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Planning commission defers Kiel Subdivision rezone after cemetery and easement questions
Summary
Commissioners deferred a preliminary master development plan and rezone for the Kiel Subdivision (115 Oakmont Drive) for one month to allow the developer to provide survey, cemetery documentation and staff/city-attorney review of a right-of-way/easement affecting a historic cemetery and to clarify open-space calculations.
The Mount Juliet Planning Commission voted to defer action for one month on a request to rezone and approve a preliminary master development plan for the Kiel Subdivision (115 Oakmont Drive) following detailed discussion about a historic cemetery and a public travel easement on or adjacent to the subject property.
Planning staff (Jill) told the commission the applicant seeks a rezone from RS-40 to RS-20 for a 15-lot subdivision, with average lots of approximately 22,000 sq ft and an overall density of about 1.33 units per acre. Staff reported that the applicant met with the Tennessee Historical Commission and that no gravestones or markers were found after deed research and an on-site review; staff outlined several lawful options and recommended conditions for cemetery maintenance if heirs cannot be identified. Staff also noted the PMDP had not yet demonstrated the required 10% improved open space and advised adding that requirement as a condition of approval.
Commissioners and staff also discussed sewer serving the site: Public Works recommended gravity sewer to the north as a preferred option but allowed grinder pumps if topography requires; transportation staff flagged cul-de-sac length and suggested a temporary stub to an adjacent property to allow eventual secondary access. Neighbors' historical concerns and ownership of a flag-lot parcel abutting the cemetery prompted multiple requests that the applicant provide a legal survey and deed confirmation. Because the city attorney must verify rights and easements associated with the cemetery parcel, commissioners asked staff and the applicant to return next month with the survey, any deed or easement documentation, and an updated plan showing improved open space.
The motion to defer was approved to allow the applicant to supply documentation and for staff to obtain a formal city-attorney opinion. The commission emphasized that the postponement is intended to ensure the city fully understands property rights, easement implications and how cemetery protection and required open space will be enforced prior to a substantive vote.
