Planning commission recommends rezoning part of Maple Bench Estate for private family cemetery with conditions

The Mapleton Planning Commission on May 28 voted to forward a recommendation to the city council to rezone a roughly 1.0-acre lower portion of Lot 18 in the Maple Bench Estate subdivision to allow a private family cemetery.

Planning staff presented the application and said the proposal would require a general plan amendment and rezone to the parks/open-space designation and, if those are approved by the council, a future conditional-use-permit review of the final plat. Staff flagged state requirements that apply to private cemeteries, including an endowment fund to provide perpetual care and the need to record a formal plat. Staff also noted the conceptual plan shows about 20 parking spaces and that, aside from interments and services, cemeteries normally generate low traffic volumes.

The property owner, identified in the hearing as Dr. Gibby, said the request "came from my wife, not from me," described the site as secluded and gated, and said the family intends the cemetery to be private for lineal descendants only. He told the commission the currently shown capacity (about 110 plots on the concept plan) reflected the flat area available but that he was willing to reduce the number.

Commissioners raised three recurring concerns: neighborhood compatibility, long-term precedent for rezoning small residential parcels to open space for cemeteries, and the number of plots. Commissioner Spencer said the core worry was precedent, noting that rezoning a residential lot for a cemetery "does create a precedent when we do have a residential zone" and that commissioners should identify why this location would be treated differently than others. Several commissioners urged conditions tied to security and to make the proposal clearly site-specific.

After discussion, Commissioner Spencer moved — and Commissioner Elise seconded — to recommend approval of the general plan amendment and rezone with specific conditions: require the fencing and gate described by the applicant, reduce the plot count (the commission asked staff to reflect a recommended 50 plots), and direct staff to draft standards for private family cemeteries to guide future applications. The motion passed and staff will schedule the item for city council consideration, with a likely council hearing in July.

What happens next: The rezone and general plan amendment will be on the city council's docket; if the council approves, the applicant must return to the planning commission for a conditional-use-permit and final plat review. Staff noted the applicant will also need to comply with state statutory requirements for cemetery endowments and platting. The commission's recommendation includes a policy direction to staff to develop standards that would clarify acceptable size, security, and public-access distinctions for future private-cemetery proposals.