STAFF REPORT

Operations Committee, April 30, 2008

Right of Way Closing – Yates Store Road (EN08-089)
Consideration of request made by Orleans Homebuilders, Inc., to close a portion of Yates Store Road right of way
Speaker:  Mr. Tim Bailey

From: Tim Bailey, PE, Engineering Director  
Prepared by: Kurt Wargin, Real Estate Specialist
Approved by: William B. Coleman, Jr. Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager  

The Town of Cary has received a request from Orleans Homebuilders, Inc., to close a portion of the Yates Store Road right of way.  Pursuant to the approved site plan 07-SP-097, the developer of Weldon Ridge, Orleans Homebuilders, is currently constructing the required realignment of Yates Store Road and is proposing further development over the requested abandoned portion of the road in accordance with the PDD.  In keeping with the applicable general statutes, staff has determined that no property owner will be denied access to their property as a result of this closing and re-routing.  Staff concurs with this request.

To consider a right of way closing request, a public hearing must be called.  In order to comply with statute-mandated advertising guidelines, the earliest Town Council meeting which a public hearing can be held is June 12, 2008.  The provisions for closing public rights of way outlined in NCGS 160A-299 will be followed.  In accordance with NCGS 160A-299, a notice will be placed for four consecutive weeks advertising the public hearing, and the right of way will be posted prior to the public hearing.

Fiscal Impact:  There is no fiscal impact of this right of way closing request as the $150 application fee covers the cost of the required advertising.

Staff Recommendation:  Staff recommends approval of the attached resolution of Intent to the Town Council for concurrence with this request to schedule a public hearing for the right of way closing.