With one commissioner absent, Kent County Levy Court tied over a July 8 vote to approve plans for a community using transfer of development rights — the first to be tested under the adequate public facilities ordinances enacted to curtail sprawl.
    “This is a high-density condominium project in an area where there’s nothing like it around,” said Commissioner Eric L. Buckson. “That’s what we need to get away from.”
    Silver Creek Village is a proposed 148-lot development on approximately 31 acres off Autumn Moon and Millchop lanes outside Magnolia. The homes would include duplexes and four-unit multiplexes.
    The proposed development is surrounded by farmland in an undeveloped area with narrow two-lane country roads. From what he was given, Buckson said he only saw road improvements for approximately 100 feet of frontage along the development’s Autumn Moon Lane entrance.
    Traffic studies of 12 area intersections received favorable Delaware Department of Transportation ratings, said project engineer Greg Moore, of Becker Morgan Group.
    However, with sparse development in the immediate area, Buckson said he wasn’t surprised and was concerned about the surrounding hubs where congestion is growing.
    Moore assured commissioners all the remaining APFO requirements regarding schools, emergency services, water and sewer service were met, but the need for infrastructure still swayed those voting to deny the application.
    “It’s going to impact greatly the area out there,” said Commissioner Richard E. Ennis. “Infrastructure has to be considered before we adopt another development that’s going to impact the area.”
    Instead of letting the approval process die with a 3-3 tie, commissioners agreed to table it until Commissioner W.G. Edmanson II returns and can cast the deciding vote — after another public hearing possibly next month.
    Along with Buckson and Ennis, Levy Court Vice President Allan F. Angel voted to deny the application. Those in favor were Levy Court President P. Brooks Banta and commissioners Harold K. Brode and Bradley S. Eaby.
IN OTHER BUSINESS …
    Commissioners denied two Farmington developments’ final approval for failing to comply with conditions for their approval over a two-year period that had included an extension for both.
    Soldier Field and Gray Dawn Acres were voted down in 5-1 and 6-0 votes, respectively.
    Email Melissa Steele at melissa.steele@doverpost.com.