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Sussex P&Z approves Old Mill Landing

Commission votes to restrict building on some environmentally sensitive lots
February 18, 2020

Story Location:
Millers Neck Road
Old Mill Bridge Road
Fenwick Island, DE
United States

Old Mill Landing South and Old Mill Landing North, located between Bethany Beach and Fenwick Island, have received preliminary approval from Sussex County Planning and Zoning Commission. In total, the two subdivisions will contain 227 single-family lots on 283 acres on the southeast corner of Old Mill Bridge Road and Millers Neck Road.

At its Feb. 13 meeting, the commission voted 4-1 on both applications. Commissioner Kim Hoey Stevenson voted against the applications.

Developer Old Mill Bridge LLC has submitted plans for Old Mill Landing South, 156 single-family lots on 145 acres, and Old Mill Landing North, 71 single-family lots on 38 acres. Dirickson Creek, a tributary of Assawoman Bay, borders the southern section of the property.

Area residents who opposed the subdivisions argued that if approved, environmentally sensitive areas of the parcels should remain intact with no building permitted. Residents can appeal the decision to Sussex County Council.

Among conditions listed in the approval is restricted development on some lots. Commissioner Holly Wingate said lots 77-85 must be left undeveloped and all trees within 100 feet of Dirickson Creek in lots 24-26 and 47-48 must be undisturbed.

Making the motion for approval, Wingate said the overall density of 1.24 units per acre is well below the allowable 2 units per acre in AR-1, agricultural-residential, zoning. She said the parcels are in the coastal area, which is a growth area in the county comprehensive land-use plan.

Wingate said 117 acres – or 62 percent – of open space is part of superior design features of the preliminary site plan, which would not be included in a standard subdivision plan.

She said although the commission does not have authority to impose such a condition, she wants the developer to consider restricting motorized watercraft, such as jet skis, from using a dockage area on Dirickson Creek. “Jet skis would change the dynamics of the quiet area,” she said, adding they would erode the shoreline.

The site plan includes sidewalks on both sides of all streets, street lighting, central water and sewer service, a pool, clubhouse, pickleball courts, parks and a playground. Amenities must be complete before the 75th building permit is issued.

Eight possible archeological sites on the parcels were noted by the State Historical Preservation Office. An archeological survey, paid for by the developer, is nearing completion. Wingate said all findings and artifacts must be turned over to the preservation office or its designee.

The Southern Sussex County Community Action Group, 29 communities along Route 54 and Route 20, pointed to concerns for historic sites, increased flooding risk, increased pollution threats to Dirickson Creek and the Inland Bays, and increased traffic creating unsafe road conditions.

During testimony at a Jan. 9 public hearing, Jim Fuqua, the developer's attorney, said a number of design features are aimed at minimizing environmental impact. Those include 50-foot buffers from tidal wetlands, 25-foot buffers from nontidal wetlands, a 100-foot buffer from the proposed clubhouse and recreation area, a stormwater-wetlands-forest-open-space management plan, and a conservation easement with Sussex County Land Trust to protect 79 acres of the most environmentally sensitive sections of the property.

A 5.25-acre section of farmland will be reforested with more than 600 native trees.

The developer proffered a mandatory nutrient/turf management plan to limit the amount of fertilizer spread on lawns.

Delaware Department of Transportation officials have proposed the following road improvements funded by the developer: realignment to a right angle of Millers Neck Road with Old Mill Bridge Road; Millers Neck Road improved with 11-foot travel lanes and 5-foot shoulders; shared-use path on both roads along the project's frontage; and reconstruction of Old Mill Bridge Road north of Dirickson Creek bridge to north of the frontage limits with 11-foot travel lanes and 5-foot shoulders.

DelDOT would also require the developer to contribute funding to a future traffic signal or roundabout at the Bayard Road-Daisey Road intersection and to a future dual left-turn-lane project from southbound Route 20 to eastbound Route 54.

A revised site plan must be presented to the Sussex County planning and zoning office, and the final site plan will be subject to review by the planning and zoning commission.

 

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