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HomeMy WebLinkAboutPlanning - Black Walnut Farm - Preliminary Plan - Atty. Letter dated 2-16-95 LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR. A PROFESSIONAL CORPORATION C O N F I D E N T I A L GEOFFREY E.GLEDHILL 129 E.TRYON STREET DOUGLAS HARGRAVE P.HI0.LLSBOROUGH,NORTH CAROLINA 2727B DRAWER 1529 KIM K.STEFFAN HILL ATTORNEY-CLIENT PRIVILEGE JANET B.DUTTON (919)732.2196 DOUGLAS P.THOREN FAX(919)732-7997 SAMUEL ELY COLEMAN February 16, 1995 Moses Carey, Jr. , Chair William Crowther Alice Gordon Stephen Halkiotis Don Willhoit Orange County Board of Commissioners Past Office Box 8181 Hillsborough, North Carolina 27278 RE: Black Walnut Farm Subdivision Dear Board Members: The recommended resolution contained in your agenda item abstract for Black Walnut Farms is the result of the Board' s directive to County staff to "resolve" the Baldwin Road issues . Those issues are whether Baldwin Road should be relocated from its present location, approximately 50 feet from the historic structure known as "Sunnyside, " and whether it should be relocated to provide an alignment with a relocated Lawrence Road at the intersection of both Lawrence Road and Baldwin Road with St. Mary's Road. Following staff work and contacts with the North Carolina Department of Transportation and finally a meeting involving Mary Willis, myself, Stephen Roberts, the property owner's son, Steve Yuhasz, the property owner's surveyor and Don Dickerson, the property owner's attorney, the "plan" contained in the resolution of approval was developed. Under that plan, Baldwin Road will be realigned and constructed to current NC DOT standards in any instance where the subdivision is "developed" beyond Phase I . Phase I will consist of 9 new lots and the existing large parcel on St. Mary's Road. If the developer builds only Phase I, there will only be 9 new lots accessing Baldwin Road. The impact on the existing Baldwin Road would therefore be minimal. However, if subsequent phases of Black Walnut Farm are developed, the impact on Sunnyside and St. Mary's Road will be appreciably greater. Therefore, the developer will have to realign Baldwin Road once the election to develop Phase II of the subdivision is made. Dedication of the realigned Baldwin Road and its construction will occur at the time Phase III of the subdivision is developed. With respect to the realignment of Baldwin Road, the resolution involves the actual dedication, at the time of final plat approval of Phase III of the subdivision, of a right-of-way along the western property line of Black Walnut Farm and the Board of Commissioners Page 2 February 16, 1995 reservation of land for a realignment of Baldwin Road that would connect with a realigned Lawrence Road. If the developer is successful in obtaining the necessary right-of-way for realigning Lawrence Road south of St. Mary's Road and putting together whatever else it takes to accomplish this realignment, the developer would have the option of dedicating the reserved right- of-way for Baldwin Road to accomplish this realignment. The County would, in turn, following its normal procedures, release the dedication along the western property line. The property released from the dedication would revert to the then property owner(s) of the property over which the right-of-way travels . Finally on this point, the County staff will work with the North Carolina Department of Transportation, the developer and whomever else, to aid in a realignment of Baldwin Road to accomplish connection with the realigned Lawrence Road. It is my view that the owner of the property will accept the conditions of approval contained in the recommended resolution. What turned the tide on this was the phasing plan which will allow time for resolution of the Baldwin Road issue. Having said that, it is possible that Stephen Roberts, on behalf of his family, may still urge the Commissioners to approve the entire subdivision without requiring realignment of Baldwin Road. If that happens, it will be because of his view that he should not be required to do something even if he is willing to do it to accomplish the realignment of Baldwin Road. The response to that during our negotiations was that the realignment of Baldwin Road addresses two important County Subdivision Regulation concerns: ( 1) transportation impacts of the subdivision on Baldwin Road at its intersection with St. Mary's Road and close to its intersection with Lawrence Road; (2) impact of the use of the existing Baldwin Road on the historic structure Sunnyside and that the developer's offered solution to those concerns was being accepted by Orange County. As a final note, the solution proposed in the resolution is one, that is in my opinion, authorized by the Subdivision Regulations to address the two significant impacts resulting from this subdivision. Very truly yours, COLEMAN, GLEDHILL & HARGRAVE, P.C. G E. Gledhill GEG/lsg xc: Marvin Collins John M. Link, Jr. Mary Willis 18g\home3\board.1tr • �V -2- ( 2) After survey l�Steven Yuhasz expressed great doubt about the accuracy of his earlier boundary-dispute -resolving survey paid for by me through my son and stating that he knew it hit the river somewhere but did not know where I stated in rebuttal that Mr . Yuhasz did not express any uncertainty about where my line is when he accepted my money for doing the work . It is only since he became the Black Walnut surveyor that he tries to disown his own previously paid work . ( 3) I stated during rebuttal "that some land was stolen from me while I was still away in the service" and that I wanted that land returned before Black Walnut Subdivision got underway . t I request that you deny Black Walnut until , in the absence of TAC approval, it meetSthe approval of its immediate neighbors . Thanking you for your courtesy , I remain , Sincerely , ,�; 4� ws� �"-V,— Stewart Barbour My letter of 1/17/95 with attachments and notes are incorporated by reference .