Sussex County Planning & Zoning Commission voted to defer a decision on a rezoning application to allow a restaurant and marina in the Osprey Point subdivision, which is under construction. At its Aug. 25 meeting, Commissioner Bruce Mears said the commission should wait for the outcome of a pending public hearing on the marina to be scheduled by the Delaware Department of Natural Resources and Environmental Control.

Commissioners said residents' comments that the restaurant would generate outside traffic, car lights and noise in the community are issues to be considered. They also said the location of the proposed parking lot may need to be amended.

Residents also questioned the feasibility of a marina along Arnell Creek, which is shallow water.

Osprey Point, located at the end of Old Landing Road near Rehoboth Beach, will have 217 single-family homes when completed. It's being constructed on lands of the former Old Landing Golf Course.

“This application lives or die on the fate of the marina,” said Commission Chair Bob Wheatley.

He added that because Osprey Point is a residential planned community, the commission can impose conditions if the rezoning is approved. “We have a fair amount of latitude because it's an RPC,” he said.

Sussex County Planning & Zoning Director Jamie Whitehouse said a planned Sept. 20 public hearing before Sussex County Council may be rescheduled because of the commission's deferral.

Developer Osprey Point Preserve LLC 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.

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 include 82 spaces for the restaurant and marina.