The Sussex County Planning & Zoning Commission denied the Stillwater Harbor subdivision plan by a 4-0 vote at its June 22 meeting.

Located along River Road near Oak Orchard, the coastal area cluster subdivision plan includes 123 single-family lots on 57 acres.

The commission sided with numerous area residents who testified against the application during a nearly five-hour public hearing April 27. The public record contains more than 110 letters and emails in opposition and three petitions with more than 1,600 signatures against the subdivision.

Making the motion for denial, Commissioner Kim Hoey Stevenson said there are indisputable facts based on county code and ordinances that support denial of the application. It was Hoey Stevenson’s final planning & zoning commission meeting, as she is stepping down after six years.

Flooding a concern

She said there are major concerns about flooding in the area of River Road where the subdivision entrance was proposed. “And I have concerns about emergency access to the property during frequent flooding,” she said.

She said flooding is such a concern that the school district has its own emergency plan to drop off students at the Indian River Volunteer Fire Company in Oak Orchard when buses can't drive on River Road because of flooding.

In the subdivision plan, an emergency access was proposed along Jack Draine Lane at the suggestion of the fire department.

Hoey Stevenson said an easement on the lane for residents does include the subdivision parcel. “It's a narrow dirt lane and not capable for traffic,” she said.

She said in periods of flooding, the lane would not only be emergency access for first responders, but it would also become the primary access for subdivision residents.

She that would mean that more than 1,200 vehicles per day would use the 8- to 12-foot lane. “The developer did not outline improvements or if it has the ability to do those,” she said.

She said the parcel has never been part of the easement agreement. “There is no right to access this private road,” she said.

That would leave the River Road entrance as the only access. She said in times of flooding, residents could not evacuate, and emergency vehicles and buses could not access the property.

“There is no dispute that there is flooding. We cannot put new residents in a flooding area,” she said.

The commissioner said state transportation officials would require 11-foot travel lanes and 5-foot shoulders along 900 feet of River Road. “That does not take into account what is needed for stormwater. There is not enough room for safe entrance to the development,” she said.

She said the plan does not provide for safe pedestrian and vehicular movement, which is code requirement.

A unique area

Hoey Stevenson said the parcel is an area of ecological importance.

In addition, she said, the Delaware Department of Agriculture went on record against the application because of the loss of forest and wetlands, which would impact drainage.

“This is a unique area with a tidal branch and wetlands that drain into the Inland Bays. It would have devastating impact on drainage, and the developer has not shown that this would not have a detrimental impact,” she said.

She said with the removal of 78% of the woods on the property, there would be habitat loss, and drainage issues would be intensified.

During the April 27 public hearing, Mackenzie Peet, the developer’s attorney, reminded the commission that housing projects such as Stillwater Harbor are permitted uses under the county's comprehensive land-use plan if all regulations and ordinances are adhered to.

“If the subdivision is compliant, it should be approved, and the commission can place reasonable conditions on approval per the ordinance,” she said.

Obviously, the commission did not think the subdivision was compliant.

Planning & zoning commission decisions can be appealed to Sussex County Council.