CROWN HARBOR HOMEOWNERS ASSOCIATION
BOARD OF DIRECTORS
January 10, 2003
The Board of Directors has reviewed all of the comments and questions that
were given during and after the dry dock boat storage information handouts of
January 4-5. Many of the questions and comments are addressed in the final
Development Agreement, available on the Crown Harbor web site. The following is
a summary of the remarks from the BOD:
- Item 2k of the development agreement was revised to insure that a resident
without a dry slip could obtain one within 60 days, if the facility happened
to be full.
- On January 31, 2002 the Cornelius Town Planning Board approved the dry
dock project, per the Planning Department Conditional Use Permit. A lease and
development agreement between the Developer and Crown Harbor was part of the
approval, and final documents were received from the Developer on December 27,
2002, after months of comments and questions from all parties involved. The
BOD immediately made plans to mail notices that the plans, drawings and
related documents would be available at the Crown Harbor pool area January 4th
& 5th, and that the BOD would welcome any further comments and
questions for review prior to January 7, 2003, and would be taken into
consideration during further actions of the BOD. Of the 149 residents of Crown
Harbor, 60 signed for a set of the documents made available and only 10
residents had negative comments.
- The Developer is responsible for obtaining all documents and information
required for submittal to Duke Energy for processing a permit request to FERC.
This process was a requirement imposed by the Town of Cornelius. The Developer
has submitted a permit application to Duke Energy.
- The existing shoreline boardwalk along the common area and easement,
provided in the Crown Harbor Covenants, will be removed. A new boardwalk will
be built of Trec materials, and will terminate at the access to the wet slip
area.
- Per the Development Agreement, the Developer will be allowed to lease only
to Crown Harbor lot owners and/or their tenants. Leases will not be allowed to
commercial entities. Duke Energy has indicated their approval of a FERC permit
is contingent upon the project being for Crown Harbor lot owners.
- Provisions for speed humps were made at the request of some Crown Harbor
residents with safety concerns expressed even before the idea of this project
was proposed. The Development Agreement simply allows the option for
installation at the expense of the Developer. Another option being considered
is three-way stop signs along Crown Lake Drive.
- The Town of Cornelius approved the building capacity of 210 slips. The
minimum of 170 would provide every lot within Crown Harbor, with or without a
wet slip, to have one dry slip. Two slips are required by the Town of
Cornelius to be dedicated to law enforcement and emergency watercraft.
- The Town of Cornelius approved what they considered to be adequate
facility parking, fifty (50) spaces. Subsequently, the Developer redesigned
the parking to sixty-four (64) spaces with an additional two (2) handicapped
spaces.
- Members of the BOD visited two dry dock storage facilities to inspect and
ask questions concerning noise and emissions of forklifts. Forklifts using LP
gas, or equivalent will be used to reduce emissions. The proposed retaining
wall, vegetation and elevation change will further reduce forklift noise at
the pool. Noise created by traffic on I-77 will be reduced by the location of
the building.
- Negotiated enhancements to the pool and other areas of Crown Harbor were
added as part of the agreement. The pool house was specifically negotiated to
provide a room for private and community activities, and to provide additional
storage for the new pool furniture.
- Crown Harbor, LLC has an existing lease contract with Lightco, Inc.,
signed by Tom Scott, representing B. V. Belk, original developer of Crown
Harbor. After the ten (10) year lease expires, the neighborhood would still
not own the streetlights. The contract has an estimated total expenditure of
$166,920. The CHHOA is obligated to pay the lease or take the matter to court,
adding additional legal expenses. The Bill of Sale incorporated within the
Development Agreement will convey the streetlights to Crown Harbor,
eliminating this $166,920 debt, associated court cost and the uncertainty of a
court judgment.
- The CHBSA BOD approved and executed a lease agreement, required by the
Town of Cornelius, with Crown Harbor Dry Boat Dock Storage, LLC, recorded
owner of the land beneath the existing wet slips. After the land is turned
over to the CHBSA, the lease will no longer be a factor.
- Exhibit Z includes all corrections required by Duke Energy Company to
obtain a new FERC permit. Dredging, shoreline erosion control, dock
reconfiguration, and required moving of any lifts at Developer’s expense are
also included in Exhibit Z. Duke Energy has stated on several occasions that
all of the existing violations must be corrected, regardless if the project is
or is not approved.
- Any CHBSA member wishing to sell or trade their wet slip to the Developer
for a dry slip must be current on their dues and should contact the CHBSA BOD
or the Developer. The Developer stated he will purchase or trade for up to,
but not more than ten (10) wet slips, and has purchased two (2) to date.
- Any existing wet slips purchased by the Developer will be to reduce the
number to the FERC permitted 35 wet slips, and for temporary mooring of boats
leaving and returning to the facility. Wet slips used for temporary mooring
will remain members of the CHBSA. Lessee of a dry slip but not a member of the
CHBSA returning after hours of facility operation will be allowed to dock
overnight only in wet slips purchased by the Developer, and along the actual
launch area, until the next morning when the boats will be returned to their
respective dry dock slip. Under no circumstances, will dry slip lessee be
allowed to moor in any other existing wet slip, unless specifically authorized
by the owner of that wet slip.
- Wet slip reconfiguration will be done by rotating the existing structures
and, as best as possible, in such a manner as not to displace anyone from
their existing slip.
- After the new configuration of wet slips, Duke Energy Company will inspect
the docks. Any remaining violations will be noted and expected by Duke Energy
Company to be corrected.
- As a separate matter, B. V. Belk has an obligation to sign over all common
areas to Crown after this project is approved and certificate of occupancy
issued. All paperwork has been presented to B. V. Belk and pending.