One of the most prolonged applications in recent Sussex County land-use history is the rezoning request filed by Osprey Point D LLC to develop the current Old Landing Golf Course near Rehoboth Beach.
Now it appears all state agency and county reports concerning the application are finally in the planning and zoning office file.
The public will have until Aug. 22 to comment on planning and zoning's recommendation of approval and a report from the Department of Natural Resources and Environmental Control's Sediment and Stormwater Program stating the project would fall under previous stormwater regulations – not the updated regulations.
Once the deadline passes, the application can be placed on a county council agenda for a vote.
Public hearings on the application took place in January and February of 2015. The process was put on hold while county officials waited for state agency comments.
Meanwhile, the developer submitted a revised preliminary site plan reducing the overall density of the development from 3.2 units per acre to 2 units per acre by removing 180 townhomes. Instead of the original 339 mixed-use lots, the site plan now contains 217 single-family lots.
The developer has filed an application for a zoning change from AR-1, agricultural-residential, to MR-RPC, medium density, residential planned community, for the 127-acre parcel along Old Landing Road.
Jim Fuqua, the developer's attorney, said a zoning change is required because the development has lots averaging about 10,000 square feet. In AR-1 zoning, the minimum lot size is 20,000 square feet. In addition, Fuqua said, medium-density zoning is more consistent with the surrounding area along Old Landing Road.
Lawrence Lank, county director of planning and zoning, said the commission and council can place conditions on RPC applications. One of the conditions recommended by the planning and zoning commission is to restrict the project to no more than 217 units.
Councilman George Cole, R-Ocean View, said, “Density is the boogie man in Sussex County. But sometimes if you challenge and question the developer and the state you come up with better projects.”