Osprey Point Preserve LLC, the developer of the Osprey Point residential planned community at the end of Old Landing Road near Rehoboth Beach, has filed an application to amend its approved rezoning to include a 1.85-acre restaurant and marina along Arnell Creek.

During an Aug. 11 Sussex County Planning & Zoning Commission hearing, several residents voiced their concerns about the project, including noise and traffic impacts from the restaurant, operation of a marina in an area with low water levels, boating safety issues and disruption of wetlands.

The Old Landing Woods Owners Association has gone on record against the application.

Another major concern voiced by residents was the need for a Department of Natural Resources and Environmental Control public hearing on the proposed marina separate from the county land-use process.

Ed Launay, an environmental consultant hired by the developer, said he's been told DNREC will schedule a public hearing. He said permits are needed from the U.S. Army Corps of Engineers and DNREC for the marina.

Plans include a 3,259-square-foot restaurant and a 25-slip marina, with both amenities available to Osprey Point residents and the public. Also included is a dock where non-motorized watercraft – kayaks and paddleboards – would be leased. The parking plans includes 82 spaces for the restaurant and marina.

Commercial in an RPC

David Hutt, the developer’s attorney, said the application is not to change the approved MR medium-density zoning, but to amend the residential planned community overlay district.

Hutt said in residential planned communities, county code allows for 1 acre of commercial development for every 100 units.

Osprey Point, which was approved in November 2016, contains 217 single-family home lots on 127 acres. Construction of the first homes in the community is underway on the site of the former Old Landing Golf Course.

Hutt said the developer would be allowed to have 2.17 acres of commercial under the code, but is proposing less than 2 acres. “It’s a light commercial use for convenience and necessity for Osprey Point and the surrounding communities,” he said.

Hutt said the original and subsequent site plans have all included a small marina, including the final site plan approved by the planning & zoning commission.

Hutt said Delaware Department of Transportation officials said the traffic impact would be negligible under the guidelines of the county-DelDOT memorandum of understanding. He said the marina also improves access to a waterway, which is a goal in the county’s comprehensive plan.

Hutt said the restaurant would be open Sunday to Thursday until 10 p.m., and until 11 p.m. on Fridays and Saturdays. He said there would be no outside music after 9 p.m.

Other approved amenities include a pool with a bar and two small beach areas, including one for residents only and one open to the public in front of the proposed restaurant.

P&Z wants more discussion

At the end of the hearing, the commission voted to defer on a vote and place the application on its Thursday, Aug. 25 agenda for more discussion by commissioners and staff.

“There has been a lot put on the record by the opposition,” said Commission Chair Bob Wheatley. “I think water depth is a real cause for concern.”

Assistant county attorney Vince Robertson pointed out that DNREC would determine the fate of the marina.

Sussex County Council has scheduled a public hearing on the application at 1 p.m., Tuesday, Sept. 20, in the county administration building, 2 The Circle, Georgetown. The public record is available in the planning & zoning office from 8:30 a.m. to 4:30 p.m., Monday through Friday, in the administration building.

Plans for marina

Launay said the site was chosen because only one crossing of wetlands would be needed, and it provides the best navigable water. The site is not far from the mouth of Rehoboth Bay. He said Arnell Creek is 3 feet deep at the most, adding DNREC requires water to be at least 1.5 feet for a marina for small boats.

He said plans for the marina would meet all state requirements. Launay said the marina is designed for pontoon and small runaround boats less than 24 feet with shallow drafts, which is the type of boat used by most boaters on the tributaries of Rehoboth Bay.

He said DNREC would not issue a permit for dredging the marina basin.

The marina plans include two sections of docks, and a floating dock to be used for a kayak and paddleboard launch.

The site is across the creek from a state-maintained boat launch.

Launay said the current county wetlands buffers ordinance allows for water-related recreation amenities within buffers, not including the restaurant. Buffers of 50 feet along tidal wetlands and buffers of 25 feet along nontidal wetlands are planned.

In the marina, Hutt said, fueling and boat repairs would not be permitted, with no overnight docking except for seasonal boat slips. He said most of the boat slips would be used by people coming to the restaurant.

Concerns from residents

Robert Nadig, representing Old Landing Woods Owners Association, was first to testify, and he summarized the concerns of most of the other residents who testified.

He said the proposed change to a commercial use has a completely different impact on surrounding communities than what was originally approved.

“Everyone’s expectation was that this would be infill development with no commercial asked for,” he said. “Now it’s an entirely different nature of use, and it’s not a necessity.”

Nadig said the allowed commercial acreage does not include the marina, which would increase the acreage to 3 acres, which is above the allowed amount.

He said the project would basically take over the use of the creek. “It will change the character of how Arnell Creek is used now, and will degrade the creek and put it at risk,” he said. “Arnell Creek is primarily used by kayakers and paddleboarders, and it’s not a sufficient size for a 25-slip marina. There is not sufficient depth for a commercial marina.”

He said noise from the restaurant and bar would disturb the quiet neighborhoods in the area.

Several residents testified that’s it not unusual for boats to get stuck in the mud in the creek. Some said boaters have knocked on their doors asking for help.