Sanford Council halts rezoning on Kelly Drive over cemetery and old landfill concerns

The Sanford Council tabled a rezoning request for a 12.54-acre vacant lot on Kelly Drive Oct. 7 after learning the property may contain both a historic cemetery and an old landfill, revelations that left council members balking at the possibility of relocating a graveyard.

The council revisited three proposed zoning changes first discussed during public hearings on Sep. 16, when residents voiced their support and concerns about the plans.

Amy McNeill, Senior Planner for the City of Sanford, read the applications aloud and answered council questions.

The first zoning case involved a 3.56-acre property on Colon Road annexed into the city on Sept. 16. Under state law, the council has 60 days after annexation to assign zoning to newly added land.

The council has until Nov. 15 to decide whether to keep the property’s existing Heavy Industrial (HI) classification, which typically allows manufacturing plants and warehouses, or select a new one.

The planning board recommended retaining the HI zoning, but the council disagreed, determining that industrial development was not appropriate for the area. Their motion stated that “Heavy Industrial zoning and development is not appropriate for this site,” citing concerns that it conflicted with nearby residential and agricultural uses and did not align with the Plan SanLee long-range plan.

The council approved a zoning change for 1.03-acres at 1206 Woodland Ave., where the Sanford Grocery Store currently operates. The site was rezoned from Urban Neighborhood (UN-6) and General Commercial (C-2) to Light Commercial & Office (C-1), allowing for specialty retail, medical or professional offices, small restaurants, and boutiques.

Planning staff said the change aligns with the city’s Plan SanLee long-range plan, creating a seamless transition between the busy commercial corridor along Woodland Avenue, west of Highway 87/Horner Boulevard, and the nearby residential neighborhoods, bordering Wards 4 and 5.

During the discussion, Councilmember Walter Ferguson raised concerns about past safety issues in the property’s parking lot. McNeill assured the council that the lot would be re-striped and graded to meet ADA standards.

Councilmember Byron Buckels noted he had received an email from a resident worried the grocery store building might be torn down.

McNeill said she had asked the applicant to reach out to Buckels, but she was not included in follow-up communications between the applicant and the property owner, so she could not confirm whether the building would remain.

The public hearing that generated the most discussion was an application by London DeVaul to rezone a 12.54-acre vacant tract on Kelly Drive.

The Planning Board had unanimously recommended rezoning the property, which would change its use from residential, currently allowing houses, to commercial, permitting retail stores, restaurants, and other businesses. The board cited the lot’s strategic location between Highway 421 and Central Carolina Community College, and opposite The Stevens Center, a disability services and support organization, as ideal for commercial development.

McNeill flagged two significant concerns: a possible historic cemetery and an old landfill on the site.

When Mayor Rebecca Salmon opened the floor for questions, two council members spoke up simultaneously. Ferguson broke in first, asking how confident McNeill was about a graveyard being on site.

“It’s possible,” McNeill replied. “At this point, we don’t have a lot of information about it, but we are confident that there is a graveyard on site based on the information provided by the neighbors and staff research since that time.”

If the rezoning were to move forward, she explained, further site investigation would determine the cemetery’s exact location and whether it could be incorporated into the project as open space, “which is quite common,” or whether it would be feasible to relocate it.

“So you’re saying they can actually dig up the bodies and move them elsewhere, basically?” Ferguson asked, alarmed.

“It is theoretically possible,” McNeill said, steering the conversation toward alternative solutions. “I’ve seen a lot of designs where it was incorporated into the site as open space.”

Ferguson glanced toward the rest of the council. “I’m just not comfortable with them digging the bodies up. It’s supposed to be their final resting place. I’m just not comfortable with that.”

Councilmember Linda Rhodes echoed his concern. “We’ve had one graveyard in Sanford that had to have some bodies removed, some graves disturbed…because of the expansion of Broadway Road,” she said, referencing the Department of Transportation’s 2019 infrastructure project on Highway 421 at the Shallow Well United Church of Christ cemetery that dated back to 1881.

“I think there’s just a lot of uncertainty associated with this, at least of which is the cemetery. Then we’ve got the issue with ‘perhaps there is a landfill there.’ I’m sure more research will have to be done on that,” Rhodes continued. “But it’s just my feeling—this isn’t opinion or anything—but it bothers me a little bit how we nonchalantly throw around the choice of relocating the cemetery. I think that’s something that is very serious, obviously, and I’m just a little concerned that we’re a little too quick to draw on this.”

McNeill clarified that the property owner hadn’t indicated whether he’d be open to moving the cemetery or designing around it.

The council raised concerns that the plan does not align with the city’s long-term vision for the area around the college, which calls for offices and institutional buildings rather than general commercial development.

McNeill explained that while Plan SanLee designates the area for “Professional and Institutional Campus” projects, General Commercial zoning is listed as an acceptable alternative. “Even though it wasn’t what you typically think of as an office or institutional use, or as an expansion of the community college campus, the planning board thought that it was consistent,” she said.

But council members were not swayed. Rhodes responded flatly, “I say no.” Ferguson said he was uncomfortable with any plan that might involve relocating the cemetery and requested the council table the motion.

McNeill then offered conditional zoning as a compromise, which would allow the developer to create detailed site plans addressing the cemetery and landfill concerns with no guarantee of approval. Mayor Salmon cut to the heart of the matter.

“I feel like the board is expressing several questions regarding the cemetery and the landfill, and want to know [more] before moving ahead,” she said, making clear the council wasn’t comfortable with relocating the cemetery. McNeill agreed to relay the council’s concerns to the applicant, who could then decide whether to withdraw and return with a conditional rezoning request or push forward and ask for a vote.

“I would like to make a motion to table this until we get more information,” Ferguson said. Rhodes seconded the motion.

The tabling marks the second rezoning request the council denied or delayed Oct. 7, signaling growing scrutiny of development proposals that clash with the city’s long-range plans or raise environmental and historical concerns.

For now, the cemetery, wherever it lies on the 12-acre tract, will remain undisturbed while the developer decides his next move.

Oct. 9, 2025

Diara J. Townes

Journalist

Diara is an award-winning journalist covering environment, government and business, with a focus on marginalized communities and local stories.