The plan for a restaurant and marina in the Osprey Point residential-planned community along Old Landing Road near Rehoboth Beach has been met with a mix of opponents and supporters.

During a Sept. 19 Sussex County Council public hearing, the pendulum swung toward the numbers of residents who spoke against the plan during a three-hour hearing. The public record contains a petition signed by 552 residents in opposition to the application.

Osprey Point Preserve LLC has filed an application to amend its approved residential-planned community rezoning to include a 25-slip marina, non-motorized watercraft launching area, 82 parking spaces, a tiki bar, pool, beaches – including a private beach for residents – and a 3,259-square-foot restaurant along the community's border with Arnell Creek, which feeds into Love Creek and then Rehoboth Bay.

The original Osprey Point site plan with 217 single-family home lots on 127 acres was approved in November 2016. Construction of the first phase of homes is underway. The site is the former location of Old Landing Golf Course.

Council deferred a decision to a future meeting.

Property owner Michael Horsey said he visited neighboring homeowners associations to discuss the plans.

“We want to add value to the the county and keep traffic on Old Landing Road off Route 1,” he said.

P&Z: No restaurant

At its Jan. 22 meeting, the Sussex County Planning & Zoning Commission partially approved the application with conditions. The commission did not approve the restaurant, but was in favor of the marina with conditions, including one that the marina can only be used by residents of Osprey Point. The developer has plans to open the restaurant and marina to the public.

Many of those who spoke in opposition said they would prefer the entire application be denied, but if it is approved, the council should accept the commission’s recommendation and conditions for a small marina for residents' use only.

Hutt: Permitted use

David Hutt, the developer's attorney, said commercial space – one acre for every 200 units – is permitted in residential-planned communities. The proposed site of the marina and restaurant is 1.85 acres. He cited Villages of Five Points in Lewes and Bayside in Fenwick Island as examples of a mix of residential and commercial.

Hutt said a marina has been included on site plans since 2014. Even when the property was sold and the plan was revised, the marina was included on the site plan.

The commission had approved the development's amenities plan, including a pool and clubhouse, which are now open.

Osprey Point has two entrances off Old Landing Road. He said the second entrance would be the entrance for the proposed restaurant and marina. “It's the most direct access,” he added.

Proposed hours are 7 a.m. to 9 p.m. on weekdays and until 10 p.m. on weekends. Music would stop at 9 p.m.

Wetlands comments

Hutt said residents have expressed concerns with disturbance of wetlands along Arnell Creek. “It's not the case on this site plan,” he said.

Hutt reiterated there would be no direct pedestrian access to the creek other than docks. He said crossings over wetlands would occur in two places – access to the marina docks and the kayak launch. A section of private beach will be located behind a 4-foot bulkhead, he said.

Hutt said to reach the docks and the canoe-kayak launch, there would be small boardwalks across wetlands. “That's common with piers throughout Delaware waterways,” he said.

Hutt said several other agencies would be involved with the project. Before the Delaware Department of Natural Resources and Environmental Control could issue marina and subaqueous lands permits, a public hearing would take place. Other agencies include the Office of Alcoholic Beverage Control Commissioner, the heath department, fire marshal, U.S. Army Corps of Engineers and Sussex Conservation District. “This will be a well-vetted application,” Hutt said.

No dredging of Arnell Creek would be permitted.

About the petition

Hutt commented on concerns in the opposition petition.

He said the proposed use does align with the permitted uses in a residential-planned community. “It's for the convenience and necessity of the residents. It has to be absolutes and not an interpretation by Sussex County. RPCs allow for restaurants and other commercial uses,” he said.

On concerns about traffic, Hutt said DelDOT has determined that the traffic impact from the project would be negligible. “And that's the only testimony on the record,” he added.

Hutt said there are concerns expressed about music after 9 p.m., which is the time all music would end, he said. “Sussex County has no noise ordinance, so there is no way for them to enforce it. DNREC has a sound ordinance and we are subject to that,” he said. “The goal is to be a good neighbor.”

Conditions enacted by the commission include no boat repairs and no fueling, a waste pump-out station on the docks, and a portable cart for waste, which is required by DNREC.

Hutt said several residents expressed concerns that the area would become like Paradise Grill in Long Neck. “Paradise Grill has a much larger footprint. The primary difference is the overall size of the land and buildings,” Hutt said. “It's also not in a residential-planned community with conditions of approval so that it doesn't become a Paradise Grill or something else.”

Opposition comments

The Old Landing Woods Association has gone on record in opposition to the application.

Area resident Leia Cornener said 25 boats is too many for the neighborhood.

“People loved the Old Landing Golf Course restaurant. There was no dinner, no alcohol, no music and it was not open after dark. Let's have that,” she said.

She claimed the developer met with about two dozen people. “If so many people wanted this, where are they?” she asked.

Cornener said there will be an environmental impact. “There was a fish kill in that creek, and we don't know what caused it. It's a sensitive body of water,” she said.

She suggested the plan be modified to one pier and a floating dock to minimize wetlands crossings.

Bill Dunn of Sawgrass South said there is no commercial activity in the area along Old Landing Road. “This will have a negative impact on our peaceful quality of life and threaten the integrity of Arnell Creek,” he said. “I see no compelling reason for commercial use.”

He said there are several restaurants accessible from Old Landing Road without going out onto Route 1.

“This is a completely residential area. Noise will be happening all hours of the day with delivery trucks and trash removal and amplified music until 9 p.m., seven days a week,” Dunn said. “Adding to the problem is that noisy music is unregulated by Sussex County. Selling alcohol increases issues with traffic safety, especially for pedestrians and bikers.”

Dunn said putting a public marina at the location impacts the safety of kayaks and paddleboarders who use the creek already. “And leaking oil will impact water quality,” he said.

Alexander Bradley, who lives adjacent to Osprey Point, said Old Landing Road is two miles of residential with no commercial in the area.

“I will live within the sound of this, and we can't turn it off and we can't do anything about it. This is not what this area is all about,” he said.

Donna Voigt, who has lived in Sawgrass for 10 years, presented a slideshow during her testimony. She had a long list of concerns topped off by her research that no commercial area was on previous site plans. She said there is not a separate entrance for the proposed commercial area, and Osprey Point residents will be faced with paying for maintenance and upkeep of the entrance way. In addition, she said, the commercial/residential entrance is not being built in compliance with DelDOT standards for commercial business traffic.

“DelDOT needs to review and place the needed requirements for a commercial entrance, which may cause impact to planned lots, open space and buffers,” she said.

To listen to more testimony, go to https://tinyurl.com/bdey8pkk.