six.

How come it says draft on here, sir?

I don't think I've seen that before.

Because until they are approved and signed their draft.

Okay, it's just a little bit different way to present it.

Okay, you've all had time to look at the minutes and read them if there's no corrections and all, entertain a motion and second to approve.

Make a motion to approve.

Second.

I have a motion and call the commission.

Mr.

Peterman?

Yes to approve.

Mr.

Sarvon.

Yes to approve.

Mrs.

Carcher?

Yes to approve.

Mr.

Galfrey.

Yes to approve.

Mr.

Mills.

Yes to approve.

Mr.

Davis.

Yes to approve.

Mr.

Jester.

Yes to approve.

Sir, you have seven A's in favor of approving the minutes of February twelfth.

Next on our agenda sheet, you can see what Levy Court did.

And if you have any questions about that, you can uh contact staff.

Seeing no old business, I'll get into the business for tonight's meeting.

First on the our agenda tonight is Delmarva Power and Light request for conditional use approval for an electric station located inside the Growth Zone Overlay District.

I think they answered all of our questions and did a great presentation.

So I'll turn it over to commissioners.

Would somebody like to make a motion?

Motion.

Mr.

Mills.

I moved to Regional Planning Commission to recommend conditional approval of application C 2602.

An electrical subdivision located inside the Groove Zone Overlay District.

This is based on exhibit A staff recommendation report dated April the second, twenty twenty-sixth.

Exhibit B, public hearing testimony dated April the second, twenty twenty-sixth, and the findings of the facts that A.

The parcel to zone IG General Industrial, which in which two oh five-fifty-three permits on electrical substation as a conditional use.

The application complies with all conditions for the use.

Second.

Mr.

Peterman.

Yes to approve.

Mr.

Servon.

Yes to approve.

Mrs.

Carter.

Yes to approve.

Mr.

Galver.

Yes to approve.

Mr.

Mills.

Yes to approve.

Mr.

Davis.

Yes to approve.

Mr.

Jester.

Yes to approve.

So you have seven A in favor of recommending conditional approval of application C 2602.

Thank you all so much and good luck with your project.

Next on the agenda tonight, it's Barrett's landing.

It's a request for a major subdivision approval of a 244 single family lot residential development located inside the growth zone overlay district.

Are you you're going to represent him?

So were you sworn in last week?

I was not.

Okay, so I'll try to do the best I can.

Huh?

Okay, he can go ahead and swear.

If you'll give us your name, sure.

Um John Falkowski of Becker Morgan Group, Civil Engineer, uh 309 South Governors Avenue, Dover, Delaware.

Mr.

Falkowski, do you swear or affirm that the testimony you're about to give is the truth?

I do.

Thank you.

I think commissioners have a couple questions, as I do here.

But I'm going to turn the first question over.

I think Mr.

Mills is asked me about he would like to speak to you or ask some questions about what's on the you've turned over to us.

Yeah, and the question I have in reference to the entrance going into the development, and I appreciate you putting in the um uh exit entrance for um uh construction equipment separating them from where school was, but there's still a little issue.

I talked to uh a contractor today in the Lake Forest District that goes right in this area.

And we got the buses going in, but we need a place for them to turn around right there.

Just today for the kids that are going to be getting on the buses in the early stages of the of the project.

Now the reason for that is because if you go down the road here a little bit, Buffalo Road, just down a little ways.

Any bus going into high point trailer park, coming around on the uh you might say the east side over the old route one route one third, they have to unload on the door side.

They cannot load.

So in other words, if those buses loaded those kids uh the way it's designed now, they've got to go past, take that entrance over to that uh service road, it goes over to the road.

Then they're coming up in front of the high point, they cannot unload.

And then uh so that means they gotta if they load kids here, they've got to get turned around.

Go back to Buffalo Road.

And like I say, I'm not against this development, but uh I think it could be redesigned a little bit better and safer and on the beginning because buses can't go in these developments until the second second um black top is finished on the road.

So you know I'm suggesting that the where those first two houses are that it'd be widened or taken out, and a horseshoe entrance put there.

That's my concern about is just getting these kids on and off this these buses.

That's a narrow road there on Barrett Chapel Road.

Now I don't know what Del Dot's going to do to widen it.

I you know, don't tell us anything in here except they say they're not going to do it, do anything.

But I'm just concerned about that right there.

And I think we need to try to redesign that because it is there's been other developments come up here that have done just exactly what we're talking about.

Redesigning the entrance so a bus could go in and turn right there and come back out.

And go either way they need to go on the on the in this case on Barrett Shapel Road.

Sure.

No, that's a valid concern.

Um one of the thoughts we had, the additional exhibit we provided with the green shaded area is phase one.

That was simply to show that we could get to the rear bus stop if needed as the communities built out in first one phase one.

Um but the thought was you'll see the the stub roads for the vertical roads on the plan, and they're also within the green shaded area.

The thought is that any one of those four stub roads would be used as a turnaround.

And those are more than wide enough.

They're they are about double the size that the fire department requires for a turnaround.

Um, and those could be used for the bus to turn in back out and basically make a three-point turn and turn out.

That's that's one option.

I'm not saying that's the final option, but that was one thought.

Um another thought was exactly what you said that where the two lots are in the front that could maybe be used instead of the first model home.

Maybe up front that's a a turnaround as well.

So there I think we have some options, but certainly want to get bus traffic off of Barrett's Chapel and be able to turn around safely within the subdivision separate from the construction traffic.

So you will provide a place for the bus to go in right at the entrance, get turned around, and come be able to come back out onto Barrett Chapel Road.

Or go up to one of these.

Or go up to one of these other streets and turn around.

They will be finished on the beginning of the beginning of this project.

Yes, those four stub roads you see that go off the top.

We'll build the could you possibly put put your finger down here on put the pointer, Mr.

Mills, watch where where he goes, he's talking about zoom in too.

So yeah.

So you've got one there, we would basically build we would basically build that that stub there long enough for a bus to come in, turn around and leave.

Or you could do it on these two lots.

There's a couple different options.

But these are 26-foot wide roads, um, certainly wide enough for a fire apparatus or a bus to turn around, and we'd make it long enough so that the bus could, you know, get in fully back out and turn around.

Thank you.

And then as far as the road widening part of your question, uh we will be widening the road as part of our project to accommodate right turn lanes, left turn lanes, a bike lane, and a shoulder.

Is that okay, Mr.

Mills?

Yes.

I got it.

I think Mr.

Davis had some quotes he wanted to say too.

I guess you uh probably uh received the copy of a letter by Adams, who I think is here this evening who sent a great letter.

Have you had a chance to read that?

Yes.

What are your thoughts about the ditch?

Say uh considered a uh blue launch thing.

Yes.

So we did request the waiver to replace to basically put a culvert under the road where we have the one crossing.

Um that is the only pipe we're planning on placing in the ditch that would potentially restrict drainage coming from your property down through that ditch.

Um it will be certainly sized large enough for hundred-year storm and plus.

Um right now it should be there's actually a pipe lower downstream.

There's a small farm culvert that was put in many years ago, I assume, for farm access.

And that's why this pond exists that um he referenced in his testimony last week.

Um that pond exists because there is a downstream constraint on the discharge side of that pond, and that pipe is much smaller than any pipe we'd place under the road crossing.

So anything we do will not restrict drainage from his his property and further downstream.

Any restriction is existing.

Okay, thank you.

Um it looks like I'll probably end up voting for this.

But I I have to tell you, um, it looks like you're going to a uh shoulder on uh bearish childhood road in front of your subdivision, right?

Correct.

The the problem I'm having with that road, not just your property and development.

And it's not your fault, but you can't even pull if you have a flat tar, you cannot even pull off the road to change your tar, and it's a safety issue.

Now, if they if they get lucky and break down in front of your place, that's fine.

You got it taken care of.

But I don't understand why we're letting all these developments go on Baris Chalpa Road until the state comes out and fixes the entire road.

I would think that every developer would certainly support that.

Because I I was down there just the other day, and I just think it's terrible.

I mean, you meet the code, so obviously I got and you you've answered Mr.

Mills' question, and he's happy.

So I'll be voting for it.

But I'm not happy about voting for it.

Because there's a lot of traffic on that road.

And you've done your part as far as the shoulder, but it's about time that somebody wakes up before we have a lot of bad accidents down there.

So thank you for the construction entrance and thank you for correcting the problem.

The school buses I appreciate that.

Thank you.

No problem.

And just as it relates to the if I if I can add to that if you don't mind, um, we are widening our frontage, but the remainder of the roads uh we're also paying into Dell Dot's uh transportation improvement district.

Um so that TID is actually that will handle the rest of the roads that aren't widened.

I understand it won't be happening at day one, uh, but the developers need to pay into that TID system for it to be operational, and then those funds will go directly to widening those roads.

Well, what's that interesting about that road itself talking about the entire road?

Is that Mr.

Adams contacted Dell Dot according to his letter and you've read it?

That's not even in the review process.

And we continue letting development on that road.

That road is not designed for that type of traffic.

And somebody is going to get hurt on that road.

I mean, I knew it because it's in our fire district, but I went down another day and look at the whole thing.

And uh nothing against what your company is doing.

But somebody needs to wake up and look at the big picture and stop doing these little developments here and there.

It's not good for public safety, but I thank you for your cooperation.

Thank you.

Thank you, Mr.

Davis.

I think Mr.

Gauvery's got a question.

Yeah, it's actually the staff end to you.

I um if I understand you correctly, you you've you've agreed to provide a bus turnaround in the area of the entrance or one of the spurs on the on the initial development phase of the project.

Correct.

So can I add that as a can we add that as an E?

I would certainly encourage you to add it as one of the conditions when you make the motion.

But would it be E?

We have we only go to D, so I'm just Then Yes, it would be E.

That would be fine.

Okay, thank you very much.

I have a question out on your road, being your typical section don't look very when you're when you upgrade the road out there with the shoulders and all and you're you know getting close to these people's houses.

If they're already maintaining in front of their house and mowing the ditches, is your typical section going to be and the taper going to be so that they can still maintain their ditches with riding mowers and all, as they are presently doing?

Yes, any area that will remain open drainage, like a ditch that you mentioned that he currently maintains in mows.

Um require that to be a four to one six to one front slope and a four to one back slope.

Those are both mowable slopes.

In the case where we would not be able to meet those minimum grades, we would change it to a closed drainage system.

So we would actually curb the frontage along that side of the road if we're that close, and and collect the drainage another way so that you don't have unfavorable slopes.

I wanted to make sure that because I know Mr.

Adams had that, and there was a couple other questions about that too.

But I really appreciate all you've done and what you answers you've gone to got tonight.

I know why Mr.

Riemann didn't come so we wouldn't have to go to Mike tonight.

That's why it was uh next time I see him, I guess I'll have to be in a family engagement tonight.

He would love to be here.

But does any other commissioners have any questions, Mr.

Peterman?

I have a question on that blue line stream because you want to waiver uh to approve the allowing of existing borough pit to be converted to a stormwater infrastructure.

And then my question is you got it to where it's gonna be.

My question is you got it that you want a 30-foot setback from the residential partial uh line and only a 35 foot setback from a residential dwelling.

Have you talked to Denarek or the Corps of Engineers or to School Conservation?

Do you have anything that's approved back?

Because I don't see anything that uh yes, I think uh Mr.

Pardee handed a letter out to you last week at part of the packet.

Uh, we did reach out to Kent Conservation District, and they sent a letter basically recommending approval of the waiver that they agreed.

That was a suitable offset and it was more than they require.

And how d how deep is that pond?

Um it varies.

It's a very odd borrow pit shape.

I I'd say it's six to eight feet deep right now.

Six to six to eight.

I'd have to pull up the plan, but I believe it's about six to eight foot deep, but it would be converted to uh a wet pond meeting conservation districts standards, and those those would be about a four to five foot deep permanent pool with a flat.

You don't fill part of it in.

If it's deeper than that, yes.

So it it would be it would be about a five foot deep permanent pool, a flat safety bench we'll need to construct in it, and then uh about a three-foot permanent pool.

And you said is soil conservation is okay with that?

Yes, and I believe we set back.

And we submitted a letter from them for the record.

You should have that if Sarah hasn't provided.

Yes, you do have it.

Okay.

Okay, that's all I my question is.

Thank you.

Are you good, Mr.

Peterman?

No.

I'm finished.

You're good.

Mr.

Servant or DD, you got any questions?

Everybody else satisfied for all the comments.

Once again, I really thank you for coming back to the mic because customarily I don't let all anybody up, but I know I wanted to hear you tonight because we beat up on Mr.

Riemann last week.

Thanks again for your time.

Thank you.

Seeing none, I'll turn it over to commissioners.

Would somebody like to make a motion, Mr.

Gauvery?

I move that the Regional Planning Commission grant conditional approval of the application SL 2603, Barrett's Landing, a preliminary plan for a 244-lot single family residential subdivision located inside the growth zone overlay district.

This is based on exhibit A staff recommendation report dated April 2nd, 2026.

Exhibit B, public hearing testimony dated April 2, 2026.

And the findings of fact that A, the subject site is zoned, AC Agricultural Conservation, in which a single family residential subdivision is permitted use.

B, the application complies with the Kent County Comprehensive Plan, future land use map.

C, the applicant agrees to incorporate recommendations one into the final plan and reconfigure the lots to be located outside of the wetland and blue line stream buffers.

D, the applicant agrees to petition Dell DOT to permit a secondary emergency access and provide an exhibit demonstrating where such entrance could be located.

E.

The applicant agrees to provide school bus turnaround area at the entrance and/or road spurs along the first phase development area.

Pursuant to Chapter 205 of the Kent County Code and pursuant to 9 Delaware C, subchapter 4802 and 4811.

The Commission has reviewed the applicant application and furthermore, as part of this approval, the applicant shall comply with all staff and agency requirements and planning staff recommendations as described in the April 2nd, 2026 staff recommendations report, including but not limited to the following conditions.

A the waiver from subchapter 187-77.c and subchapter 187-77.d is granted to permit a roadway crossing at the southeastern portion of the site.

B the waivers from subchapter 187-77.d and 187-78.b to are conditionally approved to permit the proposed walking trails, providing the trails are installed as a hard surface that meets ADA accessible requirements.

C, the waiver from subchapter 187-77.d is approved to allow the existing borough pit to be converted to stormwater infrastructure.

D, the waiver from subchapter 187-53-1.4 is granted modified approval permitting the stormwater management ponds and basin to be set back 30 feet from the residential partial lines and 35 feet from the residential dwellings setback lines to allow for a buffer and areas for maintenance of the stormwater management ponds and basement basins.

E.

The waiver from subchapter 187-58.

Lack of available street subs stubs in the adjacent subdivision.

Second.

I have a motion.

Do I DD?

Second.

I have a second.

Sarah called the commission.

Mr.

Peterman.

No.

Mr.

Sarvon?

Yes to approve.

Mrs.

Carter.

Yes to approve.

Mr.

Cauvery.

Yes to approve.

Mr.

Mills.

Yes to approve.

Mr.

Davis.

Yes, to approve, including the bus situation.

Mr.

Jester.

Yes, to approve, including all the additional statements that we heard tonight for guaranteeing to get the get it done correctly.

So you have 6A S1A in favor of granting conditional approval of application SL2603.

Good luck with your project.

Next on our agenda tonight is Lindberry Woods request for final approval for 125 single-family lots located inside the Growth Zone Overlay District.

They were actually to us back on September the 12th, 2024, and we give approval of their final preliminary plans.

They also got all their letters they were supposed to get.

And I guess, sir, they they addressed all the comments we had at the meeting.

It is a fully compliant plan.

Anybody else have any questions about?

If not, I'll entertain a motion.

Denise.

Okay.

I move excuse me.

I moved that the Regional Planning Commission grant final approval of application SL 24-01.

125 single family lot subdivision located inside the growth zone overlaid district.

The plan complies with all conditions of approval and all applicable letters of no objection to recredation have been submitted.

I have a motion.

Do I have a second?

I second.

Mr.

Servon.

Sarah called the commission.

Mr.

Peterman.

Yes to approve.

Mr.

Servant.

Yes, that's per the motion.

Mrs.

Carcher.

Yes to approve.

Mr.

Godfrey.

Yes to approve.

Mr.

Mills.

Yes to approve.

Mr.

Davis.

Yes, to approve promotion.

Mr.

Jester.

Yes, to approve.

So you have seven Asi in favor of granting final plan approval of application SL2401.

Thank you all, and good luck with your project.

Next on our agenda tonight is Mad Clay Homes.

It's actually plan number and title SLV 26-15 Med Clay Homes LLC.

It's 1.5061 acres located on the southeast corner of South DuPont Highway and Carpenter Bridge Road, North of Harrington.

The owner operate the owner applicant is Mad Clay Homes, 4469 Park Brown Road, Arrington, Delaware.

Zoning District is BG and AR.

Present use is vacant.

Proposed use is an office building.

Relation to the growth zone is inside Levy Court is a six.

Mr.

Mr.

Hertz.

And uh I don't think we're does anybody have any questions about this particular project or anything?

If not, then I'll be looking towards a motion to uh to either prove or whatever.

And I think he actually actually asked for a waiver on the sidewalk also.

Mr.

Davis.

Thank you, Mr.

Chairman.

Um the Agent Plan Commission approved the waivers from 1876 A and 1876, requiring fournage and connecting sidewalks as a developer will uh instead pay the fee in lieu of the sidewalk installation department transportation.

So I agree that we go in the waiver.

I have a motion.

Do I have a second?

Second.

Mr.

Peterman made the second.

Sarah, call the commission.

Mr.

Peterman.

Yes to approve.

Mr.

Sarvon?

I vote no.

Mrs.

Kircher?

Yes to approve.

Mr.

Crawfry.

Yes to approve.

Mr.

Mills?

Yes to approve.

Mr.

Davis?

Yes to approve.

Mr.

Jester.

Yes to approve the waiver.

So you have six A's, one nay in favor of granting the sidewalk waiver for application SLV 2615.

Thank you all, and once again, good luck with your project.

Next we have on our agenda public comment.

I guess we won't have any comment.

Any other commissioner comments?

I want to say these.

Just in looking over that very heavy plan that I brought back.

It really got me thinking of two decades ago when all we heard about, and that was back when I was able to actually go to conferences and all and learn even more.

Um about smart growth.

And I'm thinking, this is not what I was hearing about in the aughts.

This was this we're this is part of smart growth.

But we're not achieving the smart the I I guess well, the ideal smart growth that I learned about back in the aughts.

I just I'm just want your opinion on that.

That is a very broad question, and you're not defining your terms.

Smart growth is a sales pitch.

Um communities started using to better control growth and to sell the idea of controlling growth, they called it smart.

Um I would suggest that Kent County, if if you look at the development trends, right?

Not a whole lot happened until we started seeing a lot of speculation starting in 2002.

And we started seeing a lot more subdivision.

And that stopped immediately in 2009.

Most of those didn't even get built.

Um then we're slowly seeing an uptick now.

Nothing like we saw during the boom, but something more steady.

But in that meantime, Kent County established a growth zone and said this is where everything is going.

And by and large, that's what we're seeing.

It it doesn't look like it doesn't look like you would see in a town or a city because you've got a much more confined space.

Our growth zone is very large.

Um but with the growth zone and creating paths to make it easier to build in the growth zone.

Levy Court also made it much more difficult to build outside.

So I would say the philosophy of smart growth.

I I do think we're going in that direction.

Well, and and I'll tell everyone else here what I've already said to Sarah.

If they ever try to increase the growth zone, you can say adios to me.

Thank you, sir, for that explanation.

Mr.

Davis, you got something we want to say?

Well, you know, I I I support the growth zone.

But I think the county, this is my personal opinion.

We'll put in two, three, four hundred houses.

In this particular case, that's not a safe road.

And I don't know, we've created a good thing, but it's not a safe thing.

And it's not the county's fault, it's the Department of Transportation.

And they're not doing any long-range planning to encourage people to go to these roads that are not safe.

That road's not safe, I can tell you.

There's no there's no place to pull off.

You need a flat tar, you're stuck on a road, and somebody's gonna get hit one of these days.

It's gonna happen.

So I just think I think we're moving too fast in this county.

They're building these houses right and left.

The school districts are overloaded, the fire departments can't handle it.

The county needs more things like parks recreation.

And we're moving too fast.

I just wish it would be a way that we can accommodate the growth zone, but in a more meaningful way, as far as all this development and the traffic issues that we're dealing with.

That's my personal opinion.

Uh and I I support the growth zone.

It's a good concept.

I'm not against it.

But we keep putting houses and houses and houses, and we're not looking at the roads.

And Dell Dot ought to be doing a little bit more on their end, not the county.

So the county's job.

That's my comments.

Thank you.

Thank you, Mr.

Davis.

And I think we've seen how Delda was one time when we tried to widen the roads and the developments, and they just summed their nose at us.

So uh there's a lot of roads that's like that.

I mean, we've we've approved developments on peach uh was it a road that goes off of Irish Hill and goes north.

I mean, we've reposed developments there and all there.

There's not enough room there for anything, so uh all that stuff.

Uh, the what I did want to mention though was in your to in our email that we recently got, we actually have new software that we're gonna be using.

And would uh Mark or you would like to would you like to comment on it before because you're gonna send us some extra information, correct?

We've sent you some reminders.

The the software we're using now uh through Granicus is an agenda management system.

So you'll have access through the web to the agenda and all of the supporting documentation for each application.

But to get you set up, we need to invite you individually to sign on to the system.

We will send you a link to do that, but that link expires.

So we don't just want to blast it out.

We want to hear from you when you're ready to log on, and we'll invite you in.

And then you can see everything ahead of time.

And it will be available to you at the dais as well.

Yeah, because I had already tried it when you told me a couple months ago and you sent me a link.

And what I like about it is if we have any notes we want to make, we can actually write notes on this software that we can look at for our meeting and let us remind instead of having to do it with pencil or something.

You can also in the attachments that you pull up, you can notate on those as well for yourself.

But we can still print everything off.

And you're still going to give us hard copies of the plots of uh the housing development, right?

You're still you'll absolutely still get hard copies of the plans.

We do not expect you to read those on a normal laptop screen.

Good.

I just wanted to verify that.

So you want to say something, Denise?

No, I have another question.

So we're sent a link.

Are we supposed to be on the phone with someone from here while we're working on the we just want to know that you're available to log on because the link will expire, and we don't want to have to keep sending that.

That's all.

Yeah, they send that to you, and then you set it up with your own passwords and more passwords for you to remember.

So that's the way it is in this world.

So any other commissioners have any comments?

Any other business before the commission?

Seeing none, I'll entertain a motion to adjourn.

Motion to adjourn.

Second.

Mr.

Peter made a motion and Mr.

Servant second it, so call the commission.

Mr.

Peterman.

Mr.

Sarvan.

Yes to adjourn.

Mrs.

Carter.

Yes to adjourn.

Mr.

Coffery.

Yes to adjourn.

Mr.

Mills.

Yes to adjourn.

Mr.

Davis.

Yes to adjourn.

Mr.

Jester.

Yes to adjourn.

Thank you all for coming.