HomeMy WebLinkAbout24010_Yandle Witherspoon Amendment to BPA Request 20210323
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March 23, 2021 Alexander Ricks PLLC
1420 E. Seventh Street, Suite 100
Charlotte, North Carolina 28204
Main Tel 704.365.3656
Main Fax 704.365.3676
www.alexanderricks.com
Chris S. Walker
Direct 980.335.0712
chris.walker@alexanderricks.com
VIA EMAIL
Bill Schmithorst
Project Manager
Brownfields Program – NCDEQ
Mail Service Center 1646
Raleigh, NC 27699-1646
Re: Amendment to Brownfields Property Application – Change of PD, Additional Parcels,
and Additional Environmental Report
Yandle-Witherspoon Supply Inc., North Brevard Street, Charlotte
Brownfields Project No. 24010-20-060
Dear Bill:
I am writing to request that the Brownfields Program amend the February 18, 2020 Brownfields
Property Application submitted by White Point Partners, LLC for the Yandle-Witherspoon
Supply, Inc. Brownfields project. White Point Partners, LLC received a letter of eligibility on
April 3, 2020. We are requesting that the Brownfields Program change the Prospective Developer
to WP Yandle, LLC, add additional, contiguous parcels to the project, and add an additional
environmental report to the project file.
The current Prospective Developer White Point Partners, LLC formed a new entity to acquire the
Brownfields Property. Entity information for the new PD includes the following:
Prospective Developer Information:
x WP Yandle, LLC
x Principal Officer and Representative: Jay W. Levell
x Entity Manager and Ownership %: Jay W. Levell – 0%
x Contact Information: 4064 Colony Road, Suite 310, Charlotte, NC 28211, 704.906.4776;
jay@whitepointpartners.com
List all members of the LLC and provide their percent of ownership:
x Member: WP Yandle Holdings, LLC
x Ownership: 100%
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x Contact Information: 4064 Colony Road, Suite 310, Charlotte, NC 28211, 704.906.4776;
jay@whitepointpartners.com
I am also requesting that the Brownfields Property Application be amended to add several parcels.
See Exhibit A attached to the enclosed Brownfields Affidavit for a depiction of the parcels
discussed below (and note that Exhibit A is a draft, preliminary survey that may change).
(1) Parcel 08104201 (1101 N. Brevard Street, Charlotte, NC 28206): This parcel is subject to
the Highland Park Mill Brownfields Agreement (NCBP# 20005-16-060). PD proposes
that the new Brownfields Agreement supersede the Highland Park Mill Brownfields
Agreement as to this parcel. PD’s affiliate, White Point Paces Partners, L.P. (f/k/a White
Point Paces Partners, LLC), owns this parcel.
(2) Parcel 08104105 (no address available): This is a small, square parcel (0.2 acres) behind
the Yandle-Witherspoon building located on parcel 08104102. The ownership records for
this parcel are unclear, but PD recently acquired the parcel by quitclaim deed from Mr.
Yandle and Mr. Witherspoon (former owners of parcel 08104102).
(3) Parcels located to west of existing building on parcel 08104102 (no addresses available):
Polaris does not identify two parcels depicted on Exhibit A attached to the Brownfields
Affidavit as separate parcels. PD acquired the parcel labeled “Northwest Parcel” on
Exhibit A in February 2021 when it acquired parcel 08104102. PD acquired the parcel
labeled “Southwest Parcel” on Exhibit A in February 2021 by quitclaim deed.
(4) Alleyway: PD is pursuing an abandonment of the alleyway located between parcels
08104102/08104103 and parcels 08104203/08104201 from the City of Charlotte.
Note that parcel 08104203 did not exist at the time of the February 18, 2020 Brownfields Property
Application. At the time of application, that parcel was part of parcel 08104202. Parcel 08104203
was subdivided out of parcel 08104202. The current parcel 08104202 is not proposed to be
included in the subject Brownfields project.
A new Brownfields Affidavit executed by WP Yandle, LLC that covers all of the parcels for the
proposed Brownfields property (including those in the original February 18, 2020 application) is
enclosed.
PD proposes that the new Brownfields agreement supersede the Highland Park Mill Brownfields
Agreement as to parcels 08104201, 08104103, and 08104203. PD intends to incorporate those
parcels into the redevelopment of the Yandle-Witherspoon property and redevelop all of the
parcels together. PD proposes to supersede portions of the Highland Park Mill Brownfields
Agreement to ensure that the land use restrictions are consistent and to simplify the redevelopment
and future marketing of the Brownfields Property.
I have enclosed with the electronic copy of this letter a Phase I Environmental Site Assessment
dated December 30, 2020 that covers the two main Yandle-Witherspoon parcels (08104102 and
08104105). Please add this report to the project’s file.
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Thank you for your assistance. Please contact me with any questions.
Sincerely,
Chris S. Walker
Enclosures
cc: Mr. Jay Levell (via e-mail and w/ encl.)
Ms. Shirley Liggins (via e-mail and w/ encl.)
"Southwest Parcel": No Parcel IDand boundaries not shown onPolaris; WP Yandle, LLC acquiredthis parcel by Quitclaim Deed inFebruary 2021."Northwest Parcel": No Parcel IDand boundaries not shown onPolaris. PD acquired this parcelin February 2021 as part of itsacquisition of parcel ID08104102.Parcel 08104105; WP Yandle,LLC acquired this parcel byQuitclaim Deed in February 2021.AlleywayParcels 08104103, 08104203, and 08104201 arecurrently subject to the Highland Park MillBrownfields Agreement but would be subject to theproposed Yandle-Witherspoon BrownfieldsAgreementEXHIBIT A