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Commissioners deny rezoning request for Oak Grove Church Road parcel after residents cite rural, water concerns

3074723 · April 22, 2025
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Summary

The Cumberland County Board of Commissioners voted to deny a developer's request to rezone a 3.64-acre parcel in the Bethany area from agricultural (A1) to R-40 residential after public opposition and a unanimous planning-board denial.

The Cumberland County Board of Commissioners on April 21 denied a rezoning request to change a 3.64-acre parcel on Oak Grove Church Road from A1 (agricultural) to R-40 (residential), a decision driven by public objections about preserving farmland, water and drainage concerns and the planning board's unanimous recommendation against the change.

The vote followed presentations from county planning staff and three members of the public. Ross Howard, director of planning and inspection, told commissioners the parcel sits in the Bethany area and that staff recommended approval because the request aligns with the area's surrounding residential districts. The Planning Board, however, had recommended denial 8-0. Commissioner Tyson moved to deny the rezoning; the motion carried.

Why it matters: Opponents said the area is an active farming community and that rezoning would escalate property values, taxes and drainage problems for longtime residents. Proponents said the owner planned to subdivide the lot into three roughly 1.2-acre homesites and that recent nearby development makes the change reasonable.

Planning and technical details: Howard said the parcel is wooded, lacks water and sewer service and therefore any development would require individual wells and septic systems. He said staff found no hydric soils on the lot. The county staff noted compatible districts for the area include A1 and R-40 among others; staff's approval recommendation reflected those technical criteria even though the adopted Bethany Area Land Use Plan designates the location for rural-density residential.

Public comments: Jim Long Jr., the applicant, said the property has been in his family's control for about two years and that his plan was to subdivide into three 1.2-acre lots for single-family homes. Long said he could not attend the planning-board hearing because of chemotherapy but requested approval from the commissioners.

Two neighbors urged denial. Melissa Fox, who said her family has farmed near Oak Grove Church Road for more than 70 years, argued the area remains active agriculture and that rezoning would threaten the community's rural character and raise taxes for existing residents. She said, "Oak Grove Church Road is zoned as agricultural for a reason because it is one of the quickly vanishing areas in Cumberland County that still practices agriculture." Ronnie Matthews, a 47-year resident along Oak Grove Church Road, said he was concerned about drainage and water availability and urged the commission to keep lots at their current size.

Board decision and rationale: Commissioner Tyson moved to deny the request, saying the rezoning was not consistent with the Bethany Area Land Use Plan and that it would not be "compatible to or in harmony with the surrounding land use activities." The motion to deny carried after a second and a vote by the board.

Aftermath and next steps: With the board's denial, the parcel will remain zoned A1. Any future application would require a new rezoning petition. The planning-board record shows the denial was unanimous (8-0); county staff materials and the applicant's presentation remain part of the official record.