Sussex County Council approves rezoning and conditional use for Tony Floyd Trucking

The Sussex County Council voted unanimously to adopt a change of zone (CZ 2049) and to grant a conditional use (CU 2580) allowing Tony Floyd Trucking LLC to operate a commercial hauling, delivery and driveway-installation business with on‑site vehicle and equipment storage on a 0.95‑acre parcel on the southeast side of John J. Williams Highway (Route 24) approximately 520 feet northeast of Leighton Avenue in Indian River Hundred, Sussex County.

The approvals follow public hearings and a unanimous recommendation for both measures from the Planning & Zoning Commission at its April 16 meeting. Director Whitehouse told the council that no public comments were received on either filing. "We have received zero comments," he said.

Mackenzie Peat, an attorney for the applicant, presented both matters together and described the site plan and operations. "Tony Floyd Trucking LLC has been operating in the county for over 20 years," Peat said, and explained the proposal would include six dump trucks (with typically three to four on site at a time), three trailers and construction equipment. Peat said materials used for driveway work — dirt, soil, rock and stone — would be stored in designated bins and that the site plan shows a 40‑by‑80 building and parking areas for trucks and equipment.

Peat told the council public water and sewer are not available at the site; the applicants expect to use a private well and have no plans for an on‑site bathroom. She also said a small wellhead‑protection area on the parcel would be avoided. "We submitted a petition at the last hearing" showing neighborhood support, Peat added.

The commission recommended approval of CZ 2049 (change from B2 community business to AR1 agricultural residential) for seven stated reasons and approved CU 2580 for six reasons subject to 15 conditions. Council members cited the Planning & Zoning recommendation in their votes. Councilman Riley said, "We're going to cite Planning and Zoning's recommendation on this," before voting in favor. The council then voted to close the public hearing and the record and to adopt both measures.

Key conditions the council attached include: limiting operating hours to 6:30 a.m. to 6:30 p.m. Monday through Friday and 8 a.m. to 3 p.m. Saturday; restricting deliveries to 9 a.m. to 4 p.m. Monday through Friday and prohibiting Sunday operations; requiring designated storage areas for materials and equipment and prohibiting unconfined stockpiling; limiting vehicle idling and on‑site maintenance activities as described in the approved conditions; and installing perimeter visual screening, with the Planning & Zoning Commission requesting a seven‑foot fence along the property perimeter (except the frontage) rather than the six‑foot fence shown on the initial concept plan.

Council votes on both items were recorded as unanimous in favor. The council accepted the commission’s findings and made its decisions based on the record established at the Planning & Zoning and council hearings. Implementation of aspects of the conditional use — including utility arrangements, final access location and fence installation — will be subject to the conditions the council placed on the approval.

The ordinance and conditional‑use files (CZ 2049 and CU 2580), the applicant’s survey and site plans, staff analysis, DelDOT Service Level Evaluation response, and correspondence from the Sussex County Engineering Department Utility Planning Division were entered into the record.

The council also disposed of a housekeeping item earlier in the meeting: an applicant request to withdraw Ordinance 2404 was granted by motion.

Copies of the commission motions and draft minutes were included in the council packet; the council’s decisions will be recorded in the official minutes and the administrative files for the properties.