Clayton planning commission deadlocks on Hunters Path phase four after drainage, school and access concerns

The Clayton Planning Commission failed to deliver a positive recommendation for PC 26-02, Hunters Path phase four, after a public hearing in which neighbors pressed officials about drainage, school overcrowding and single-access vehicle circulation.

Colin Carvel, the city’s development director, presented the final subdivision plan as the last phase of Hunters Path. "This is the final phase of the Hunters Path subdivision," Carvel said, describing a 20.85-acre parcel on Westbrook Road with 57 single-family homes, about 4.7820 acres of open space (roughly 22.94% of the site) and roughly 3.7016 acres to be dedicated as right-of-way. He told commissioners the plan met the RSD (residential single-unit district) standards for lot frontage and setbacks and that staff recommended approval "subject to the nine conditions" in the draft resolution.

Ross Benfeldt, the developer with DDC Management, said the development team aims to time construction so lots will be ready for the builder’s schedule and explained long utility lead times. "There's still three to four months of getting our gas and electric installed and having powered lots available for Arbor Homes," Benfeldt said, arguing that coordinated construction timing drove the developer’s schedule.

Residents at the public hearing urged the commission to weigh unresolved technical and community concerns before forwarding a recommendation. Ralph Evans, who lives near the cul-de-sac, described a persistently wet low area behind his property and warned new grading could worsen backyard flooding. "I'm going to get some water," Evans said, urging clearer plans for drainage and tree removal. Penelope Jackson, a nearby homeowner, said her backyard floods annually and raised school capacity concerns, saying classroom overcrowding has left children without desks.

The applicant and staff said engineering reviews have been completed by the city’s contracted reviewer and by Montgomery County, and the design includes catch basins and a detention pond to manage stormwater. Benfeldt noted a planned catch basin between lots 196 and 197 and said most stormwater would be routed to the detention basin adjacent to phase three. "There's going to be a catch basin in that backyard between property lines 196 and 197," Benfeldt said, and he offered paper copies of grading plans for commissioners to review.

Commissioners debated outstanding issues, including the single access point from Westbrook Road (the city and fire department had signed off on access), commitments made to earlier buyers about open green space, and whether packet materials included all referenced engineering sheets (some members said the packet omitted grading sheets and stormwater pollution prevention documents). Staff reiterated that final permits would not be released until Kleingers (the contracted engineering reviewer) and county reviewers complete their final approvals.

When the commission voted on a recommendation, roll call produced two votes in favor and two opposed: one commissioner called "I," Ms. Williams supported, while Mr. Bills and Mr. Ernst voted no. The 2–2 tie meant the commission did not forward a positive recommendation; the application failed to receive the majority recommendation needed to move ahead. The chair said staff and the developer could consult legal counsel and determine whether and how the applicant will revise and resubmit the application.

Next steps: the developer may revise the plan or submit requested materials (grading plans, stormwater pollution prevention details and related engineering sheets) and return to the commission; staff said they would coordinate follow-up and notified residents that construction permits require final engineering approval before issuance.