Kent County Regional Planning Commission Business Meeting - September 10, 2026

The Kent County Regional Planning Commission held its regular business meeting on Thursday, September 10, 2026, at 6:00 PM in Levy Court Chambers. The meeting began with the Pledge of Allegiance, a moment of silence for the 25th anniversary of the September 11, 2001 attacks, and roll call, confirming six commissioners present (a quorum). The commission reviewed and voted on several conditional use and site plan applications, heard public comment, and handled routine business.

Call to Order & Procedural Items

• Voice vote to approve the agenda as amended (removing Thompson Ridge – postponed by applicant) – unanimous (6-0).
• Voice vote to approve the minutes of July 9, 2026 – unanimous (6-0).
• Levy Court actions on prior commission recommendations were noted; staff available for questions.

Public Comments & Testimony

• Diane Monaco (644 Artist Drive): Expressed concerns about the condition of a previously approved solar farm on the Par 3 golf course. She stated the property owner (Mr. Jones) is not maintaining the grass and weeds as required, creating mosquito, vermin, and allergy issues for her property and her dog. She provided photos and a video showing grass over 12 inches tall, and noted that code enforcement had not entered the site due to a rope barrier. She requested that the commission ensure the property is properly maintained. The chair said he would follow up with code enforcement.

Discussion Items

CS-26-05 – Cattail Creek Propane Facility (Conditional Use with Site Plan)

• Request for an underground propane field in the Growth Zone Overlay District.
• The applicant agreed to add a fence around the tanks.
• Motion: Commissioner Galvery moved for conditional approval based on staff report, public hearing testimony, and findings of fact. The motion included conditions: waiver of setback requirements (90-foot correction: 39 feet from property line, 150 feet from nearest residential dwelling), compliance with county code, final plan approval within 24 months, and revocation risk for noncompliance.
• Vote: 5-1 in favor (Commissioner Peterman voted no). Motion carried; recommended to Levy Court for conditional approval.

CS-26-04 – Pro-Cut Tree Services (Conditional Use with Site Plan)

• Request for landscaping and horticultural service establishment outside the Growth Zone.
• Motion: Commissioner Galvery moved for conditional approval, including a waiver from sidewalk requirement and conditions related to DNREC letters and stormwater.
• Vote: Unanimous 6-0. Recommended to Levy Court for conditional approval.

C-26-05 – Sunrise Shaws Corner Road Solar (Community Energy Generating Facility)

• Request for conditional use for a solar facility outside the Growth Zone.
• Motion: Commissioner Servon moved for conditional approval based on staff report, public hearing testimony, and findings of fact.
• Amendment: Chair Jester proposed an additional restriction: no heavy equipment on the roadway from 6-9 AM and 3-6 PM during construction to protect children walking to school. Commissioner Servon accepted this as part of the motion.
• Vote: 2-4 (Commissioners Servon and Jester in favor; Peterman, Galvery, Mills, Davis opposed). Motion failed. Commissioner Servon said he voted yes reluctantly, stating the law and code are clear. Commissioner Galvery said he disagrees with the finding that public health, safety, and welfare are not adversely affected, and believes the application tears at the community. Commissioner Mills cited general welfare impact, community disruption, and loss of 15 acres of agricultural land. Commissioner Davis said the location is wrong, disrupts a good neighborhood, and called for state restrictions on solar siting. Chair Jester voted yes reluctantly because the applicant met all technical requirements.
• Outcome: The application will be forwarded to Levy Court with no recommendation for support (since the motion failed).

S-26-04 – Holy Cross High School (Site Plan Approval)

• Request for a private high school (90,000 sq ft) on 95.074 acres inside the Growth Zone.
• Presentation: Engineer Nick Wilson (Morrison Richie Associates) answered questions about fire hydrant placement (four hydrants encircling the building) and a waiver for sidewalk installation along Carpenter Bridge and Johnny Cake Landing Roads (due to future DelDOT intersection improvements).
• Emergency Access: Commissioner Davis noted that the applicant agreed to a gated secondary emergency access behind the school, as requested by Fire Station 49 and police. Wilson confirmed this.
• Motion: Commissioner Davis moved for approval with conditions including coordination with DelDOT for sidewalk connection to existing sidewalks east of the entrance, compliance with staff recommendations, and inclusion of Boss Circle Park per MPO comments.
• Vote: Unanimous 6-0. Commissioner Servon expressed disappointment about the sidewalk waiver but voted yes. Recommended to Levy Court for approval.

SLV-26-27 – Thompson Ridge (Waiver Request)

• Item was postponed by the applicant to the October 8, 2026 meeting. No discussion.

Key Outcomes

• Approved (recommended to Levy Court): Cattail Creek Propane Facility (5-1), Pro-Cut Tree Services (6-0), Holy Cross High School (6-0).
• Denied (motion failed): Sunrise Shaws Corner Road Solar (2-4); forwarded to Levy Court without a recommendation.
• Postponed: Thompson Ridge waiver request rescheduled to October 8, 2026.
• Public Comment: Chair will follow up with code enforcement regarding the solar farm maintenance complaint.
• The meeting adjourned unanimously (6-0) at approximately 7:30 PM.