KEENE’S POINTE OPERATIONS BUILDING

Keene’s Pointe has approximately 1,060 residential lots with over 3,000 residents.

15 miles of roads

100 acres of lakes and ponds

8 miles of lake shoreline

This application was previously brought to the Board and approved without any public opposition. However due to a noticing error we are back in front of you to again request approval.

INTRODUCTION/BACKGROUND

REASONS FOR THE ONSITE OPERATIONS BUILDING

Convenience to the residents

Keene’s Pointe has an onsite management company that manages the landscaping, ponds, routine maintenance, enforcement of the CCR’s and must be available to the residents to resolve issues and provide assistance.

A cost study was performed by the HOA and found that the investment in the building would pay for itself within 10 years and the community would be left with this valuable asset.

The building is already budgeted and there would be no increase in HOA dues.

CommunityActivity Area

REASONS FOR THE ONSITE OPERATIONS BUILDING

The building architecture is consistent with the existing pavilion building and Keene’s Pointe standards.

The building is in an area where the Community has many other amenities for the residents – a pavilion for cookouts and functions, a basketball court, a boardwalk through the nature preserve to the lake, and a non-motorized boat ramp.

The building, as previously noted, is in close proximity to the newly constructed boat ramp and could monitor the boat ramp for unauthorized uses such as motorized boats.

USES OF THE OPERATIONS BUILDING

Normal HOA functions as described above

Committee meetings

Hours of use would be between 9am and 6pm and a half day on Saturday Only other use would be for HOA committee meetings, usually once or twice a week, and are usually over by 7 pm. The average daily traffic, as monitored by the HOA for the current HOA office, is between 5 and 12 vehicles per day. Additionally, the building is located such that landscape material screens it from existing and future residents.

The building, as previously noted, is in close proximity to the newly constructed boat ramp and could monitor the boat ramp for unauthorized uses such as motorized boats.

DISCUSSION OF ALTERNATE SITES

An agreement between the current owner of the golf club to rent space in the clubhouse was discussed but rejected by the golf club owners. Continuation of leasing space in the current Keene’s Pointe Sales Center location was not viable since the sales center building is owned by the developer and this will not be a permanent use. An area adjacent to and under the Progress Energy power line easement was discussed but rejected by both Progress Energy and Orange County. A trailer or other temporary looking structure was deemed not acceptable by the residents and is not allowed under the CCR’s.

Power Line Easement

CONCLUSION

Each Owner, by accepting title to a Residential Unit and becoming an Owner, acknowledges the Property is being developed as a master planned community, the development of which is likely to extend over many years. Consequently, Declarant (or its successors) may from time to time seek modifications to the master plan. No Owner has any vested right or expectation that the approvals currently applicable to the Property shall not be changed or modified from time to time. Declarant may request changes in (a) zoning, uses or density of the Properties, or (b) any conceptual or master land use plan for the Properties, provided, such revision is or would be lawful (including, but not limited to, lawful by special use permit, variance or the like). Each Owner acknowledges that no representations, warranties (or guarantees) are made or relied upon as to: (a) the design, construction, completion, development, use, benefits, or value of the Properties; or (b) the number, types, sizes, prices or designs of any structures to be built in any part of the Properties.

Declaration of Master Covenants, Conditions and Restrictions of Keene’s Pointe, Article XVI – General Provisions, Section 20:

The building location is on lands owned by the HOA. Lands that already contain HOA buildings and uses. Most communities of this size have onsite facilities for their residents. This issue has been discussed at the public HOA Board meetings since 2009 and no opposition was heard. We respectfully request your re-approval of this use.

CONCLUSION