Sussex P&Z recommends denial of business

January 30, 2024 6

Sussex County Planning & Zoning Commission has recommended that a conditional-use application for a dirt and gravel hauling operation near Oak Orchard be denied.

Sussex County Council will hold a hearing on the application at 1:30 p.m., Tuesday, Feb. 20.

At its Jan. 24 meeting, the commission voted 5-0 against the application filed by Toney and Charlotte Floyd to operate their family business on a 2-acre parcel at 32404 Hershel Davis Road about one-half mile from Oak Orchard Road.

The commission agreed that nearby Peninsula Lakes residents in opposition to the application presented valid reasons with supporting documentation and photographs against the project.

Commissioner Bruce Mears, who made a motion to deny the application, said the commission wants to support small businesses, but there was no way they could write conditions to bring the project into compliance with county code.

He said the business has been operating for the past two years without an approved conditional use. In addition, he said, more activity is occurring than what is included in the application, and storage and work have spilled over into areas beyond the 2-acre site.

Mears said with noise and truck traffic next to a residential community, the project is not in an appropriate location.

“This is adversely affecting neighboring properties. This type of business is needed, but in an appropriate location,” he said.

Mears said county staff should work with the applicants on an expedited review if they find a more suitable property.

The business has operated since 1999 and moved to the new site two years ago after the couple inherited the land. They have six dump trucks and other work equipment, along with storage of stone and dirt on the site. Five employees make local deliveries to supply contractors with dirt and gravel. Over the past two years, the property has been cleared, with woods cut down and burned. A paved access road has also been added.

Originally, a minor subdivision plan application with two lots had been filed with the county. In April 2023, the couple filed a conditional-use application and continued to use the property for their business. After a complaint, a notice of violation was issued by the county in October 2023, which noted that some work was being conducted off the 2.3-acre parcel.