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Homeowner complaints about dry "amenity" ponds meet developer assurances as commission approves Lakes at Martinsburg final plat
Summary
Homeowner Kenneth Miller urged the commission to halt new approvals over dry amenity ponds and unmet promises; developer Drew Kipnis said litigation was settled and investigations found no defects. The planning commission approved the final plat for Lakes at Martinsburg Phase 3/4 with a cash escrow of $4,208,904.
A lengthy public comment and staff exchange over the Lakes at Martinsburg development ended with the planning commission approving the final plat while homeowners pressed for fixes to dry amenity ponds.
Homeowner Kenneth Miller described longstanding issues in the community — dry basins, missing fountains and walking-trail amenities, and homes purchased with expectations of lakeside lots. "We were promised lakes when when we bought the development," Miller said, adding that some lakes are "bone dry" and that premiums were paid for lots fronting the water.
Developer representative Drew Kipnis told commissioners litigation about the lakes had been settled last year and that developer investigations "did not turn up anything that was, you know, discoverably wrong with the basins." He said the basins "have been owned by the property owners association for several years now" and attributed current low water to natural conditions rather than engineering defects.
Planning staff and commissioners reviewed engineering reports and prior mitigation work, and staff said county engineer Doug Smith found the final plat compliant with subdivision ordinance requirements. After debate and closure of the public hearing, the commission moved to grant final plat approval for the new single-family sections, including a required cash escrow in the amount of $4,208,904; the motion carried.
