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HomeMy WebLinkAboutTC 11-23-09 Meeting MinutesCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Deputy Director - Transportatiorn•� RE: Transportation Committee Report for Meeting of November 23, 2009 DATE: December 2, 2009 The Transportation Committee met on November 23, 2009 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) James Racey (voting) Dave Burleson (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) George Kriz (liaison PC) ***items Requiring Action*** 1. Dairy Corner Place Discontinuance On August 12, 2009, the Board of Supervisors approved rezoning #03-09 of Walgreens -Dairy Corner Place. Included in the proffers (attached) is a proffer to close the existing access of Dairy Corner Place to Valley Mill Road (proffer 1.7). In order to perform this discontinuance, the applicant needs cooperation from the County in a form of a petition to VDOT to discontinue use of the roadway (VDOT guidelines attached). Motion by Mr. Lemieux and seconded by Mr. Burleson: The Committee voted unanimously to recommend that the Board petition VDOT to discontinue this portion of Dairy Corner Place. 107 North Kent Street, Suite 202 s Winchester, Virginia 22601-5000 ***Items Not Requiring Action*** 1. Double Church Road Truck Restriction At the September meeting of the Transportation Committee, staff reported that a meeting had taken place with Warren County and VDOT. At that meeting, Warren County staff indicated that they would be happy to work with Frederick County should support be needed for the truck restriction. Following that report, the Committee discussed a number of issues for staff to investigate. 1. Should the signs warning trucks away from Double Church Road be given some time to work so that the County can judge their effectiveness before moving forward with a full truck restriction. Note: Staff received communication from VDOT on 11/13/2009 that the signs had been installed on 11/12/2009. 2. Did Warren County staff discuss this issue with any member of the Warren County Board of Supervisors? 3. Do typical consumer global positioning system products or resources such as www.mgpquest.com account for truck restrictions in their guidance, or are they enabled to do so? Staff reported that Warren County Board Members had not been specifically contacted regarding this issue since Frederick County had yet to take any -formal action. The Warren County Administrator continues to feel that support on a truck restriction (if needed) would not be an issue. In addition, staff reported that standard consumer GPS devices do not account for truck restrictions, but that there are a number of products on the market that are targeted to the trucking industry which do take these into account. Free websites such as wwtiv.mgPquest.com do not account for truck restrictions. The consensus of the Committee was to monitor the situation for 6-12 months to see if the signs that have been installed are working to deter truck traffic. In addition, Supervisor DeHaven will be discussing the issue further with Supervisor Ewing. 2. 2010/2011 Capital Improvement Plan Staff notified the Committee that the time has come to move forward with the update to the Capital Improvement Plan. No new items were recommended for addition. Motion by Mr. Racey and seconded by Mr. Lemieux: The Committee voted to carry forward the transportation section of the 2010/2011 Capital Improvement Plan as shown in the 2009/2010 document. 3. Article Review 2 4. Other A. Mr. Mark Smith of Greenway Engineering was present and notified the Committee of items to which additional attention is needed. 1. Route 522 relocation to the east of existing 522 2. Valley Mill Road Realignment Staff noted that the Valley Mill road realignment discussion was very timely as they had recently received a Board of Supervisors directive to review the Eastern Road Plan in that area. B. Staff noted that recent news reports regarding VDOT cutbacks may have been unintentionally misleading regarding the loss of revenue sharing funds. All of Frederick County's projects approved for revenue sharing continue to be safe and viable projects. The cutbacks did impact the Sulphur Springs Road improvements; however, due to recent re - scoping efforts in response to County land use actions (Governor's Hill Rezoning), this remains a viable project. C. Staff advised the Committee that discussions have been taking place regarding the Millbank House along Route 7 near the future Haggerty Development. Staff noted that while the house itself is not impacted by Route 37 or Haggerty Boulevard, the former farm land on the north side of Route 7 is impacted by Route 37. Attachments JAB/bad 3 AAIENDIIAENT Action: PLANTI\TINTG COMMISSION: Tune 17, 2009 - Recommended Approval BOARD OF SUPERVISORS: August 12, 2009 0 APPROVED Q DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 403-09 Or WALGREENS-DAIRY CORNER PLACE VP 1XI WHEREAS, Rezoning #03-09 of Walgreens -Dairy Cornea- Place, submitted by Patton Harris Rust & Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers dated September 4, 2008, last revised on June 29, 2009, for Commercial Uses (including a Pharmacy), was considered. The properties are located at the southeastern corner of the intersection of Berr Ville Pike (Route 7) and Valley Mill Road (Route 659) adjacent to Dairy Comer Place, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 5417-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, 54F -3- A2 and a portion of 54 -A -I 12C. WHEREAS, the Planning Commission held a public bearing on this rezoning on June 17, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 22, 2009, and a public meeting on August 12, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers for Commercial Uses (including a Pharmacy). The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES4-21-09 This ordinance shall be in effect on the date of adoption. Passed this 12th day of August, 2009 by the following recorded vote_ Richard C. Shickle, Chairman Aye Gary MI. Dove Gene E. Fisher Philip A. Lenmeux PDRESn-21-09 Gary A. Lofton Aye Aye - Bill l:�I. 0v ing - -- Aye- Charles S. DeHaven, Jr. Aye' Aye A COPS' ATTEST J County Administrator This ordinance shall be in effect on the date of adoption. Passed this 12th day of August 2009 by !he following recorded- vote: Richard C. Shicl le, Chairman Aye Gary A. Lofton Age A3 -- — -- -- ---- _– — - -- - - - Gary W. Dove 'e BiII 1:2. Eu=ing ge - Gene E. Fisher Aye. Charles S. DeHaven, Jr. Aye' Aye Philip A. Lemieux A COPY ATTEST ick County Administrator PDRESn-21-09 PROPOSED PROFFER STATEMENT RE L ONTING: RZ 03-09 Residential Performance (RP) and Business Gene, -al (B2) to Business General (B2) PROPERTY: 4.0 acre +/-; Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A-30, 54F-3- A, 54F -3 -Al, 54F -3-A2, and portion of 54-A 112C (the "Propeaf) RECORD OWI'\TER Eastside Holdings, LLC & 220 Seafood Restaurant LLC APPLICANT: Eastside Holdings, LLC PROJECT i NAME: -Walgreens - Dairy Corner Place ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DATE(S): October 10, 2008; October 15, 2008; October 21, 2008; October 22,200-8; November 5, 2008; November 6, 2008; November 21, 2008; November 25, 2008; Mav 6, 2009; May 22, 2009; June 29, 2009 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance Rath the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed v ithdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property- with "final rezoning" defined as that rezoning R=hich is in effect on the day following the last day upon which the Frederick County Board of County SupenTisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day follov�ing entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day fofloving which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Walgreens - Dairy Corner Place" dated September 4, 2008 revised May 22, 2009 (the "GDP'). 1. Site Development 1.1 Development of the. Property shall be limited to up to 15,000 square feet pharmacy and up to 10,000 square feet of any other use permitted in the B2 zoning district, excluding gasoline service stations, convenience Mores, and fast food restaurants. 1.2 The Property shall be developed in substantial conformance with the GDP. Sfateiizeiit g'algreens — Daby Corner Puce 1.3 Access to Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Ai, 54F-3 -A-9 from Valley --NO Road shall be limited to one entrance in substantial confonna_nce with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed Tax Map Parcels 54F-1-9; 5,Vr-1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, 54F-.3 the Applicant shall provide an inter -parcel connector for access to and fi-om the area located east of the Property in substantial conformance with the location depicted on the GDP. (See 2 on the GDP) 1.5 The Applicant shall design and construct all improvements necessary to provide two left turn lanes and a shred right/thru lane for northbound Valley Mill Road at the intersection of Valley Mill Road and Route 7 as depicted on the GDP. Said improvement shall be made prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F-1-9, 5417-1-9A, 54F -A-30, 54F -3-A, 54F -3-A1, 54F -3-A2 and shall be subject to review and approval by the Virginia Department of Transportation (VDO)_ (See 3 on the GDP) 1,6 The Applicant shall design and construct a left turn lane for the project entrance on Valley i,4ill Road as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 5417-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, 54F -3-A2. Said design shall be subject to review and approval byVDOT. (See 4 on the GDP) 1.7 If permitted by Frederick County and VDOT, the Applicant shall close the existing access from Dairy Corner Place to Valleyy-TNUI Road and Martin Drive as depicted on the GDP. The Applicant shall complete said road closure within 180 da)N of receiving written notice from Frederick County and VDOT after issuance of a building permit for Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, 54F -3-A2. In the event the Applicant does not receive written notification from Frederick County and VDOT within 5 years from the date of final rezoning to request the closure of said roadway, then the Applicant shall no longer be responsible for said improvement. In the event of closure, said portion of Dairy Corner Place shall be used as a hiker/biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bicycle access to Valley Mill Road and Martin Drive (See 5A and 5B on the GDP) 1.8 The Applicant shall dedicate 10 feet of right of way across the Property frontage with Valley Mill Road prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 5417-1-9, 5417-1-9A, 54F -A-30, 5417-3-A, 54F -3 - Al, 54F -3-A2. (See 6 on GDP) 1.9 The Applicant shall construct a 10' asphalt hiker/biker trail to VDOT standards along the Property frontage with Valley Mill Road concurrent with the road improvements identified in Proffer 1.5. Said trail shall be connected to existing Dairy Gomer Place. (See 7 on GDP) Page 2 of 6 Prod ler Statement Walgreens — Daby Corner Puce 1.3 Access to Tax Map Parcels 5417-1-9, 54F -1-9A, 54F -A=30, 54173-A, 54F -----Al, 54F -3--A-9 from Valley 1�0 Road shall be Lmited to one entrance in substantial conformance with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed Tax Map Parcels 5417-1-9, 54t -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, 54F -3-A2, tt�e Applicant shall provide an inter -parcel connector for access to and from the area located east of the Property in substantial conformance with the location depicted on the GDP. (See 2 on the GDP) 1.5 The Applicant shall design and construct all improvements necessary to provide two leftturn lanes and a shared right/thru lane for northbound Valley Mill Road at the intersection of Valley Mill Road and Route 7 as depicted on the GDP. Said improvement shall be made prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3-A1, 54F -3-A2 and shall be subject to review and approval by the Virginia Department of Transportation (VDOT). (See 3 on the GDP) 1.6 The Applicant shall design and construct a left turn lane for the project entrance on Valley -1.611 Road as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed .on Tax Map Parcels 5417-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, 54F -3-A2. Said design shall be subject to revieur and approval by \/TDOT. (See 4 on the GDP) 1.7 If permitted by Frederick County and VDOT, the Applicant shall close the existing access from Dairy Corner Place to Valley' -NQ Road and Maartin. Drive as depicted on the GDP_ The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT after issuance of a building permit for Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, 54F -3-A2. In the event the Applicant does not receive written notification from Frederick County and VDOT within. 5 ears from the date of final rezoning to request the closure of said roadway; then the Applicant shall no longer be responsible for said improyement. In the event of closure, said portion of Dairy Corner Place shall be used as a hiker/biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bic)rle access to Valley Mill Road and Martin Dritre (See 5A and 5B on the GDP) 1.8 The Applicant shall dedicate 10 feet of right of way across the Property frontage Kith Valley Mill Road prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F-1-9, 54F=1 -9A, 54F -A-30, 54F -3-A, 5417 -3 - Al, 54F -3-A2. (See 6 on GDP) 1.9 The Applicant shall construct a 10' asphalt hiker/biker trail to VDOT standards along the Property frontage with Valley Mill Road concurrent with the road improvements identified in Proffer 1.5. Said trail shall be connected to existing Dairy Corner Place. (See 7 on GDP) Page 2 of 6 Proffer Statement 3. Tl'alg-eens—Dairy Cori7erPlace 1.10 Prior to site plan approval, the Applicant shall obtain any easements necessary to provide adequate sight distance as required by VDOT. 1.11 Prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3-A1_; .54F -3-A2, the Applicant shall construct a private commercial roadway connecting the proposed Valley Mill Road entrance to the existing Macon Drive intersection at Route 7 as generally depicted on the GDP. The Applicant shall improve the intersection of Martin Drive and Route 7 as required by VDOT for site plan approval prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F-1-9, 54F -1-9A, 5417—A-30, 54F -3-A, 54F -3 -Al, 54F -3-A2. (See 8 on GDP) 1.12 The Applicant shall provide street trees planted 50' on center along the Property frontage with Valley Mill Road and Dairy Corner Place as depicted on the GDP. Said street trees shall be planted prior to issuance of a certificate of occupancy for anybuilding constructed on Tax Map Parcels 5417-1-9, 54F -1-9A, 54F -A-30, 54F- 3 -A, 54F -3 -Al, 54F -3-A2. Design Standards 21 Any structure erected on the Property shall be constructed using one or a combination of the following : cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, dumpster pad screen walls shall be constructed of the same masonrymaterial(s) used for building construction. 2.2 Site lighting shall utilize full cut-off luminaries. 2.3 All structures erected on the Propert3Tshall utilize the same facade materials in order to promote a cohesive development pattern. 2.4 The design materials and elevation of the proposed pharmacy building shall be ui general conformance with the attached exhibit entitled "Walgreens - Dairy Corner Place" dated June 29, 2009. (See Exhibit A) Monetary Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A- 30, 54F -3-A, 54F -3 -Al, 54F -3-A2. 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a building permit for Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, 54F -3-A2. Page 3 of 6 Proffer Statemei t 4. Escalator Clause Jflalo -een-v — Daby Cw-ner Place A.1 In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick County within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Stateme-nt which are paid to the Frederick County after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI -U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CP1-U from that date 30 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of b% per year, nan- compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 PrQ er Statement A. Escalator Clause FF'algree77s —Z7aby C07-rzer Place ^.1 in the event the monetary contributions set forth in the Proffer Statement are paid to Frederick County vithin 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Frederick County after 30 -months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ('CP1-1r) published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the GPI -U from that date 30 months after the approval of this rezoning to the most recently available CPI -U to the date the contribL tions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON TFIE FOLLOjX1ING PAGES Page 4 of 6 Prof fer Statement Respectfully submdtted, Easts id; By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNFlY, To-vit: )Eal,;reMS — Dah- y Comer Place The foregoing H' I t ent was acknowledged before me this � y day of Jv 1 t , 2009, by i , 5� My co_nunission expires Notary Public' i 93 J Page 5 of 6 Proffer Statement Respectfully Submitted, 220 Seafood Restautant, LLC '16-��� Date: A Ififcrlgreens — Dais), Confer Place STATE OF VIRGINIA, AT LARGE FREDERICK COUNT Y, To -wit: The foregoing instnTment was ackno��dged before me this day of 2009, by 41.0kt -k '—I C Cii'1 c T� �. ix 4-1 xl.►`C��� My commission expires Notary Public JUDITH KI -INE NOTARY IDS# 7093311 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION. EXPIRES AUGUST 31, 201 1 Page 6 of 6 troffer Stale177errt TMalgreens — Dab), Corner Place Respectfully submitted, 220 Seafood Restaurant, LLC 'A /7) e" � Date:1 STATE OF �/IRGINTIA, AT LARGE FREDERICK COUNTlY, To -wit: The foregoing instniment ,vas ackno-Medged before me this day of ` ��4=.k i C cz�� �ti� �c� ti- t n.�C_-� ��`F My commission e-pires� LL Nlo1:aiyPublic __ JUDITH KLINE NOTARY ID n 7493311 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSIMI EXPIRES AUGUST 31, 2011 Page 6 of 6 &-6sed -� � �/� _ �i , - � t 1 \'✓1. "'� t � - - '- � '/ . /> VS% a..r 1 j� \ 1 �yi)y �_-,_ Infer -_tion Conneciion i '\ < ,\yam / J .... tI�ER/alKER.rft�1, i � t v�/ � •�_ ` `� � f J Proposed ~ Il -K-- = r� \ r it r �\ �\ lit s /� =PRQPO EDII; tEfiNAL 1' f;lrj� j si rJ j' ji _ j /lf f ACCESS -ROAD l},i 54F-3-61 _ 3M 54F -A-30 €xisling , RP ( Existing: RP STREET TREE Po5J S J t f , ro ed• B2 D p- Proposed: B2 \ l \ -- Existmgr 162 J - r 1, /' / %/ • ' - 'q \\ `.� yam` ,1 , TM 54F-1-.9 t, I TM=54F-3-A ! \ Existing: RP r ! Existing-, RP f - - - - Proposed: 82 f Propose?: B2 .3 A2- TM 54F -1-9A i i Existing: RP , , Prc osad 82 �- Existing:�g \� r:'� Ptopossd: f32 h -i= `` it 51 j .?" "2 j f t t ) r 1 :{ � r ��;Y . �_r�--'� c- � ,'" rJf1 ACCESS,T(� p t -' " ; ` _ \ �_ — — - - -� -- — _ CORNER PLA BE CLOSE�i `; I r�s9pA1�Y ACCESS TO 58 f ac n nccn r VIRGINIA ROUTE 7 - RERRYALLE PIKE I L.3 /<°��/ Lrl ©' M LLI CCD Lli0 DO 0 Q 0 -t- 0 _ u a d a t / Gf7AAH/C5CALE Z a ra o so Q r :2 m O= r -� 7 o W O I V V N a I W 2 in U az SRD 2/1193 — e Printing June 2002 DISCONTINUANCE: Considerations and Procedures for Removing a Road from the Secondary System of State Highways, Pursuant to §33.1-150, Code of Virginia. ❑ Has VDOT received a petition from the BOSlfown Council (LGB) requesting a segment of road be discontinued as part of the Secondary System of State Highways AND/OR ❑ Has the CTB made a motion to discontinue a segment of road as part of the Secondary System of State Highways that it deems is no longer necessary for public convenience? VDOT issues notice of intent to discontinue maintenance of the road and a willingness to hold a Public Hearing at least 30 days prior to the effective date of the discontinuance by: (a) Concurring in LGB's request or by giving the LGB notice of VDOT's intent to discontinue maintenance. (b) Publishing notice of intent to discontinue maintenance. " (c) Advising all abutting land owners by registered letter. However, this action is not required when the action results from the construction of a new road that serves the same land owners as served by the bid road. Has a petition for a public hearing been filed with the CTB by the LGB or abutting land ownor(s)? Yes VDOT conducts a hearing in the jurisdictional location of the road, providing at least w 30 days notice of the time and place by. ❑ Notifying LGB ❑ Publishing notice in the local newspaper Rguired Notice Provisions If the motion for discontinuance is by the CTB: �t I I I 1 1 1 1 1 1 No 1 1 I I 1 l I The Commonwealth Transportation Board is the sole entity vested with the power to discontinue a road and, unless it concurs that a road is not needed for public convenience, the road continues as a part of the Secondary System. Resident Engineer prepares a discontinuance assembly and forwards it to the Secondary Roads Division, including: ❑ Public Hearing Transcript, if a hearing was held. ❑ Comments and recommendation of appropriate action. ❑ Copy of petitions by LGB and/or abutting land owners. ❑ Completed Form SR -5. ❑ Sketch or map showing the section of road and mileage discontinued. ❑ Any and all other pertinent information. Secondary Roads Division reviews the assembly, assures prescribed procedures are met and processes the assembly for appropriate action by the CTB, which may, from its findings: ❑ Discontinue the section from the Secondary System ❑ Dismiss the motion for discontinuance, OR ❑ Take other appropriate action. The LGB and VDOT staff are notified of the action taken by the CTB and VDOT's Official records are revised accordingly. Notes: The powers and procedures for any subsequent abandonment of a road that has been dicontinued as a part of the Secondary System of State Highways is vested in the Board of Supervisors under the provisions of § 33.1-157, Code of Virginia. Discontinuance of a road as a part of the Secondary System of State Highways removes the State's obligation to maintain the road at public expense. The road remains a public road over which VDOT exercises no authority. Any appeal of the findings of the CTB shall lie to the circuit court of the county and conform to §33.1-47, Code of Virginia. Page 42