60-Acre Annexation Information
Reasons to Vote YES:
- Preserve Our Property Values by promoting the viability of the Kenmure Country Club;
- Provide a considerably shorter route for vehicles from Green River Fire & Rescue to dozens of Kenmure homes;
- Ensure the 60-acre parcel is developed with Kenmure’s covenants and restrictions, bylaws, and rules; and
- Continue Kenmure’s diversity of types of homes — single-family estate and cottage — which make Kenmure an attractive community for existing and new residents.
Cost to You = Zero Dollars
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Annexation Voting – Questions and Answers
How many eligible votes are there? 829
How many YES votes are needed to pass the Declaration Change? 556
When does the vote take place? Voting by Paper Ballot or Online: September 3 – 23
What is the Voting Process?
The process for the voting on the Annexation of the 60 Acres is the same as it has been for all prior votes and elections. The election process is under the direction of the KPOA Corporate Secretary, who retains custody of the ballots for one-year after the election. The Election Committee assembles the package of voting materials and delivers it to the printer who assembles and mails the voting package. The voting package includes a cover letter from the Board; the Ballot (with Declaration Changes) with an Owner ID# and a Voter ID#; and online voting instructions. The Ballot does not have the owner’s name on it — just an Owner ID #. All ballots are confidential.
Is this vote the same process as the electing the Board of Directors?
There is a BIG Difference: The Annexation Vote is a statutory process as set out in the NC Planned Community Act, G.S. 47F-1-101et.seq. Neutrality will not be maintained as the statute places a heavy burden on the proponent seeking to amend the Declaration of a planned community. To “win” the right to amend a community’s Declaration the proponent must obtain an affirmative vote of 67% of the votes of the lot owners. 47F-2-117. If 67% of the lot owners do not turn out to vote, the proponent loses. If 67% or more do turn out to vote, the proponent prevails only if 67% or more vote in favor. (In contrast, in the KPOA Board of Director elections, the candidate receiving the most votes is elected regardless of the number of votes cast.)
What can a proponent do to convince the owners to support amending the Declaration?
The proponent can state how and why they support the amendment, and in fact have an affirmative duty to try to get 100% turn out.
Your KPOA Board has worked diligently over the past four months to provide all property owners with factual information and asks you to base your decision on whether, after weighing the pluses and any perceived minuses, the annexation will benefit Kenmure. We hope you agree with the KPOA Board’s recommendation that a yes vote is appropriate.
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Request from Lee King, Kenmure Enterprises, Inc. (KEI): I [Lee King] request that the KPOA Board call for a property owner vote to annex the 60 acres adjoining the southern border of Kenmure. [KEI is Kenmure’s current developer.]
First, where is this 60-acre parcel?
Currently, Kenmure is 1,400 acres. If this parcel is annexed, then Kenmure would become a total of 1,460 acres or about an additional 4%. See area shaded in MAGENTA. The map shows the location in relation to all of Kenmure. The #1 tag is the NC 225 Gate.
Kenmure Map Close Up View: This 60-acre parcel is south of Pinnacle Mountain Road and adjacent to 13 Kenmure properties on Pinnacle Peak Lane and 8 Chatsworth Court properties. Currently, the 60-acres can be accessed from Mt. Olivet Road. After annexation and start of first home construction, access to the 60-acre parcel also would be through Chatsworth Court to Pinnacle Peak Lane.
KEI Proposal:
- KEI proposes a maximum of 39 homesites on the 60-acre parcel. See proposed sketch below.
- These homesites – a mixture of single-family/estate and cottage homes – would have the same restrictions as the adjacent Kenmure Phase VI, except for the rear property setback which would be 35’ for Phase VII properties which adjoin Phase VI lots.*
- KEI will build the new road — Applewood Drive (approx. 1 mile) to KPOA standards and warranty the road for 1 year.
- KEI will build a construction entrance, to include an electronic gate, on Mt. Olivet Road. This gate can also be used as an emergency entrance/exit as well as a resident gate.
- KEI will pay the Kenmure Property Owners Association (KPOA):
— $15,000 from KEI to KPOA when the Declaration Change is Approved [2019]
— $15,000 from KEI to KPOA when the first road segment is accepted by RMC [estimate 2022]
- Thereafter each year, KEI will pay to KPOA 15 times the current lot assessment
Example: If the current assessment is $930
15 times $930 = $13,950 due January 15, 2023
As lots are sold, the amount due each year from KEI is reduced.
Example, if 5 lots sold, in 2023, then 10 times $930 = $9,300 due January 15, 2024
- KEI pay all costs associated with holding this member vote.
* Kenmure was built in stages or ‘phases’ over the past 30 years. Phase VI is generally the area to the west of the Pinnacle Mountain Road Tunnel; some of Phase VI is under development (PINK). In Phase VI, lot setbacks are as follows: front 30’ and side/back 25’. Cottages are currently found in Phase VI and are homes with generally less square footage than required by the Kenmure Declaration for single-family homes 2,200’ (one-story); 3,000’ (two-story). Cottages average 2,750 square feet and currently resale is in the $400,000-450,000. range.
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Since 2012, the KPOA Board’s position has been that annexation of KEI’s 60-acre parcel into Kenmure protects ALL Kenmure residents by avoiding incompatible uses in this area. The Long Range Planning Committee studied the issue in 2012 and updated that study earlier this year. This report outlines the advantages/disadvantages of annexation. Report is available at www.kenmure.org/KPOA Members Only So, while this is a new issue for many Kenmure residents, it is not a new issue for KPOA.
This year, KEI approached the Board and asked for a vote of all KPOA members to annex the parcel. On June 6, 2019, the KPOA Board met with KEI President, Lee King, who described his plan to develop the parcel as part of Kenmure. Thereafter, the KPOA Board discussed the proposal in detail. It is the Board duty to vet all proposals.
After weighing the advantages/disadvantages (as outlined in the LRPC Report) for the entire Kenmure community, the KPOA Board voted unanimously to hold a KPOA member vote on KEI’s proposal. The KPOA Board recommends that the Kenmure Declaration of Covenants and Restrictions be amended to incorporate KEI’s 60-acre parcel on Kenmure’s southern border into Kenmure.
Why is the KPOA Board recommending a YES vote by all KPOA members? The short answer is to protect the property value of ALL Kenmure residents. By incorporating this area into Kenmure, ALL of Kenmure’s covenants, restrictions and rules would apply. KPOA would have control over what is built in this area. This is a unique opportunity because this property is currently owned by KEI. KEI has been a good steward as Kenmure’s developer over the past 30 years. If KEI decides (in the future) to sell these Phase VII lots to another developer or builder, KPOA’s covenants, restrictions, and regulations would still apply.
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More details are found in the documents below – just click on them for more information. As additional questions are asked, the information will be transmitted to all KPOA members and posted on this website page.
Informational Town Hall Meetings
Charleston Room Kenmure Country Club
July 8 at 9:30 AM
Power Point Presentation of July 8 Meeting
July 30 at 4:00 PM
Power Point Presentation of July 30 Meeting
August 6 at 4:00 PM
Power Point Presentation of August 6 Meeting
We hope you will come to one or more meetings to make comments and ask questions. If you don’t find the answer to your question(s) on this page and/or can’t attend these meetings, you can email questions to kpoa@bellsouth.net.
Voting
Prior to the vote, written materials showing the exacting wording of the proposed Declaration change will be provided at least 21 days before the deadline to vote.
A vote of all KPOA members will be held in September. It will be a Yes or No vote.
The independent Election Committee will manage and oversee the vote.