Kent County Regional Planning Commission Business Meeting - April 9, 2026

The Kent County Regional Planning Commission met on April 9, 2026 at 6:00 PM. Seven commissioners were present, establishing a quorum. The revised agenda and the minutes from February 12, 2026 were each approved unanimously. The commission then considered four development applications: Delmarva Power and Light (conditional use for electric station), Barrett's Landing (major subdivision for 244 lots), Lindberry Woods (final approval for 125 lots), and Mad Clay Homes (sidewalk waiver). Commissioner comments and adjournment followed.

Consent Calendar

• The revised agenda was approved by a vote of 7-0.
• The minutes from February 12, 2026 were approved by a vote of 7-0.

Public Comments & Testimony

No members of the public offered comments during the public comment period.

Delmarva Power and Light - Conditional Use Application C 2602

• Proposal: Request for conditional use approval for an electric substation located inside the Growth Zone Overlay District.
• Discussion: Commissioners noted that the applicant had answered all questions and presented well. A motion was made to recommend conditional approval based on the staff recommendation report and public hearing testimony.
• Outcome: The commission voted 7-0 to recommend conditional approval to Levy Court.

Barrett's Landing - Major Subdivision Application SL 2603

• Proposal: Major subdivision for 244 single-family residential lots on Barrett Chapel Road, within the Growth Zone Overlay District. John Falkowski of Becker Morgan Group represented the applicant.
• Discussion: Commissioner Mills expressed concern about school bus access and turnaround safety at the entrance. He suggested redesigning the entrance to include a horseshoe turnaround for buses. Mr. Falkowski offered options: using stub roads (which are wider than fire department requirements) as temporary turnarounds, or potentially using two front lots for that purpose. He confirmed the road widening planned for the frontage and that the developer pays into DelDOT's Transportation Improvement District for off-site improvements. Commissioner Davis expressed strong concerns about the safety of Barrett Chapel Road itself, stating the road is "not safe," has no shoulder for breakdowns, and that DelDOT has not included it in the review process. He said he would vote for the project but was "not happy about it." Commissioner Galvery asked to add a condition requiring a bus turnaround in the first phase. Commissioner Peterman questioned the waiver for crossing a blue-line stream and converting a borrow pit to stormwater pond, and noted that Kent Conservation District had approved the approach. The applicant agreed to incorporate the conditions.
• Positions: Commissioner Mills expressed support but requested improvements; Commissioner Davis expressed reluctant support due to road safety concerns.
• Outcome: A motion for conditional approval was made, including condition E requiring a school bus turnaround area at the entrance and/or road spurs along the first phase. The motion passed 6-1, with Commissioner Peterman voting no.

Lindberry Woods - Final Approval Application SL 24-01

• Proposal: Final approval for a 125-single-family-lot subdivision located in the Growth Zone Overlay District. The preliminary plan had been approved in September 2024.
• Discussion: The applicant had addressed all prior conditions and obtained all required letters of no objection. The plan was deemed fully compliant.
• Outcome: The commission voted 7-0 to grant final approval.

Mad Clay Homes - Sidewalk Waiver Application SLV 26-15

• Proposal: A 1.5-acre parcel for an office building on South DuPont Highway and Carpenter Bridge Road. The applicant requested a waiver from the sidewalk and frontage requirements, instead paying a fee-in-lieu to DelDOT.
• Discussion: Commissioner Davis moved to approve the waiver, noting the applicant would pay the fee-in-lieu. Commissioner Servon voted against the waiver.
• Outcome: The commission voted 6-1 to grant the sidewalk waiver, with Commissioner Servon dissenting.

Commissioner Comments

• Commissioner Galvery queried whether current development patterns aligned with smart growth principles. Staff responded that Kent County's Growth Zone was a way to concentrate development, making it easier to build inside and harder to build outside the zone, and that the philosophy of smart growth was being pursued.
• Commissioner Davis expressed personal concerns about the pace of development: roads (specifically Barrett Chapel Road) are unsafe, schools are overloaded, fire departments cannot handle the growth, and the county needs more parks and recreation. He stated he supports the Growth Zone concept but feels DelDOT is not doing its part in long-range planning and road improvements.
• The chairman noted that new agenda management software (Granicus) would be rolled out, providing commissioners digital access to agendas and documents. Staff reminded commissioners to sign up for accounts before the link expires; hard copies of plans will still be provided.

Key Outcomes

• Delmarva Power and Light: Recommended for conditional use approval by Levy Court (7-0).
• Barrett's Landing: Granted conditional approval of preliminary plan, with added condition for school bus turnaround (6-1).
• Lindberry Woods: Granted final plan approval (7-0).
• Mad Clay Homes: Granted fee-in-lieu sidewalk waiver (6-1).
• The meeting was adjourned by unanimous vote.