Sussex County Council heard presentations and public comment on two consolidated applications from Rudder Road LLC — a change of zone from AR-1 to MR for roughly 30.57 acres on Banks Road and a conditional-use request for a 116-unit residential project (75 townhomes and 41 single-family lots, the applicant calls the project "Creekside"). After extended technical presentations and numerous resident objections, council members moved to defer action on both applications.

Attorney David Hutt, representing Rudder Road LLC, described the two applications and the proposed site plan: "This second application ... is a request for a multifamily project to be constructed on the property consisting of a total of a 116 units. That's a mixture, of 75 town homes and 41, single family lots." He said the site sits near existing medium- and higher-density residential uses, is designated as a coastal growth area under the county’s future land-use map and lies in Level 2 on the State Strategies Map, which the applicant argued supports medium-density residential development.

Technical presentations: Engineer Jason Palkowitz and wetlands scientist Ed Linnae presented resource-buffer and stormwater work, including tidal and non-tidal wetland delineations, a resource buffer management plan and FEMA mapping. Linnae told council the remaining wooded band along Guinea Creek that was left after timbering is generally between "75 feet to a 100 feet wide" in places and in some areas up to about 130 feet near the abandoned house site.

Public comment and concerns: Multiple residents and callers opposed the applications, raising repeated concerns about erosion and silt entering Guinea Creek during construction, the adequacy and enforcement of resource-buffer protections, impacts to vegetation and wildlife, and traffic safety on Banks Road (a narrow, sometimes slick road in heavy weather). Opponents requested stronger mitigation measures including a robust permanent buffer, construction phasing to limit disturbance at once, additional erosion controls, and a privacy fence along some property lines.

Applicant proffers and mitigation: Hutt said the developer offered proffers including a $3,500 contribution per building permit to the Sussex County Housing Trust Fund (projected to total approximately $406,000 for 116 units), a $500 per building permit contribution to the Indian River fire company (projected total about $58,000), and a $10 per month association fee per unit earmarked for emergency services. Hutt also proposed a more mature landscape buffer than county minimums along the Creekside–Creeks End property line and noted resource-buffer averaging had been approved in the project’s resource-buffer management plan.

Council questions and staff responses: Council members asked whether DelDOT had reviewed the traffic impacts and whether site plan approval would require DelDOT entrance permits; staff confirmed DelDOT had submitted a service-level evaluation that characterized the traffic impact as "negligible" (DelDOT technical definition) and that site-plan approval requires a DelDOT letter of no objection and any required entrance permits. Staff and the applicant said stormwater for the developed site would be directed into constructed stormwater ponds and modeled to avoid increasing runoff volume to downstream properties; the engineering consultant said pond design (lining vs. infiltration) will follow geotechnical findings and Sussex Conservation District requirements.

Outcome: After extensive questioning and public comment, council members moved to defer both the change-of-zone and conditional-use votes. The motions to defer were seconded and carried by roll-call vote. The hearing record was closed and the matters will return to council later, per the deferral.

What was left unresolved: Council did not approve the rezoning or conditional use; numerous technical and community concerns remain to be addressed, including final site-plan-level stormwater designs, construction phasing and buffer management details, and DelDOT entrance permits.

Next steps: Council deferred the matter; staff and the applicant will return with responses to the outstanding engineering, buffer-management and traffic questions, and any revised conditions or materials for future council consideration.