Clayton City Council voted to table consideration of the final development plan for Hunters Path Extension Phase 3, a 17.09-acre eastern phase proposed by DDC Management that would develop 40 single-family lots, after residents and council asked for legally binding protections for a wooded buffer and clarity on long-term maintenance.

Why it matters: The project — a final-development submission to complete the previously approved preliminary plan (the overall preliminary plan covered a larger 37.1-acre site) — prompted public concern about tree preservation along the northeast boundary, cul-de-sac safety, bus and trash access in cul-de-sac designs, construction staging, and downstream drainage tied to an onsite stream. Council tabled the ordinance to allow legal staff to evaluate options such as restrictive covenants or deed restrictions.

What staff and the applicant said

- Staff presentation: Ellen Snyder summarized the final development submission for Planning Commission case PC25-03. The final plan covers the east half of the earlier preliminary plan, proposes 40 homes, about 5.66 acres (33.15%) of open space, extension of Falls Road, sidewalks, lighting and a multiuse path on Westbrook Road. Planning Commission had recommended approval without a previously proposed open-space strip along the northeast boundary; staff noted council could add a condition requiring restoration of a 20-foot buffer.

- Applicant response: Jonathan Bills of DDC Management said the final plan reflected minor engineering-driven lot shifts and that the developer is willing to add a 20-foot buffer along the northeast boundary as HOA-owned open space and said, “we don’t plan to clear it.” Bills said the developer would remove dead trees but otherwise preserve healthy growth in the buffer; he said the stream and downstream drainage issues would be addressed in later phases and that infrastructure would be coordinated with Montgomery County Environmental Services and utilities.

Public comments and concerns

Residents who live immediately north of the Phase 3 boundary urged preservation of the tree line as a security and privacy buffer. Bill Snyder, who said he lives at the northern cul-de-sac, said preserving trees provides separation from new neighbors and helps block short-cutting through yards. Other speakers asked whether the HOA would have sufficient incentives to preserve trees for neighbors outside the new subdivision, and urged legal covenants that would bind future owners.

Technical concerns raised in public comment included: access for school buses and trash trucks on the proposed cul-de-sacs; where construction vehicles will stage and park; the stream’s capacity in later phases to handle runoff; and whether a preservation easement or restrictive covenant could be included on the plat to provide long-term protection.

Council action and next steps

- Ordinance: Ordinance 00725-09 (DDC Management LLC — final development plan for Hunters Path Extension Phase 3, parcel and phasing details in staff report).
- Motion: Motion to table the ordinance to the next meeting (mover: Merkel; second: Kelly).
- Vote: Yes — Council Member Farmer; Council Member Henning; Council Member Gorman; Council Member Merkel; Council Member Kelly; Council Member Stevens (6). Abstain — Council Member Bachman (1). Outcome: Tabled; council requested legal counsel research covenant/plat mechanisms to protect the buffer and return with options.

What was not decided: Council did not approve or reject the final development plan. Planning staff and the applicant will return with legal language options for the buffer and any recommended plat or covenant language; if council imposes a condition it would be incorporated in the final plan or plats before recordation.

Community context: Residents said they want an enforceable protection for the trees because HOA control alone may not bind future actions; the applicant said it would accept HOA-maintained buffer space and would not clear the 20-foot area. Council requested the law director review whether restrictive covenants, plat notes or preservation easements are the correct legal vehicle and whether those could be required as a condition of final approval.