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Neighbors’ drainage and buffer concerns do not block Kensington Downs Phase 5; commission approves with conditions
Summary
After neighbors raised concerns about berm height, potential stormwater intrusion and stub-out proximity, the commission approved Kensington Downs Phase 5 with engineering and plat conditions requiring future constructability and preservation of the buffer.
The Gallatin Municipal Planning Commission voted Oct. 27 to approve the final master development plan for Kensington Downs Phase 5, a 26-lot single-family subdivision west of Greenlee Boulevard.
Early in the meeting neighbors and a retained attorney urged the commission to defer approval. Attorney Joel Stapley said the berm, as shown on the exhibit, would be ineffective because adjacent lots appear raised above the berm, defeating the intended privacy buffer; he also described existing ponding on the northeast portion of his clients’ property and said additional fill for phase 5 could increase water intrusion. Nearby resident Michelle Juvance described seeing elevations showing some lots would sit about 4 feet higher than current grade and reiterated ponding and privacy concerns.
Planning staff and the applicant presented the PMDP and engineering response. Staff required preservation of an enhanced buffer yard (including a berm) consistent with the PMDP and added construction-plan conditions to ensure any future road extension could be built without removing the buffer. Applicant representative Luke Talley (CSDG) said the berm was designed with an internal ditch to capture runoff and route it to an on-site water-quality pond and that site grading generally balances on-site so large quantities of fill would not be required to raise homes “into the air.” Engineering staff said the city will require that construction-plan review demonstrate how the roadway could be extended and how the berm would tie back in, and that fire/parking comments (including limiting parking to one side of streets) would be addressed in plan review.
Commissioners asked for assurances the pavements would not intrude into buffer yards and that future tie-ins to stub roads could be accomplished; engineering staff responded that the construction-review process will confirm sufficient construction easements and right-of-way for future extension and that final plats will reflect those easement areas. With those conditions, the commission made a motion to approve the plan and it passed unanimously.
Outcome and next steps: Approval was granted with conditions that require engineering and planning to verify constructability of stub-road ties and to preserve the enhanced buffer yard; any future development that needs to connect to the stub will require construction-plan demonstration and, where necessary, easements documented on the final plat.
