Kent County Regional Planning Commission Meeting - July 2, 2026
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
But the uh records are not a good thing.
Well, no, we're happy with the original.
This meeting is being transcribed and summarized.
Yeah, it might be while I wouldn't like something better.
So you're looking at some of the visual version.
Oh, we can't.
Yeah, but then we're just thinking, yeah.
But I'm not sure.
It's now six PM.
I'd like to call order the regional Kent County Regional Planning Commission meeting for July the 2nd.
And as customary, we will start with a pledge.
And Mr.
Galvery, I'd ask you if you'd lead us in pledge, please.
And as you all know, this is going to be our 250th anniversary weekend.
I hope you all have a great time to celebrate.
Sounds like it might be a little warm, so I don't know.
What happened with that?
But if you look at the cameras on Route 1 now, everything is stopped up and everybody coming south and going to the seashore.
So I guess I'm going to go home and stay on my farm.
We'll now get on to Sarah and we'll do for roll call and determination of quorum.
Mr.
Peterman.
Present.
Mr.
Servan.
Present.
Mrs.
Carcher.
Present.
Mr.
Galfrey.
Here.
Mr.
Mills.
Present.
Mr.
Davis.
Here.
Mr.
Jester.
Here.
So you have seven present.
You do have a quorum.
Thank you very much.
Commissioners, you all have an agenda in front of you.
If there's no changes, additions, or corrections.
I'll entertain a motion and a second.
Move to accept.
Second.
I have a motion by Mr.
Gauvery, a second by Mr.
Mills.
Call the commission, please.
Mr.
Peterman.
Yes to approve.
Mr.
Sarvon.
Yes to approve.
Mrs.
Carter.
Yes to approve.
Mr.
Gauver.
Yes to approve.
Mr.
Mills.
Yes to approve.
Mr.
Davis?
Yes to approve.
Mr.
Jester.
Yes to approve.
So you have seven is in favor of approving tonight's agenda.
Thank you very much.
And sir, I'll be coming right back to you now for the introduction and public hearing instructions.
Thank you.
This public hearing is being conducted for the purpose of giving the citizens of the county the opportunity to present testimony on the applications before the planning commission.
Everyone will have a chance to speak.
All statements are to be made from the podium at the front of the room.
All testimony given shall be sworn or affirm.
For the record, please give your name and address.
Copies of any written statements or exhibits used during the hearing should be presented for identification and inclusion in the record.
The record will remain open for two business days following tonight's hearing.
For each application before the commission, the chairman will introduce the application.
Then the applicant or representative will be given 15 minutes to present the application.
Following that, those in favor of the application will be allotted five minutes each to speak.
Then those opposed to the application will be allotted five minutes each to speak.
When everyone has had an opportunity to give testimony, the hearing on the application will be closed.
No decision will be made by the commission tonight.
The commission will hold a public business meeting next Thursday, July 9th at 6 p.m., at which time it will make a decision on the applications heard tonight.
All information of record will be considered.
Anyone may attend to the business meeting, but no new testimony will be received.
The public notice of this hearing was published on June 10, 2026 in the Delaware State News.
And the Kent County Levy Court will hear these applications with the exception of the subdivision application on Tuesday, July 21, 2026 at 7 p.m.
Unless tabled by the commission or withdrawn prior to the levy court hearing.
The levy court also meets in this room.
Mr.
Chairman.
Thank you, sir.
I appreciate it very much.
And I forgot to ask you as we start this meeting.
If you have a telephone or electronic device, you either silence it or maybe turn it off so it won't destroy us at our meeting.
So also the commissioners tonight have also had requests by our the one that drafts our minutes that I need to recognize you when we're making the motions and doing a second.
It won't be that much tonight, but if you do have a question and you want to ask it over the one at the microphone, please just raise your hand and I'll identify you so she'll know who you are.
So I thank you for that.
We'll now get into the public hearing.
First one is application C 26-04.
Applicant and owner is Bianca and Tyrell McCoy.
178 Elmcrest Lane, Felton Belaw.
Zoning District is AC inside the Growth Zone District.
Present use is residential.
Proposed use is the same with a daycare facility.
Levy Court Commissioner is Mr.
Scott.
School district is Lake Forest.
Fire district is Federicus.
3-1 acres on the north side of Elmcrest Lane in the development of West Weatherstone Crossing.
Is there someone here to represent this?
I ask you when you come to the mic that there you give us your name and your address, and our attorney will either affirm you or swear you in.
Hi, I'm Bianca McCoy.
This is my husband's Tyrell McCoy.
We are at 178 Elm Crest Lane in Felton, Delaware, 1994.
And do you both swear or affirm that the testimony you're about to give tonight will be the truth?
Yes.
Yes.
Thank you, Bill.
Good evening.
My name is Bianca McCoy, and this is my husband's Tyrell McCoy.
I am requesting approval to operate a licensed family child care program from my home.
I am opening Kids Our Foundation Academy to provide a safe, reliable child care for families in our community.
Many locals struggle to find quality child care that meets their needs.
My goal is to provide a safe, nurturing and educational environment where children can learn, grow while parents are at work.
I understand the concerns that neighbors may have regarding traffic noise and safety.
I have developed an operations plan to ensure that the daycare operates responsibly and respectfully within the neighborhood.
Child arrivals and departures will be staggered as much as possible.
Parents will be instructed where to park and where not and not to block driveways or roadways.
Children will remain supervised at all times while arriving and departing.
Outdoor play will be conducted in a safe and controlled manner.
The program will follow all Delaware child care licensing requirements, including supervision, emergency preparedness, health and safety standards, and staff training requirements.
The daycare will serve a limited number of children as permitted by the Delaware licensing regulations.
This is not a commercial center, but a small family child care program operated from my residence.
I am committed to being a good neighbor and maintaining the apparent safety and character of our community.
I believe this program will provide an important service to all local families while having minimal impact surround on the surrounding properties.
Thank you for your time and consideration.
I respectfully ask the board to approve my application.
Thank you very much.
It sounds you're very well prepared.
Yes.
I do have a couple of questions.
Do you agree with all staff recommendations?
Yes.
And your hours of service for this particular home daycare?
8 a.m.
to 8 p.m.
Seven days or six days a week?
Five days.
Monday through Friday.
Just Monday through Friday.
Yes.
Okay.
Thank you.
Thank you very much.
You're welcome.
Does any uh Mr.
Gaufrey?
Um just a couple questions.
Um the age group, I think it was nine, the maximum is going to be nine students at any one time.
Is that what that is the maximum?
But for me reading the Zelaware, um, it would be eight.
Um, because zoning and of course Delaware licensing are different.
So when I spoke with licensing um because of my square footage, they were only saying eight, and that is with after school, meaning they will only be there part-time.
And the age group tends to be six weeks to twelve years.
Okay.
And the the last question is is that uh one of the um one of the letters that we received in opposition had to do with uh couple that had retired and and and so my question really is because I I do think that we need more um daycare facilities.
And so I I my question is is the composition of the community that you live in has sufficient number of children within the age group that you're going to be addressing where if they so choose, they could come to you, or is this primarily a retirement community?
So, no, this is actually a family community.
If you come, it's kids riding our bikes.
We have a playground, which is literally a block from my house.
It's kids of all ages.
I've actually had we have a Facebook group.
I've actually had three parents reach out to me because on the Facebook group, everybody was asking, they were asking, do you know any child care centers around because the ones we've looked, they're all um full and it's a waiting list.
And I said, Well, I'm working on trying to get one open.
So they're saying, Oh, well, when if you get open or win, please let us know because it's a waiting list and it's it's none available.
So that was really my goal.
I'm like, I I I've worked in child care and for education for over 20 years, but back in Pennsylvania.
So this will be my first time in Delaware.
So I feel I feel like it was a calling when I seen that, and I told my husband, I said, Oh my gosh, they're asking about child care.
Do you think we should look into it?
Do you think we should look into it?
And he was like, you know that you're calling you been in child care for 20 years.
I don't know why you're questioning God.
So that's great.
I so I mean, basically, if you live in this community, having children running around isn't something that should surprise you.
No.
No.
Our neighbor has three children.
The two the neighbor, two doors down, his grandkids are over, they go in the pond and um fish all the time.
They go in the pond and um fish all the time.
So it's a community.
It's a family community.
It's not a retirement community.
I do understand that, you know, older you you you want to go to a more settling community, but unfortunately, our community is a family community.
It's not a retirement, and there's kids all around, all around.
Great.
Thank you very much.
You done, Mr.
Govery.
Mr.
Peterman.
Are these kids gonna be in a house all day long?
This is in the household.
It will be in home, yes.
Do you have a yard from the you have a fenced in yard?
I do have a backyard.
I don't have a fenced in backyard.
What I do have is it's called an um privacy screen.
I don't have a fence, but it's a privacy screen where no one will be able to see the children.
So they will be in a an area where they are pretty much a screen screened in from my back door to outside.
Thank you.
Yes.
Any other questions for the commissioners?
If not, we thank you very much.
Thank you.
Very well prepared.
Now I'll ask, is there anyone else here would like to speak in favor of this uh application?
Third and final call.
Is there anyone else here in favor of this application?
No.
Can you hear me?
Is there anybody on the phone?
Can you hear me?
I'm on the phone.
Can you hear me?
I guess you'll have you.
I am on the phone.
Can you hear me?
Yes, we can.
Okay.
What is the address for this daycare?
What'd she say again?
What is the address for this daycare?
178 Elmcrest Lane in Felton, Delaware.
Okay, thank you.
Thank you.
Is there anyone else on the uh on the phone that's in favor of this application would like to speak?
If anyone here that's against this application would like to speak.
Anyone else against this application would like to speak?
Is there anyone on the phone that's against this application would like to speak?
There is no.
Okay, because when I ask you that, you just answer that question, and I'll know.
Okay.
Okay, being we have no other questions for or against this, that we'll be taking this application up at next week's meeting.
Thank you all very much.
Our next application and ordinance for tonight is LC 26-10.
And CZ 26-02.
Owner and uh applicant is Joseph Lewis the Fourth and Christina L.
Taylor, 2940 Hammond Road, Harrington, Delaware.
Present zoning is AR.
Compact is designation.
There's low density residential.
Proposed zoning is BN for type neighborhood structure.
Growth zone is outside.
Levy Court District is a six, Mr.
Hertz.
School district is Woodbridge.
Fire district is Farmington Station 47.
Is there someone here to represent this application?
No problem with that.
As long as she don't let you go and roll down there, I guess we're okay.
Well she does that call the handles.
I don't know.
Can you pull that mic down if you wanted to give us your name and address?
Whoa, whoa, whoa.
Or you have I think he's gonna give you another microphone.
You have to give us your name and address and be either sworn or affirmed by our attorney.
Joseph Taylor, 2940 Hammondtown Road, Harrington, Delaware, 1995.
And do you swear from that the testimony you're about to give will be the truth?
Yes.
Thank you.
Go right ahead with your presentation.
Okay, so my wife was running uh an antique store in Harrington for over a year.
And in a bad run-down building, having trouble with the landlord.
So we came up with an idea to make the farm more profitable to put the antique store on the farm and incorporate it with the farm as selling antiques to draw the people in, selling farm products, you know, along with the antiques, which was going to be you pick strawberries, pumpkins, moms, that that kind of thing.
And we did it.
I looked at the codes, it was under my understanding we were allowed to do this on our farm, because a farm is a business.
But I've been told otherwise.
So under the county's objection, I'm here to, you know, have this zoned as retail or commercial.
So I'm taking a one-acre lot off my farm to now make it commercial right next to my house, which I'm not too happy about, but anyway.
Um that's the gist of the story.
Anything else you'd like to say?
Uh that business supports 58 vendors that sell antiques in there.
Umderly.
We've heard nothing but good news from the people that's been in there already.
Love the store, best one in the state, best one on the east coast, somebody said.
And you said you're gonna sell agricultural stuff or supplies.
What can you define define what that is?
Uh eggs for one, we've been selling honey, firewood cut off the farm, and we're in the future we're gonna put you pick strawberries in the back, pumpkins and that sort of thing, maybe mums.
You wasn't thinking about putting anything like fertilizing chemicals and that kind of stuff, correct?
No, no, no, no, no, no.
Nope, nope.
Just uh vegetables, flowers, that kind of thing.
Okay, I'll open it up to the commissioners, Mr.
Garvey.
Yeah, um so currently what what do you farm on this land?
Uh soybeans, corn, small grain crops, but that will not support the farm.
So mostly feedstock, so what you're going to be putting in this store would be something that you're going to grow in addition to what you normally grow, or something that you're going to be bringing in from outside?
No, something we're going to grow on the farm in addition to the corn and soybeans and you said that you were operating for a while um out outside of outside of the the code which brought you here tonight.
Yes.
Um I'm just curious to how long you were operating that way.
Since uh February.
So you built the building for this purpose in February.
Yeah, we started it in August of last year.
And the last question I have is that you had said that um that you were asking for this to be zone business which is right next to your house, but you're not too crazy about.
Well, I'm not sure.
I'm curious about what part were you not crazy about because it is right next to your house.
Well, no, the purpose of it, well, I'm not too crazy about having to rezone it.
I think I wanted to leave it as an original zoning, same as the rest of the farm, because the farm is in nature by nature itself a business.
Right.
And that that was my understanding.
But I've been told differently.
Okay.
Great.
Thank you very much.
Mr.
Davis.
Thank you, Mr.
Taylor, for being here this evening.
I do have a question.
Um you apparently have a eighty-five acre farm, is that correct?
No, that's not correct.
You guys have split my farm off.
Um I have a hundred and twenty-five-acre farm.
125?
Yes.
I next to the um proposed lot of one acre.
Is that where you live?
Yes, the house right to the left, uh left of the screen, I guess it would be.
What what is all that stuff I see on the picture here?
It looks like a lot of junk to me.
Well, if you want to call farm equipment junk, you can.
I'm sorry.
I'm gonna take offense to that.
I said if you want to call farm equipment junk, you can, but I will take offense to that.
Oh, whatever.
I can only see what I can imagine.
I'm not calling it junk.
Yeah, well, there's discs back there, there's tillage equipment back there, planters back there, tractors back there, farm trucks back there, trailers, wagons.
It costs a lot to put up buildings to keep farm equipment in.
It's hard to it's hard to tell uh on this aerial photograph.
I understand you have a farm, I understand my farm equipment.
But it raised a question as to what all that stuff is, paws of this and paws of that.
And I'm not attacking you personally, I'm just saying I can only look at this and it looks like it's could be reorganized a little bit better.
So if you're saying it's all farm equipment, I'll probably ride that on take a look at it.
But maybe you can get that thing uh organized a little bit better.
Okay.
Thank you.
Have any other commission questions?
Once this is if this goes through, Sarah, and it's zone commercial.
Then you can put any kind of business area you want.
Is that correct?
Certainly anything that's permitted within the BN zoning district.
I didn't understand.
Anything that's permitted within the BN zoning district.
Okay, thank you.
No other commissioners have any questions.
We certainly thank you and thank you for getting up front.
She did a good job getting you there.
You're welcome.
Is there anyone else here in favor of this application would like to speak?
I'm in favor, but I'm not speaking.
Third and final call.
Anyone else in favor of this application?
Either in the seats out front or on the phone.
Is there anyone on the phone would like to speak?
No callings.
Okay, we'll go over to the against side.
Is there anyone in the audience that would like to speak against this application?
Anyone in the audience would like to speak against?
Is there anyone on the phone that would like to speak against?
Okay, then we'll be taking this application up next week.
Thank you for your presentation.
Our next application is L 26-06, Harmony Hills 2.
It's on the east side of Harmony Hill Drive.
The owner is Ethel Higgins, 1207 White Oak Road, Dover, Delaware.
KCRM LLC, 1875, Winstep Circle, Dover, Delaware.
Applicate is TPDL Management, LLC.
91 Brendan Lane, Camden, Delaware.
Engineer is Panani Associates care of Douglas Barry.
121 Content Continental Suite, New York, Delaware.
Present zoning is RMH and RS1.
Levy Court District is the fifth, Mr.
Sweeney.
School District is Caesar Rodney.
Fire District is Cannon, Wyoming, Station 41.
Sorry, buddy.
That paper stuck together.
Water is going to be tide water utilities.
Sewer is going to be Kent County Sewer.
Is there someone here to represent this application?
Please give us your name.
If you're not an attorney, I don't think you're you're an engineer, correct?
Correct.
Give us your name and address, and you could be sworn or affirmed.
Sure.
Douglas Barry, professional engineer, Pannoni Associates, 121 Continental Drive in New York.
And sir, do you swear from that the testimony you're about to give tonight will be the truth?
Yes, sir.
Thank you, sir.
Uh so first and foremost, thank you for being here.
Such a hot evening the day before a holiday.
We appreciate it.
Appreciate your time.
Um we are here tonight requesting preliminary approval of a 93-lot major subdivision consisting of 40 duplexes and 53 singles.
I think the previous advertisement might have said 40 duplexes that got corrected, or I'm sorry, 40 towns that got corrected to the 40 duplexes in time for for tonight's agenda.
Um the assemblage consists of three properties adjacent to the existing Harmony Hills subdivision.
They are split-zoned RMH RS1 and they're within the Kent County designated growth zone.
The plan before you is by right, it's in conformance with the Kent County Code and it's in in conformance with the Kent County comprehensive plan.
It's also consistent with the character of the surrounding area.
Um as Mr.
Jester said, the project will be served by public water, tide water, and public sewer, Kent County, and Kent County is actually uh issued conditional approval.
Uh we agree to comply with the staff recommendation report um including uh the signe easement on lot number six.
We will agree to put that signs on that lot.
Uh we have submitted plans to the Caesar Rodney School District on multiple occasions.
We haven't heard back.
The plans do show a bus stop on uh Harmony Hills Drive extended.
That's showing preliminarily.
The final location will be in concert with what the school district in the DTC uh mandates.
So, but for now there is a bus stop on the extended portion of the road in compliance with Kent County code.
Uh we are seeking one waiver from the requirement to maintain stormwater management facilities, a minimum of 100 feet from residential setback lines.
While we agree to comply with a 30-foot offset from parcel lines, we're seeking this waiver so we can minimize post-development discharge rates and volumes in accordance with Kent County drainage code.
We met with the Kent Conservation District several times twice uh to discuss uh the intent for stormwater management.
Uh as we've also met with Dell Dot on multiple occasions, the internal subdivision streets as well as the intersection of Harmony Hills Drive and Peach Tree Run will need to be improved.
So after preliminary approval, we will be submitting formal plans to Delta for review and consideration.
Um for now uh I think that's that's it, and we'll keep it short.
Um here to answer any questions.
Developers here as well, and we're happy to answer any questions you might have.
I thank you very much.
Yeah, I went down there today.
This I've read plans for 48 years, but I had a little difficulty understanding how you were tying in back out to uh Peachtree Run.
Right.
And when I went out there today and tried to get back out on that road, I'm glad you say you're gonna do some improvements because you cannot even see the traffic coming north.
There's a there's bushes blocking it and everything there, so you're actually gonna include where the intersection is there?
Correct.
Where there's a um a small deceleration lane, we're gonna be extending that and we'll address any concerns the state has at that time as well.
Are you gonna be widening road for any kind of left turn going south street?
Not a left turn, there's a left turn there already that meets the dimensional requirements of the state, but we will have to add a right turn or decelerate deceleration lane into the subdivision.
I understand you have a blockage over at hit start lane so that people won't be able to down there.
That's correct.
So okay, because I saw where you had the lot six and you wanted to signage and all to understand that.
That's a that's a private drive, and there's no intent to make it public and have public access through that private drive for this project.
Yeah, because I actually surveyed that years ago when I worked at Dell Dot.
Dell dot came over and did some hotmux work on it and tried to try to stay net straight in today, but it's still in terrible shape.
Right, right.
Okay.
I'm gonna open up the commissioners, Mr.
Davis.
Well, thank you for being here tonight.
Um you obviously meet the county code.
Okay.
There's no question about that.
What you don't meet, in my judgment, is public safety.
You're putting a subdivision in there with one way in and one way out.
I went down there myself just the other day and spent a lot of time down there.
So if you have an accident or where that stub is that goes around the back, and that house is on fire, and the fire department is there and it's got a block.
You can't get back to help those people.
If you have an ambush call, a secondary fire call.
I'm not happy with these subdivisions coming in here one way in and one way out.
I'm gonna be right up front about it.
You meet the code.
But I look at public safety issues.
I'm in the fire service.
Fire company can get back there if the thing is blocked.
They're down there and they got an ambush call.
There's no way you're gonna get back there.
I spent a lot of time looking at head start lane.
Now, if head start lane was repaired and things like that, and you tied it in, I wouldn't have a problem with it.
But I have a major problem building subdivisions, one way in and one way out, and people buying properties and they can't put a secondary entrance.
You got school buses gonna be going in there, emergency vehicles going in there, it's gonna get blocked.
There's people are going to be pinned in that subdivision.
So I know you meant the code, but I don't want to lay it right on the table how I feel about the public safety.
You're buying this property to build a bunch of nice places, which is great.
We need housing, but you're overlooking these people that's going to live there.
And I think that's a sad day for developers.
Thank you.
Had you looked into any alternative about going out, because I know one way you're really constrained by wetlands and all.
Right.
And the other the other way on Head Star Lane, the right-of-way on that particular roadway.
I don't know what you'd have to do to do there, but have you looked at any alternatives at all?
So the so the property is landlocked.
It's surrounded by a blue line stream in in every direction.
There is a private drive, but but it's that it's private, it's not public.
So there's no way for the developer to make it a public street uh and access the property that way.
Yeah, because I know you're adding 190 trips a day for cars coming out that one little two-lane roadway.
And I'm like Mr.
Davis being a part of the fire service, so I don't know.
I I I I studied this, looked at this, went down there and actually walked it.
And I didn't see any other way alternative either.
I think Mr.
Mills might have a question about the bus stop.
Yeah, the school bus stop.
If we could pull the map back up on there where it's got the design of the uh development.
Uh if you could pinpoint out where you're saying I looked at it on the map and I saw it said bus stop, but where is that in your opinion on that map up there?
Now is that bus stop?
I mean, is that bus stop you got there?
Is that a Dell dot stop or is that a school bus stop only?
Because there's a difference.
You cannot stop a school bus where you're stopping Dell Dot buses for pickups.
That's out that's outrageous.
Uh you can't I've been in the school bus minus for many, many years.
So I know.
Then if you do, if on the map where it shows the stop, where's the bus go after you pick up kids inside there?
They there's no place I can see on here where there's a sufficient turnaround.
Yes, so the the the actual bus stop is not for Dell Dot.
It's only for for school buses.
So then where is the turnaround for them at that bus stop?
If you'd could p turn it page six.
I can?
And you asked him a question, Mr.
Mills.
I'm waiting for an answer, yeah.
Uh yeah, I was gonna wait till the um sheet came up.
It's six.
C S 1002.
And while they're pulling it up, like like I said earlier, that's shown preliminarily.
We haven't heard back from the school district.
Yeah, right.
Well, you probably won't.
Right.
So we will reach out to them again.
We'll reach out to the DTC and to provide the final location of that.
The the entrance into that development where where it's at, is that what's the distance back to the fathers house on that?
If it's over half a mile, the kids can't walk out to the end of the they have to have a bus stop someplace.
But my point is I see where the bus stop is on here, but um where is the bus going to turn around?
So it'll come south and then pick up the the students and then loop around the subdivision street and then back up to the north.
That's not the best idea, I can tell you right now for a bus to go into development and have to loop around uh the the streets to get turned around.
We're trying to what we're trying to do is try to get these buses coming in these developments and the place for that bus to be able to turn around right there, not back up.
I'm talking about loop around and place for cars to be able to park for these people that bring these kids to these bus stops.
We're uh to make it safer for these kids.
We want to keep them off the highway of any way possible.
We can on any any street, so that means I'm looking at this development here.
We need to rearrange something here.
And it can be done.
It's it's very simple to do it.
Thank you.
Is there any pull-off area by the bus stop where cars will be able to sit and wait and drop their kids off?
I don't see any curb where you've moved it over so there'll be any kind of parking area at the bus stop to allow the kids to wait for the bus to get there.
No, so there'll be a stop sign there.
So when the school bus comes in, it will stop at the stop sign, it'll pick up the students and then it'll turn around and I'm talking about the parents that are gonna come and wait for that bus to be there.
A lot of times they create where they do a reverse curb and you know and move the curb over so there's areas to park so the cars aren't in the driving lane while they wait for the bus.
Understood.
And someone asked about a half a mile walking distance or something like that.
It it's not that far, it's only like a tenth of a mile.
And there are sidewalks, crosswalks, 80A ramps, so these kids will have a safe route to that bus stop.
But again, if the the school district wants us to put it in a different spot, I think the developer will be happy to appease them.
So you'll have to, you're gonna try to have your answer to us.
What is it, sir?
By the end of what day?
Monday?
No, tomorrow's a holiday, so it'll be a close of business Tuesday.
Okay.
You'll try to have an answer to us.
Yeah, I like I said we reached that zone.
I'm gonna say three times.
I haven't heard back, so we'll try.
We will continue to try.
I think you know our concerns now, so understood.
Is there any other commissioners have any questions?
If not, thank you very much.
We'll see how this goes.
I have questions.
I'm on the phone.
Is there anyone else here in favor of this application would like to speak?
I am not in favor.
I have questions.
I'm on the phone.
Okay.
We're we're on the favor side now, ma'am.
I'll be asking you in a few minutes to come on.
So we're in anybody here else in favor of this application or on the phone.
They usually raise their hand.
Nobody wants to speak.
Okay.
So we'll go over the against side.
First of all, we'll take care of the woman on the phone.
I don't know.
She says she's not against, but I guess she got some kind of question she wants answered.
Ma'am, could you introduce yourself?
And you can be either sworn or affirmed by our attorney.
Okay, good afternoon.
My name is Stephanie Cantres.
I am a resident of Harmony Hill.
Your address?
168 Rolling Court, Dover Delaware, one nine one nine nine zero one.
And do you swear or affirm that the testimony you're about to give tonight will be the truth?
Absolutely.
Yes.
Okay, ma'am, go ahead with your question.
Yes.
My concern is this development that they are proposing to have, it's more than a hundred homes considered safe.
There's only one entrance in and out.
If there is a fire, an emergency, it's only going to be from Peachtree Run into Harmony Hill Lane, and then back into the proposed development.
It's a very large development for only one entrance in and out.
Yeah, thank you.
Oh, I'm sorry.
Did a did the fire marshal prove the conditions?
Thank you for your comments.
We've already kind of touched on that subject and how hazardous it is.
Pardon me.
But that does that mean you're against this application.
I am against.
Because like the gentleman said before, it does meet the code, quote unquote.
But it is very concerning.
I have children, I have nieces, I have nephews in my own development.
But if you know families from any new development or new homes, and something would happen, how would they, you know, get in and out?
Also, the school safety.
There is only one school bus stop, and there is a Dell Dot uh bus stop right on Pun.
It is the 104 bus that it stops across from the entrance and in the entrance for Dell Dot for any residents or community members to take the Dell dot bus.
I think it's going to be too congested.
Yeah, I think we've already it is more than a mile.
I'm sorry.
It is going to be more than a mile when they because looking at their plans, looking at the plans posted in the picture and also in your meeting.
It's going to be more than a mile for when the school buses come out, or children to come out, or parents to come and drop off their their children at the bus stop.
They're actually creating a bus stop back in the development, man.
We've already been through that with the engineer, and he's gonna look at it extensively to see if it can be redesigned for our concerns.
But it's it's only I mean, okay, the bus stop is gonna be in the development, but it's still going to be one entrance in and one entrance out.
That's correct.
It's a small lane.
And I and in this plan that you have posted right here in Harmony Hill and right here on your in the meeting online, it does not show another or secondary entrance.
That is very concerning.
Safety reasons.
Very concerning.
Yeah, we went through that already, ma'am.
We've already had the concerns for it.
So we got the engineer studying all those things, and mostly got to get back to us by next week.
So I think Mr.
Davis has a comment.
The um this subdivision, is that owned jointly by the first subdivision, Harmony Hills?
The same people have it.
I'm sorry, can you ask that again?
Are both subdivisions owned by the same developer?
No.
They're not.
No.
I don't know who the developer was of Harmony Hills, but those lots I think have all been sold.
Okay, so two separate owners.
That's my understanding.
Because I got thinking what are you doing about the school bus drop in the first subdivision?
Is that ever addressed?
Uh is a one in the first one.
You don't know.
Yeah.
Maybe you can check that out.
If there's one there, why couldn't you use uh that one for both subdivisions?
I mean, we could in theory, but our intent was to the lots that are more south, closer to the blue line stream that are far away from that.
We wanted a second bus stop for them.
Well, well, look at things today.
Public safety comes first.
Um I don't know how I'm gonna vote on this, I have to think about it.
But I just want you people to understand.
You gotta start putting two entrances, one in, one out.
Because it's not right.
You're buying a small parcel, not you.
They're buying small parcels, you get one road in.
People are trapped in there, they can't get out.
If there's something happened at the main entrance, and that's not a good public safety issue to have.
And that's I feel very strongly about that.
Thank you.
Any other commissioners have any comments?
Is there anyone else on the phone that is against this subdivision would like to speak?
Do you have anybody on the phone at all?
Yes.
Hello?
You do have somebody on the phone.
Yes, could you give us your name and address, please?
Yes, my name is Belisa Scott 149 Rolling Court Harmony Hill.
And do you swear or if the testimony you're about to give tonight will be the truth?
Yes.
Thank you.
Yeah, so I've basically heard everything.
I agree with the uh commissioner as far as safety and the bus stop issue and the one way in, one way out, and I actually oppose it due to safety.
And we have multiple kids in our development already.
With the kids in your developer have now, do you have a bus stop within the development or is that on the road?
It's right at the stop sign when you go out of the entry.
The bus stops in the middle of the road on Peace Tree, and that's where the kids are picked up.
It's right at the intersection when you go out at Harmony Hills Drive, correct?
Right, right at the stop sign, yes.
Mm-hmm.
Okay, thank you.
You have anything else you'd like to say?
No, y'all touched everything that was concerning to me.
Yeah, that's fine.
Thank you very much for calling in.
I'll ask one more time.
And is there anybody else on the phone would like to speak that is against this application?
No, sir.
Seeing there's no one else on the phone or anybody here in house that would like to speak, we'll be taking this applicant.
Even do the note.
You said you were taking her first.
Okay, I took her first.
I'm sorry.
My fault.
Anybody who's against this application, please come up and give us your name and address.
You can be sworn or affirmed.
Good evening.
I'm Steven Rucker.
My address is 3826 Peace Tree Run Road, Dover, Delaware.
I live on Peachtree, right east or excuse me, west of Harmony Hills development.
And you all have made Okay, sir.
Hold on, you gotta be sworn early.
Okay.
Inserted.
Do you swear from that the testimony you're about to give will be the truth?
Yes.
Thank you, please.
Can you pull the mic up to you?
We can't quite hear you.
Okay, thank you.
Go ahead.
You all have mentioned uh concerns about this development.
I am also concerned because I do live right there in front of Harmony Hills, the current development, and the traffic on Peachtree currently, as uh Mr.
Chairman mentioned, extreme amount.
And to add a subdivision with a one in, one out would increase the traffic right there on Peachtree tremendously.
So definitely need another way to get into that Harmony Hills to development besides Peachtree.
As the engineer mentioned, he does have some wetlands that he can go through that can connect to Lochmeath Way.
He can also maybe go down Head Start Lane.
Again, that Head Start Lane would have to be acquired and brought up to uh standards, of course.
But those are possible solutions that the developer could use to get that subdivision back there without the issues on Peachtree with the bus stop, school bus stop, so forth.
So all those things are tremendous to watch the school buses come down Peachtree during the school year and the traffic that is trying to get you know down Peachtree to Star Hill Elementary or just up, you know, the road up toward Magnolia.
Wow.
Um then in the uh afternoon for the uh school buses and the traffic parents trying to get their kids from Star Hill or from Magnolia, and then also trying to make that left-hand turn right now into Harmony Hills.
Whoo, the traffic just backs up while that school bus is stopped there, right?
Both both, you know, uh northbound and southbound lanes, that school bus stops and the traffic just backs and backs and backs and eventually does clear, but between the hours of 3:30 and 430, you cannot get across Peachtree where I live anyway, and where Harmony Hills entrance is, it is just overwhelming.
And then the same thing is in the morning.
So uh definitely take into consideration more than one entrance and exit uh into the development uh along with the other issues with the bus stops.
Um things to consider.
Thank you very much for your concerns.
I think we all have that same.
Any commissioners have any questions for this gentleman?
If not, I'll keep it opened up.
Is there anyone else here would like to speak that's against this application?
Please come up to the mic and give us your name and address, and you can be sworn or affirmed.
I'm sorry, I do have a question.
My name is Ma'am, hold up.
You had your time.
I got somebody uh in the audience now is coming up to the mic.
Good evening.
My name is Flora Johns.
I live at 116 Lingo Drive, Star Hill.
And do you swear or affirm that the testimony you're about to give tonight would be the truth?
Yes, I do.
Thank you very much.
Go right ahead, ma'am.
I know you all have touched on quite a few things that I'm concerned about.
And uh I just want to say I'm very much opposed to these developing happening behind my resident.
I live on Lingo Drive, and as you could see where it says in Harmony Lane, that uh sign said private property or something, and it's got a little cement stance there.
That's right behind my house from Lingo Drive.
I don't know how much uh that little sign there you just passed, that my house on the other side, it may be like uh Harmony Hills might be like 25 or 30, it might be a few more feet behind my house.
So once they build that, I mean I can hear things in Harmony Hills, and I live on Lingo Drive.
That's just how close we are.
So I do oppose of the development there.
You got 90 some 93 developing uh duplexes in 53 single homes.
That's a lot.
And it might seem that we don't count on uh Lingo Drive and Star Hill, but we have to get out also.
And like Mr.
Davis said, when uh the buses get to running, like in the morning, our kids come out to the stop sign from Lingo Drive, and the traffic backs up from the school, the parents are have to park their cars to drop their kids off.
That comes all the way up to Lingo Drive sometimes.
So, like I say, I'm um very much composed.
I'm not gonna beat around a bush.
When you start bringing in these developers, they develop the places, they run away and leave them, and whatever happens to them happens, whatever happened to the people that purchased them, it happens.
But the developer has his money and he's gone.
So I mean, uh we don't have the uh schools, we got Star Hill Elementary, we got kids coming in with these 93 duplexes in the 40 houses.
Those kids, we already are overpopulated, we don't have the teachers, we don't have the schools.
We bring these people in, and as you were saying about the fire company, they can't get back.
First of all, for that many people, you're gonna need another fire company.
They keep bringing in the developments, and the developers is gone, and we are left here struggling.
So, yes, I'm just saying, I Flora Johns, I'm standing before you asking you to deny this development.
Thank you much.
I appreciate your time.
Thank you very much.
We appreciate your comments.
Anybody here have any questions for seeing none, thank you again.
Anyone else here that would like to speak against please come to the mic?
Seeing other hands or nothing else raised.
But we still have one caller.
Is she the one that's already spoken?
Can I do I have to go back to her, Mr.
Attorney?
If she's already spoken, I will not recognize her for the second time.
Do we have anybody new?
Okay.
Hello, my name is Oops, too loud.
My name is Pastor Donald Ashley.
Um I pastor church on 240 Headstart Lane, uh Dover Delaware 19901.
And do you swear from the testimony you're about to give will be the truth?
Yes.
Thank you.
I have great concerns about the development.
Um we as also represent the uh Star Hill Civic Association who is here with us tonight.
Um that we've many times try to have Head Start Lane uh flipped over to public.
We've even had petitions that had everybody signed.
Everybody was in agreement, and they took us back around again to a long waiting.
We've been at this for 15, 20 years, uh trying to get this road flipped back over to public.
Years ago it was public when uh there was a nursery there called Head Start.
That's how the name came, Hip Start Lane.
When it burnt down, it went they flipped it back to private, so there's no snow removal, there's no care for the road.
The road is terrible.
Our church and some of us got together and put some money together just to fill the potholes.
If you've ever been there before, before now, it was potholes we had to dive around, and I have over a hundred something congregates that meet there weekly.
So if this was to come, um we no longer want to be overlooked to have Star Hill uh Historic Lane redone for an outlet of more people other than what we already have.
Um it's gonna bring a lot more traffic.
You know, our church has to deal with whatever happens, and that's one of our fears that something tragic would happen, a fire, anything like that because of trying to get down one lane.
It's gonna be hard for ambulance, firemen or whoever it is uh to get down here starting lane like it is.
So I I have great concern, I want to say, um, as a pastor of the church, um that you know we cannot continue, I don't think we can continue into the future to overlook Hip Start Lane in the condition that he is that it is right now and add more people, right?
Uh which they like we've already discussed, I don't want to go over it again, um, for an outlet for that that large of uh a development to come in, and we still be overlooked.
So those are my concerns as a pastor of the church on Head Star Lane.
Great comments, because I went I used your driveway yesterday to go back on that side.
You're welcome.
And I met a trash truck, and I didn't think I was ever going to get out of there with the poor condition of the lanes and I saw your beautiful church back there.
Thank you, sir.
So uh but getting back there to it and getting out with that one lane.
I bet on services day, everybody's kind of good thing you've already had your prayers for each other.
That way you can get out of there, I guess.
Absolutely, absolutely.
So that is our great concern.
Yes, um that we not be no longer overlooked as as a community.
I think everybody that lives on Hip Star Late is in agreement to flip it back over to public because like I said, we get no attention for snow or whatever it is.
Um it's just kind of been overlooked for over 20 plus years.
Yeah, and well, you know, the best way probably to address that is to talk to your senator and your representative and also to talk to your levy court commissioner and try to get them all on board.
Because if you get them to ride back there one time, they'll say exactly how poor the condition the road is.
Yeah, I think we've done that.
Yes, sir.
Okay.
Yeah, we've done all of that, but we keep getting to run around right back around to where we started again.
So like I said, those are my great concerns.
Thank you for your presentation.
Does anybody here have any questions for the Reverend?
Thanks again.
God bless you, take care.
Good luck on that road improvement.
Is there anyone else here in the audience would like to speak against this application?
Anyone else would like to speak?
Is that a yes in the back?
No.
Oh, okay.
Put your hat on.
I thought you could come up and talk to us.
Seeing nobody else here, and I guess there's nobody new online.
And we'll take that be taking this application up next week.
Thank you all for your comments.
Our next application and final application for this evening is actually an ordinance, LC26-06 data centers, an ordinance to amend the Kent County Code Volume 2, Chapter 205 zoning.
Uh Sarah, would you like to give us a little explanation?
I would be happy to.
Um First, let's level set.
Um, given that we were asked to craft this ordinance because some of the towns actually have seen interest from data centers.
Data centers are not currently prohibited by the county code.
Given how our code is constructed, they could be built in a commercial or an industrial district now with no specific conditions related to that.
So given the interest in the state, given the interest in the county, it seemed prudent to put an ordinance together.
Um so what this ordinance does is permit data centers only in the two industrial zoning districts, IL and IG, um, by right, but with very specific conditions you can see in the ordinance.
Um it establishes a 300-foot setback for the actual data center, a 400-foot setback for any accessory equipment, including the generators associated with them, limits the noise that comes from them, requires a rather substantial planted buffer, um, requires pre-impost construction noise studies, limits the hours for the generator testing that has to take place.
Um because we don't control the utilities aside from sewer, requires effectively letters of no objection, primarily from power companies to ensure they can be served.
Um includes the same decommissioning requirements that we instituted for solar.
Um also requires closed loop water systems for cooling within the data center.
The the primary concerns with these are noise.
Um tried to stack the land use standards that the county is actually responsible for, right?
We keep them in industrial areas as far away from houses as we can.
We create the setbacks, we require a minimal decibel level.
Um the buffers in addition, we keep utility equipment farther away.
And then for a data center that might be relying on um its own power generation instead of the grid.
That's a separate conditional use.
So they are not an automatic accessory here.
So if a data center were to come, they want to create their own power generation because the grid isn't ready for them.
Separate application altogether.
So it's not a guarantee.
So again, data centers, we would actually be in a position of approving without any of these conditions as the code stands today.
I'm happy to answer any questions.
Does it influence anything in this particular ordinance?
The legislation that went through the General Assembly just the other night was primarily about power generation.
It's been entirely the extent to which the grid can even accommodate.
Because I also know that the data center that was in Newcastle was turned down and it actually went to the coastal zone board and it was turned down there also based on certain facts that maybe are already built in this ordinance.
I don't know.
It's I mean what when we were developing the ordinance, we looked primarily at Virginia, because that is sort of the data center Mecca and has been building for more than 20 years.
Looked at some other because Loudon County is a much larger, more suburban and urban county than we are.
We looked at some Pennsylvania communities that are more commensurate with Kent County.
We we took a look at how many industrial properties these would actually work on in Kent County.
And I could probably count those on one hand.
There just isn't a lot of land that's appropriately zoned in Kent County that would accommodate a data center.
In speaking with the economic development director, she's fairly confident if there is interest in developing them in Kent County, it's going to be in the industrial parks in the municipalities.
So I think the risk is relatively low.
But twofold, it seemed prudent to be prepared.
And some towns were asking us for some technical guidance, so we're trying.
Yeah, I seen you had you had the noise level built in here.
And one little fact sheet that I was reading is talking about not only noise but vibration.
There's actually vibration that's built into that.
Would that come under noise also?
It it actually would come under noise because my understanding is it's not actually vibration.
It's really low frequency noise.
And that's where the noise study, setting things back as far as we can, creating a planted buffer, all of which tries to dampen the impact of that noise.
Yeah, because I'll be the first one to admit this is brand new information to me.
I think to everybody up here front, I'm not going to speak for everybody, but does anybody have any questions, Mr.
Galery?
Sorry, I always have questions.
Yeah, you're going to be chairman one of these days.
Just three, actually.
But I I kind of want to start off.
I'm really glad that you're we are addressing this because I I agree with you that it's important.
Um it's coming down the road to us.
So my main concern is usually always the same thing with highways.
This is a different type of highway in terms of electricity, its infrastructure.
Um but I think you're the setbacks are great.
The you have meaningful noise standards uh the landscaping.
I I'm okay with the shield lighting, the cooling water, the uh the decommissioning uh requirements and the designated areas, I think we're all strengths of of of this of this uh code.
The three areas, three questions that I have, and I I'll just read my notes is uh has to do with the electrical uh infrastructure.
So the ordinance confirms that the electrical service, if the um if the electrical service is available, um but uh will will come from the local source, they'll say we have capacity.
Um but it doesn't really address who pays for the required transmission or the distribu or the uh distribution upgrades and uh or does it?
No, it doesn't.
And the reason it doesn't is because we're not a utility, right?
This is a land use ordinance, and the the questions about the grid, the questions about capacity are 100% valid questions, and people ought to be concerned.
We just don't have any governing authority there.
And that's why the General Assembly, throughout this past session, threw out a handful of bills trying to get a handle on how do we how do we manage the demands?
And the other another part of what the General Assembly has been looking at, and I think we'll continue to in the next session is how do we build more capacity in the grid?
But again, we don't have any oversight.
So that's why we don't address it.
Which which means this will be in front of us on a case-by-case basis, and we'll be running up to the basically the Dell dot scenario, but it won't be Dell dot.
It will be uh whether there's capacity or not, and people will be saying there's not capacity and our bills are going up, and we'll be saying we don't really have any authority over that area.
And it's it's so I I see this coming down the road in a different way.
But my so to my maybe my next question is kind of answered by that.
There is a um at least the thinking, not necessarily a trend at yet, uh, having to do a data centers throughout the United States.
And one of the thinkings is that uh these data centers should be required to uh to produce their own electricity and the by and the excess of that electricity could actually go into the grid and benefit local communities, where I noticed in this particular code we're actually discouraging them from doing that.
We're not discouraging them.
It was because power generation has a different kind of impact.
It simply is considered separately.
Power generation is its own conditional use in the code.
Um one of the bills that made it through the General Assembly actually requires data centers within a certain amount of time to produce their own power.
Do we have that in this?
It's not ours to regulate, it's the states to regulate.
Okay.
Um I'm not sure how that ends up.
Uh when it comes in front of us, is that something that would be it's a conditional use application.
So if po if uh power generation application were to come through, it's conditional use, it would come to you as a public hearing.
It would also go to the levy court as a public hearing, and you would have the opportunity to address the concerns related to primarily noise.
Okay.
Then my last thing, um thank you for indulging me.
Um, in terms of emergency generation, um, there is in the code um stipulates when they can and can't and all that.
Um but if you um following some of the news this past week with all the temperature increases that we have throughout the country.
One of the problems is that a lot of places that do have emergency generation actually are are reaching capacity um because of uh over um overuse of the of the grid.
So what I don't see in the code right now is anything that talks about the uh the cumulative impacts of extended generation operations and large-scale fuel storages.
So if I was a company that wanted to put in a data center and I was mindful of the fact that there may be temperature increases or other conditions that would require my backup generators to run for extended periods of time, I would need to actually have storage capacity for fuel or whatever.
Um maybe I'm got this wrong, but I'm just wondering if if we're looking at backup generation as a short term, but it could necessarily it could at times be longer than short term and what those ramifications might be to local communities.
I think the ramification is primarily for the data centers, because they're going to be responsible for maintaining and storing the fuel.
Um certainly I've read the same that that throughout the East Coast at this point, data centers have been put on notice use your emergency generators because we can't accommodate you on the grid.
Trevor Burrus, Jr.
We would allow them to use it as long as the problem exists.
I yes, and I I think in in the most recent cases, it's been governors saying you shall.
Okay.
And I think at that point, we will accommodate that because it's a special, it's a it's an emergency circumstance.
Aaron Powell So when they come in front of us and they have contingency plans for extended use of generators in those plans would have whatever storage that they and then we have the ability to approve them on that level.
It would certainly be because they would come to you as a site plan, just given the size of them.
Okay.
Um and I think that is a reasonable area of discussion that this seems to be becoming a trend.
And ask them how they intend to accommodate it.
Great.
Thank you.
I I again I just want to say that I'm I'm I'm in support of us doing this, and I'm really happy that um that your department is actually taking a proactive position on this because this is coming whether we like it or not.
What I'm trying to have not have happen is is the kind of problems that we're always dealing with up here where our hands are tied to do the things that we would like to do because we didn't really build them into the code, so here we have a chance to actually get it right.
And you're right in terms of Virginia being the leading the way.
So if we're as good as or if not better than them, then we're on the right page.
Thank you very much.
I think Mr.
Davis has a question.
Well, first of all, I know it's coming.
I mean, that's just technology.
What's uh new today is obsolete tomorrow.
But I have a lot of concerns about this.
Um, I don't think it's the time is to pass anything about these data centers.
There's a lot of questions in the General Assembly.
There's a lot of questions and lawsuits in Virginia that the county was going to go visit.
We got a letter from a person from Houston.
Uh that appeared as what an engineer, but I think you knew what he's talking about.
And based upon his letter, I followed up on data centers on the internet.
And there's a lot of issues with this.
I know they're coming.
But I don't see what the urgency is today.
One thing I don't really care for make it a by right um permit.
Just tonight, because of the by right, we saw what happened in here.
We have no ability if it's a buy right, they meet the code.
And tonight was a perfect example.
We have a major public safety issue about the second driveway in that development, and there's not a damn thing we can do about it.
And that's what's going to happen when you make it by right.
I'm just getting concerned that these things are by right.
We're asked to make a decision, and the bottom line is well a rubber stamp.
I'm here to look after the people in the taxpayers of this county.
I don't like hitting a rubber stamp because I got to do it.
I listen to the people, I try to do as much research as I can, and all the time anymore.
Well, if you don't do this, you know you're going to get sued.
There's no flexibility for the commission.
It's really adds the things, takes the things away.
I'll just take one example.
And the proposed code, it's been stated 300-foot setback to housing development.
Virginia people and the people on the internet outlooked.
There's been tests done at 3 o'clock in the morning, four miles away, and there were vibrations.
So this is a very serious thing to do.
I'm not saying that we can't get it done.
But I want to hear what the General Assembly is going to say about it.
I want to hear what the Public Service Commission is going to say about it.
We've already heard Chairman Jester say it was turned down upstate.
And why was it turned down?
Didn't I check into that reason?
I mean, I don't know.
I just think we're moving too fast.
Personally, I would like to see this thing tabled for a while until we get all the information.
And we don't have the information.
I read that thing.
I read it a couple times.
We just don't have the information.
Once we make it a buy right, we're stuck with it.
And I'm getting tired of getting stuck with things, but I'm trying to help the public, public safety fire and things like this.
So my opinion, I think it should be tabled next meeting.
I'm only I'm only one, I'm only one person.
And people disagree.
They have a right to do that.
But I don't haven't heard a lot that's convinced me that this, what we've got proposed, is going to work.
We talked about the 400 or four uh four-mile radius that they had problems.
And I and it's been on TV about these about these uh data centers.
And we want to jump in and just pass a thing that, oh, we'll go ahead and do it.
Well, let's do our research and then make a decision, and then maybe I'd be convinced too, we're doing the right thing.
Thank you.
Thank you, Mr.
Davis.
Denise.
Well, first of all, I'm sure you've done a lot of re you've done a lot of research already.
Um this I see as protection for King County.
Let's say it doesn't exist and someone tries to put in a data center.
They come in front of us.
At that point, we have no ordinance, correct?
So we have no safety valve to say no to.
So I see this as an ordinance that's going to be changing a lot over time.
But that for right now, it's a safety valve.
Am I correct?
You are, because right now, if we had an application, we'd process it as a conditional use, but it would have no specific data center conditions to it.
And while I understand the concern about permitted by right versus conditional use.
Correct.
This does offer a certain amount of protection that the county does not have right now.
Any other commissioners have any comment?
If not, I'll turn it over to the public.
Is there anybody here who'd like to speak in favor of this ordinance?
Either here or on the phone?
Nobody on the phone.
Okay, is anybody here like speak in favor of this ordinance?
Third and final call.
We'll go for the against.
Is anybody against this ordinance would like to speak?
And being there's nobody on the phone, I won't have to ask that anymore.
Is there anybody here to like speak against this ordinance?
Third and final call, seeing nobody.
Then I'm seeing nobody getting up or raising their hand, then we'll be taking this ordinance up next week.
Thank you for your comments, and thank you, sir, for straighten this out.
We're now down to public comment.
Is there anybody in the public like to say anything else besides what they've already spoken on?
Okay, so seeing no hands, or any other commission comments?
We've had anybody seeing none?
Any other business before the commission tonight?
Okay, then I'll entertain in a motion to adjourn.
So moved.
I had Denise make the motion.
Second.
Mr.
Mills has seconded.
Call the commission.
Mr.
Peterman.
Yes, to adjourn.
Mr.
Sarvan.
Yes to adjourn.
Mrs.
Carcher?
Yes to adjourn.
Mr.
Galvery.
Yes.
Mr.
Mills.
Yes, sir.
Mr.
Davis.
Yes, sir.
Mr.
Jester.
Yes to adjourn, and we'll see you all next week.
Thank you for coming.
So provide your own power.
Why does that work against all the time?
Yeah, well, it's the same thing with that.
So now you can actually know it, but like you said, so we can do roofs, we can do parking on the even in England they do the median of the hot room.
Kent County Regional Planning Commission Meeting - July 2, 2026
The Kent County Regional Planning Commission held a public hearing on July 2, 2026, at 6 PM. The meeting began with the Pledge of Allegiance, roll call (seven members present, quorum established), and approval of the agenda. Four applications were heard: a home daycare, a rezoning for an antique/farm store, a major subdivision, and a proposed ordinance regulating data centers. No decisions were made; they will be rendered at the business meeting on July 9, 2026. The record will remain open for two business days following the hearing.
Public Comments & Testimony
- Stephanie Cantres (168 Rolling Court, Dover) spoke against the Harmony Hills 2 subdivision, citing safety concerns over a single entrance/exit and potential congestion.
- Belisa Scott (149 Rolling Court, Dover) spoke against the subdivision, concurring with safety and bus stop issues.
- Steven Rucker (3826 Peachtree Run Road, Dover) testified against the subdivision, emphasizing traffic congestion on Peachtree Run and urging alternative access.
- Flora Johns (116 Lingo Drive, Star Hill) opposed the subdivision due to proximity to her home, school overcrowding, and emergency access concerns.
- Pastor Donald Ashley (240 Headstart Lane, Dover) opposed the subdivision, representing Star Hill Civic Association, highlighting poor condition of Headstart Lane, lack of public road maintenance, and public safety risks.
Discussion Items
- Application C 26-04 – Home Daycare (McCoy): Bianca McCoy presented a request to operate a family child care program at 178 Elmcrest Lane. She described a limited enrollment (up to 8 children), staggered arrivals, and compliance with state licensing. Commissioners asked about hours (8 AM–8 PM, Monday–Friday), age range (6 weeks–12 years), and community demographics. McCoy stated the neighborhood is a family community, not retirement. No public opposition was voiced.
- Application LC 26-10 / CZ 26-02 – Rezoning for Antique/Farm Store (Lewis/Taylor): Joseph Taylor (2940 Hammondtown Road) sought rezoning of a one-acre parcel from AR to BN to formalize an existing antique and farm product business. He explained the business supports 58 vendors and includes eggs, honey, firewood, and planned u-pick produce. Commissioners questioned past code violations (operating since February without proper zoning), and concerns about property appearance. No public speakers for or against.
- Application L 26-06 – Harmony Hills 2 Subdivision: Douglas Barry, P.E. (Pannoni Associates) presented a preliminary plan for 93 lots (40 duplexes, 53 single-family homes) on three parcels split-zoned RMH and RS1. The site is landlocked by a blue line stream; only one entrance from Peachtree Run is proposed. A waiver was requested for stormwater management setbacks. Commissioners raised strong concerns: Commissioner Davis expressed opposition to single-access subdivisions, citing fire and EMS response risks. Commissioner Jester noted the difficulty of seeing traffic at the intersection. Commissioner Mills questioned school bus turnaround and lack of a designated drop-off area. Public testimony (detailed above) echoed safety, traffic, and access concerns. The engineer agreed to explore alternatives and provide answers by the close of business Tuesday, July 7.
- Proposed Ordinance LC26-06 – Data Centers: Sarah (staff) explained the ordinance permits data centers by right in IL and IG districts with specific conditions (setbacks, noise limits, buffers, closed-loop cooling, decommissioning). Commissioner Galvery asked about electrical infrastructure, backup generator use, and cumulative fuel storage. Commissioner Davis argued for tabling the ordinance, citing insufficient research, lawsuits in Virginia, and general opposition to by-right permits that limit commission discretion. Other commissioners noted the ordinance provides protections not currently in place. No public comments were offered.
Key Outcomes
- All four applications were continued to the regular business meeting on Thursday, July 9, 2026 at 6 PM for decision.
- The record remains open for two business days following July 2 for additional written testimony.
- For Harmony Hills 2, the applicant must respond to access and bus stop concerns by Tuesday, July 7 close of business.
- No motion to table the data center ordinance was made formally; it will be discussed further at the July 9 meeting.
Meeting Transcript
But the uh records are not a good thing. Well, no, we're happy with the original. This meeting is being transcribed and summarized. Yeah, it might be while I wouldn't like something better. So you're looking at some of the visual version. Oh, we can't. Yeah, but then we're just thinking, yeah. But I'm not sure. It's now six PM. I'd like to call order the regional Kent County Regional Planning Commission meeting for July the 2nd. And as customary, we will start with a pledge. And Mr. Galvery, I'd ask you if you'd lead us in pledge, please. And as you all know, this is going to be our 250th anniversary weekend. I hope you all have a great time to celebrate. Sounds like it might be a little warm, so I don't know. What happened with that? But if you look at the cameras on Route 1 now, everything is stopped up and everybody coming south and going to the seashore. So I guess I'm going to go home and stay on my farm. We'll now get on to Sarah and we'll do for roll call and determination of quorum. Mr. Peterman. Present. Mr. Servan. Present. Mrs. Carcher. Present. Mr. Galfrey. Here. Mr. Mills. Present. Mr. Davis. Here. Mr. Jester. Here. So you have seven present. You do have a quorum. Thank you very much. Commissioners, you all have an agenda in front of you. If there's no changes, additions, or corrections. I'll entertain a motion and a second. Move to accept. Second. I have a motion by Mr.
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