Franklin County ANanralSatingfer Opportunity AGENDA FRANKLIN COUNTY BOARD OF SUPERVISORS GOVERNMENT CENTER BOARDROOM, 1255 FRANKLIN STREET, ROCKY MOUNT VA TUESDAY, APRIL 15, 2025, at 3 PM Citizens wishing to submit a public comment may contact Amy Renick, Clerk to the Board, via email at adhatisarasy or at (540) 483-3030 before 5:00 PM on April 14, 2025. 3:00 Call to Order, Chairman Ronnie Thompson 3:01 Invocation, Supervisor Tim Tatum 3:04 Pledge of Allegiance, Supervisor Dan Quinn 3:06 Approval of Agenda 3:09 Recognition of Monte Vista Church Recognition of the 25th Anniversary of the Franklin County Toastmasters Club Recognition of Kevin Tosh, Outstanding Community Champion Recognition of Carilion Franklin Memorial Hospital - Patient Safety Excellence Award 3:15 CONSENT AGENDA (REQUIRES ACTION) Approval of Appropriations and Board of Supervisors Meeting Minutes for March 18, 2025 and March 20, 2025, March 25, 2025 and March 27, 2025. 1. Letter of Support for Home Ownership Pathways Grant Application (Attachment #1) 2. Request to Authorize Bids for Old Chapel Road Collection Site (Attachment #2) 3. Request for Public Hearing on VDOT Secondary Six Year Plan (Attachment #3) 4. Letter of Support Digital Skills, Literacy, and Distribution (DSLD) Grant (Attachment #4) 5. Appropriation for Franklin County Public Schools (FCPS) Microgrant Removing Barriers to Academic Achievement (Attachment #5) 6. Employee Health Insurance Program Participation Resolutions (Attachment #6) 7. Surplus Declaration for County Property (Attachment #7) 8. Agriculture Development Committee Recension of By-Laws (Attachment #8) 3:20 Brian Carter, Deputy County Administrator 1. Monthly Finance Report 2. Adoption of FY 25-26 Tax Rates and Budget 3:45 [BREAK] 3:55 Brian Casella, VDOT Resident Engineer 1. Monthly Report (Attachment #9) 4:00 Work Session 1. Secondary Six Year Plan Work Session with VDOT 4:30 County Administrator Report, Christopher Whitlow 1. Upcoming Events 2. Other Matters 4:35 County Attorney Report, Jim Guynn Jr. 1. Updates 4:40 Other Matters by Supervisors 4:50 Request for Closed Meeting in Accordance with 2.2-3711, (A)(1), Personnel Discussion of appointments to County Boards, Commissions, etc.; (A) (3) Discussion of the acquisition of real property or the disposition of real property; (A) (5) discussion concerning a prospective business or industry or the expansion of an existing business or industry; (A)(8) Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel; (A) (19) Discussion of plans to protect public safety and briefings by staff members, legal counsel, or law-enforcement or emergency serviçe officials concerning actions taken to respond to such matters or a related threat to public safety; and (A) (29) discussion of the terms of a public contract, of the Code of Virginia, as Amended. Certification of Closed Meeting in Accordance with 2.2-3712 (d), of the Code of Virginia, as Amended. Recess for Dinner 6:00 Call to Order, Chairman Thompson 6:01 Public Hearings POTENTIAL SALE OR LEASE OF COUNTY PROPERTY - Property dentified as Tax Map Parcel #1120007500 (Former Henry Elementary School) and Property Identified as Tax Map Parcel #0280013300 (Burnt Chimney Elementary School) (Attachment #10) TO CONSIDER AN ORDINANCE . to amend Chapter 13, Offenses - Miscellaneous, Article I, Outdoor Occasion Ordinance Governing Racetracks, Division 1 - General Provisions, Section 13- 29 - Prohibited Acts, Subsection (1) - to provide the Board of Supervisors the authority to grant an exception to the prohibited hours of operation outlined in subsection (1) of the referenced Code Section, at their discretion. (Attachment #11) APPLIÇATION for ZONING MAP AMENDMENT - Application of SML Partners, LLC, Applicants and Owners, requesting a zoning map amendment, with possible proffers, on an approximate 71.605 acres of property zoned RPD, Residential Planned Unit Development District and will remain RPD, Residential Planned Unit Development District. The parcel is located off of Washburn Court in the Boone Election District of Franklin County and further identified by real estate records as Tax Map/Parcel #0020000100. The purpose of this zoning map amendment is to amend the conceptual plan to one that depicts five (5) lots to be subdivided from the remaining 71.605 acres of Brightwater at Smith Mountain Lake, which will become Section 3 of the subdivision and a 30' access easement with pull-off and gravel road for emergency vehicular turn around. This property has a future land use designation of Low Density Residential REZ0-10-24-18122. (Attachment #12) APPLICATION for SPECIAL USE PERMIT - Application of SML Partners, LLC, Applicants and Owners, requesting a special use permit, with possible conditions, on an approximate 71.605 acres of property zoned RPD, Residential Planned Unit Development District. The parcel is located off of Washburn Court in the Boone Election District of Franklin County and further identified by real estate records as Tax Map/Parcel #0020000100. The purpose of this special use permit is to amend conditions from the special use permit for private roads approved by the Board of Supervisors by Resolution #08-12-2021. This property has a future land use designation of Low Density Residential SPEC-02-25-18212. (Attachment #13) APPOINTMENTS (Attachment #14) Action Item: Vote on Ashley and Stephen Edmondson Event Application (Attachment #15) Public Comment Period (if any citizen wishes to speak) Adjournment Recess until Tuesday, May 20h 2025, at. 2:00 p.m. for the Broadband Authority Meeting to be followed by the 3:00, p.m. regular monthly meeting of the Board of Supervisors. a 1 Franklin County A Natural Selting for Opportuity EXEÇUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: April 15, 2025 Affordable Condo Association, Inc. CONSENT AGENDA: Ves UBECICROPOALREQUET BOARD ACTION: Yes Request for Letter of Support INFORMATION: Ves STRATEGIC PLAN FOCUS AREA: ATTACHMENTS: Yes - Dynamic Community Safety STAFF CONTACT/S): r Strategic Economic Development Steve Sandy, Deputy County Administrator r Enhanced Educational Opportunlties - Responsible Government Operations REVIEWED BY: Conserve & Promote Natural Assets Christopher L. Whitlow, County Administrator R Well Planned Growth BACKGROUND: It is the mission of the Affordable Condo Association, Inc. d/b/a Home Ownership Pathways and Education (hereinafter "Affordable Condo"), to address the growing need for affordable housing and financial literacy in the community. They provide housing, education, and supportive services to low- income individuals and families and spearhead several initiatives in this endeavor. DISCUSSION: Affordable Condo is currently applying for grant funding to help expand some of their key initiatives, some of which are mentioned in the attached letter from Jessica O'Neal, its Executive Director. Affordable Condoi is not currently asking for any funding from the Board, but only for a letter of support to assist them in obtaining a grant to expand their efforts. RECOMMENDATION: Staff respectfully recommends that the Board approve Affordable Condo Association, inc's request for a letter of support, and have attached a draft letter for your consideration. POSSIBLE BOARD ACTIONS: MOTION to APPROVE: make a motion to approve the request by Affordable Condo Association, Inc. d/b/a Home Ownership Pathways and Education and authorize County staff to supply a letter of support. MOTION to TABLE: I make a motion to table this request until receipt of additional information. MOTION to DENY: - make a motion this request. - Dear Franklin County Board of Supervisors, . hope this letter finds you well. I am writing to formally request a letter of support from the Franklin County Board of Supervisors on behalf of Affordable Condo Association, INC (doing business as Home Ownership Pathways and Education). Our organization is committed to developing communities by providing housing, education, and supportive services to ow-p-moderate-income individuals and families in Franklin County. Our mission is to address the growing need for affordable housing and financial literacy in our community through innovative and strategic programs. Some of our key initiatives include: HOPE (Homeownership Pathways and Education): A comprehensive program designed to prepare individuals and families for successful homeownership by providing financial education, credit improvement resources, and access to down payment assistance programs. TwoFold Harvest: A community garden initiative with two distinct purposes providing fresh produce to local residents and generating revenue to sustain our programs through produce sales. Affordable Housing Development: We are in the planning stages of developing a small, innovative community featuring 3D-printed concrete homes, a community center, a futsal court, and short-term rental options to create sustainable housing solutions. We are currently applying for grant funding to expand these efforts and make a greater impact on our community. A letter of support from the Franklin County Board of Supervisors would strengthen our application and demonstrate the county's commitment to addressing housing challenges and promoting community development. Thank you for your time and consideration. Please feel free to reach out if you have any questions or need additional information. Your support will make a meaningful difference in helping us create a stronger, more resilient community. Sincerely, Jessica O'Neal Executive Director Affordable Condo Association, INC (540) 302-6311 "dnssomsNcatneP March 27, 2025 Ms. Jessica O'Neal Exeçutive Director Affordable Condo Association, Inc. atidsstineg RE: Letter of Support To Whom it May Concem, At the direction of the Franklin County Board of Supervisors, I am submitting this letter of support on behalf of Affordable Condo Association, Inc., doing business as Home Ownership Pathways and Education. The Board recognizes and appreciates the organization's dedication to creating pathways to homeownership and fostering self-sufficiency for low- to- moderate income individuals and families within Franklin County. Affordable Condo. Association, Inc. has taken a thoughtful and strategic approach to addressing the growing need for affordable housing and financial literacy in our region. Through initiatives such as HOPE (Homeowmership Pathways and Education), the TwoFold Harvest community garden program, and plans for Affordable Housing Development, they are laying the groundwork for a small, innovative, and inclusive community that has the potential to transform lives and neighborhoods. The Board supports Ms. O'Neal's leadership and the organization's application for grant funding to expand these meaningful efforts. Their mission closely aligns with Franklin County's commitment to improving quality of life, economic opportunity, and housing stability for all residents. Please accept this letter as an expression of support from the Franklin County Board of Supervisors, with full authorization for the County Administrator to sign and transmit this letter on their behalf. Sincerely, Christopher L. Whitlow County Administrator - 2 Franklin County ANatural Sertingfor Opportinity EXEÇUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: April 15, 2025 Development of Old Chapel Road Collection Site ÇONSENT AGENDA: Yes SURVECTPROPOALREQUEST. BOARD ACTION: Yes INFORMATION: Ves Request for Bid to Build a Compactor Site at 100 Old Chapel Road ATTACHMENTS: Yes STRATEGIC PLAN FOCUS AREA: STAFF CONTACT(S): M Dynamic Community Safety Sink, Gauldin, Sandy Strategic Economic Development Enhanced Educational Opportunities REVIEWED BY: - Responsible Government Operations Christopher L. Whitlow, County Administratgr, Conserve & Promote Natural Assets P Well Planned Growth BACKGROUND: Franklin County maintains a landfill at 9340 Virgil Goode Highway (Route 220 South) in Rocky Mount, Virginia. This landfill is permitted by DEQ (SWP-577). Landfill collections operate 24 unmanned sites, 11 manned sites in the County, and compactor sites at all schools and Franklin County government buildings. To locate compactor sites in strategic areas around the County, staff has been reviewing different sites for viability. Franklin County owns three acres of land on Old Chapel Road, which currently houses a medium-sized green box site. Staff feels this site will make a very good compactor site and will be convenient for residents to use. DISCUSSION: Staff has identified the Old Chapel Road site as a potential compactor site. The location will cover the northern section of the Snow Creek district and provide a central location for residents of that area in Franklin County to dispose of their refuse. This collection site will house two compactors, a cardboard compactor, metal boxes, furniture, and bulk trash boxes and will accept tires. This site will be paved once it is completed. This site will be staffed. The staff positions for the site were approved in 2024. Engineering Concepts is performing engineering plan design and bid review for this project. The site should remain open for most of the time work is being performed, except when it is completely closed for paving, which is expected to take about three days at the end of the project. This project is paid out of existing capital account 30360044-57001. RECOMMENDATION: Staff requests permission to issue a request for Bid to construct a compactor site on the three acres at 100 Old Chapel Road. POSSIBLE BOARD ACTIONS: MOTION to APPROVE: I move to allow staff to issue the request for Bid to construct a compactor site on the three acres at 100 Old Chapel Road. MOTION to TABLE: I make a motion table discussion on the Old Chapel Road Collection site. MOTION to DENY: I make a motion to deny the request to issue a bid to construct the Old Chapel Road Collection site. - 3 Franklin County 4 Naneals Settingfor Opportumity EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: April 15, 2025 FY2026-2031 Secondary Six Year Plan (SSYP) CONSENT AGENDA: Yes UREIPROPOALREQUEST: BOARD ACTION: Yes Secondary System Construction Program for Secondary INFORMATION: Yes County Roads. ATTACHMENTS: Yes STRATEGIC PLAN FOCUS AREA: - Dynamic Community Safety STAFF CONTACT(S): - Strategic Economic Development Sandy, Cooper, Mathena r Enhanced Educational Opportunities REVIEWED BY: r Responsible Government Operations Christopher L. Whitlow, County Administratos N Conserve & Promote Natural Assets V Well Planned Growth BACKGROUND: The Commonwealth of Virginia requires the Board of Supervisors to review and adopt, by resolution, the Secondary Six Year Plan (SSYP) annually. Funds for the Secondary Six Year Plan (SSYP) and the construction budget are derived from state and federal fuel taxes, vehicle title fees, vehicle sales tax and one-half cent of the State's general sales tax. The predictability of funding amounts is greatly dictated by the financial climate of the times and changes of funding levels by the federal government. Therefore, in dealing with construction funds, especially in the Secondary Six Year Plan (SSYP), VDOT is dealing with approximations or projections. The Secondary Six Year Plan is based on estimated funding which is provided by the Financial Planning Division of VDOT. DISCUSSION: The Commonwealth Transportation Board (CTB) should adopt a funding scenario for FY2026-2031 during an upcoming regular scheduled meeting. The adoption of a funding scenario will allow VDOT staff to provide the Board of Supervisors with the allocated funding for the FY2026-2031 SSYP. The previous year SSYP was adopted in May 2024 by the Board of Supervisors by resolution #16- 05-2024, attached. It identified the following as rural rustic roads: 1. Bar Ridge Rd. (Route 659) a. From 0.96 miles N Route 626 to Route 946 b. Total 1.7 miles 2. Red Valley Rd. (Route 657) a. From intersection of Route 637 to 1.1 miles E Route 637 b. Total 1.8 miles 3. Novella Rd. (Route 635) a. From .02 miles S of Route 678 to.23 miles S Route 678 b. Total 0.2 miles 4. Webster Corner Rd. (Route 744) a. From 0.7 miles N of Route 643 to 1.45 miles N Route 643 b. Total 0.7 miles 5. Timberline Rd. (Route 865) a. From 0.33 miles S of Route 623 to 1.35 miles S (Route 623) b. Total 1.0 6. Stave Mill Rd. (Route 795) a. From 0.2 miles E of Route 40 to 0.31 miles Route 640 b. Total 0.4 7. Narrows Rd. (Route 881) a. 075 miles E of Route 692 to end of State Maintenance b. Total 0.3 8. Clark Rd. (Route 755) a. From Route 619 to Route 220 b. Total 0.6 VDOT will supply information if the Board of Supervisors can add an existing state-maintained road onto theplan at the upcoming work session on April 18"h. A public hearing is being requested for the Board of Supervisors May 20th meeting. RECOMMENDATION: Staff respectfully requests that the Board of Supervisors authorize staff to advertise for a public hearing to be held at its Tuesday, May 20th regularly scheduled meeting for the FY 2026-2031 Secondary Six Year Plan (SSYP) consideration and adoption. POSSIBLE BOARD ACTIONS: MOTION to APPROVE: I make a motion to authorize staff to advertise for a public hearing to be held at the Board of Supervisors' May 20th meeting. MOTION to TABLE: I make a motion to table the request to advertise for a public hearing to be held at the Board of Supervisors' May 20th meeting. MOTION to DENY: I make a motion to deny the request to advertise for a public hearing to be held at the Board of Supervisors' May 20th meeting. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION Stephen C Brich. PE 731 Hireson Ave Commissioner Salens, VA: 241530560 June 14, 2024 Anthony W. Ford, P.E. PIM Director 731 Harrison Avenue Salem, VA 24153 Subject: Secondary Six Year Plan FY 2025 to FY 2030 - Franklin County Dear Anthony, Enclosed find the subject six-year plan including the adopted resolution (#16-05-2024) from the Franklin County Board ofSupervisors approving said plan during their May 21, 2024 meeting. Sincerely, Bmn Conell Brian Casella, PE, LS Assistant Resident Engineer - Land Use Bedford Residency Enclosures (8) CC: Todd Daniel Christopher Whitlow Lisa Cooper - VirginiaDOT org WE KEEP VIRGINIA MOVING - a a à 8 8 9 I E 3 d8 8 2 3 * & 3 2 a 8 - - 2 : e 8 : - 3 e e - a 1 - 1 3 f 2 E 8 i I 8 3 1 8 * 1 1 : e I I * : S : : a 5 a B & : : & 3 3 3 a S 3 3 3 2 : 3 3 8 3 3 - : 9 : d8 : 3 8 : E 8 8 * a I : . : a I I I I 8 I 8 3 $ $ 3 I a à E * & 8 3 4 & 8 I 2 à 8 1 3 1 2 2 : 3 a & : E 9 a € E * B N I a : & * : 1 8 : to - B E I I 8 3 I a I 2 1 I 3 3 : a 9 : I 3 : E : E E E E I E : 3 2 3 8 - 8 a a B I E I a : 3 3 E : 8 3 - : I I 4 E E E 3 B 3 : 3 a I à à B : 3 8 a : : : e 8 8 I 8 8 8 : 2 - E à à I 3 a 5 3 3 8 8 E : : E 3 - I 1 : I 3 2 $ 6 : 9 8 8 3 & 3 8 a 8 8 I : 8 $ 3 - - : I - 3 : & : E à I - , 5 e & 8 3 & € 8 3 E a 8 3 * & 8 2 8 3 - 3 - & * L I € & € 9 8 à a 1 I à - I e I I 3 I 9 - e a : B a : 5 E 5 : 3 a S : 2 3 3 9 a 8 : I I : E * I I 3 3 e I A & E 3 8 8 à à 8 I à & I & - a I I 3 & 2 of 4 3 e - € - - : - 6 3 : 1 I 8 I I - V 1 3 1 I : 8 e A 8 2 : a a I I - - : : B I 8 $ B e : E E I : I : I a : I : 8 3 8 B : a E I E d I 3 8 3 I $ 2 - : I I I B I - I 2 3 3 B I I : I a I 3 8 8 8 3 a & : a a : a I S I I I I I I I 5 & 8 à & I I - I 9 I a e to E & é RESOLUTION #16-05-2024 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF FRANKLIN COUNTY, VIRGINIA, HELD AT THE FRANKLIN COUNTY GOVERNMENT CENTER ON TUESDAY, MAY 21, 2024 APPROVING THE SECONDARY SIX VEAR PLAN FOR FISCAL YEARS 2025 THROUGH 2030. WHEREAS, Section 33.2-331 of the Code of Virginia (1950, as amended) provides the opportunity for Franklin County to work with the Virginia Department of Transportation in developing the Secondary Six Year Plan; and WHEREAS, the Board had previously agreed to assist in the preparation of the Secondary Six Year Plan (SSYP), in accordance with Virginia Department of Transportation policies and procedures; and WHEREAS, the Board had previously agreed and approved the Construction Priority List as follows: Priority Road Name Scope of Work 1 Bar Ridge Road/Route 659 Resurfacing 2 Red Valley Road/Route 657 Resurfacing 3 Novella Road/Route 635 Resurfacing 4 Webster Corner Road/Route 744 Resurfacing 5 Timberline/Route 865 Resurfacing 6 Stave MHI Road/Route 795 Resurfacing 7 Narrows Road/Route 881 Resurfacing 8 Clark Road/Route 755 Resurfacing WHEREAS, a public hearing which was duly advertised on the proposed Secondary Six Year Plan (SSYP) for fiscal years 2025-2030 was held on May 21, 2024, to receive comments and recommendations on Franklin County's Secondary Six Year Plan (SSYP) for fiscal years 2025 through 2030 and Construction Priority List and Estimated Allocation of $336,929 for fiscal year 2023 ($2,171,020 for FY2025-2030); and NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Franklin County, Virginia that the Board of Supervisors hereby adopts the advertised FV2025-2030 Secondary Six Year Plan (SSYP) as submitted; and BEDFORD RESIDENCY - JUN -3 2024 BE IT FURTHER RESOLVED, by the Board of Supervisors of Franklin County, Virginia that the Board of Supervisors hereby adopts the Construction Priority List and Estimated Allocations for fiscal year 2025; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. MOTION BY: Supervisor Tim Tatum SECONDED BY: Supervisor Nick Mitchell VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Quinn, Smith, Tatum, Thompson, Carter, Mitchell and Jamison NAYS: None ABSENT: ATTEST:, Km lerib Amy Renick Clerk, Franklin County Board of Supervisors - - Franklin County AA Natural Serting for Opportnity EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: April 15, 2025 Digital Skills, Literacy, and Distribution (DSLD) Grant CONSENT AGENDA: Yes SUBJECT/PROPOSALREQUEST: BOARD ACTION: Yes Board Letter of Support for DSLD Grant INFORMATION: No ATTACHMENTS: Yes STRATEGIC PLAN FOCUS AREA: r Dynamic Community Safety STAFF CONTACT/S): r Strategic Economic Development Foster and Poe - Enhanced Educational Opportunities R Responsible Government Operations REVIEWED BY: Conserve & Promote Natural Assets Christopher L. Whitlow, County Administrator. - Well Planned Growth BACKGROUND: The Digital Skills, Literacy, and Distribution (DSLD) Grant is administered by the Virginia Department of Housing and Community Development (DHCD) and funded by the National Telecommunications and Information Administration (NTIA) through the State Digital Equity Capacity Grant (SDECG) Program. The DSLD Grant provides three years of funding to develop or expand programs focused on digital skills and literacy, digital navigation and technical support, and device refurbishment and distribution Projects must align with DHCD's Virginia Digital Opportunity Plan, supporting efforts to increase broadband adoption and digital equity for covered populations. The application deadline is April 21, 2025. DISCUSSION: Ferrum College, in partnership with Franklin County and West Piedmont Regional Adult Education (Region 12), intends to apply for $400,000 in DSLD funding. Ferrum College will be using the funding to establish a digital learning lab on campus, while Franklin County will use the funds to update and modernize AN equipment at The Franklin Center and acquire two mobile laptop carts (one for the Franklin Center and one for the Essig Center). West Piedmont Regional Adult Education will purchase the curriculum to deliver digital literacy courses, with Ferrum College providing instructional support. This collaborative initiative will enable multiple sites in Franklin County to offer digital literacy programming, addressing the digital divide and strengthening workforce development efforts. RECOMMENDATION: Staff recommends the Board authorize the County Administrator to sign the Letter of Support for Ferrum College's DSLD Grant application. A copy of the proposed letter is attached for review. POSSIBLE BOARD ACTIONS: MOTION to APPROVE: H make a motion to authorize the County Administrator, or designee, to sign the Letter of Support for the DSLD Grant on behalf of Franklin County. MOTION to TABLE: I make a motion to Table this item until additional information or clarification can be provided. MOTION to DENY: I make a motion to decline the request and direct staff to notify Ferrum College and DHCD of the County's decision not to support the DSLD Grant application. 5 To Whom It May Concern: Franklin County is pleased to offer its full support for Ferrum College's application to the Digital Skills, Literacy, and Distribution (DSLD) Grant Program. This partnership between Ferrum College, Franklin County, and West Piedmont Regional Adult Education (Region 12) represents a coordinated effort to bridge the digital divide and promote workforce development across our community. If awarded, this grant will allow Ferrum College to establish a digital learning lab on campus that can serve students and community members alike. Franklin County will use the funds to modernize audiovisual equipment at The Franklin Center and purchase mobile laptop carts to expand access to technology at both the Franklin Center and the Essig Center. West Piedmont Regional Adult Education will implement a digital literacy curriculum, while Ferrum College will provide instructors to deliver the training at each site. This project will create a shared structure for offering digital literacy courses in Franklin County, giving residents increased access to devices, improved digital skills, and greater opportunity for economic advancement. We believe this collaborative approach is the right path forward to support residents who have historically been left behind in today's digital economy. Franklin County is proud to stand behind this initiative and looks forward to working alongside our partners to implement this important program. We appreciate your consideration and urge your support of this application. Sincerely, Christopher L. Whitlow County Administrator Franklin County, Virginia 5 Franklin County A Natural Settingfor Opporumity EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: April 15, 2025 Approval & Appropriation of Microgrant Removing Barriers Related to Academic Achievement to FCPS CONSENT AGENDA: Yes BOARD ACTION: Ves SUNECTEROPOBALREQUEST. INFORMATION: No Staff analysis of the schools' appropriation request ATTACHMENTS: Yes STRATEGIC PLAN FOCUS AREA: - Dynamic Community Safety STAFF CONTACT(S): Brian Carter, Deputy County Administrator Strategic Economic Development Dawn Wright-Lawson, Assistant Director of V Enhanced Educational Opportunities Business and Finance, FCPS Responsible Government Operations REVIEWED BY: Conserve & Promote Natural Assets Christopher L. Whitlow, County Administrator Well Planned Growth BACKGROUND: The Board of Supervisors has requested that County staff review appropriation requests from the Franklin County Public Schools. DISCUSSION: The Franklin County Public Schools were awarded a microgrant in the amount of $10,625 for the Virginia Department of Education for Removing Barriers Related to Academic Achievement. Grant funds are used to support educating families in removing barriers to education, specifically focusing on cell phone addictions and mental health challenges related to social media. The grant was approved by the School Board at its April 7, 2025, meeting. The Schools are requesting the Board of Supervisors appropriate the additional grant funding of $10,625 to be spent for the program as outlined in this summary. There is no additional local funding requested from the Board of Supervisors. RECOMMENDATION: Staff respectfully requests the Board of Supervisors approve the Schools' appropriation request for the Removing Barriers Related to Academic Achievement Microgrant in the amount of $10,625. POSSIBLE BOARD ACTIONS: MOTION to APPROVE: I make a motion to approve the Schools' request and to appropriate funding in the amount of $10,625 for the Removing Barriers Related to Academic Achievement Microgrant. MOTION to TABLE: I make a motion to table the Schools' appropriation request until additional information can be provided. MOTION to DENY: I make a motion to deny the Schools' appropriation request. FRANKLIN COUNTY PUBLIC SCHOOLS Office of Superintendent 25 Bernard Road Rocky Mount, VA 24151-6614 (540) 483-5138 FAX (540) 483-5806 April 8, 2025 Mr. Brian Carter Franklin County Depuly Administrator 1255 Franklin Street, Suite 111 Rocky Mount, VA 24151 Dear Brian: I am writing to request that the Franklin County Board of Supervisors consider approving an appropriation request for the 2024-25 fiscal year for $10,625 for the Microgrant-Remowing Barriers Related to Academic Achievement. The Franklin County School Board approved this request at its regular meeting on April 7, 2025. Research shows a strong correlation between chronic absenteeism and lower test scores in reading, math, and other subjects. In addition to the adverse effects on academic achievement, there are other negative outcomes as a result of missing school. These include reducing students' engagement and motivation leading to feelings of isolation, anxiety, and disengagement from school. Moreover, school high students who are chronically absent are more likely to drop out before graduation. In addition to chronic absenteeism, we are also choosing to build parent awareness regarding their child's digital habits including cell phones as well as their social well-being in the context of social media and bullying. All ten of our elementary schools are identified as Title land have strong parent and family engagement supports in place. This grant provided an opportunity to build parent capacity at the middle and high school levels by providing funding to hold Parent and Family engagement events. This grant is fully reimbursable. We respectfully request that the Franklin County Board of Supervisors give its approval for this request at their earliest avallable meeting. We will attend the meeting to respond to any questions as needed. Thank you for your consideration. Sincerely, Aefwr Dawh Wright-Lawson Assistant Director of Business & Finance CC: Dr. Kevin Siers, Division Superintendent Mr. Tim Overstreet, Assistant Superintendent Mr. Gregg Cuddy, Director of Human Resources Ms. Sharon L. Tuttle, Director of Business & Finance Mr. Christopher Whitlow, County Administrator - Franklin County A/ Nturals Settingfor Opportuity EXEÇUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: April 15, 2025 Participation in County Health Insurançe Plan CONSENT, AGENDA: Ves SUBECIEROPSALREQUEST. BOARD ACTION: Yes Approve resolutions required by The Local Choice for INFORMATION: No participation in the County's health plan ATTACHMENTS: Yes STRATEGIC PLAN FOCUS AREA: STAFF - Dynamic Community Safety CONTACTIS): Brian Carter, Deputy Administrator - Strategic Economic Development County Pat Barnes, Director of Human Resources Enhanced Educational Opportunities V Responsible Government Operations REVIEWED BY: Conserve & Promote Natural Assets Christopher L. Whitlow, County Administratgn. - Well Planned Growth BACKGROUND: The County's insurance consultant, Pierce Group Benefits, provided a health insurance renewal update at the Board of Supervisors' March 18, 2025 meeting. The results of the request for proposals yielded the lowest proposal from Anthem with a 15% increase in premiums. Another option, The Local Choice (TLC), was presented to the Board as a pooled self-funded plan option managed by the Viriginia Department of Human Resource Management. TLC provided a premium reduction of -4.8%. The Board ultimately approved staff to move forward with enrolling in TLC. DISCUSSION: Three resolutions are required to be passed by the Board of Supervisors in order for TLC to enroll part- time employees, pre-65 retirees, and Board Members in the health plan benefit. Not all part-time employees are eligible for health plan benefits. An employee who works 29 hours or less per week on average and has worked for the County for at least five consecutive years in a part-time role is eligible to participate in the County's health plan. Full-time County employees with at least 12 years of consecutive service who retire with no break in health insurance coverage may also return part-time and be eligible for the health plan. Part-time employees under these scenarios must pay the full amount of the employee portion of the health premium as well as 50% of the employer portion of the premium. Currently 7 part- time employees are utilizing this benefit. Part-time employees who work 30 hours or more per week are considered full-time per the requirements of the Affordable Care Act and must be offered enrollment in the County's health plan at the rates offered to full-time employees. There are no changes required to the County's current treatment of eligible part-time employees, and they will be able to participate in the new TLC plan once the Board passes the resolution attached to this summary. Any changes to the current part-time plan structure can be reviewed before approval. The second resolution addresses pre-65 retirees. Any employee who retires from Franklin County with VRS eligible retirement is allowed to remain on the County's health insurance plan until they reach the current Medicare eligibility age of 65. The retiree pays the full health insurance premium cost with no County contribution. The third resolution addresses participation by Board Members in the health plan. Board members are currently allowed to participate in the County's health plan and receive the same premium rates as full- time employees. RECOMMENDATION: Staff respectfully request the Board of Supervisors approve the resolutions authorizing part-time employee participation, pre-65 retiree participation, and Board Member participation in the County's health plan with TLC. These benefits are offered in the current health plan, and there will be no change in benefits for those eligible members once these resolutions are approved. POSSIBLE BOARD ACTIONS: MOTION to APPROVE: I make a motion to approve the resolutions authorizing part-time employees to participate, pre-65 retirees to participate, and Board Members to participate in the County's health insurance plan with The Local Choice. MOTION to TABLE: I make a motion to table the resolutions until additional information can be provided. MOTION to DENY: I make a motion to deny the resolutions for participation in the County's health plan. - RESOLUTION Concerning participation by Pre-65 Retirees in the Health Insurance Plan WHEREAS the Franklin County Government provides all full-time employees with medical health insurance through a health insurance plan "the Plan" and WHEREAS only those retired employees who are under the age of 65 and not yet eligible for Medicare will be eligible for the Health Insurance Plan until Medicare age and will pay the full premium for the Plan and WHEREAS the Franklin County Government reserves the right to modify or discontinue health care plans and third-party providers at its discretion. NOW THEREFORE BE IT RESOLVED that the Franklin County Government does hereby extend the option for Pre-65 retired employees to participate in the health insurance plan at the full premium rate until they are eligible for Medicare. Date: Signed By: Attested By: - RESOLUTION Concerning participation by Part Time Employees in the Health Insurance Plan WHEREAS the Franklin County Government provides all full-time employees with medical health insurance through a health insurance plan the Plan" and WHEREAS the Franklin County Government will pay at least 50% of the amount contributed for Full Time employees and their dependents, for Part Time employees who have worked at Franklin County for 5 or more years and work a minimum of 20-29 hours on a weekly schedule and WHEREAS the Franklin County Government will pay at least 50% of the amount contributed for Full Time employees and their dependents for Full Time employees who retire with 12 years consecutive service, and are hired back Part Time with no break in Health Coverage and WHEREAS the Franklin County Government reserves the right to modify or discontinue health care plans and third-party providers at its discretion. NOW THEREFORE BE IT RESOLVED that the Franklin County Government does hereby extend the option for eligible Part Time employees to participate in the health insurance plan. Date: Signed By: Attested By: 6 RESOLUTION Concerning participation by Board Members in the Health Insurance Plan WHEREAS the Franklin County Government provides all full-time employees with medical health insurance through a health insurance plan "the Plan" and WHEREAS Board Members will be eligible for the Health Insurance at the same rate as Full-Time employees and WHEREAS the Franklin County Government reserves the right to modify or discontinue health care plans and third-party providers at its discretion. NOW THEREFORE BE IT RESOLVED that the Franklin County Government does hereby extend the option for Board Members to participate in the health insurance plan at the same rate as Full-Time employees. Date: Signed By: Attested By: - 7 Franklin County A Natural Serting far Opportumily EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: April 15, 2025 Surplus Declaration of County Property CONSENT AGENDA: Ves UBETPROPOALREQUET. BOARD ACTION: Yes INFORMATION: No Request Board Approval fori the Disposal of County Surplus Vehicles and Equipment ATTACHMENTS: Ves STRATEGIC PLAN FOCUS AREA: STAFF CONTACT(S): - Dynamic Community Safety Brandy Rosser, Assistant County Administrator M Strategic Economic Development - Enhanced Educational Opportunities REVIEWED BY: R Responsible Government Operations Christopher L. Whitlow, County Administrator B - Conserve & Promote Natural Assets - Well Planned Growth BAÇKGROUND: Franklin County Department of General Properties is responsible for properties declared surplus and in charge of seeing that said properties are sold at public auction or otherwise properly disposed of. General Properties' staff contacted all County and Constitutional Offices to see if any department had a vehicle(s), equipment, or real property in need of surplus. Departments wanting to surplus a vehicle(s) or equipment were required to complete an inspection form documenting the current condition of the asset, as well as provide staff with the keys and titles as necessary. General Properties compiled a list of all vehicles and equipment being proposed for surplus and is requesting that a public auction be held in April 2025 using GovDeals, an online marketplace that provides services to government, educational, and related entities for the sale of surplus assets to the public. The real property that is being proposed for surplus will not be auctioned on GovDeals. If the County chooses to dispose of the real property, it will be handled in a separate manner. DISCUSSION: General Properties received information about ten (10) vehicles, various pieces of equipment, and one real property that staff are requesting to be surplused. A memorandum summarizing that information is attached for your review, along with a separate resolution for the real property request. Of the vehicles and equipment included in the memorandum, none of them are to be transferred to other departments due to their current condition; all vehicles/equipment are to be auctioned. RECOMMENDATION: Staff respectfully request authorization from the Board of Supervisors to declare surplus the vehicles and equipment included in the attached memorandum dated April 9, 2025 and authorize General Properties' staff to offer the items for sale. Staff also recommend that the Board adopt the attached resolution declaring the County-owned property located at 275 West College Street, Rocky Mount, as surplus. POSSIBLE BOARD ACTIONS: MOTION to APPROVE: I make a motion that the Board of Supervisors declare the vehicles and equipment included in the attached memorandum dated April 8, 2025, as surplus and authorize General Properties' staff to offer the items for sale. also make a motion that the Board of Supervisors adopt the attached resolution declaring the County-owned property located at 275 West College Street, Rocky Mount, as surplus. MOTION to TABLE: - make a motion that the Board of Supervisors table the request to declare the vehicles, equipment, and real property surplus until additional information can be provided. MOTION to DENY: I make a motion that the Board of Supervisors deny the request to declare the vehicles, equipment, and real property surplus. C - Franklin County A Natural, Sertingfor Oppornunity MEMORANDUM TO: Brandy Rosser, Assistant County Administrator FROM: Dawn Prillaman, Administrative Assistant i DATE: April 9, 2025 REF: Surplus Items by Department Please be advised that our Department has reçeived documentation regarding the potential sale or re-assignment to other County departments of the following items: Franklin Center 1. Four (4) office chairs and one lot including coffee pots/urns, miscellaneous office supplies Public Safety 1. One (1) Jackson PA-1 dishwasher (located at the Animal Shelter) Unknown condition 2. One (1) large industrial rack (located at the Animal Shelter) Unknown condition 3. One (1) 8ft LEER bed (located in Courthouse parking lot) Unknown condition 4. One (1) Mayer STL-7.5 snowplow w/mounting bracket In need of repairs Very worn condition 5. 2004 Ford Explorer 1FMZ473W944B31376 169,000 miles Fair condition 6. 2007 Ford Expedition 1FMFK16537LA72098 Unknown mileage Poor condition 1 7. 2014 Dodge Charger 2C3CDXAT4EH347907 Unknown mileage/naccurate odometer Poor condition 8. 2008 Land Rite trailer Poor condition 9. Bandit boat trailer Poor condition 10. Lot of miscellaneous electroniç items (VCR/DVD player, siren amplifier, handheld light controller, power supply, siren box, etc.) Sheriff's Office 1. 2006 Chevy Impala 261W5551169423227 175,508 miles Poor condition 2. 2003 Mazda Protégé M181245831112938 Mileage unknown due to electriçal issues Key stuck in the ignition Fair condition 3. 2003 BMW 325i WBAEV33423423KL81296 157,704 miles Fair condition *seized vehicle 4. 2004 BMW 330xi WBAEW53494PN32549 62,579 miles Fair condition *seized vehicle Landfill 1. Wood Chuck woodchipper 4 cylinder, Ford diesel engine 6,402 hours New blades, but in need of repair 2 2. 1997 Ford F-150 1FTDF18W/VNB8380 218,000 miles Very poor condition 3. 2001 Ford Explorer 1FMDU72E51ZA23760 192,900 miles Very poor condition 4. 2000 Chevrolet C/K 3500 1GCHK39RIYF422092 238,430 miles Fair condition General Properties 1. 2006 Carrier Mini Split HVAC unit Used for two years Removed from service during remodel Located at Tanyard storage 2. Filing cabinets, chairs, bookshelves, desks Fair to poor condition Currently located at Tanyard Storage County Administration 1. One (1) lot of miscellaneous office supplies 2. County-owned property located at 275 West College Street, Rocky Mount Tax Map #: 2070040901 Property is currently leased to STEP, Inc. *Separate resolution attached for this item - 3 RESOLUTION NO. RESOLUTION DECLARING CERTAIN REAL PROPERTY AS SURPLUS TO THE NEEDS OF THE COUNTY OF FRANKLIN, VIRGINIA WHEREAS, the County of Franklin, Virginia has determined that certain real property with a street address of275 West College Street, Rocky Mount, Virginia 24151, is no longer needed for its current purposes; and WHEREAS, the County of Franklin, Virginia desires to declare such real property as surplus and make it available for disposition in accordance with applicable law; and NOW, THEREFORE BE IT RESOLVED that the Board ofs Supervisors of the County of Franklin, Virginia, hereby declares the real property located at 275 West College Street, Rocky Mount, Virginia 24151, with a tax map # of 2070040901, as surplus to its needs and authorizes its disposition in accordance with applicable law. RESOLVED AND ADOPTED this day of April, 2025. AYE: NAY: ABSENT: *Roll call vote was taken* ATTEST: Christopher Whitlow County Administrator - 8 Franklin County Agricultural Development Committee BYLAWS ARTICLE I: Name The name ofthe organization shall be Franklin County Agricultural Development Committee (FCADC). ARTICLE II: Purpose The Directors of the FCADC will: Promote and enhance the economic viability of production agriculture, forestry, and agri-business. Represent the agricultural community's position on policy issues at the local, state, and federal level. Provide advice and counsel to the Franklin County Board of Supervisors on policies relating to viability and sustainability of agriculture. Partner with other organizations to increase public understanding and awareness of state-of-the-art agricultural practices. Promote utilization ofland use, conservation, and agricultural best management practices. Expand agricultural educational programming and workforce development. Advocate and coordinate agricultural economic development, investment, marketing, and promotion activities. Establish a network of agriculture producers and suppliers to encourage diversification and strengthen the agricultural infrastructure. Promote agri-tourism. Promote positive networks among stakeholders. ARTICLE III: Membership A. Selection and Term Voting members shall represent each election district in Franklin County with seven (7) individuals appointed by the Board ofSupervisors. One member shall be appointed from each of the County's seven election districts. For the purpose ofthe first meeting oft the FCADC, the membership on the FCADC shall be divided into two groups. At the first meeting, four (4) Directors shall be appointed to serve a one (1): year term and three (3) shall be appointed to serve a two (2) year term; thereby creating staggered terms. Subsequent appointments of Directors shall be for a term oftwo (2) years and may be reappointed for two (2) additional two-year terms. After serving three (3) consecutive terms, FCADC members may be reappointed after a one-year absence. At the sole discretion of the Committee, Directors may continue to serve as a regular, voting member beyond the end oftheir term until a successor is appointed. Committee membership should include, to the greatest extent practicable, a variety of agricultural enterprises, including but not limited to: Beef Cattle, Dairy, Row Crops, Horticulture, Produce, Poultry, and Small Ruminants. B. Attendance In the event any voting member fails to attend any three (3) or more consecutive scheduled meetings or 25% of he scheduled meetings in a twelve-month period, the FCADCI has the option to declare the seat vacant and seek ai replacement. (00474145.DOCX 1 C. Nominating Process The FCADC Chair shall appoint a Nominating Committee no later than September of each year. The Nominating Committee shall produce a slate ofnominees for FCADC positions becoming vacant at the enb oft the year. The Nominating Committee shall seek membership recommendations using public media, written correspondence, and other communication options. A slate of nominees shall be proposed to the full FCADC for review, amendment, and approval. The approved slate of nominees shall be submitted to the Board of Supervisors by December. The Nominating Committee shall also recommend nominees for any FCADC vacancies occurring within an unexpired term. The remaining FCADC members shall review, amend, and approve the nominees at any regular or special meeting, and submit the nominee to the Board of Supervisors for approval. The person selected to fill such vacancy shall serve for the unexpired term of the Director whose vaçancy is sO filled. ARTICLE IV: Officers A. Officers The officers shall consist of a Chair, Vice Chair, and Secretary selected from among the appointed voting members at the annual meeting oft the FCADCI in December ofe each year. B. Terms of Officers Officers shall serve a onc-year term from the December meeting at which they are elected until their successors are duly elected the following December. Officers may be re-elected for one additional consecutive term. C. Responsibilities ofthe Chair The Chair shall preside at all meetings of the FCADC, authorize calls for any special meetings, appoint all subcommittees, execute all documents authorized by the FCADC, serve as an ex-officio voting member of all subcommittees, oversee FCADC activities, set agendas for FCADC meetings, serve as the liaison to the Franklin County Board ofSupervisors, and generally perform all duties associated with that office. D. Responsibilities oft the Vice Chair The Vice Chair, in the event of the absence or disability of the Chair or vacancy in that office, shall assume and perform the duties of Chair. E. Responsibilities oft the Secretary The Secretary shall, with staff support, take minutes of each meeting and present minutes to the FCADC as requested. F. Additional Officers The Board may appoint additional officers as needed for a limited term. G. Vacancies and Special Appointments In the event of a vacancy in any office, a special appointment may be held to fill the position for the remainder ofthe term. ARTICLE V: Meetings A. Regular Meetings (00474145. DOCX 1 2 Regular meetings shall be held at least quarterly. The date, hour, and location of the regular meeting will be set by the FCADC at its Annual Meeting. All regular meetings will be open to the public. The FCADC will follow 11 guidelines established under the Virginia Freedom ofInformation Act. B. Annual Meeting The Annual Meeting, held in December of each year, shall be for the purpose oft the election of officers and the establishment of the regular meeting times. C. Special Meetings Special meetings may be called by the Chair or at the request of three (3) directors for the transaction of business as stated in the call for the special meeting. D. Electronic Meetings Provided that a quorum is physically present at one place that is open to the public and arrangements have been made for all persons to be able to hear one another speak, the FCADC may allow members to participate in meetings electronically under the provisions ofthis section. On or before the day of a meeting, a member of the FCADC must notify the Chair that: a. Such member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance; or b. Such member is unable to attend thei meeting due to a personal matter and identifies with specificity the nature of the personal matter. Participation by a member pursuant to this subdivision is limited each calendar year to two meetings. The Secretary shall record in its minutes the remote location from which the member participated and the reason why the electronic participation was authorized. The FCADC may meet by electronic communication means without a quorum physically assembled at one location when the Governor has declared a state of emergency, provided that (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to address the emergency. In such circumstance, the FCADC shall: a. Give public notice using the best available method given the nature oft the emergency, which notice shall be given contemporancously with the notice provided to members of the public body conducting the meeting; b. Make arrangements for public access to such meeting; and C. Otherwise comply with the provisions of this section. The nature ofthe emergency, the fact that the meeting was held by electronic communication means, and the type of electronic communication means by which the meeting was held shall be stated in the minutes. 5. Quorum At least four (4) FCADC members then serving in office shall constitute a quorum for the transaction of business at any regular or special meeting ofthe FCADC. Provided a quorum exists, any questions coming (00474145 DOCX 1 3 before the FCADC shall be determined by a simple majority roll call vote of the FCADC members present at such meeting. Electronic attendance is permitted and will count toward the quorum. F. Minutes Robert's Rules of Order shall govern proceedings of all meetings of the FCADC. Summary minutes reflecting the actions and recommendations of the FCADC shall be prepared and shall be forwarded to all members within 30 days and to Franklin County Board ofSupervisors upon request. G. Cancellation Any regular or special meeting ofthe FCADC or its subcommittees may be canceled when adverse conditions exist. All voting and non-voting members shall be notified as soon as possible regarding the cancellation. ARTICLE VI: Committees A. Standing Committees The FCADC shall appoint Standing Committees as needed to conduct the business oft the Board. B. Ad Hoc Committees Additional ad hoc committees or task forces may be created as needed. C. Meetings with the Board of Supervisors and FCADC Committees. The FCADC shall meet with the full Board of Supervisors and with its subcommittees as needed. D. Subcommittee Meetings The Chair of each subcommittee shall call subcommittee meetings as deemed appropriate. E. Staff Participation County staff shall provide administrative support to the FCADC. ARTICLE VII: Amendments These bylaws may be amended at any regular meeting of the FCADCby two-thirds votes of the FCADC. Notice of any proposed amendment must first be submitted in writing to the FCADC two weeks (14 days) prior to such meeting. No amendments to the bylaws shall take effect until such amendments have also been approved by a majority vote ofthe Franklin County Board ofs Supervisors. - (00474145. DOCX 1 4 Bedford Residency VDOT Brian Casella = Resident Engineer Virginia Department of Transportation VDOT Call Center = 1-800-FOR-ROAD (1-800-367-7623) To: Franklin County Board of Supervisors Subject: April 2025 Franklin County VDOT Monthly Updates MAINTENANCE Maintenance Activities for Previous 30 Days: Ordinary maintenance - Pavement (pothole) repair, gravel road repair, right of way brush cutting operations (County wide), shoulder repairs (County wide), storm water culvert repairs and cleaning (County wide) and guardrail repairs. Route 122 (Booker T. Washington Hwy.) - Slope repair at Halesford Bridge; COMPLETED Route 623 (Fairy Stone Park Rd.) - Bridge replacement; COMPLETED Maintenance Activities for Next 60 Days: Ordinary Maintenance - Pavement (pothole) repair, gravel road repair, right of way brush cutting operations (County wide), shoulder repairs (County wide), storm water culvert repairs and cleaning county wide, guardrail repair. Secondary routes Brush removal and shoulder work in preparation for FY25 schedules; patching operations in preparation for FY25 schedules. Primary and secondary routes - Tree and brush removal from recent storms. Surface treatment schedule tentatively scheduled to begin in July. Plant mix (PM2H) schedule to begin on the following primary routes: Route 40 (Old Franklin Turnpike) - from Town limits to Rte. 706 (Woodman Rd.) Route 220N (Virgil Goode Hwy.) - from Rte. F-614 (Northside Rd.) to Rte. F-611 (Cornell Rd.) Plant mix (FY25) schedule to begin on the following secondary routes: Route 635 (Bonbrook Mill Rd.) - COMPLETED Route 945 (Kemp Ford Rd.) - COMPLETED Route 705 (Chestnut Hill Rd.) - COMPLETED Route 1036 (Willow Creek Rd.) - COMPLETED Route 619 (Pleasant Hill Rd.) - COMPLETED Route 9122 (Middle School Rd.) Route 619 (Fanny Cook Rd.) - COMPLETED Route 602 (Callaway Rd.) - Page 1 of3 Maintenance Activities for Next 60 Days (cont.): Route 1235 (Lakemount Dr.) Route 1240 (Village Lane) Route 1241 (Aspen Way) Route 1236 (Lakemount Circle) Route 951 (Redbud Lane) Route 1480 (Chestnut Creek Dr.) Route 1483 (Par Five Lane) Route 1484 (Breeden Ct.) Route 1481 (North Church Dr.) Route 1482 (Cambridge Ct.) Route 1250 (Indian Pointe Dr.) Route 1251 (Arrow Lane) Route 1253 (Maiden Lane) Route 1252 (Chestnut Pointe Dr.) Route 616 (Morewood Rd.) Route 1245 (Hales Point Dr.) Route 1234 (Long sland Dr.) LAND DEVELOPMENT & PERMITS 235 Active permits to include: 65 utilities, 153 private entrances, 7 commercial entrances, 1 private utility, 4 roadside memorials, 1 maintenance of traffic permit, 1 grading permit, 2 road construction (1-LAP) and 1 environmental spill cleanup. Of these, 22 were issued in March to include 14 private entrances, 3 commercial entrance and 5 utility permits. 4 plan reviews and 2 special use/rezoning applications: Moser - Review of site plan for the addition of an event hall for existing development. Westlake Carwash = Review of site plan for a carwash in the Westlake area. WVWA - Review of utility plan for sewer line installation beginning on Rte. 220S extending into the Town limits. Cornell Multifamily Units - Review of site plan for residential units on Rte. F-612 (Cornell Rd.). McDaniels - Review of special use application for a variance. Turner Review of rezoning application to change the zoning from B2 to A1. € Page 2 of 3 CONSTRUCTION Franklin County Summit View Business Park Connector Rd. in progress; (Franklin County locally administered project - UPC 111362) TRAFFIC STUDIES/SPECIAL REQUESTS Requested Safety Studies (for previous 30 days): Connector Rd. Review of overall signage on roadway due to anticipated project completion. (internal request - Boone District) Completed Safety Studies: N/A PROJECT STATUS Route 220/Route 635 (Bonbrook Mill Rd.) - Smart Scale project for improvements at the intersection. In progress. (UPC 119463) Route 220/Route 697 (Wirtz Rd.) - Corridor intersection improvements that consist of thru-cut configurations. In progress. (UPC 115455) Route 220/Route 619 Sontag)/619 (Pleasant Hill)/816 (Cassell) - Corridor intersection improvements that consist of thru-cut configurations and safety improvements at Route 220/Route 619 (Pleasant Hill Dr.). In progress. (UPC 115455) Route 220/Route 919 (Grassy Hill Rd.) Smart Scale project for improvements at the intersection. Advertisement scheduled for late 2025. (UPC 115456) Route 220/Route 613 (Naff Rd.) = Smart Scale project for improvements at the intersection. Advertisement scheduled for mid-2026. (UPC 119467) Route 705 (Chestnut Hill Rd.) - Bridge replacement. Bids received on March 26, 2025; fixed completion date 2026. (UPC 110597/117019) - Page 3 of 3 10 Franklin County A Natural Seitingfor Opportmity EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: April 15, 2025 Public Hearing on Potential Sale or Lease of County Property CONSENT AGENDA: No BOARD ACTION: Yes U/FCIPROPOALREQLET INFORMATION: No Hold a public hearing to receive comments regarding the ATTACHMENTS: Yes potential sale or lease of advertised County properties STRATEGIC PLAN FOCUS AREA: STAFF CONTACTIS): Dvnamic Communitv Safetv Brandy Rosser, Assistant County Administrator M Strateaic Economic Development REVIEWED BY: Enhanced Educational Opportunities Christopher L. Whitlow, County Administrajpn Responsible Government Operations Conserve & Promote Natural Assets Well Planned Growth BACKGROUND: The Board of Supervisors recently accepted the conveyance of two properties from the School Board of Franklin County, Burnt Chimney Elementary School (Tax Map #0280013300) and Henry Elementary School (Taxi Map # 112007500). While no specific sales or leases are being proposed for either property at this time, the County would like to begin marketing these properties in the hope that some or all of them can be returned to the tax rolls and put to more profitable uses. In accordance with the provisions of Section 15.2-1800 of the Code of Virginia, as amended, prior to any sale or lease, a public hearing must be held to hear public comments on the potential sale or lease of such properties. DISCUSSION: At its March 18, 2025 meeting, the Board has asked staff to advertise a public hearing to receive citizen comments regarding the potential sale or lease of the former elementary school properties. Such public hearing was duly advertised. The advertisement for this public hearing is attached and lists all properties for which public comment is being requested, along with the affidavit of publication. After the public hearing, staff can move forward with finding potential buyers or leasees for the properties. RECOMMENDATION: Staff respectfully request that a public hearing be held on April 15, 2025 at 6:00PM to hear public comment regarding the potential sale or lease of the aforementioned County-owned properties specified in the attached advertisement. he Sfranklin Relos -Bost See Proof on Next Page AFFIDAVIT OF PUBLICATION State of Florida, County of Broward, sS: Ankit Sachdeva, being first duly Sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Franklin News-Post, a newspaper printed and published in the Town of Rocky Mount, County of Franklin, State of Virginia, and that this affidavit is Page 1 of 2 with the full text of the sworn-to notice set forth on the pages that follow, and the hereto attached: PUBLICATION DATES: Apr. 2, 2025, Apr. 9, 2025 NOTICE ID: ylfszMA3RNW3.VNc2L PUBLISHER ID: COL-1500265 NOTICE NAME: Public Hearing Property Disposal Publication Fee: 275.15 Ad Size: 2> x: 33 L Category: General Legal Notice Under penalty of perjury, I, the undersigned affiant swear or affirm that the statements above are true and accurate to the best of my knowledge and belief. Ankit Sachdeva (Signed) SHERISMITH Notary Public- Stated ofF Floride Commiesion : eaess VERIFICATION Expires on Mry 1, xa State of Florida County of Broward Subscribed in my presence and sworn to before me on this: 04/09/2025 88i Notary Public Notarized remotely online using communication. technology via Propf. Public Hearing Property Disposal - Page 1 of 2 NOTICE OF PUBLIC HEARING TO CONSIDER SALE AND/ OR LEASEC OF COUNTYE PROPERTY COUNTY OF FRANKLIN, VIRGINIA açcordance with thep of Section 15.2-1800 of the Code of Gd asa amended, notice pltes hereby givent toallinterestedp parties that the Boardo ofs Supervisors oft the County of Franklin, Virginiay will conduct aj public on potential sale and/or lease of property, in whole ori R inj locatedi in various areas of the County CR more com- pletely described below. 1. Tax Map #0280013300 the former Burnt Chimney Elementary School property located at 80 Burnt Chimney Road in the Wirtz com- munity 2. Tax Map #1120007500 - the former Henry Elementary School prop- ertyl located at 200Henry School Roadint thel Henry Community The County of Frankdin is In receiving public comments on thes sale and/or lease of either rse these properties. Said public! hearing willi be helda at approximately 600PM. Tuesday April15 2025at the Boardo of Supersa/sMeting Room, locatedatt the/Frankin County Gov- emment Center, 1255F Franklin Street, Sulte 104, Rocky Mount, Virginia. Land record information found at ntpa/gisfonincoanye due to a disabilitys made me with at a 48- E A ET SE a hour notice at: 540-483-3030. Alll interested parties are encouraged to attend. Submittedby: Amy Renick, Clerk Franklin County Board ofs Supervisors COL-1500265 Public Hearing Property Disposal - Page 2 of 2 10 NOTICE OF PUBLIC HEARING TO CONSIDER SALE AND/ OR LEASE OF COUNTY, PROPERTY COUNTY OF FRANKLIN, VIRGINIA In accordance with the provisions of Section 15.2-1800 of the Code of Virginia, as amended, notice is hereby given to all interested parties that the Board of Supervisors of the County of Franklin, Virginia will conduct a public hearing on polential sale and/or lease of Counly property, in whole or in part, located in various areas of the County and more com- pletely described below. 1. Tax Map #0280013300 - the former Burnt Chimney Elementary School property located at 80 Burnt Chimney Road in the Wirtz com- munity, 2. Tax Map #1120007500 - the former Henry, Elementary School prop- erty located at 200 Henry School Road in the Henry Community The County, of Franklin is interested in receiving public comments on the sale and/or lease of either of these properties. Said public hearing will be held at approximately 6:00 PM. Tuesday April 15, 2025at the Board of Supervisor's Meeting Room, located at the Franklin County Gov- ernment Center, 1255 Franklin Street, Suite 104, Rocky Mount, Virginia. Land record information may be found at tps/gisfanincounye. govcompriewermdeahtm, . All requests for reasonable accommoda- tion due to a disability should be made to the Clerk with at least a 48- hour notice at: 540-483-3030. All interested parties are encouraged to attend. Submitted by: Amy Renick, Clerk Franklin County Board of Supervisors - 11 Franklin County A Natural Settingfor Opportmity EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: April 15, 2024 Public Hearing to Consider Amendment of Chapter 13, Article II (Outdoor Occasion Ordinance Governing CONSENT AGENDA: No Racetracks), Division 1, Section 13-29 (Prohibited Acts). BOARD ACTION: Yes INFORMATION: No SUBJECT/PROPOSALREQUEST: Consideration of Amendment of Above-Reference Code ATTACHMENTS: Yes Section to provide the Board of Supervisors the Authority to Grant an Exception to Prohibited Hours of STAFF CONTACTIS): Operation Steve Sandy, Amy Renick STRATEGIC PLAN FOCUS AREA: REVIEWED BY: P Dynamic Community Safety Christopher L. Whitlow, County Administrator Strategic Economic Development BIC Enhanced Educational Opportunitles - Responsible Government Operations Conserve & Promote Natural Assets Well Planned Growth BACKGROUND: Under Tab 15, is a copy of the prior Executive Summary that was presented at the March 18, 2025 meeting for consideration of Stephen and Ashley Edmondson's application for an outdoor occasion permit for a two-day motorcross event as part of the Virginia Championship Hare Scramble Association. The current Code of Franklin County prohibits hours of operation for these events before 1 PM on Sundays. At the March 18th meeting, after consideration of the pending application, the Board of Supervisors opted to table this issue until a public hearing could be held to consider amendment of the Code to allow the Board the discretion to grant an exception to the prohibited hours of operation outlined in Section 13-29.1. Also, under Tab 15, you will find a statement from Mr. and Mrs. Edmondson outlining the reasoning for wanting to keep the race start time on Sunday, July 13h, at 10:00 AM. DISCUSSION: Following the March meeting of the Board, an April 15, 2025 public hearing on the issue outlined above was advertised in the local newspaper on April 2nd and April 9t, a copy of which is attached along with the Affidavit of Publication. RECOMMENDATION: Staff respectfully request that the public hearing proceed on April 15th, as advertised, to consider amendment of the Code Section mentioned above. Following the hearing, staff recommend action be taken on Mr. and Mrs. Edmondson's pending application (Tab No. 15). POSSIBLE BOARD ACTIONS: MOTION to APPROVE: I make a motion to approve the amendment to Chapter 13, Article II (Outdoor Occasion Ordinance Governing Racetracks), Division 1, Section 13-29 (Prohibited Acts), as presented, to allow the Board of Supervisors the discretion to make an exception to the prohibited hours ol operation outlined in subsection 1 of the referenced Code Section. MOTION to TABLE: I make a motion to table this issue until additional information is received. MOTION to DENY: I make a motion to deny the Code Section amendment presented. - Che franklin ebs. -Bost See Proof on Next Page AFFIDAVIT OF PUBLICATION State of Florida, County of Broward, SS: India Johnston, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Franklin News-Post, a newspaper printed and published in the Town of Rocky Mount, County of Franklin, State of Virginia, and that this aff davit is Page 1 of 2 with the full text of the sworn-to notice set forth on the pages that follow, and the hereto attached: PUBLICATION DATES: Apr. 2, 2025, Apr. 9, 2025 NOTICE ID: )MOF9gOwROMUAd9 PUBLISHER ID: COL-1500266 NOTICE NAME: Amend Ordinance on Prohibited Acts, Raceways Publication Fee: 356.61 Ad Size: 2 X 44 L Category: General Legal Notice Under penalty of perjury, I, the undersigned affiant swear or affirm that the statements above are true and accurate to the best of my knowledge and beliel. India Johnston (Signed). PE - - VERIFICATION State of Florida County of Broward Subscribed in my presence and sworn to before me on this: 04/09/2025 8 Smith. Notary Public Notarized remotely online using communication technology via Propf. Amend Ordinance on Prohibited Acts, Raceways - Page 1 of 2 PUBLIC NOTICE OF HEARING TOC CONSIDER ANC ORDINANCE COUNTY OFF FRANKLIN, VIRGINIA The Franklin County Board of Supervisors will hold a public hearingo on Tuesday 4t600 PM. ors soon thereafter, lnt the Board Frenklin County Govemment Center, 1255 Frank- ET Street, Suite Rocky Mount, Virginlal to consider an ordinance to amend sion Ordinance Chapter Governing 13, Offenses Racetracks, Miscelleneous, Oivision Article 1 General M, Outdoor Provisions, Ooca- Section 13-29 Prohibited Acts, Subsection( (1). Thes çurrent Franklin County Code deems Itunlawful to a "race E: E defnedu 900 a.m. under and Section before 13-27. 1:00 PM betweent on 3 s a County mid- pro- EE BTE Miscellaneous section of the - a Ordinance Governing Racetracks, DMsion 1 General Provisions, E 13-29- Prohibited Acts subsection(1). top Boardo? the authority to granta an exceplion tot CE outined 1E in subsection (1) ol the referenced Code Section, att their discretion. A the amendments Is AE es GETS Office at Hr Goverment Center, to to a number 540-483-3030. Monday Friday, B:30 am. 5:00 p.m., telephone ABI ort to Interested present encouraged Interested persons lo attend are and also provde lnvitedt comments to submit witiend livered or comments malled to to of Supervisors Comments at cant the de n R County Govemment Frankin Street, Suite 112. Rocky T Mount, Virginla 24151,0re a myeaghnoamya. gov. EET the with meetings à disabilityy requires Amy apcommodations Renick at 540-483 lof 3030 fully Pth atl a EERA least 48-h hour nolice. SubmittedBy Renick, Clerk Franklino County BRS of Supervisors COL-1500266 - Amend Ordinance on Prohibited Acts, Raceways - Page 2 of 2 11 PUBLIC NOTICE OF HEARING TO CONSIDER AN ORDINANCE COUNTY OF FRANKLIN, VIRGINIA The Franklin County Board of Supervisors will hold a public hearing on Tuesday, April 15. 2025 at 6:00 PM.. or soon thereafter, in the Board Room located at the Franklin County Government Center, 1255 Frank- lin Street, Suite 104, Rocky Mount, Virginia to consider an ordinance to amend Chapter 13, Offenses - Miscellaneous. Article II, Outdoor Occa- sion Ordinance Governing Racetracks, Division 1 - General Provisions, Section 13-29 - Prohibited Acts, Subsection (1). The current Franklin County Code deems it unlawful to operate a "race- way," as defined under Section 13-27, between the hours of 12:00 mid- night and 9.00 a.m. and before 1:00 PM on Sundays. The County pro- poses to amend the following section of the existing Franklin County Code: Chapter 13, Offenses - Miscellaneous, Article 1, Outdoor Occa- sion Ordinance Governing Racetracks, Division 1 - General Provisions, Section 13-29 - Prohibited Acts, subsection (1), to provide the Board of Supervisors the authority to grant an exception to the prohibited hours of operation outlined in subsection (1) of the referenced Code Section, at their discretion. A complete copy of the proposed amendments to said ordinance is available in the County Administrator's Office at the Franklin County Government Center, Monday to Friday, 8:30 a.m. to 5:00 p.m., telephone number 540-483-3030. All interested parties are encouraged to attend and provide comments or to present their views. Interested persons are also invited to submit written comments for the Board's consideration. Comments can be de- livered or mailed to the Clerk to the Board of Supervisors at the Frank- lin County Government Center, 1255 Franklin Street, Suite 112, Rocky Mount, Virginia 24151, or emailed to: ymaghvinonyaya. Any person with a disability who requires accommodations to fully par- ticipale in the meeting should notify Amy Renick at 540-483-3030 with at least a 48-hour notice. Submitted By: Amy Renick, Clerk Franklin County Board of Supervisors 1 : ## - Sec. 13-29. Prohibited acts. It shall be unlawful to: (1) Operate between the hours 12:00 midnight and 9:00 a.m. and before 1:00 p.m. on Sundays unless the Board of Supervisors grants an exception based on evaluation of specific event logistics. (2) Run practices more than two (2) days per week or operate during more than two (2) consecutive days regardless of whether it is in the same week and hours of practice shall be limited to a total of (6) hours which shall be six (6) consecutive hours on each of the two (2) practice days set out above, with the exception that when traveling racing associations are scheduled for a Saturday raçe, practice shall be limited to two (2) days in the preceding Monday--Friday time period. Such practice will be limited to six (6) hours daily. In the event that a "special event" race is rained out, such race may be held on Sunday. This rain out provision is limited to two (2) races per season. (3) Operate without the permit as outlined in this article. (4) Receive a permit for or operate a raceway in any fashion that does not have a fence or other barrier sufficient to prevent vehicular access of any nature to the tract area. (5) Operate after having been notified that any of the provisions required by the application requirements of section 13-29.2 are no longer in compliance according to the approving authority. (Res. No. 25-03-90, $ 13-29, 3-19-90; Res. No. 24-02-91, 2-19-91; Amend. of 12-17-02(1); Amend. of 3-25-08(2)) The Board of Supervisors shall be permitted to grant exceptions to the prohibited act identified in Section 13-29(1) pertaining to hours of operation with reasonable cause and circumstances outlined by the applicant and after determining that such exception would not have a significant impact upon the safety, health and welfare of the county and the inhabitants thereof. Created: 2025 01-13 15:28:36 [EST] (Supp. No. 49) Page 1 of 1 12 Department of Planning & Community Development Franklin County ANatwrals Serting/ for Opportumity Transmittal of Planning Commission Action Date: April 4, 2025 Item: Case # REZ0-10-24-18122 Prepared by: Tina H. Franklin, Planner II Date of Commission Action: March 11, 2025 SUMMARY OF REQUEST: APPLICATION for ZONING MAP AMENDMENT - Application of SML Partners, LLC, Applicants and Owners, requesting a zoning map amendment, with possible proffers, on an approximate 71.605 acres of property zoned RPD, Residential Planned Unit Development District and will remain RPD, Residential Planned Unit Development District. The parcel is located off of Washburn Court in the Boone Election District of Franklin County and further identified by real estate records as Tax Map/Parcel #0020000100. The purpose of this zoning map amendment is to amend the conceptual plan to one that depicts five (5) lots to be subdivided from the remaining 71.605 acres of Brightwater at Smith Mountain Lake, which will become Section 3 of the subdivision and a 30' access easement with pull-offs and gravel road for emergency vehicular turn around. This property has a future land use designation of Low Density Residential (REZO-10-24-18122). In September of 2021, the applicant and owner requested a rezoning of approximately 195 acres from A-1, Agricultural to RPD, Residential Planned Unit Development for the purpose of Brightwater Subdivision consisting of an estimated 112 lots. The applicant and owner are requesting to amend the approved master plan entitled "Moorman Road Development, Residential Subdivision," dated May 19, 2021. The request is to create a boundary line adjustment with the existing Phase 2 lot 73 which would then consist of 14.46 acres with road frontage and direct access onto Washburn Court. In addition, the creation of four (4) new lots that would consist of 15.01 acres and be accessed by a 30' wide private access easement that will have existing and new pull offs. Lots that are created consisting of 15.01 acres or greater are exempt from the County's subdivision ordinance standards and regulations. There is proposed a gravel road for emergency use only to connect Phase 3 of the subdivision to Moorman Road (Route 635). Mr. Perdue stated that SML Partners, LLC are requesting that these lots remain RPD, Residential Planned Unit Development as set forth in the original Ordinance # 11-09-2021 and ensure that these lots will be incorporated into the Declaration of Restrictions, Covenants, and Conditions of Brightwater at Smith Mountain Lake and the Road Maintenance Agreement. The application was advertised, site posted, and notifications sent to all adjacent property owners. The Development Review Team (DRT) reviewed the application at its October 2024 meeting. As of the date of this report, staff received eight (8) phone calls regarding the application. Additional comments and concerns may be raised as a result of the public hearings. COMMISSION'S. RECOMMENDATION At the end of the staff's presentation, and applicant comments, there was a period for citizen comment. Mr. Dwayne Moorman stated the original right of way goes all the way around and where the emergency access road is located is a gravel farm road. He further asked who would police the land/road if people wanted to suddenly start using the road as a shortcut through the subdivision. Mr. Ron Jefferson asked who will make sure the emergency access road is maintained. Mr. Perdue stated each owner will have to pay dues for road maintenance starting at Washburn Court. He stated there are also HOA dues. Mrs. Angie McGhee asked if the emergency access was shown on the original concept plan. Mrs. Lisa Cooper stated no. Mrs. Sherrie Mitchell asked staff if they viewed the emergency access as a good thing. Mrs. Cooper stated the Fire Marshal requested access for easier access to this part ofthe subdivision. Mrs. McGhee asked who would be responsible for policing the road if the emergency road was abused. Mrs. Cooper stated the planning office would contact the developer and HOA to discuss a remedy for the problem. Property owners are not supposed to use this emergency road as an egress and ingress to their properties. The Planning Commission determined that it will not be a substantial detriment to adjacent properties, that the character of the surrounding area will not be changed thereby, and that such zoning map amendment will be in harmony with the purpose and intent of the County Code, Comprehensive Plan and with the public health, safety, and general welfare to the community, and recommended APPROVAL with the following one (1) proffer: 1. The property shall be developed in substantial conformance with the conçept plan titled "Brightwater at Smith Mountain Lake, Section 3", prepared by Balzer & Associates, dated November 25, 2024. After deliberations Angie McGhee, Boone Planning Commissioner, made a motion to approve the request with the one (1) proffer. The motion was seconded by Victor Evans, Union Hall Planning Commissioner. The vote was 7-0. 2 A Roll Call Vote was held with the following recorded vote. Motion to Approve: MeGhee Seconded: Evans AYES: Doss, Pendleton, Evans, Mitchell, McGhee, Jefferson, Clements NAYES: None ABSENT: None ABSTAIN: None SUGGESTED MOTIONS: (APPROVE) I find that the zoning map amendment will not be of substantial detriment to adjacent properties, that the character of the surrounding area will not be changed thereby, and that such zoning map amendment will be in harmony with the purpose and intent of the County Code, Comprehensive Plan, and with the public health, safety, and general welfare to the community. Therefore, - move to recommend approval of the applicant's request for a zoning map amendment as recommended by the Planning Commission in accordance with the one (1) proffer. OR (DENY) I find that such zoning map amendment will be of substantial detriment to adjacent properties, that the character of the zoning district will be changed thereby, and that such zoning map amendment will not be in harmony with the purpose and intent of the County Code, Comprehensive Plan, and with the public health, safety, and general welfare to the community. Therefore, I move to recommend denial of applicant's request for a zoning map amendment to amend the conceptual plan in accordance with one (1) proffer. OR (DELAY ACTION) I find that the required information for the submitted petition is incomplete. Therefore, I move to delay action until all necessary materials are submitted to the Board of Supervisors. 3 ORDINANCE # APPLICATION for ZONING MAP AMENDMENT - Application of SML Partners, LLC, Applicants and Owners, requesting a zoning map amendment, with possible proffers, on an approximate 71.605 acres of property zoned RPD, Residential Planned Unit Development District and will remain RPD, Residential Planned Unit Development District. The parcel is located off of Washburn Court in the Boone Election District of Franklin County and further identified by real estate records as Tax Map/Parcel #0020000100. The purpose ofthis zoning map amendment is to amend the conceptual plan to one that depicts five (5) lots to be subdivided from the remaining 71.605 acres of Brightwater at Smith Mountain Lake, which will become Section 3 of the subdivision and a 30' access easement with pull-offs and gravel road for emergency vehicular turn around. This property has a future land use designation of Low Density Residential (REZO-10- 24-18122). WHEREAS, SML Partners, LLC owner/applicant by Counsel C. Holland Perdue, III, did file an application requesting a zoning map amendment of 71.605 acres of property zoned RPD, Residential Planned Unit Development to amend the original conceptual plan to one that depicts five (5) lots to be subdivided from the remaining 71.605 acres of Brightwater at Smith Mountain Lake which will become Section 3 ofthe subdivision and a 30' access easement with pull-offs and gravel road for emergency vehicular turn around, and located in the Boone Election District, and WHEREAS, after due legal notice as required by Section 15.2-2204/2205 of the Code ofVirginia of 1950, as amended, the Planning Commission and Board of Supervisors did hold public hearings on March 11, 2025, and April 15, 2025, respectively, at which time all parties in interest were given an opportunity to be heard, and WHEREAS, after full consideration, the Franklin County Planning Commission recommended APPROVAL ofthe zoning map amendment request, with the following one (1) proffer, and 1. The property shall be developed in substantial conformance with the concept plan titled "Brightwater at Smith Mountain Lake, Section 3", prepared by Balzer & Associates, dated November 25, 2024. WHEREAS, after full consideration, the Franklin County Board of Supervisors determined that the request will not be of substantial detriment to adjacent properties, that the character of the surrounding area will not be changed thereby, and that such zoning map amendment will be in harmony with the purpose and intent of the County Code, Comprehensive Plan, and with the public health, safety and general welfare to the community, and APPROVED the zoning map amendment to amend the conceptual plan to one that depicts five (5) lots to be subdivided from the remaining 71.605 acres of Brightwater at Smith Mountain Lake, which will become Section 3 ofthe subdivision and a 30' access easement with pull-off and gravel road for emergency vehicular turn around with one (1) proffer as recommended by the Planning Commission. THEREFORE, BE IT ORDAINED, that a copy ofthis Ordinance be transmitted to the Clerk of the Planning Commission, the Franklin County Commissioner of Revenue and the Franklin County Zoning Administrator, and that the Clerk be directed to reflect this action to APPROVE the zoning map amendment of 71.605 acres zoned RPD, Residential Planned Unit Development, to amend the conceptual plan to one that depicts five (5) lots to be subdivided from the remaining 71.605 acres of Brightwater at Smith Mountain Lake, which will become Section 3 of the subdivision and a 30' access easement with pull-offs and gravel road for emergency vehicular turn around with one (I) proffer in the records of Franklin County. On the motion by to approve the requested zoning map amendment, and seconded by said motion was APPROVED by the following recorded vote: AYES: NAYES: ABSENT: ABSTAIN: Amy Renick, Clerk Franklin County Board of Supervisors Date - STAFF REPORT Case # REZ0-10-24-18122 Franklin County A Natural Seningfor Opportunity To: Franklin County Planning Commission From: Tina Franklin, Planner II Date: February 28, 2025 Tax #s: 0020000100 District: Boone Election District Applicant: SML Partners, LLCI by Counsel C. Holland Perdue, III Owner: SML Partners, LLC APPLICATION for ZONING MAP AMENDMENT = Application of SML Partners, LLC, Applicants and Owners, requesting a zoning map amendment, with possible proffers, on an approximate 71.605 acres of property zoned RPD, Residential Planned Unit Development District and will remain RPD, Residential Planned Unit Development District. The parcel is located off of Washburn Court in the Boone Election District of Franklin County and further identified by real estate reçords as Tax Map/Parcel #0020000100. The purpose of this zoning map amendment is to amend the conceptual plan to one that depicts five (5) lots to be subdivided from the remaining 71.605 acres of Brightwater at Smith Mountain Lak, which will become Section 3 of the subdivision and a 30' access easement with pull-off and gravel road for emergency vehicular turn around. This property has a future land use designation of Low Density Residential (REZO-10- 24-18122). RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the zoning map amendment with the following one (I); proffer: 1. The property shall be developed in substantial conformance with the concept plan titled "Brightwater at Smith Mountain Lake, Section 3", prepared by Balzer & Associates, dated November 25, 2024. - Franklin County Planning Commission OVERVIEW In September of 2021, the applicant and owner requested a rezoning of approximately 195 acres from A-1, Agricultural to RPD, Residential Planned Unit Development for the purpose of Brightwater Subdivision consisting of an estimated 112 lots. The applicant and owner are requesting to amend the approved master plan entitled "Moorman Road Development, Residential Subdivision," dated May 19, 2021. The request is to create a boundary line adjustment with the existing Phase 2 lot 73 which would then consist of 14.46 acres with road frontage and direct access onto Washburn Court. In addition, four (4) new lots that would consist of 15.01 acres and be accessed by a 30' wide private access easement that will have existing and new pull offs. Lots that are created consisting of 15.01 acres or greater are exempt from the subdivision ordinance standards and regulations. There is proposed a gravel road for emergency use only to Moorman Road (Route 635). The topography of the remaining 71.605 acres is relatively steep and the road extension for four (4) of the five (5) new lots will not be able to meet Sections 19-350 and 19-352 of the Subdivision Ordinance standards. Section 19- 350, item (c) states that large lot subdivisions defined as lots with five (5) to fifteen (15) acres shall be required to have frontage on a right-of-way with an unrestricted right of public access with a minimum width of fifty (50) feet or an access management of a minimum width of fifty (50) feet. Furthermore, Section 19-352 states subdivision streets shall be constructed, and plans submitted in accordance with the current Virginia Department of Transportation (VDOT) subdivision street requirements when new streets are created to serve the lots, tracts, or parcels in the subdivision. Four (4) of the five (5) lots (lots 75-77) will be served only by a 30' wide private access easement. Lot 73A will be served by Washburn Court and the 30' wide private access easement. Mr. Perdue stated that SML Partners, LLC are requesting that these lots remain RPD, Residential Planned Unit Development as set forth in the original Ordinance # 11-09- 2021 and ensure that these lots will be incorporated into the Declaration of Restrictions, Covenants, and Conditions of Brightwater at Smith Mountain Lake and the Road Maintenance Agreement. Brightwater at Smith Mountain Lake, Section 3 will be served by private well and sewer. The application was advertised, site posted, and notifications sent to all adjacent property owners. The Development Review Team (DRT) emailed staff comments regarding the application due to its February 2025 meeting being cançelled due to inclement weather. As of the date of this report, staff has received three (3) phone calls inquiring about the application. Additional comments and concerns may be raised as a result of the public hearings. REZ0-10-2--18122 2 February 28. 2025 Franklin County Planning Commission SITESTATISTICS: Location: Washburn Court (private road) Size: +/- 71.605 acres Existing Land Use: Vacant Adjoining Zoning: RPD, Residential Planned Unit Development and A-1, Agricultural Adjoining Land Uses: Residential, Agricultural and vacant/wooded land Adj Future Land Uses: Low Density Residential COMPREHENSIVE PLAN: Future Land Use The future land use map designates the subject property as Low Density Residential, according to the 2007 Franklin County Comprehensive Plan adopted by the Board of Supervisors in May of 2007. Low Density Residential The Comprehensive Plan states that: "Low Density Residential Areas are intended to allow gross densities of one to two dwelling units per acre and minimum lot sizes of 20,000 - 30,000 square feet in general proximity to residential support services such as schools, playgrounds, and churches. These areas should either be located in or near existing Towns, Villages, or Rural Neighborhood Centers. It is envisioned that public water andlor sewer will someday serve these areas, meeting all local and state standards and requirements. They should be served by new public roads built by the developer to State standards and dedicated to the State. Recreational facilities and other amenities should be provided. While low density residential areas are typically comprised of traditional neighborhood developments, they may also include mamufactured housing, free standing townhomes, patio homes and other similar building types. 7 Policies for Low Density Residential 1. All roads should be built to state standards and offered by the developer for inclusion in the state system for maintenance. 2. Lots in new subdivisions abutting County arterial or major collector roads should be provided access onto service or interior roads SO as to prevent the stacking of driveways. RE70-10-24-18122 February 28. 2025 Franklin County Planning Commission 3. On-site centralized treatment plants to provide public sewer for each subdivision should be encouraged. 4. The density of all new subdivisions to be served by wells and/or septic systems should be determined by the long-term carrying capacity ofthe land. All new lots should have adequate reserve areas in the event of septic system failures. 5. Centralized water systems should be required to provide water to all new subdivisions. 6. All new subdivisions located in prime farmland areas should include adequate buffers to separate residential uses from agricultural operations. 7. Encourage interconnection of residential and commercial developments in order to lessen the traffic loads on arterial roads and provide pedestrian and bicycle linkages. 8. Streets within subdivisions shall be designed to provide interconnections to adjacent vacant land for future subdivision access and circulation. Comprehensive Plan Summary As noted above, the Low-Density Residential areas are described as appropriate for traditional neighborhood development, which generally includes various types of housing, which primarily includes single-family detached dwellings. Further, while the Comprehensive Plan states a minimum lot size of less than one acre, the Plan does not provide a maximum lot size. As the proposed parcels are much larger, between 14 and 15 acres, the Comprehensive Plan would certainly support the proposed lots for additional dwellings, when considering lot size and dwelling type. The Comprehensive Plan's policy states that "all roads should be built to state standards and offered by the developer for inçlusion in the state system for maintenance." As the topography of the subject 0020000100 (Section 3) is not conducive to constructing roads to meet state standards, the proposal is not supported by the Comprehensive Plan, when considering the caliber of road construction even though the Subdivision Ordinance for large lots (5 to 15 acres) depicts that all private roads must be constructed to VDOT state standards. The proposed four (4) lots will meet the definition of Lot, exempt. Any lot greater than fifteen (15) acres in which the county does not have to review and approve prior to recordation in the Clerk of Circuit Court'soffice. Working in conçert with the County's Comprehensive Plan are the two recent regional housing studies by Roanoke Valley Allegheny Regional Commission and the West Piedmont Planning District Commission. Both housing studies point to a critical need for REZ0-10-24-18122 February 28. 2025 Franklin County Planning Commission more housing. As such, the creation of any type of new housing units contributes to the County's available housing, meeting the goals of the housing studies. ZONING ORDINANCE: Sec. 25-2. Purpose and intent "(a) The Zoning Ordinance of Franklin County, Virginia is intended to promote the health, safety and general welfare of the public, and to implement the adopted comprehensive plan for the orderly and controlled development of the county. (b) To these ends, such zoning ordinançes shall be designed to give reasonable consideration to each of the following purposes, where applicable: I) To provide for adequate light, air convenience of access and safety from fire, flood and other dangers; 2) To reduce or prevent congestion in public streets; 3) To facilitate the creation of a convenient, attractive and harmonious community; 4) To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; 5) To protect against destruction of, or encroachment upon, historic areas; 6) To protect against one (I) or more of the following: overcrowding of land; undue density of population in relation to the community facilities existing or available; obstruction of light and air; danger and congestion in travel and transportation; or loss of life, health or property from fire, flood and panic or other dangers; 7) To encourage economic development activities that provide desirable employment and enlarge the tax base; 8) To provide for the preservation of agricultural and forestal lands.' 2 Sec. 25-3. Relation to the environment "This chapter is designed to treat lands which are similarly situated and environmentally similar in like manner, with reasonable consideration for the existing use and character of properties; the Comprehensive Plan; the suitability of property for various uses; the trends of growth and change; the current and future land and water use and sewerage treatment requirements of the community for various purposes as determined by county-sanctioned studies; the transportation requirements of the community; the requirements for housing, schools, parks, playgrounds, recreation areas and other public services; for the conservation of natural resources; preservation of flood-plains; for the conservation of properties and their values; and the encouragement of the most appropriate use of land throughout the county." Sec. 25-4. Relation to the Comprehensive Plan In drawing the Zoning Ordinançe and districts with reasonable consideration of the Comprehensive Plan, it is a stated and express purpose of this Zoning Ordinance to create land use regulations which shall ençourage the realization and implementation of the Comprehensive Plan. To this end, REZ0-10-2-4-18122 February 28. 2025 Franklin County Planning Commission development is: to be encouraged to take place in clusters to promote efficient and cost effective use of land; to be situated as to make possible future economies in the provision of services by the private and/or public sector; and to be SO located as to protect the watersheds and shoreland areas, protect surface and groundwater supplies, discourage development in floodplains, wetlands, and conservation areas and strips.' C sector; and to be sO located as to protect the watersheds and shoreland areas, protect surface and groundwater supplies, discourage development in floodplains, wetlands, and conservation areas and strips. 99 Sec. 25-733 oft the Zoning Ordinance sets forth the County's authority to accept voluntary proffers, in writing for the issuance of a zoning map amendment. The ordinance states prior to any public hearing before the board of supervisors any applicant for rezoning may voluntarily proffer, in writing, reasonable conditions to be applied to such rezoning as part thereof. Such conditions shall comply with the provisions of section 15.2-2297 of the Code of Virginia, provided that the proffering thereof by the applicant shall be deemed prima facie evidence of such compliance. The subject property is currently zoned RPD, Residential Planned Unit Development District. The applicant is requesting a zoning map amendment to Section 25-293 of the Zoning Ordinance which sets for the following intent for the RPD District. (a) The purpose of this district is to promote large scale development of innovative and creative design as a means of creating a well-planned living environment, to encourage variety in housing and supporting community facilities while encouraging accessory commercial uses; to protect the natural beauty of the landscape through the use of advantageous construction techniques, with the greates! amount ofopen area and the least disturbance ofn natural features; and to encourage the preservation and the more efficient use of open space. Residential planned developments are intended to provide flexibility in the development oflarge tracts ofland through adjustment ofcertain lot, setback and use restrictions, and should provide for increased amenities, safety and conveniences, reduced public and private costs and other public and private benefits. ANALYSIS The subject property is currently zoned RPD, Residential Planned Unit Development District. The applicant is requesting to amend the original conceptual plan entitled "Moorman Road Development, Residential Subdivision, 99 dated May 19, 2021. The proposed conceptual plan reduces the number oflots to five (5) with a 30' private access easement. The conceptual plan also shows a gravel road for emergency vehicles connecting to Moorman Road The proposed change to the conceptual plan for larger lots size in Section 3 of the Brightwater Subdivision requested by the applicant is consistent with the intent of the RPD District. As stated in item (b), the RPD District allows flexibility in the development RIZ0-10:24-18122 Fehruary 28. 2025 Franklin County Planning Commission of large tracts of land through adjustment of certain lot, setback and use restrictions, and should provide for increased amenities, safety and conveniençes, reduced public and private costs and other public and private benefits. Future land use designation in the Comprehensive Plan ofLow-Density Residential areas is described as appropriate for "traditional neighborhood development, 9 which generally includes various types of housing, which primarily includes single-family detached dwellings. Comprehensive Plan states a minimum lot size of less than one acre, the Plan does not provide a maximum lot size. As the proposed parcels are much larger, between 14 and 15 acres, the Comprehensive Plan would certainly support the proposed lots for additional dwellings, when considering lot size and dwelling type. In addition, there are two regional housing studies that work in concert with the Comprehensive Plan, both studies point to a critical need for more housing in the County. Any such creation of new housing types contributes to meeting the goals of these two housing plans. The Low-Density Residential policy states that "all roads should be built to state standards and offered by the developer for inclusion in the state system for maintenance." As the topography of Brightwater Subdivision Section 3 is not conducive to constructing roads to meet state standards, the proposal is not supported by the Comprehensive Plan, when considering the caliber of road construction. The County's Subdivision Ordinance for large lots (5 to 15 acres) depicts that all private roads must be constructed to VDOT state standards. The proposed four (4) lots will meet the definition of in the subdivision ordinance for Lot, exempt. Any lot greater than fifteen (15) acres in which the county does not have to review and approve prior to recordation in the Clerk of Circuit Court's office. Staff concludes that the zoning map amendment to amend the conceptual plan entitled "Moorman Road Development, Residential Subdivision, dated May 19, 2021 to the submitted conceptual plan entitled "Brightwater at Smith Mountain Lake, Section 3", will not be of substantial detriment to adjacent properties, that the character of the surrounding area will not be changed by reducing the number of lots in Section 3 of the subdivision. The zoning map amendment will be in harmony with the purpose and intent of the County Code. The Comprehensive Plan supports the lot sizes of the proposal, but the Plan does not support private roads even though the County does not regulate lots over 15 acres because these lots are exempt lots in the subdivision ordinançe and the County's subdivision ordinance does not regulate this type of subdivision ofland. Given the purpose and intent of the zoning map amendment with the one (1) proffer to amend the original conceptual plan, staff would make a recommendation to approve the rezone even though the Comprehensive Plan policy for low density residential does not support roads not being built to VDOT standards. The Plan does support single-family dwellings on the lot sizes proposed. The topography of Section 3 of the subdivision is RIZ0-10-24-18122 February 28. 2025 Franklin County Planning Commission steeper, which makes development more challenging than Sections I and 2 of this subdivision where the private roads are built to VDOT standards. The change does support the intent of the RPD district does allow for flexibility of development of the residential community. DEVELOPMENT REVIEW TEAM (DRT) COMMENTS: AEP: Neil Holthouser stated Appalachian Power Company offers the following comment on the proposed requests for the Brightwater Subdivision: "Appalachian Power Company (Appalachian) operates the Smith Mountain Pumped Storage Project (Project) pursuant to a license issued by the Federal Energy Regulatory Commission. Under the terms and conditions of its federal license, Appalachian has the authority and the responsibility to regulate and monitor certain uses and occupancies within the Project boundary (800-foot contour elevation at Smith Mountain Lake, 620- foot elevation contour at Leesville Lake). To this end, Appalachian administers the Shoreline Management Plan (SMP) in order to guide development activities along the shoreline adjacent to Project reservoirs. Any use, occupancy, or development of Project lands and waters, including dock construction, shoreline stabilization, vegetation, dredging, or land disturbance, is subject to the regulations and permitting requirements outlined in the SMP. Please ensure that, in the consideration of any Special Use Permit for properties located wholly or partially within the Project boundary, no representations are made indicating approval of any development activity within the Project boundary without expressed prior authorization from Appalachian." 77 VDOT: Lisa Lewis, VDOT had no comments or concerns due to the nature of the applications. VDH: Darrin Doss had no comments or çoncerns due to the nature of the appliçation. WVWA: Gabriel Irigaray stated there is no public water or sewer available in this area of Franklin County. STORMWATER / E&S: Bill Raney, Development Review Coordinator stated the developer/owner needs to provide documentation and calculations from the engineer that the development still meets stormwater quality requirements with the proposed changes to Phase 3. BUILDING: John Broughton, Building Official, stated the applicant and/or owner will be required to obtain all necessary building permits for the proposed lots. FIRE & EMS: Andy Pendleton, Fire Marshal, stated after looking at the request the proposed road would be considered a fire access road, and the fire code states the following: REZ0-10-21-18122 February 28. 2025 Franklin County Planning Commission I. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet exclusive ofs shoulders. 2. 503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. He stated with the above being said if other solutions can be provided, he is open to that discussion and would request an on-site inspection and explanation of any proposed solutions prior to approval. GIS: Eric Schmidt, GIS Manager, stated the owner of each lot must contact the GIS Department for addresses for each dwelling. SUGGESTED MOTIONS: The following suggested motions are sample motions that may be used. They include language found in Section 15.2-2283, Purpose of zoning ordinances of the Code of Virginia of 1950, as amended. (APPROVE) I find that the zoning map amendment (rezoning) will not be of substantial detriment to adjacent properties, that the character of the surrounding area will not be changed thereby, and that such zoning map amendment will be in harmony with the purpose and intent of the County Code, Comprehensive Plan, and with the public health, safety, and general welfare to the community. Therefore, I move to recommend approval of the applicant's request for a zoning map amendment to amend the conceptual plan in accordance with the one (I) proffer as recommended in the staff report. OR (DENY) I find that such zoning map amendment will be of substantial detriment to adjacent property, that the character of the surrounding area will be changed thereby, and that such use will not be in harmony with the purpose and intent of the County Code, Comprehensive Plan, and with the public health, safety, and general welfare to the community. Therefore, I move to recommend denying the request for the zoning map amendment to amend the conceptual plan. OR (DELAY ACTION) I find that the required information for the submitted petition is incomplete. Therefore, I move to delay action until all necessary materials are submitted to the Planning Commission. REZ0-10-24-18122 February 28. 2025 Docusign Envelope ID: 4B88F16/-CSE4627-89D52F271889120 FRANKLIN COUNTY ZONING MAP AMENDMENT APPLICATION I/We SML Partners, LLC as Owner(s), Contract Purchasers, or Owner's Authorized Agent of the property described below, hereby apply to the Franklin County Board of Supervisors for a zoning map amendment on the property described below: Petitioner' s Name: SML Partners, LLC, by Counsel, C. Holland Perdue III Petitioner's Address: 245 S. Main Street Rocky Mount, Virginia 24151 Petitioner's Phone Number: 540-483-9269 Petitioner's Email Address: Ome@raneaneperouecon Property Owner's Name: SML Partners, LLC Property Owner's Address: 131 Plantation Ridge Drive Mooresville, NC 28117 Property Owner' s Phone Number: 704-309-9880 Property Owner's Email Address: shott@diamondblacklic.com Property Information: A. Proposed Property Address: 2189 Moorman Road (physical address), known as Tract A, containing 71.605 acres, Brightwater at SML Subdivision B. Tax Map and Parcel Number: 0020000100 C. Election District: boone D. Size ofProperty: 71.605 acres (survey Deed Book 1203 at Page 1875 E. Existing Zoning: RPD F. Existing Land Use: Undeveloped Waterfront Lots G. Is the property located within any of the following overlay zoning districts: Corridor District Westlake Overlay District Smith Mountain Lake Surface District H. Is any land submerged under water or part of Smith Mountain Lake? YES NO Ifyes, please explain: 26.347 acres below the 800' contour but will not affect the subdivision of 71.605 acres Proposed Zoning Map Amendment Information: I. Proposed Land Use: Residential Subdivision J. Size of Proposed Use: 71,605 Acres K. Other Details of Proposed Use: To amend ordinance #11-09-2021 and Resolution #08-12-2021 for the subdivision of Tract A, 71.605 ares, into Lots 73A through 77 Page 5 of8 June 14, 2023 - Docusign Envelope ID: 4B88F1 /CKE4NOSTNNVA Phase 3, Brightwater at SML Subdivision with a 30' access easement with pull-off and gravel road for emergency vehicular turn around Checklist for Completed Items: Application Form Letter of Application Concept Plan Application Fee I certify that this application for a zoning map amendment and the information submitted is herein complete and accurate. Holland III Petitioner's C. Perdue, Name (Printed): Petitioner' s Signature: 02/03/2025 Date: 245 South Main Street Mailing Address: Rocky Mount, VA 24151 540-483-9269 Phonc Number: Email Address: Omce@raneandperdlecom Owner's consent, if petitioner is not property owner: Owner's Name: SMt-Parners, LLC jay stwolt Owner's Signature: D977F32EEDAF44B Date: 2/3/2025 Date Received by Planning Staff: Page 6 of8 June 14, 2023 THE LAW OFFICES OF RAINE & PERDUE, P.L.C. PERDUE - MONTGOMERY BUILDING 245 SOUTH MAIN STREET ROCKY MOUNT, VIRGINIA 24151 MICH AUX RAINE II 11936- 2010) (540) 403-9209 CLYDE H. PERDUE, JR. 1954-2020 FAX 1540) 483- C. HOLLAND PERDUE I @RA PE u 2828 COM February 2, 2025 County of Franklin Planning and Community Development 1255 Franklin Street Suite 103 Rocky Mount, VA 24151 Re: : Zoning Map Amendment SML Partners, LLC Subdivision of Tax Map/Parcel #2.-1 Boone Magisterial District Zoned RPD To Whom it May Concern: This office represents SML Partners, LLC. This Letter of Application is being provided to submit our proposal for Amendment to the Zoning Map and Concept Plan as to the subdivision of Tax Map/Parcel #2.-1, known as Tract A, having the 911 Address of 2189 Moorman Road Hardy, VA 24101. Enclosed herewith is the completed Zoning Map Amendment Application along with the new Concept Plan for SML Partners, LLC. Attached hereto you will find the new Concept Plan, in which my clients are requesting Tract A be subdivided into five (5) lots to be known and designated as Lots 73A through 77, Phase 3, Brightwater at Smith Mountain Lake. Lot 73A, containing 14.46 acres, will be created by a boundary line adjustment with the existing Phase 2 lot, Lot 73. Lot 74 through 77 will contain 15.01 acres being accessed by a 30' wide private access easement. I hope this will be a simple and uncontested matter as Tract A's topography will not withstand the original, approved Concept Plan. Phase 1 and Phase 2 of Brightwater at SML has shown great success for the growth and expansion of the Smith Mountain Lake area, and the subdivision of Tract A will provide greater opportunity for the Brightwater at SML subdivision's plan to become an upscale, single-family residential neighborhood. This amendment shall not effect the surrounding area as this will be an expansion of the existing Subdivision. Further, Tract A lies on a peninsula of Smith Mountain Lake, so this will not cause a disturbance to any surrounding subdivisions and/or residential homes. My clients are requesting that these lots remain RPD as set forth in the original Ordinance #11-09-2021, and ensure that these lots will be incorporated into the Declaration of Restrictions, Covenants, and Conditions of Brightwater at SML and the Road Maintenance Agreement. We appreciate your consideration of this application and request to be placed on the earliest hearing date with the Planning Commission. Should you have any further questions concerning the enclosed application or Concept Plan, please feel free to call me or Jay Shott. Jay can be reached at (704)309-9880. C. Hollind Perdyerir CHPIII/mgp Enclosures cc: SML Partners, LLC - 2 3 S S e 97 / 6 s - 9 9 9 2 s - to R : - S N S a s a 0 a a - - S a 9 3 a & S & e. E a : - e C * n * d & ( 9 a & S $ N 2 9 a a 2 S 0 S S - 6/ - 9 3 - 9 * / - 35 1 f & 9 $ 9 9 9 6 S 9 9 5 : 4 & d d v, & e 6 9 - 0 S: $ 5 5 3 9 A S 5 9 E & 5 & & / & 5 R 2 - - R &5 9 * 3 S a 9 S * Bi 1 S & SA a h /. : E 3 S e 6 * & a - 9 9 f 3 6 A : - - S * a a 5 a & - $ a $ d * 1 d 8 & V ONOZ, 9914 g0 0262 3d HIOQS N VIN : nu i 3 22 : 5 L 5 : & - - 114983 a3381 - * € - I di I B A a $ a - - 1 6 1 Z 8 m E 1P * C / a ane EVAMOS 487819 MOORMAN ROAD DEVELOPMENT 4 2E - A - y AS NOTE C-1.0 RESIDENTIAL SUBOIVISION BRO KS bn MAMUPOATY * - Dhn - V A oah nring- Engineering- Sunvying - 291 1 47 MASTER PLAN -Emirormantal Sevices. - 0e1 us an ISSUED FOR CONSA ION - Ordinance # 11-09-2021 APPLICATION FOR REZONE- Application of. Jay Schott, Applicant, and SML Partners, LLC, Owner, requesting to rezone, with possible proffers, an approximate 195 acres of property currently in three parcels from A-1, Agricultural, to RPD, Residential Planned Development. The three parcels of property are located along Moorman Road in the Boone District of Franklin County and further identified by Franklin County Real Estate Records as Tax Map/Parcel #s 0020000100, 00200000101, and 0020000102. The purpose of this rezoning is to allow for residential development. These properties have a future land use designation of Low Density Residential. (Case REZO-06-21-16967) WHEREAS, Mr. Jay Schott and SML Partners, LLC, did file an application requesting to rezone approximately 195 acres of property from A-1, Agricultural, to RPD, Residential Planned Development. WHEREAS, after due legal notice as required by Section 15.2-2204 2205 ofthe Code ofVirginia of 1950, as amended, the Planning Commission and Board of Supervisors did hold public hearings on July 13 and September 21, 2021, respectively, at which time all parties in interest were given an opportunity to be heard, and WHEREAS, after full consideration, the Franklin County Planning Commission recommended APPROVAL of the rezoning, with proffered conditions, and WHEREAS, after full consideration, the Franklin County Board of Supervisors determined that the requested rezone will not be of substantial detriment to adjacent property, that the character ofthe zoning district will not be changed thereby, and that such rezone will be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district, and with the public health, safety and general welfare to the community and APPROVED the request to rezone from A-1,Agricultural, to RPD, Residential Planned Development, with the following proffered condition, and with a deviation from the open space requirements of RPD as shown on the sketch plan: The property shall be developed in substantial conformance with the concept plan titled "Moorman Road Development Residential Subdivision,' prepared by Brooks Engineering Associates, dated May 19th, 2021. THEREFORE, BE IT ORDAINED, that a copy of this Ordinance be transmitted to the Clerk of the Planning Commission, the Franklin County Commissioner of Revenue and the Franklin County Zoning Administrator and that the Clerk be directed to reflect this action to APPROVE the rezone in the records of Franklin County. On the motion by Ronald Mitchellto approve the requested rezone, and seconded by Lorie Smith, said motion was APPROVED by the following recorded vote: AYES: Carter, R. Mitchell, Smith, Tatum NAYS: Cundiff, L. Mitchell, Thompson *Roll Call was Taken* Madelne R. Pk Madeline L Sefcik, CMC, Clerk 14 3 - Franklin County Board of Supervisors - 4 lo/zal Date - Franklin County Narvalsg fer Opportumn RESOLUTION: #08-12-2021) APPLICATION FOR SPECIAL USE PERMIT- Application of Jay Schott, Applicant, and SML Partners, LLC, Owner, requesting a special use permit, with possible conditions, to allow for the installation of private roads on an approximate 195 acres of property currently in three parcels. The parcels are located along Moorman Road in the Boone District of Franklin County and further identified by real estate records as Tax Map/Parcel #s 0020000100, 00200000101, and 0020000102. The properties have recently been rezoned from A-1, Agricultural to RPO, Residential Planned Development, where private roads are permitted issuance by of a special use permit from the Franklin County Board of Supervisors. The 195-acre property has ai future land use designation of Low Density Residential (Case# SPEC-08-21-17011). WHEREAS, Jay Schott, Applicant, and SML Partners, LLC, Owner, did file an application requesting a special use permit, with possible conditions, to allow for the installation of private roads on an approximate 195 acres of property currently in three parcels, and WHEREAS, after due legal notice as required by Section 15.2-2204/220S of the Code of Virginia of 1950, as amended, the Planning Commission did hold a public hearing on September 14, 2021 and the Board of Supervisors did hold a public hearing on September 21, 2021 at which time all parties in interest were given an opportunity to be heard, and WHEREAS, after full consideration, the Franklin County Planning Commission recommended. APPROVAL of the special use permit. with twelve (12) conditions as follows: 1. Before any lots are conveyed and in conjunction with the approval and recordation of after the final subdivision plat of any phase of development, is approved and recorded, the Developer shall record a Declaration of Covenants for the subdivision establishing a mandatory property owners' association (the "Association") and shall include reference of such on the final plat. Under the Declaration, the Association (as successor declarant to the Developer) shall have the obligation to maintain all private roads in the subdivision to Virginia Department of Transportation (VDOT) standards and shall have the authority to levy assessments to pay for the maintenance of common areas (including the private roads), and to file liens against any lot whose owner does not pay the assessment. Unless and until roads in the subdivision are accepted into the state system, each year a portion of the assessment shall be designated for the Association's private road maintenance reserve fund such that the fund is sufficient to meet the 20-year maintenance requirements to maintain the roads up to VDOT standards. 2. Upon completion of the roads in the subdivision, the Developer will provide to the Franklin County Planning Department a certification from an engineer licensed in Virginia that the private roads in the subdivision have been built to applicable VDOT public street standards. In conjunction with the recordation of the final subdivision plat, the Developer will execute and submit to the County a road maintenance agreement substantially in conformance with Exhibit "Conditions submitted by SML Partners LLC for Special Use Permit Request SPEC-08-21-17011, under which the Developer (as the initial Declarant) warrants for a period of twenty years after the subdivision's roads are either certified as completed or are accepted into the state system, whichever occurs first, that the subdivision's roads will be properly maintained to VDOT standards. At the same time, the Developer will provide a certification from a traffic engineer licensed in' Virginia, of an estimate of the expected costs to maintain the roads to slate standards for twenty years after the roads are completed to state standards. Unless and until the roads in the subdivision are accepted by VDOT, every five years thereafter the Association will obtain an updated maintenance cost estimate for the following 20 years from a traffic engineer licensed in Virginia. The Association will levy periodic assessments over that twenty-year period, with such assessments to be Franklin la County amalSetmg jor Opporumty deposited in a designated road maintenance reserve fund, as will be required in order to adequately fund the estimated road maintenance costs for the latest twenty-year estimate. 3. Unless and until the subdivision's roads have been accepted into the state system by VDOT, at the closing on the initial sale of each lot, the purchaser of that lot will pay to the Association $1,000.00 to be deposited into the Association's designated road maintenance reserve fund. 4. On an annual basis, within fifteen days of receipt of a written request by the Franklin County Planning Department, the Association shall make available to the Planning Department's designated representative the Association's maintenance fund records for Inspection to confirm that maintenance fees are being assessed and collected in substantial accordance with Conditions 2 and 3. 5. For a period oft twenty years after either completion of the subdivision's roads to' VDOT public street standards or until the subdivision's roads are accepted into the state system, whichever occurs first, the Developer shal! be a joint account holder on the Association's road maintenance fund (together with the Association). 6. In conjunction with the recordation of the final subdivision plat and the Declaration of Covenants, the Developer (as the initial Declarant) will submit to the County a letter of credit or bond equaling the amount of the twenty-year road maintenance estimate provided by a traffic engineer licensed in Virginia as referenced in paragraph 2 above. This letter of credit or bond shall be in addition to any bond or letters of credit required for the construction of the roads. On an annual basis, the amount of the letter of credit andlor bond may be reduced by an amount equal to the assessments paid into the special road fund and may also be reduced by the actual costs incurred in maintaining the roads after the roads have been certified to meet VDOT state standards. 7. Any remaining road maintenance bond or letter of credit will be fully released at the earlier of a) the date the roads in the subdivision are accepted into the state system by VDOT, or b) twenty years from the date of the engineer's letter certifying the roads have been completed to VDOT public street standards. 8. The restrictive covenants in the aforesaid Declaration shall include the following minimum development standards: a. There shall be no mobile home dwelling on any lot. b. The primary dwelling unit on each waterfront lot must be a minimum of eighteen hundred (1,800) finished square feet of fully enclosed heated living area ("Living Area" as used in this instrument excludes basements, seasonal porches, breezeways, garage, decks and the like.) The primary dwelling unit on each interior lot shall be a minimum of fourteen hundred (1,400) finished square feet of fully enclosed heated living area. C. Roofing on all buildings shall be either natural slate, wood shake, asphalt or fiberglass shingle, with standing seam coated steel (tin roof), or concrete shingles. Shingles on any dwelling must have a minimum 30-year manufacturer warranty. The roof of any dwelling and any detached garage shall have a minimum 5/12 roof pitch, All dwellings shall include a minimum of three (3) elevations andlor opposing roof lines, at least two of which must be on the from elevation, which may not include a pediment but may include dormers or an attached garage, each of which must be visually substantial, and which may be step down or opposing roof angles, excluding detached garages. The roof pitch of detached garages and accessory buildings must be similar to the primary dwelling. d. All garages and other permanent structures, such as storage rooms, retaining walls, etc., shall be built of similar or complimentary materials as was used on the primary dwelling. No cinder Franklin County INK. rOppartwaity clock, cement, solite block, vinyl siding, T 1-11 or asphalt shingle siding and the like shall be permitted for the finished exterior or any structure except for masonry foundations which must be covered with brick or natural or manufactured stone veneer, or sealed, parged and painted to conceal block joints; provided, however, that poured foundations with brick simulation shall be acceptable. All fuel tanks over 100 gallons must be buried. All above ground tanks shall be screened from casual observation from other properties. 9. The private roads shall be developed in general conformity with the master plan entitled "Moorman Road Development, Residential Subdivision," dated May 19, 2022. 10. To the extent not inçonsistent with public street standards VDOT would require to accept the roads in the State System, the private roads shall be developed in accordance with the standards listed in Sec. 25-305.- Streets, and Sec. 25-310. Same- Internal relationships. 11. Although the streets will be private, the Developer will construct all private streets in accordance with current VOOT subdivision requirements for public streets. 12. The Developer will provide a note on the subdivision plat identifying the streets as private and referencing the private maintenance responsibility unless and until the roads are accepted into the public street system by VDOT. WHEREAS, after full consideration, the Franklin County Board of Supervisors determined that the requested special use permit will not be of substantial detriment to adjacent properties, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the County Code, the uses permitted by right in the zoning district, and with the public health, safety and general welfare to the community, and APPROVED the request for a special use permit for the installation of private roads with the eleven (11) recommended conditions. THEREFORE, BE IT RESOLVED, that a copy of this Resolution be transmitted to the Clerk of the Planning Commission, the Franklin County Commissioner of Revenue, and the Franklin County Zoning Administrator, and that the Clerk be directed to reflect this action to APPROVE the special use permit in the records of Franklin County. On the motion made by Ronald Mitchell to approve the special use permit, and seconded by Mike Carter, said motion was APPROVED by the following recorded vote: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson *Roll Call Vote* Padelselik Madeline L Sefcik, CMO, Clerk Franklin County Board of Supervisors SR 23 1A 12-21-21 Date BHTY L S SMM T 467 . MOIMTAN URE 6 & Vr *3 % A 3 7 suruser * s4r OD/T d a sT r 1B * DR 2 SET Ios u ST SENT 21 9 $ 4 3). a Tr sre 7 134 IA 3 H A 11 - & 3 & a sarst 9046" * a a * 4 MCT A 71.825 AORES A 3 FES Be AD7 C ARE Me s, oF MAOR SUBONSON FD SML PARTNERS, LLC of a PB AS E AT SMITH MOUNTAN LAKE BRR SECTION 2 CREANNC MERCON o SVRIE9 MCt ME S1y3907 soRi ACIAL B * N * A04P 1 "a J08 SEC? E He . o" 9 3 - - - E H E - R M EASSOCIATES BALZER Conner, Samantha From: Lewis, Lisa D (VDOT) daleuseyporwignagoe Sent: Tuesday, February 4, 2025 2:08 PM To: Conner, Samantha Cc: Franklin, Tina; Cooper, Lisa; Keeler, Robin M (VDOT) Subject: Fw: DRT Meeting Next Tuesday (2/11) at 10:30am Attachments: REZO-10-24-18122 SML Partners Application001.pdf, SPEC -02-25-18212 SML Partners Application001 pdf EEE= CAUTION:This email is from outside Franklin County Government. Total security is not guaranteed. Remember to use safe practices when using email and other technologies. :::: Samantha - These applications appear to be for the private subdivision Brightwater (formerly Moorman). Due to the nature of the applications, we do not offer any comments. Lisa Lewis Land Development Engineer Bedford Residency/Frankln County Virginia Department of Transportation 540-493-4127 lisa. lewis @ VDOT Virgmnia gov From: Conner, Samantha GmcMeMMcNeVe gov> Sent: Tuesday, February 4, 2025 11:49 AM To: aaron.shearer <aaronshearer@westernvawater.org; John Broughton abogronehsaye gov>; Lisa Cooper <Lisa, Cooperelranwincounty. gov>; Doss, Darrin (VDH) amtindaedhaphagpe: Fowler, Michael <MichaelFowler@lrankincountyagovp; Franklin, Tina <TinaFrankin@lrankincountyagow; Gabriel Irigaray gabrelangarayewesternvawaterorg. Jackson, Delbert Delberuackson@lrankincountyagov; Lewis, Lisa D (VDOT) dsaewiendowgmgp: Stephanie Mathena Stephanie.Mathena@frankincountya gov>; Neil Holthauser enholthausereaep.om, Pendleton, Andy <Andy. Pduehasiompese, Poe, Dani <Danielle. Pocelanainountyago, Raney, William Willam.aney@lranlincountyagovo; Rosser, Brandy adporelanimouye gov>; Schmidt, Eric dicsmieatsa-mee Subject: DRT Meeting Next Tuesday (2/11) at 10:30am Good morning! Attached are the two appuications for review during our DRT meeting next Tuesday. Please let me knowi if you have any questions! Best, Samantha Conner From: Pendleton. Andy To: Eranklin. Tina Cc: Baney. Wiliam Subject: RE: COMMENTS ON ATTACHED CONCEPTUAL PLAN FOR BRIGHTWATER, SEC, 3 Date: Monday, December 2, 2024 10:10:13. AM Attachments: image001.png Tina, After looking at the request this would be considered a fire access road and the fire code states the following. 503.2.1 Dimensions Fire apparatus access roads shall have an unobstructed width of not less than 20 feet exclusive of shoulders. 503.2.5 Dead ends Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. With the above being said if other solutions can be provided am open to that. would request an on-site inspection and explanation of any proposed solutions prior to approval. Ifyou have any questions please let me know. Jesse (Andy) Pendleton Captain / Fire Marshal Franklin County Fire and EMS 50 Claiborne Ave Rocky Mount, VA 24151 540-483-3091 EEE E9 From: Franklin, Tina <ina/Frankin@lrankincountyvagov Sent: Wednesday, November 27, 2024 11:23 AM To: Pendleton, Andy AndyPendleton@rankincountyago Cc: Raney, William <Wilam.Raney@frankincountyagow, Subject: COMMENTS ON ATTACHED CONCEPTUAL PLAN FOR BRIGHTWATER, SEC. 3 Andy, Attached is a proposed conceptual plan for the above- referenced. They are trying to do exempt lots consisting of 15.01 acres since the road cannot ever meet VDOT requirements. In meeting with Madeline with Raine and Perdue this morning, the attached conceptual plan shows a 30' easement through the lots for access, however, she stated that the developer said in some places the easement is only 12'. - need your comments on this Monday morning early SO they can decide whether they can submit on Monday, December 2, 2024 (deadline for January Planning Commission meeting) or not. Also, would some type of turn around or cul de sac be required for emergency access and accessibility? Thanks, Tina H. Franklin, CZA Planner II 1255 Franklin Street, St. 103 Rocky Mount, Virginia 24151 540-483-3027. ext. 2427 Please do not email me permit applications. These applications must be submitted to one of the County's Permit Technicians. Please see below and only send to one email. Kathy.angledtonklincounlyya.gox Rachelhodge:@tankIncounlyvo.gov From: Neil Holthouser To: Frankin. Tina Subject: RE: DRT Meeting Next Tuesday (2/11) at 10:30am Date: Monday, February 10, 2025 4:53:56 PM Attachments: image002.pno image003.png E=== CAUTION: This emaili is from outside Franklin County Government. Total security is not guaranteed. Remember to use safe practices when using email and other technologies. :::= Tina, Appalachian Power Company offers the following comment on the proposed Zoning Amendment and Special Use Permit requests for the Brightwater subdivision: Appalachian Power Company (Appalachian) operates the Smith Mountain Pumped Storage Project (Project) pursuant to a license issued by the Federal Energy Regulatory Commission. Under the terms and conditions of its federal license, Appalachian has the authority and the responsibility to regulate and monitor certain uses and occupancies within the Project boundary (800-foot contour elevation at Smith Mountain Lake, 620-foot elevation contour at Leesville Lake). To this end, Appalachian administers the Shoreline Management Plan (SMP) in order to guide development activities along the shoreline adjacent to Project reservoirs. Any use, occupancy, or development of Project lands and waters, including dock construction, shoreline stabilization, vegetation, dredging, or land disturbance, is subject to the regulations and permitting requirements outlined in the SMP. Please ensure that, in the consideration of any Special Use Permit for properties located wholly or partially within the Project boundary, no representations are made indicating approval of any development activity within the Project boundary without expressed prior authorization from Appalachian." Thanks! APPALACHIAN NEIL HOLTHOUSERI PROCESS SUPV POWER EC.THQUSERPAEPCOM D 540 985: 2544 40 FRANKLIN ROAD SW. ROANOKE, VA 24011 1 From: Franklin, Tina daanehastrovee Sent: Monday, February 10, 2025 36 PM To: Neil Holthouser enhothouser@aep.com> Subject: [EXTERNAL FW: DRT Meeting Next Tuesday (2/11) at 10:30am Hello there I hope you and your family are doing well? Attached are a zoning map amendment and a special use permit for the Brightwater at Smith Mountain Lake Subdivision, Section 3. The zoning map amendment is to amend the original concept plan that was approved by the Board of Supervisors September 2021 and the special use permit is to remove the conditions involving VDOT due to the topography and steepness of the remaining +/-71.605 acres. Do you have any comments you would like for our staff report? Thanks Tina H. Franklin, CZA Planner II Development Services Planning & Community Development 1255 Franklin Street, St. 103 Rocky Mount, Virginia 24151 540-483-3027, EXT. 2427 Please do not email me permit applications. These applications must be submitted to one of the County's Permit Techniclans. Please see below and only send to one email. Kathy.anglestrankincountyyo.gox Rachelhodgeistanktnklincounbyya.gox David.Hbb:Stankincounlyvo.gox From: Conner, Samantha GamanthaConnerelrankincountwagoo Sent: Tuesday, February 4, 2025 11:49 AM To: aaron.shearer aronshearerewesternvawaterote>: Broughton, John ohn.frouehton@ranelrankincuntwagop: Cooper, Lisa <lsa.Cooper@frankincountwagop; Doss, Darrin (VDH) Suamndsedhstmape, Fowler, Michael Michaelfowleretran.incountwagoo: Franklin, Tina <Ina-rankinefransincountwagop: Gabriel irigaray gabnelmgarayewestervawateratp": Jackson, Delbert Delber.lackson@ltankincouniyagop; Lewis, Lisa D (VDOT) daleseidarnaspe. Mathena, Stephanie GiephancMatnemaelanincoumaso: Neil Holthauser aholhauser@aencom>: Pendleton, Andy <andyrendletoneransincountwarop: Poe, Dani Gmahasasstse Raney, William <Willam.anevPlransincountwarop: Rosser, Brandy randyRosserelranktncountwagop: Schmidt, Eric <shdidiudisoswaee Subject: DRT Meeting Next Tuesday (2/11) at 10:30am Good morning! Attached are the two applications for review during our DRT meeting next Tuesday. Please let me know if you have any questions! Best, Samantha Conner Clerk ofthe Planning Commission and the Board of Zoning Appeals Development Services 1255 Franklin Street, Suite 103 Rocky Mount, VA 24151 Phone: 540-483-3027 (Ext. 2304) Franklin County Naturals Seiting far Oppartm - - y Cave Spring uni Hall Gre tna Ferr Chatham Ba Tax Map #: 0020000100 REZO-10-24-18122 Subject Property Location SML Partners, LLC 15 3 Date: 2/24/2025 Miles 0020103500 0020102800 002010410940 0020104200 o0p1o,bal00002p, 0020102700 NAY-00260.00. 0020110500 pbrosrprcooicsy 0020103300 - 20103900 20106500 0020106800 0020103000 0020110400 0020103200 PEAE 0020110600 0020106900 0020103100 0020110700 URN 0020107000 [0020107100 0020107200 0020107300 0020000103 / 0020000100 0020000200 20000201 0020000802 0020000300 0020000800 20000400 0020000700 0020000301 S 0040000400 0020000801. 0020000500 0020000502 Legend Tax Map #: 0020000100 REZO-10-24-18122 Tax Parcels 2020 Pictometry Imagery SML Partners, LLC Road Centerlines 275 550 1,100 Ft Date: 2/24/2025 ft 08 C RO HDORIKAR 0020000103 PCENE 0020000200 002000020 0020000802 0020000300 0020000800 0020000700 0020000400 e 8 0020000301 E N 0040000400 0020000801 0020000500 0020000502 Tax Parcels Tax Map #: 0020000100 Lakes REZO-10-24-18122 A1 Agricultural SML Partners, LLC RPD Residential Planned Unit Development 137.5 275 550 825 1,100 Ft Date: 2/24/2025 0020002900 PRIVATE) & 0020008000 0090190600 / PENS e @020010700 / AGMBURNG a a Ro a 0020000000 0020000200 0020000802 0020000800 0020000800 0020000500 0000000000 0020000500 Tax Map #: 0020000100 Tax Parcels Road Centerlines REZO-10-24-18122 Low Density Residential SML Partners, LLC 275 550 1,100 Ft Date 2/24/2025 13 Department ofPlanning & Community Development Franklin County ANamarafSeringfrt Oppornity Transmittal of Planning Commission Action Date: April 4, 2025 Item: Case # SPEC-02-25-18212 Prepared by: Tina H. Franklin, Planner II Date ofCommission Action: March 11, 2025 SUMMARY OF REQUEST: APPLICATION for Application of SML Partners, LLC, Applicants and Owners, requesting a special use permit, with possible conditions, on an approximate 71.605 acres of property zoned RPD, Residential Planned Unit Development District. The parcel is located off of Washburn Court in the Boone Election District of Franklin County and further identified by real estate records as Tax Map/Parcel #0020000100. The purpose of this special use permit is to amend conditions from the special use permit for private roads approved by the Board of Supervisors by Resolution #08-12-2021. This property has a future land use designation of Low Density Residential SPEC-02-25-18212. In September 2021 the Board of Supervisors approved a rezoning from A-1, Agricultural District to RPD, Residential Planned Unit Development District for the purpose of developing a new residential subdivision with approximately 112 lots. In September 2021 the Board of Supervisors approved a special use permit for private roads with twelve (12) conditions. SML Partner, LLC are requesting amendments pertaining to VDOT standard regulations to the twelve (12) conditions of the special use permit for private roads on the parcel identified as Parcel ID # 0020000100 consisting of71.605 acres. Due to the topography and the steepness of the remaining 71.605 acres of the Brightwater at Smith Mountain Lake, Section 3, the private roads cannot be constructed to VDOT standards as required by the County's subdivision ordinance in Section 19-350 (c) states "lots in large lot subdivision shall be required to have frontage on a right-of-way with an unrestricted right of public access with a minimum width of fifty (50) feet or an access management of a minimum width of fifty (5) feet and Section 19-352 states "subdivision streets shall be constructed, and plans submitted in accordance with the current Virginia Department of Transportation (VDOT) subdivision street requirements when new streets are created to serve the lots, tracts, or parcels in the subdivision. In the County's subdivision ordinance large lots are defined as lot five (5) to fifteen (15) acres. The applicant is requesting to create five (5) new lots on the remaining 71.065 acres. Lot 73A will be a boundary line adjustment using the existing Section 2, lot 73 to create a lot with 14.46 acres and create four (4) new lots that would consist of 15.01 acres. Four (4) of the five (5) lots (lots 75-77) will be served only by a 30' wide private access easement. Lot 73A will be served by Washburn Court and the 30' wide private access easement as depicted on the conceptual plan. Lots that are created consisting of 15.01 acres or greater are exempt from the County's subdivision ordinance and thus will not be subject to VDOT standards and regulations. In addition, there will be a gravel road for emergency vehicle access to Moorman Road. The application was advertised, site posted, and notifications sent to all adjacent property owners. The Development Review Team (DRT) reviewed the appliçation at its February 2025 meeting. As of the date of this report, staff received eight (8) phone calls regarding the application. Additional comments and concerns may be raised as a result ofthe public hearings COMMISSION'S RECOMMENDATIOM At the end of the staff's presentation, there was a period for applicant comments and citizen's comments. Mr. Holland Perdue, attorney for the developer, stated his client has two recommendations regarding two of the conditions. Condition number 2 to be amended to reflect yearly amount of $1,250 instead of the $1,000 and condition number 4 consider changing the 20 years to 18 years since this is the amount oft time left on the bond. Mr. Dwayne Moorman asked ifhis road was meant for emergency vehicles only. Staff responded yes. He stated he did not want his land messed with, trash in his fields, or anyone disturbing his land. Commissioners discussed changing conditions numbers 2 and 4 to reflect the appliçant's request and continued discussion concerning emergency access to these five lots. The Planning Commission determined that such use will not be a substantial detriment to adjacent properties, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district and with the public health, safety, and general welfare to the community, and recommended APPROVAL with the following seven (7) conditions: 1. The property shall be developed in substantial conformance with the concept plan titled "Brightwater at Smith Mountain Lake, Section 3", prepared by Balzer & Associates, dated November 25, 2024. 2. At the closing on the initial sale of each lot, the purchaser of that lot will pay to the Association $1,000.00 to be deposited into the Association's designated road maintenance reserve fund. 3. On an annual basis, within fifteen days of receipt of a written request by the Franklin County Planning Department, the Association shall make available to the Planning 2 Department's designated representative the Association's maintenance fund records for inspection to confirm that maintenance fees are being assessed and collected. 4. For a period oft twenty years after the completion of the private road for Lots 73A through 77, the developer shall be a joint account holder on the Association's road maintenance fund (together with the Association). 5. The developer will provide a note on the subdivision plat identifying the streets as private and referencing the road maintenance agreement for Brightwater at Smith Mountain Lake, Section 3. 6. Exempt plat and road maintenance agreement prepared for Brightwater at Smith Mountain Lake, Section 3 shall be submitted to the County Planning Department for review prior to recordation in the Franklin County Clerk of Circuit Court's Office. In addition, the road maintenance agreement shall reference the maintenance of the gravel road for emergency vehicle services. 7. The developer shall provide ocumemuationealsuations from a licensed engineer showing that the stormwater management regulations from the approved plan "Brightwater (F.K.A Moorman Rd development) dated January 4, 2023 are met with the proposed changes to Section 3 of the subdivision. After deliberations Ron Jefferson, Gills Creek Planning Commissioner, made a motion to approve the request with the seven (7) conditions. The motion was seconded by David Pendleton, Blackwater Planning Commissioner. The vote was 6-0-0-1. A Roll Call Vote was held with the following reçorded vote. Motion to Approve: Jefferson Seconded: Pendleton AYES: Doss, Pendleton, Mitchell, McGhee, Jefferson, Clements NAYES: None ABSENT: None ABSTAIN: Evans SUGGESTED MOTIONS: (APPROVE) I find that the use will not be of substantial detriment to adjacent properties, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the County Code with uses permitted by right in the zoning district and with the public health, safety, and general welfare to the community. Therefore, I move to recommend approval of the applicant's request for amendments to the conditions of a special use permit for private roads as recommended by the Planning Commission in accordance with the seven (7) conditions. OR 3 (DENY) I find that such use will be of substantial detriment to adjacent properties, that the character of the zoning district will be changed thereby, and that such use will not be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district and with the public health, safety, and general welfare to the community. Therefore, I move to recommend denial of applicant's request to amend conditions for the special use permit for private roads. OR (DELAY ACTION) I find that the required information for the submitted petition is inçomplete. Therefore, I move to delay action until all necessary materials are submitted to the Board of Supervisors. 6 RESOLUTION # APPLICATION for SPECIAL USE PERMIT - Application of SML Partners, LLC, Applicants and Owners, requesting a special use permit, with possible conditions, on an approximate 71.605 acres of] property zoned RPD, Residential Planned Unit Development District. The parcel is located off of Washburn Court in the Boone Election District of Franklin County and further identified by real estate records as Tax Map/Parcel #0020000100. The purpose of this special use permit is to amend conditions from the special use permit for private roads approved by the Board of Supervisors by Resolution #08-12-2021. This property has a future land use designation of Low Density Residential SPEC-02-25-18212. WHEREAS, SML Partners, LLC owner/applicant by Counsel C. Holland Perdue, III, did file an application requesting a special use permit, with conditions, on approximately 71.605 acres of property zoned RPD, Residential Planned Unit Development to amend conditions from the special use permit for private roads approved by the Board of Supervisors by Resolution #08-12-2021, and located in the Boone Election District, and WHEREAS, after due legal notice as required by Section 15.2-2204/2205 of the Code of Virginia of 1950, as amended, the Planning Commission and Board of Supervisors did hold public hearings on March 11, 2025, and April 15, 2025, respectively, at which time all parties in interest were given an opportunity to be heard, and WHEREAS, after full consideration, the Franklin County Planning Commission recommended APPROVAL of the special use permit request, with the following seven (7) conditions, and 1. The property shall be developed in substantial conformance with the concept plan titled "Brightwater at Smith Mountain Lake, Section 3", prepared by Balzer & Associates, dated November 25, 2024. 2. At the closing on the initial sale of each lot, the purchaser of that lot will pay to the Association $1,000.00 to be deposited into the Association' s designated road maintenance reserve fund. 3. On an annual basis, within fifteen days of receipt of a written request by the Franklin County Planning Department, the Association shall make available to the Planning Department's designated representative the Association's maintenance fund records for inspection to confirm that maintenance fees are being assessed and collected. 4. For a period of twenty years after the completion of the private road for Lots 73A through 77, the developer shall be a joint account holder on the Association's road maintenance fund (together with the Association). 5. The developer will provide a note on the subdivision plat identifying the streets as private and referencing the road maintenance agreement for Brightwater at Smith Mountain Lake, Section 3. 6. Exempt plat and road maintenance agreement prepared for Brightwater at Smith Mountain Lake, Section 3 shall be submitted to the County Planning Department for review prior to recordation in the Franklin County Clerk of Circuit Court's Office. In addition, the road maintenance agreement shall reference the maintenance of the gravel road for emergency vehicle services. 7. The developer shall provide documentation/calculations from a licensed engineer showing that the stormwater management regulations from the approved plan "Brightwater (F.K.A. Moorman Rd development) dated January 4, 2023, are met with the proposed changes to Section 3 of the subdivision. WHEREAS, after full consideration, the Franklin County Board of Supervisors determined that the request will not be of substantial detriment to adjacent properties, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district, and with the public health, safety and general welfare to the community, and APPROVED the special use permit to amend conditions from the special use permit for private roads approved by the Board of Supervisors by Resolution #08-12-2021 with the seven (7) conditions as recommended by the Planning Commission. THEREFORE, BE IT ORDAINED, that a copy oft this Resolution be transmitted to the Clerk of the Planning Commission, the Franklin County Commissioner of Revenue and the Franklin County Zoning Administrator, and that the Clerk be directed to reflect this action to APPROVE the special use permit to amend conditions from the special use permit for private roads approved by the Board of Supervisors by Resolution #08-12-2021 with seven (7) conditions in the records of] Franklin County. On the motion by to approve the requested special use permit, and seconded by said motion was APPROVED by the following recorded vote: AYES: NAYES: ABSENT: ABSTAIN: Amy Renick, Clerk Franklin County Board of Supervisors Date STAFF REPORT Case # SPEC-12-25-18212 Franklin County A Natural Settingfor Opportunity To: Franklin County Planning Commission From: Tina Franklin, Planner II Date: February 28, 2025 Tax #s: 0020000100 District: Boone Election District Applicant: SML Partners, LLC by counsel C. Holland Perdue, III Owner: SML Partners, LLC APPLICATION for SPECIAL USE PERMIT - Application of SML Partners, LLC, Applicants and Owners, requesting a special use permit, with possible conditions, on an approximate 71.605 acres of property zoned RPD, Residential Planned Unit Development District. The parcel is located off of Washburn Court in the Boone Election District of Franklin County and further identified by real estate records as Tax Map/Parcel #0020000100. The purpose of this special use permit is to amend conditions from the special use permit for private roads approved by the Board of Supervisors by Resolution #08-12-2021. This property has a future land use designation of Low Density Residential (SPEC-02-25-18212). RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the special use permit with the following seven (7) conditions: 1. The proposed use shall be developed in substantial conformance to the conceptual plan titled "Brightwater at Smith Mountain Lake, Section 3", prepared by Balzer & Associates, dated November 25, 2024. 2. At the closing on the initial sale of each lot, the purchaser of that lot will pay to the Association $1,000.00 to be deposited into the Association's designated road maintenance reserve fund. 3. On an annual basis, within fifteen days of receipt of a written request by the Franklin County Planning Department, the Association shall make available to the Planning Department's designated representative the Association's maintenance fund records for inspection to confirm that maintenance fees are being assessed and collected. Franklin County Planning Commission 4. For a period of twenty years after the completion of the private road for Lots 73A through 77, the developer shall be a joint account holder on the Association's road maintenance fund (together with the Association). 5. The developer will provide a note on the subdivision plat identifying the streets as private and referencing the road maintenance agreement for Brightwater at Smith Mountain Lake, Section 3.. 6. Exempt plat and road maintenance agreement prepared for Brightwater at Smith Mountain Lake, Section 3 shall be submitted to the County Planning Department for review prior to recordation in the Franklin County Clerk of Circuit Court's Office. In addition, the road maintenance agreement shall reference the maintenance ofthe gravel road for emergency vehicle services. 7. The developer shall provide doctumemuationealeulations from a licensed engineer showing that the stormwater management regulations from the approved plan "Brightwater (F.K.A Moorman Rd development) dated January 4, 2023 are met with the proposed changes to Section 3 oft the subdivision. BACKGROUND: In September 2021 the Board ofs Supervisors approved a rezoning from A-1, Agricultural District to RPD, Residential Planned Unit Development District for the purpose of developing a new residential subdivision. With approximately 112 lots. In September 2021 the Board of Supervisors approved a special use permit for private roads with twelve (12) conditions. SML Partner, LLC are requesting amendments pertaining to VDOT standard regulations to the twelve (12) conditions of the special use permit for private roads on the parcel identified as Parcel ID # 0020000100 consisting of71.605 acres. Due to the topography and the steepness of the remaining 71.605 acres of the Brightwater at Smith Mountain Lake, Section 3, the private roads cannot be constructed to VDOT standards as required by the County's subdivision ordinance in Section 19-350 (c) states "lots in large lot subdivision shall be required to have frontage on a right-of-way with an unrestricted right of public access with a minimum width of fifty (50) feet or an access management of a minimum width of fifty (5) feet and Section 19-352 states "subdivision streets shall be constructed, and plans submitted in accordance with the current Virginia Department of Transportation (VDOT) subdivision street requirements when new streets are created to serve the lots, tracts, or parcels in the subdivision. In the County's subdivision ordinance large lots are defined as lot five (5) to fifteen (15) acres. The applicant is requesting to create five (5) new lots on the remaining 71.065 acres. Lot 73A will be a boundary line adjustment using the existing Section 2, lot 73 to create a 14.46 acres and creating four (4) new lots that would consist of 15.01 acres. Four (4) of the five (5) lots (lots 75-77) will be served only by a 30' wide private access easement. Lot 73A will be served by Washburn Court and the 30' wide private access easement SPEC-02-15-18212 2 February 28. 2025 Franklin County Planning Commission with pull offs along the easement as depicted on the conceptual plan. Lots that are created consisting of 15.01 acres or greater are exempt from the County's subdivision ordinance and thus will not be subject to VDOT standards and regulations. In addition, there will be a gravel road for emergency vehicle access to Moorman Road. Brightwater at Smith Mountain Lake, Section 3 will be served by private water and sewer. The application was advertised, site posted, and notifications sent to all adjacent property owners. The Development Review Team (DRT) reviewed the applications and submitted their comments through email due to its February 2025 meeting being cancelled due to inclement weather. As of the date of this report, staff has received two (2) phone calls inquiring about the appliçation. Additional comments and concerns may be raised as a result of the public hearings. SITE STATISTICS: Location: Washburn Court (private road) Size: +/- 71.605 acres Existing Land Use: Vacant Adjoining Zoning: RPD, Residential Planned Unit Development and A-1, Agricultural Adjoining Land Uses: Residential, Agricultural and vacant/wooded land Adj Future Land Uses: Low Density Residential COMPREHENSIVE PLAN: Future Land Use The future land use map designates the subject property as Low Density Residential, according to the 2007 Franklin County Comprehensive Plan adopted by the Board of Supervisors in May of 2007. Low Density Residential The Comprehensive Plan states that: "Low Density Residential Areas are intended to allow gross densities of one to two dwelling units per acre and minimum lot sizes of 20,000 - 30,000 square feet in general proximity to residential support services such as schools, playgrounds, and churches. These areas should either be located in or near existing Towns, Villages, or Rural Neighborhood Centers. It is envisioned that public water andlor sewer will someday serve these areas, meeting all local and state SPEC-02-75-18212 3 February 28. 2025 Franklin County Planning Commission standards and requirements. They should be served by new public roads built by the developer to State standards and dedicated to the State. Recreational facilities and other amenities should be provided. While low density residential areas are typically comprised of traditional neighborhood developments, they may also include mamufactured housing, free standing townhomes, patio homes and other similar building types. 3 Policies for Low Density Residential 1. All roads should be built to state standards and offered by the developer for inclusion in the state system for maintenance. 2. Lots in new subdivisions abutting County arterial or major collector roads should be provided access onto service or interior roads SO as to prevent the stacking of driveways. 3. On-site centralized treatment plants to provide public sewer for each subdivision should be encouraged. 4. The density of all new subdivisions to be served by wells and/or septic systems should be determined by the long-term carrying capacity of the land. All new lots should have adequate reserve areas in the event of septic system failures. 5. Centralized water systems should be required to provide water to all new subdivisions. 6. All new subdivisions located in prime farmland areas should include adequate buffers to separate residential uses from agricultural operations. 7. Encourage interconnection of residential and commercial developments in order to lessen the traffic loads on arterial roads and provide pedestrian and bicycle linkages. 8. Streets within subdivisions shall be designed to provide interconnections to adjacent vacant land for future subdivision access and circulation. Comprehensive Plan Summary As noted above, the Low-Density Residential areas are described as appropriate for "traditional neighborhood development, which generally includes various types of housing, which primarily includes single-family detached dwellings. Further, while the Comprehensive Plan states a minimum lot size of less than one acre, the Plan does not acres, the Comprehensive Plan would certainly support the proposed lots for additional dwellings, when considering lot size and dwelling type. SPEC-02-5-18212 + February 28. 2025 Franklin County Planning Commission The Comprehensive Plan's policy states that "all roads should be built to state standards and offered by the developer for inclusion in the state system for maintenance." As the topography of the subject 0020000100 (Section 3) is not conducive to constructing roads to meet state standards, the proposal is not supported by the Comprehensive Plan, when considering the caliber of road construction. Working in concert with the County's Comprehensive Plan are the two recent regional housing studies - by Roanoke Valley Allegheny Regional Commission and the West Piedmont Planning District Commission. Both housing studies point to a critical need for more housing. As such, the creation of any type of new housing units contributes to the County's available housing, meeting the goals ofthe housing studies. ZONING ORDINANCE: Special uses for the RPD district are set forth in Section 25-295 of the Zoning Ordinance. The requested use is referenced as a private street or road. Sec. 25-638 of the Zoning Ordinance sets forth the County's authority to issue special use permits for certain uses. In order to issue a special use permit, the Board of Supervisors must find that such use will not be a substantial detriment to adjacent properties, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the uses permitted by-right in the zoning district, and with the public health, safety, and general welfare to the community. Sec. 25-640 of the Zoning Ordinance sets forth the County's authority to impose conditions for the issuance of special use permits. The ordinance states that the Board of Supervisors "may impose upon any such permit such conditions relating to the use for which such permit is granted as it may deem necessary in the public interest. Conditions associated with a special use permit must be related to the particular land use which required the permit and must be related to some impact generated by or associated with such land use. Sec. 25-641 ofthe Zoning Ordinance states that a special use permit shall expire eighteen (18) months from the date ofi issuançe if "no commencement of use, structure or activity has taken place. The ordinance states that "commencement" shall consist of "extensive obligations or substantial expenditures in relation to the project, 99 including engineering, architectural design, land clearing, and/or construction. ANALYSIS In accordance with Section 25-638 of the County Code, the proposed special use permit is evaluated to determine if the use will be a substantial detriment to adjacent properties, change the character of the zoning district, and be in harmony with the uses permitted by- right in the zoning district, and the public health, safety, and general welfare to the community. SPEC-02-5-18212 - February 28. 2025 Franklin County Planning Commission The subject property is currently zoned Residential Planned Unit Development District (RPD). The applicant is requesting to amend the conditions of the special use permit that pertains to private roads in Section 3 of the Brightwater at Smith Mountain Lake Subdivision approved by the Board of Supervisors September 2021. Section 3 remaining 71.605 acres will be reduced to five (5) lots. One (I) lot will be 14.46 acres with access to Washburn Court and four (4) lots of 15.01 acres each fronting on the private access easement. The amendments to the original conditions are to eliminate regulations referencing VDOT standards to the private access easement, which will be a 30' right-of- way for the five (5) lots. The proposed amendment requested is consistent with the intent of the RPD District purpose ofthe Zoning Ordinance. The requested special use permit amendment will give the owner flexibility to be able to create larger, buildable lots in the proposed Section 3 of the Brightwater at Smith Mountain Lake subdivision. The traffic generated on the private road will be only from the five (5) lots proposed instead of the approximate 35 lots from the original special use permit. According to the Comprhensive Plan the future land use designation is Low-Density Residential. The Low-Density Residential policy states that "all roads should be built to state standards and offered by the developer for inclusion in the state system for maintenance." 9 As the topography of Brightwater Subdivision Section 3 is not conducive to constructing roads to meet state standards, the proposal is not supported by the Comprehensive Plan, when considering the caliber of road construction. The County's Subdivision Ordinance for large lots (5 to 15 acres) depicts that all private roads must be constructed to VDOT state standards. However, the proposed four (4) lots will meet the definition of in the subdivision ordinance for Lot, exempl. Any lot greater than fifteen (15) acres in which the county does not have to review and approve prior to recordation in the Clerk ofCircuit Court's office. Low-density residential areas are described as appropriate for "traditional neighborhood development, 93 which generally includes various types of housing, which primarily includes single-family detached dwellings. Comprehensive Plan states a minimum lot size ofless than one acre, the Plan does not provide a maximum lot size. As the proposed parcels are much larger, between 14 and 15 acres, the Comprehensive Plan would certainly support the proposed lots for additional dwellings, when considering lot size and dwelling type. In addition, there are two regional housing studies that work in concert with the Comprehensive Plan, both studies point to a critical need for more housing in the County. Any such creation of new housing types contributes to meeting the goals of these two housing plans. Staff concludes that approving the amendment to the conditions of the special use permit for private roads in relation to VDOT standards for road construction would not be a substantial detriment to adjacent properties, change the character of the zoning district, SPEC-02-25-18212 February 28. 2025 Franklin County Planning Commission and will be in harmony with the purpose and intent of this chapter, and with the uses permitted by right and by special use permit in the RPD zoning district. The topography and steepness of the remaining acreage of the Brightwater at Smith Mountain Lake, Section 3 creates challenges to construct the private road as a 50' right-of-way and meet the standards of VDOT. Comprehensive plan supports the density of Section 3 but does not support the private roads not being built to state standards. The County's subdivision ordinance does not regulate lots over 15 acres and lot 73A is proposed to have frontage on Washburn Court, which is required of a private road. The density of Section 3 meets the intent of the low density residential future land use and is supportive of the two housing plans of the region. DEVELOPMENT REVIEW TEAM (DRT) COMMENTS: AEP: Neil Holthouser stated Appalachian Power Company offers the following comment on the proposed requests for the Brightwater Subdivision: "Appalachian Power Company (Appalachian) operates the Smith Mountain Pumped Storage Project (Project) pursuant to a license issued by the Federal Energy Regulatory Commission. Under the terms and conditions of its federal license, Appalachian has the authority and the responsibility to regulate and monitor certain uses and occupancies within the Project boundary (800-foot contour elevation at Smith Mountain Lake, 620- foot elevation contour at Leesville Lake). To this end, Appalachian administers the Shoreline Management Plan (SMP) in order to guide development activities along the shoreline adjacent to Project reservoirs. Any use, occupancy, or development of Project lands and waters, including dock construction, shoreline stabilization, vegetation, dredging, or land disturbance, is subject to the regulations and permitting requirements outlined in the SMP. Please ensure that, in the consideration of any Special Use Permit for properties located wholly or partially within the Project boundary, no representations are made indicating approval of any development activity within the Project boundary without expressed prior authorization from Appalachian." VDOT: Lisa Lewis, VDOT had no comments or conçerns due to the nature of the appliçations. VDH: Darrin Doss had no comments due to being served by public water and sewer (WVWA). WVWA: Gabriel Irigaray stated there is no public water or sewer available in this area of Franklin County. STORMWATER / E&S: Bill Raney, Development Review Coordinator, stated the developer/owner needs to provide documentation and calçulations from the engineer that the development still meets stormwater quality requirements with the proposed changes to Phase 3. SPEC-12-25-18212 7 February 28. 2025 Franklin County Planning Commission BUILDING: John Broughton, Building Official, stated the applicant and/or owner will be required to obtain all necessary building permits for the proposed lots. FIRE & EMS: Andy Pendleton, Fire Marshal, stated after looking at the request the proposed road would be considered a fire access road, and the fire code states the following: 1. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet exclusive of shoulders. 2. 503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. He stated with the above being said if other solutions can be provided, he is open to that discussion and would request an on-site inspection and explanation of any proposed solutions prior to approval. GIS: Eric Schmidt, GIS Manager, stated the owner of each lot must contact the GIS Department for addresses for each dwelling. SPE C-02-25-18212 S February 28, 2025 Franklin County Planning Commission SUGGESTED MOTIONS: The following suggested motions are sample motions that may be used. They include language found in Section 15.2-2283, Purpose of zoning ordinances of the Code of Virginia of 1950, as amended. (APPROVE) I find that such use will not be of substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent ofthe County Code with the uses permitted by right in the zoning district, and with the public health, safety, and general welfare to the community. Therefore, I move to recommend approval of the applicant's request for amendments to the conditions of a Special Use Permit for private roads in accordance with Section 25-295 of the Zoning Ordinance, with the seven (7) conditions as recommended in the staff report. OR (DENY) I find that such use will be of substantial detriment to adjacent property, that the character of the zoning district will be changed thereby, and that such use will not be in harmony with the purpose and intent oft the County Code with the uses permitted by right in the zoning district, and with the public health, safety, and general welfare to the community. Therefore, I move to recommend denying the request for the Special Use Permit amendment to remove conditions regarding VDOT. OR (DELAY ACTION) I find that the required information for the submitted petition is incomplete. Therefore, I move to delay action until all necessary materials are submitted to the Planning Commission. SPEC-12-25-18212 February 28. 2025 Docusign Envelope ID: 4B8F167-C58E4627-8590.52F271889120 FRANKLIN COUNTY SPECIAL USE PERMIT APPLICATION I/We SML Partners, LLC as Owner(s), Contract Purchasers, or Owner's Authorized Agent oft the property described below, hercby apply to the Franklin County Board of Supervisors for a special usc permit on the property described below: Petitioner's Name: C. Holland Perdue, III Petitioner' 's Address: 245 S. Main Street Rocky Mount, VA 24151 Petitioner's Phone Number: 540-483-9269 Petitioncr's Email Address: Omse@raneandperduecom Property Owner's Name: SML Partners, LLC Property Owner' s Address: 131 Plantation Ridge Drive Mooresville, NC 28117 Property Owner' s Phonc Number: 704-309-9880 Property Owner' s Email Address: shott@diamondblackl.c.com Property Information: A. Proposed Property Address: Lot 73A through Lot 77, Phase 3, Brightwater at SML subdivision B. Tax Map and Parcel Number: #0020000100 C. Election District: Boones D. Size ofProperty: 71.605 acres E. Existing Zoning: RPD F. Existing Land Use: Undeveloped Waterfront Lots G. Is the property located within any oft the following overlay zoning districts: Coridor District Westlake Overlay District Smith Mountain Lakc Surfacc District H. Is any land submerged under water or part of Smith Mountain Lake? YES NO I. Ifyes, please explain: 26.347 acres below the 800' contour line but will not be affected by the subdivision and creation of these lots Proposed Special Usc Permit Information: J. Proposed Land Use: To Amend the Concept Plan as set forth in Resolution #08-12-2021 and Ordinance #11-09-2021 to create Lot 73A through Lot 77 incorporated into Brightwater at SML K. Size of Proposed Usc: 71.605acres Page 5 of8 June 13, 2023 Docusign Envelope ID: 4B88F1 167-C56E-4627-859D-52F271889120 L. Other Details of Proposed Use: Checklist for Completed Items: Application Form Letter of Application Concept Plan Application Fee I certify that this application for a special usc permit and thc information submitted is herein complete and accurate. Petitioner' s Name (Printed): C. Holland Perdye II Petitioner': s Signature: Date: 2/3/2025 Mailing Address: 245 S. Main Street Rocky Mount, VA 24151 Phone Number: 540-483-9269 Email Address: OMce@raneandperdlecom Owner's consent, ifp petitioner is not property owner: Docusigned by: Owner'sl Name: Jay Slatt Owner's Signature: - D9F32EEDAF44B Date: 2/3/2025 Date Received by Planning Staff: Page 6 of8 June 13, 2023 THE LAW OFFICES OF RAINE & PERDOE, P.L.C. PEROUE - MONTGOMERY BUILDING 245 SOUTH MAIN STREET ROCKY MOUNT, VIRGINIA 24151 MICHAUX RAINE NI (1936-2010) 1540) 493-0209 CLYDE H. PERDUE, JR. 1e 4-20211 FAX (54 401 C HOLLAND PERDUE III e NE NDPK 483-2028 RDUE February 2, 2025 County of Franklin Planning and Community Development 1255 Franklin Street Suite 103 Rocky Mount, VA 24151 Re: Amendment to Special Use Permit SML Partners, LLC Subdivision of Tax Map/Parcel #2.-1 Boone Magisterial District Zoned RPD To Whom it May Concern: This office represents SML Partners, LLC. This Letter of Application is being provided to submit for an Amendment to the Special Use Permit, Resolution #08-12-2021, revising the conditions that have been resolved for Tax Map/Parcel #2.-1, Tract A, having the 911 Address of 2189 Moorman Road Hardy, VA 24101. The purpose of this Amendment is to amend and lift the restrictions placed on Tax Map/Parcel #2.-1 for private roads needing to meet VDOT standard regulations. Due to the terrain of the land, Tract A will need a 30' access easement traversing through the newly created lots; therefore, the conditions placed on Tract A, as set forth in Resolution #08-12- 2021, cannot be met. The Concept Plan, attached hereto, shows the creation of five (5) lots, to be known and designated as Lot 73A through 77, Phase 3, Brightwater at SML. Lots 74 through 77 will contain 15.01 acres. Lot 73A will be created by a boundary line adjustment using the existing Phase 2 Lot 73 to create a new parcel containing 14.46 acres. These lots will use a 30' private access easement with pull- offs along the intended route, while implementing a gravel road for emergency vehicle services. While the terrain cannot support roads 1 to VDOT standards, implementing a gravel road will be beneficial for the traction, support and drainage of Tract A's unique topographical conditions. SML Partners, LLC plans to file the necessary documentation to incorporate the five (5) lots into the Property Owner's Association adjoining Phase 3 to the Declaration of Covenants and Restrictions of Brightwater at Smith Mountain Lake and the Road Maintenance Agreement. Further, Phase 3 will have slightly higher annual fee as these new lots will have private access that will require different maintenance, use, and upkeep as opposed to Phase 1 and Phase 2. While this Special Use Amendment will eliminate Tract A having to upkeep the private road to VDOT standard requirements, my clients are willing to adhere to any more conditions that may be implemented to ensure the safety and quality of these exempted lots. This amendment will not affect the surrounding areas as Tract A lies on a peninsula of Smith Mountain Lake, so this will not cause a disturbance to any surrounding subdivisions and/or residential homes. I am excited for Phase 3 to be as successful as Phase 1 and Phase 2 in the growth and expansion of Smith Mountain Lake. We appreciate your consideration of this application and request to be placed on the earliest hearing date with the Planning Commission. Should you have any further questions concerning the enclosed application or Concept Plan, please feel free to call me or Jay Shott. Mr. Shott can be reached at (704)309-9880. C. Holaad Perdue III CHPIII/mgp Enclosures cc: SML Partners, LLC 2 - à - - - N/F BOONH M 1165 PG. 2920 DB ZONER Al € - o & a & C e a & a % R R R S a & & a 5 8 9 R: % 6 B 9 - S R - & & 8 3 9 y e 8 < 9 s 3 s de - 3 e 0 - 9 5 3 s 3 S 3 * 23 s S & 9 8 a 2 & S 3 3 5 a : 3 9 € a - S S 4 BE A S 4 S6 $ 6 e e a $ e * - 1 $ 9 $ S/ $ $ $ S $ 9 9 9 3) : 9 S S B 3 A 9 S / R a S 2 % S R S W y & 5 e S R 6 S S / E * S 9 3 2 0 - 3, 9 s 3 3 S S 9 d ( 8 S 3 S 4 S 0 1 RIICAE - 9 $ N 2 3 0 : e S 9 S : o s s 6 a to 3 9 s A S s E - à . 6 B mimtin 5 - - 9 - 1 I 2 a a 3 € - de e 1 1 6 8 130 - : ndna 487819 MOORMAN ROAD DEVELOPMENT A - - - nSE ECMdOS pAu -252 o AS on C-1.0 RESIDENTIAL SUBDIVISION BROOKS sar Vn 1 WA 3 MAISGAN gu MM - . G I Me Do 2gt p nng Engneenng Servying d MASTER PLAN -Inwommartal Senices. - 18 ISSUEDFOR CONSA ION - M - - V: i15 SOC8 - : & : Franklin County Narral Sering for Oppertn RESOLUTION #08-12-2021) APPLICATION FOR SPECIAL USE PERMIT- Application of Jay Schott, Applicant, and SML Partners, LLC, Owner, requesting a special use permit, with possible conditions, to allow for the installation of private roads on an approximate 195 acres of property currently in three parcels. The parcels are located along Moorman Road in the Boone District of Franklin County and further identified by real estate records as Tax Map/Parcel #s 0020000100, 00200000101, and 0020000102. The properties have recently been rezoned from A-1, Agricultural to RPO, Residential Planned Development, where private roads are permitted by issuance of a special use permit from the Franklin County Board of Supervisors. The 195-acre property has at future land use designation of Low Density Residential (Case# SPEC-08-21-7011). WHEREAS, Jay Schott, Applicant, and SML Partners, LLC, Owner, did file an application requesting a special use permit, with possible conditions, to allow for the installation of private roads on an approximate 195 acres of property currently in three parcels, and WHEREAS, after due legal notice as required by Section 15.2-2204/220S of the Code of Virginia of 1950, as amended, the Planning Commission did hold a public hearing on September 14, 2021 and the Board of Supervisors did hold a public hearing on September 21, 2021 at which time all parties in interest were given an opportunity to be heard, and WHEREAS, after full consideration, the Franklin County Planning Commission recommended APPROVAL of the special use permit. with twelve (12) conditions as follows: 1. Before any lots are conveyed and in conjunction with the approval and recordation of after the final subdivision plat of any phase of development, is approved and recorded, the Developer shall record a Declaration of Covenants for the subdivision establishing a mandatory property owners' association (the "Association") and shall include reference of such on the final plat. Under the Declaration, the Association (as successor declarant to the Developer) shall have the obligation to maintain all private roads in the subdivision to Virginia Department of Transportation (VDOT) standards and shall have the authority to levy assessments to pay for the maintenance of common areas (including the private roads), and to file liens against any lot whose owner does not pay the assessment. Unless and until roads in the subdivision are accepted into the state system, each year a portion of the assessment shall be designated for the Association's private road maintenance reserve fund such that the fund is sufficient to meet the 20-year maintenance requirements to maintain the roads up to VDOT standards. 2. Upon completion of the roads in the subdivision, the Developer will provide to the Franklin County Planning Department a certification from an engineer licensed in Virginia that the private roads in the subdivision have been built to applicable VDOT public street standards. In conjunction with the recordation of the final subdivision plat, the Developer will execute and submit to the County a road maintenance agreement substantially in conformance with Exhibit "Conditions submitted by SML Partners LLC for Special Use Permit Request SPEC-08-21-17011, under which the Developer (as the initial warrants Declarant) for a period of twenty years after the subdivision's roads are either certified as completed or are accepted into the state system, whichever occurs first, that the subdivision's roads will be maintained to VDOT standards. At the same time, the Developer will provide a certification from properly a traffic engineer licensed in Virginia, of an estimate of the expected costs to maintain the roads to slate standards for twenty years after the roads are completed to state standards. Unless and until the roads subdivision are accepted by VDOT, every five years thereafter the Association will obtain in the maintenance cost estimate for the following 20 years from a traffic engineer liçensed in an updated Association will levy periodic assessments over that twenty-year period, with such assessments Virginia. to The be Franklin County ain Sernp o Opperisr TTy deposited in a designated road maintenance reserve fund, as will be required in order to adequately fund the estimated road maintenance costs for the latest twenty-year estimate. 3. Unless and until the subdivision's roads have been accepted into the state system by VDOT, at the closing on the initial sale of each lot, the purchaser of that lot will pay to the Association $1,000.00 to be deposited into the Association's designated road maintenance reserve fund. 4. On an annual basis, within fifteen days of receipt of a written request by the Franklin County Planning Department, the Association shall make available to the Planning Department's designated representative the Association's maintenance fund records for inspection to confirm that maintenance fees are being assessed and collected in substantial accordance with Conditions 2 and 3. 5. For a period of twenty years after either completion of the subdivision's roads to VDOT public street standards or until the subdivision's roads are accepted into the state system, whichever occurs first, the Developer shall be a joint account holder on the Association's road maintenance fund (together with the Association). 6. In conjunction with the recordation of the final subdivision plat and the Declaration of Covenants, the Developer (as the initial Declarant) will submit to the County a letter of credit or bond equaling the amount of the twenty-year road maintenance estimate provided by a traffic engineer licensed in Virginia as referenced in paragraph 2 above. This letter of credit or bond shall be in addition to any bond or letters of credit required for the construction of the roads. On an annual basis, the amount of the letter of credit andlor bond may be reduced by an amount equal to the assessments paid into the special road fund and may also be reduced by the actual costs incurred in maintaining the roads after the roads have been certified to meet VDOT state standards. 7. Any remaining road maintenance bond or letter of credit will be fully released at the earlier of a) the date the roads in the subdivision are accepted into the state system by VDOT, or b) twenty years from the date of the engineer's letter certifying the roads have been completed to VDOT public street standards. 8. The restrictive covenants in the aforesaid Declaration shall include the following minimum development standards: a. There shall be no mobile home dwelling on any lot. b. The primary dwelling unit on each waterfront lot must be a minimum of eighteen hundred (1,800) finished square feet of fully enclosed heated living area ("Living Area" as used in this instrument excludes basements, seasonal porches, breezeways, garage, decks and the like.) The primary dwelling unit on each interior lot shall be a minimum of fourteen hundred (1,400) finished square feet of fully enclosed heated living area. C. Roofing on all buildings shall be either natural slate, wood shake, asphalt or fiberglass shingle, with standing seam coated steel (tin roof), or concrete shingles. Shingles on any dwelling must have a minimum 30-year manufacturer warranty. The roof of any dwelling and any detached garage shall have a minimum 5/12 roof pitch. All dwellings shall include a minimum of three (3) elevations and/or opposing roof lines, at least two of which must be on the from elevation, which may not include a pediment but may include dormers or an attached garage, each of which must be visually substantial, and which may be step down or opposing roof angles, excluding detached garages. The roof pitch of detached garages and accessory buildings must be similar to the primary dwelling. d. All garages and other permanent structures, such as storage rooms, retaining walls, etc., shall be built of similar or complimentary materials as was used on the primary dwelling. No cinder Franklin County NI forOpper - clock, cement, solite block, vinyl siding, T 1-11 or asphalt shingle siding and the like shall be permitted for the finished exterior or any structure except for masonry foundations which must be covered with brick or natural or manufactured stone veneer, or sealed, parged and painted to conçeal block joints; provided, however, that poured foundations with brick simulation shall be acceptable. All fuel tanks over 100 gallons must be buried. All above ground tanks shall be screened from casual observation from other properties. 9. The private roads shall be developed in general conformity with the master plan entitled "Moorman Road Development, Residential Subdivision," dated May 19, 2022. 10. To the extent not inconsistent with public street standards VDOT would require to accept the roads in the State System, the private roads shall be developed in accordance with the standards listed in Sec. 25-305.- Streets, and Sec. 25-310. Same- Interal relationships. 11. Although the streets will be private, the Developer will construct all private streets in accordance with current VOOT subdivision requirements for public streets. 12. The Developer will provide a note on the subdivision plat identifying the streets as private and referencing the private maintenance responsibility unless and until the roads are accepted into the public street system by VDOT. WHEREAS, after full consideration, the Franklin County Board of Supervisors determined that the requested special use permit will not be of substantial detriment to adjacent properties, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the County Code, the uses permitted by right in the zoning district, and with the public health, safety and general welfare to the community, and APPROVED the request for a special use permit for the installation of private roads with the eleven (11) recommended conditions. THEREFORE, BE IT RESOLVED, that a copy of this Resolution be transmitted to the Clerk of the Planning Commission, the Franklin County Commissioner of Revenue, and the Franklin County Zoning Administrator, and that the Clerk be directed to reflect this action to APPROVE the special use permit in the records of Franklin County. On the motion made by Ronald Mitchell to approve the special use permit, and seconded by Mike Carter, said motion was APPROVED by the following recorded vote: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson *Roll Call Vote* Peliselik Madeline L. Sefcik, CMS, Clerk Franklin County Board of Supervisors A3 12-31-21 Date A MYN From: Baney.Willam To: Eranklin. Tina Subject: RE: ZONING MAP AMENDMENT. AND SPECIAL USE PERMIT FOR BRIGHTWATER, SEC. 3 Date: Wednesday, February 12, 2025 2:37:57 PM Yes, I believe the dediçated forest open space in phase 3 of the original plans did play a part in the stormwater compliance for quality. And I'm not sure iflhave checked that there is dedicated forest open space on the new lots. Can we. make it a condition they need to provide documentation/ calculations from the engineer that the devetopment still meets stormwater quality requirements with the proposed changes to phase 3? From: Franklin, Tina <Tina.frankln@tranklincountyva gov> Sent: Wednesday, February 12, 2025 2:27 PM To: Raney, William <Willam.Raney@franklincountyva gov> Subject: RE: ZONING MAP AMENDMENT AND SPECIAL USE PERMIT FOR BRIGHTWATER, SEC. 3 No like if an erosion and swm plan that has to be submitted and complied with. believe Section 3 was included in the erosion plan that we approved, correct. If yes, then you probably would not have a comment. Tina H. Franklin, CZA Planner II Development Services Planning & Community Development 1255 Franklin Street, St. 103 Rocky Mount, Virginia 24151 540-483-3027, EXT. 2427 Please do not email me permit applications. These applications must be submitted to one of the County's Permit Technicians. Please see below and only send to one email. Kathy.anglesftonkinklIincountyya.gox Rachelhodgeistanklncounbya.gox David.Hibbi8tanklncounhyya.gov From: Raney, William <willam.ancyPtrankincountwagop Sent: Wednesday, February 12, 2025 1:11 PM To: Franklin, Tina mtatinelacimomsee Subject: RE: ZONING MAP AMENDMENT AND SPECIAL USE PERMIT FOR BRIGHTWATER, SEC. 3 You mean like a description of the road and the changes that were made ati the request of the fire marshal? From: Franklin, Tina <Ina.franklin@lrankincountywagop Sent: Wednesday, February 12, 2025 12:54 PM To: Raney, William <Millam.aney@frankincountwagop Subject: ZONING MAP AMENDMENT AND SPECIAL USE PERMIT FOR BRIGHTWATER, SEC. 3 Hey there Was wondering how you might word any comment that you have on the above-referenced public hearings for the staff report? Thanks, Tina H. Franklin, CZA Planner II Development Services Planning & Community Development 1255 Franklin Street, St. 103 Rocky Mount, Virginia 24151 540-483-3027, EXT. 2427 Please do not email me permit applications. These applications must be submitted to one of the County's Permit Technicians. Please see below and only send to one emall. Kalhy.anglesfrgnkincounlyya.goy Rachelhodgesetrgnkincounbyya.gox David.Hbb:Stanklincounlyya.goy - From: Pendleton. Andy To: Eranklin. Tina Cc: Baney.Willam Subject: RE: COMMENTS ON ATTACHED CONCEPTUAL PLAN FOR BRIGHTWATER, SEC. 3 Date: Monday, December 2, 2024 10:10:13 AM Attachments: image00l.pna Tina, After looking at the request this would be considered a fire access road and the fire code states the following. 503.2.1 Dimensions Fire apparatus access roads shall have an unobstructed width of not less than 20 feet exclusive of shoulders. 503.2.5 Dead ends Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. With the above being said if other solutions can be provided 1: . am open to that. Iwould request an on-site inspection and explanation of any proposed solutions prior to approval. f you have any questions please let me know. Jesse (Andy) Pendleton Captain / Fire Marshal Franklin County Fire and EMS 50 Claiborne Ave Rocky Mount, VA 24151 540-483-3091 REB BEY From: Franklin, Tina aranenpimouyee Sent: Wednesday, November 27, 2024 11:23 AM To: Pendleton, Andy AndyPendleton@frankincountyagov Cc: Raney, William <Wlam.RaneyPlran.incountyagop Subject: COMMENTS ON ATTACHED CONCEPTUAL PLAN FOR BRIGHTWATER, SEC. 3 Andy, Attached is a proposed conceptual plan for the above- referenced. They are trying to do exempt lots consisting of 15.01 acres since the road cannot ever meet VDOT requirements. In meeting with Madeline with Raine and Perdue this morning, the attached conceptual plan shows a 30' easement through the lots for access, however, she stated that the developer said in some places the easement is only 12'. need your comments on this Monday morning early SO they can decide whether they can submit on Monday, December 2, 2024 (deadline for January Planning Commission meeting) or not. Also, would some type of turn around or cul de sac be required for emergency access and accessibility? Thanks, Tina H. Franklin, CZA Planner II 1255 Franklin Street, St. 103 Rocky Mount, Virginia 24151 540-483-3027, ext. 2427 Please do not email me permit applications. These applications must be submitted to one of the County's Permit Technicians. Please see below and only send to one email. Kathy.angleatonkincownlyy.gox Rachelhodgei@ttankincounbva.gox - From: Neill Holthouser To: Eranklin. Tina Subject: RE: DRT Meeting Next Tuesday (2/11) at 10:30am Date: Monday, February 10, 2025 4:53:56 PM Attachments: image002.ong image003.ong aose CAUTION: This email is from outside Franklin County Government. Total security is not guaranteed. Rememberto use safe practices when using email and other technologies. EEE Tina, Appalachian Power Company offers the following comment on the proposed Zoning Amendment and Special Use Permit requests for the Brightwater subdivision: Appalachian Power Company Appalachian) operates the Smith Mountain Pumped Storage Project (Project) pursuant to a license issued by the Federal Energy Regulatory Commission. Under the terms and conditions of its federal license, Appalachian has the authority and the responsibility to regulate and monitor certain uses and occupancies within the Project boundary (800-foot contour elevation at Smith Mountain Lake, 620 foot elevation contour at Leesville Lake). To this end, Appalachian administers the Shoreline Management Plan (SMP) in order to guide development activities along the shoreline adjacent to Project reservoirs. Any use, occupancy, or development of Project lands and waters, including dock construction, shoreline stabilization, vegetation, dredging, or land disturbance, is subject to the regulations and permitting requirements outlined in the SMP. Please ensure that, in the consideration of any Special Use Permit for properties located wholly or partially within the Project boundary, no representations are made indicating approval of any development activity within the Project boundary without expressed prior authorization from Appalachian." Thanks! APPALACHIAN NEIL HOLTHOUSER PROCESS SUPV POWER EOLTHOUSERAAEPCOM D 540 985 2544 AP 40 FRANKLIN ROAD SW. ROANOKE VA 24011 From: Franklin, Tina <Tina.franklin@lrankincountyagov> Sent: Monday, February 10, 2025 3:36 PM To: Neil Holthouser <nholthouser@aep. com> Subject: (EXTERNAL) FW: DRT Meeting Next Tuesday (2/11) at 10: 30am Hello there - I hope you and your family are doing well? Subject: DRT Meeting Next Tuesday (2/11) at 10: 30am Good morning! Attached are the two applications for review during our DRT meeting next Tuesday. Please let me know if you have any questions! Best, Samantha Conner Clerk of the Planning Commission and the Board of Zoning Appeals Development Services 1255 Franklin Street, Suite 103 Rocky Mount. VA 24151 Phone: 540-483-3027 (Ext. 2304) Franklin County NatrlSetig, fnz Oppurtiwity - Conner, Samantha From: Lewis, Lisa D (VDOT) daleseyporvpmagpe Sent: Tuesday, February 4, 2025 2:08 PM To: Conner, Samantha Cc: Franklin, Tina; Cooper, Lisa; Keeler, Robin M (VDOT) Subject: Fw: DRT Meeting Next Tuesday (2/11) at 10:30am Attachments: REZO-10-24-18122 SML Partners Application001,pd; SPEC-02-25-18212 SML Partners Application001.pdr =:: CAUTION: This email is from outside Franklin County Government. Total security is not guaranteed. Remember to use safe practices when using email and other technologies. =::= Samantha - These applications appear to be for the private subdivision Brightwater (formerly Moorman). Due to the nature of the applications, we do not offer any comments. Lisa Lewis Land Development Engineer Bedford Residency/Franklin County Virginia Department of Transportation 540-493-4127 lisa. lewis @ VDOT, Virginia. gov From: Conner, Samantha Gamantha.Comner@lranaincountyagov, Sent: Tuesday, February 4, 2025 11:49 AM To: aaron.shearer caronshearer@westernvawater.org, John Broughton igehe"N Lisa Cooper <isa.Cooper@frankincountyagow,: Doss, Darrin (VDH) damindoedhwrgnaso, Fowler, Michael <MichaelFowler@ranktncountyagop,t Franklin, Tina <Tina.frankin@trankincountyagov,; Gabriel Irigaray gabrielarigarayewesternvawater.org>,lackson, Delbert Delbertuackson@lran.incountyagow,; Lewis, Lisa D (VDOT) aewsvdolwmegpo, Stephanie Mathena SiephanieMathemaelralincoumyagop; Neil Holthauser mhothausereaepcom>, Pendleton, Andy AndyPendleton@lrankincountyagovo; Poe, Dani <Daniele.Poe@lrankincountyvagow; Raney, William WillamRaneyelranwtcountyagov; Rosser, Brandy ceranoy,Rosserelransincountyagov; Schmidt, Eric Ksoeaoveee Subject: DRT Meeting Next Tuesday (2/11) at 10:30am Good morning! Attached are the two applications for review during our DRT meeting next Tuesday. Please let me know if you have any questions! Best, Samantha Comner Clerk of the Planning Commission and the Board of Zoning Appeals Development Services 1255 Franklin Street, Suite 103 Rocky Mount, VA 24151 Phone: 540-483-3027 (Ext. 2304) Franklin County Naninal Seingha Pppmtin - 2 BKI 1195P62086 230000922 BRIGHTWATER AT SMITH MOUNTAIN LAKE DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS This Declaration ofProtective Restrictions and Covenants made and entered into this 20th day of. January, 2023, by SML Partners, LLC, a Virginia Limited Liability Company, herein called "Declarant" Whereas, Declarant is the owner of certain real property, together with certain rights and reservations in and to the adjoining shoreland, situated along the waters of Smith Mountain Lake in the Boone Magisterial District, Franklin County, Virginia, hereinafter the "Property", as said Property has been subdivided as shown on plat of survey dated November 7, 2022, by Balzer & Associates, entitled "Brightwater at Smith Mountain Lake, Section !" (hereinafter sometimes referred to as "Subdivision") which plat is of record in the Clerk's Office of the Circuit Court of Franklin County, Virginia in Deed Bookl195, Pageàons 2079 Now, therefore, subject to the foregoing, the Declarant declares that all of the Property described on the Plat shall be held, conveyed, leased, used, encumbered, occupied and improved subject to the following, all of which is declared and agreed to be in furtherance ofa plan for the improvement of the Property and is established and agreed upon for the general purpose of enhancing and protecting the value, desirability and attractiveness of the Property. 1. Permitted Improvements: Only single-family dwellings shall be erected, altered or permitted to remain on any lot, except as otherwise permitted herein. There shall be no mobile home dwelling on any lot. An attached or detached garage must be a minimum two-car garage size. The garage must be compatible by design and appearance with the dwelling. A lot may! have an attached garage and a detached garage. A guest house with a minimum of 800 finished square feet is permitted with the same architectural standards, design and appearance as the dwelling. However, all prior existing structures are "grandfathered in" and exempt from the requirements set forth in this Paragraph. 1.1 The only improvements, other than erosion control structures, which shall be permitted on the Smith Mountain Lake shoreline rights area appurtenant to any lot shall be dock structures which may include one boat house with slips and other appurtenant improvements such as an open deck, screened-in porch, and/or an enclosed room, provided they meet the following criteria; All materials shall be designed to resist rot and the dock shall be constructed in a workmanlike manner. No boathouse or appurtenant improvement shall exceed one story in height and all observation decks shall be open with no roof. All docks must comply with the Shoreline Management Plan (SMP) developed by Appalachian Power Company. 1.2 The minimum setback: restrictions (as set forth on the Plat referenced above) ares as follows: i) thirty feet (30') from the front of the lot; it) twelve feet (12') from the sides ofthe lot; ini) thirty BKI - 95P62087 - feet (30') from the rear of the lot; and, iv) twenty feet (20') from the 800 foot contour line if contiguous to Smith Mountain Lake. 1.3 A dwelling shall not be more than two stories above ground level, excluding a basement (or excluding aj piling foundation when permitted). 1.4 Considering topography and required setbacks, detached and accessory structures shall be located SO as to not unreasonably interfere with the lake sight-lines oft the dwelling or dwelling site on any other lot in the subdivision. 2. Minimum Square Footage of Dwellings: The footprint of a single-family dwelling built on any lot shall be a minimum of nine hundred (900) square feet. The waterfront homes must be a minimum of eighteen hundred (1,800) finished square feet of fully enclosed heated living area. ("Living Area" as used in this instrument excludes basements, seasonal porches, breezeways, garage, decks and the like.) The interior lots shall be a minimum of fourteen hundred (1,400) finished square feet of fully enclosed heated living area. 3. Exterior Structures: All garages and other permanent structures, such as storage rooms, retaining walls, etc., shall be built ofsimilar or complimentary materials. No cinder block, cement, solite block, vinyl siding, T1-11 or asphalt shingle siding and the like shall be permitted for the finished exterior or any structure except for masonry foundations which must be covered with brick or natural or manufactured stone veneer, or sealed, parged and painted to conceal block joints; however, poured foundations with brick simulation shall be acceptable. All sewage must be disposed of in septic tanks meeting local government standards. All fuel tanks over 100 gallons must be buried. All above ground tanks shall be screened from casual observation from other properties. 3.1 All structures erected on any lot within Subdivision shall be constructed primarily of new material. 3.2 Exterior siding, roofs, architectural features and exterior paint or stain shall be white or subdued or earth tone colors so as to blend with the natural environment. For this purpose, brick, natural stone and prefinished logs shall be acceptable without painting or staining. 3.3 Roofing on all buildings shall be either natural slate, wood shake, asphalt or fiberglass shingle, with standing seam coated steel (tin roof), or concrete shingles. The roof ofs any dwelling and any detached garage shall have a minimum 5/12 roof pitch. All dwellings shall include a minimum of three (3) elevations and/or opposing roof lines, at least two of which must be on the front elevation, which may not include aj pediment but may include dormers or an attached garage, each ofwhich must be visually substantial and which may be step down or opposing roof angles, excluding detached garages. The roof pitch of detached garages and accessory buildings must be similar to the dwelling. 2 BK1195P62088 4. Material Deliveries: Prior to the beginning of clearing or construction on a lot, and prior to tbe delivery of materials for such construction, an entrance driveway shall be constructed to afford access to said lot. All materials shall be stored on the lot and not on any street, drainage ditch, road or, highway. Property owners shall be responsible for any damages to roads and ditches caused by them or anyone they hire for building or delivery of materials to their lot. 4.1 AllI construction vehicles and heavy equipment must be parked on the lot and not on the community roadways. Excavation and heavy equipment must be unloaded on the lot and substantial care must be exercised when such equipment is being unloaded adjacent to the surfaced road edge. No such equipment shall be moved using a subdivision road or the ditches or shoulders. 5. Construction Time Frame: Construction of improvements on the lots must be done in a workmanlike manner. There is no timeframe to begin construction; however, once construction has commenced all exterior work shall be completed within twelve (12) months of starting construction. Constriction of guest home may begin prior to main dwelling; however, construction of main dwelling must be started within eighteen (18) months of starting construction on guest home. 6. Allowed Fencing and Shrubbery: No chain link, wire or stockade fences shall be erected on any lot. No fences or plantings exceeding 4' in height are to be placed on any lot that would unreasonably obstruct the view of Smith Mountain Lake from neighboring lots. No invasive species such as kudzu or bamboo shall be allowed. 7. Activities Not Allowed: No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood or injure the value of the neighboring property. Commercial activity, including the use or operation of a convalescent home, nursery, or child care center, is specifically prohibited. A home office or similar activity that does not involve customer visits to the premises shall be allowed. 7.1 No fowl, swine, goats, cattle, or mules shall be allowed or kept on any lot, and no dog or cat kennels, rabbit hutches, or pigeon lofts, temporary or permanent, shall be erected or plaçed. All household pets including dogs and cats shall be inside pets and not left outside overnight and shall not be kept, bred or maintained for any commercial purpose. No outside pet houses shall be permitted. 7.2 One horse or pony shall be allowed per acre of fenced pasture. Any stable erected for the care of said horse(s) must be compatible by design, appearance and color scheme with the dwelling. 7.3 No basement; tent, shack, garage, barn or other outbuilding shall be used or crected for use as a temporary residence on any lot, and no trailer shall be placed on a lot as a temporary or permanent residence. 3 BKI 195P62089 7.4 No bottles, cans, trash, garbage, stumps, waste, refuse, dirt, or any other material of any kind or description shall be thrown or dumped in any ditches or on any lots or roadways. 7.5 All lots shall be maintained sO that junk and debris are not allowed to accumulate. Any vehicle that is not road worthy or does not have displayed a current license plate and current inspection sticker must be stored in a fully enclosed garage. 7.6 No signs may be placed on any lot, unless approved by the Declarant, except a sign displaying the property address or identification, prohibited signage is including but not limited to a sign offering the property for rent or sale. 7.7 Whenever the grass on a lot or adjoining shoreline exceeds twelve inches (12") in height, the Association shall have the option to proceed without notice to cut and/or rake and/or bag the grass and to bill the lot owner for the expense thereof. Bills for such lawn maintenance shall be due and payable upon receipt and such bill shall constitute a lawful assessment against the applicable lot and shall be enforceable as such. 7.8 No dishes over 18" or antennas, only small satellite dishes and small residential wire/tube TV antennas shall be permitted. 7.9 Hunting and/or the repeated or regular discharge of any firearm or weapon (such as for target practice) is strictly prohibited in Subdivision. 7.10 No camping shall be allowed, provided that this prohibition shall not preclude occasional camping up to seven days twice per calendar year by property owners. 7.11 Except as otherwise set forth herein, no lots within Subdivision shall be used except for residential purposes. No commercial or business enterprises shall be allowed on anylot, other than arts, crafts, or professions operated and conducted solely by family members occupying the residence, and only when such product or service is not distributed to customers at the operators' residence or within Subdivision. Anything to the contrary notwithstanding, model homes and sales centers approved by the Declarant are permitted in Subdivision on any lot, which approval the Declarant shall not be obligated to grant. 7.12 All construction sites, driveways and subdivision roads must be kept reasonably clear of mud and construction debris during construction. 7.13 Burning of debris, brush, leaves and other trash shall be done in accordance with State law and in consideration of other lot occupants. All garbage and trash must be regularly removed and stored in covered containers placed where they are not visible to casual observation from Smith Mountain Lake or any roadway or lot. 7.14 Any disturbance, including but not limited to clearing, grubbing, disturbing or redistribution of material within the streams, wetlands or other U.S. Army Corps of Engineers 4 BK 95P62090 jurisdictional waters without prior approval from the Corps of Engineers or Virginia Department ofEnvironmental Quality. 8. Easements: In addition to any easements reserved or shown on the recorded subdivision plat, SML Partners, LLC, and its assigns reserves the right to establish and grant utility easements within an area fifteen feet wide all subdivision roads, and ten feet wide along all property lines other than the shoreline of any lot (the ten foot wide easement on common lot lines shall be centered on the lot line), provided that no easement shall be located sO as to interfere with the location or operation of any drainfield. No compensation shall be required for any easement. 8.1 Except to another lot owner, no owner of any lot in Subdivision shall convey an easement or grant the right of passage or in any way give anyone the right to traverse any lot in said subdivision for the purpose of entering upon the shoreline or waters ofSmith Mountain Lake or to provide access to any other property. Nothing herein shall be construed as prohibiting the granting ofr normal residential utility easements. 8.2 Declarant has granted or will grant to AEP a utility easement to serve lots within Subdivision. In addition Declarant has reserved residential utility easements on the plat which shall be for thc benefit ofDeclarant and lot owners. 8.3 Drainage easements for thc natural flow of surface water and/or for channeled surface water are hereby reserved over all lots where necessary for the fiow of surface water within Subdivision, regardless whether said drainage easements are shown on plat. 8.4 The aforesaid easements on each lot and all improvements thereon shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. 9. Subdivision of Lots: No lot may be subdivided or re-subdivided or easements (other than normal residential utility easements) granted without the express written approval of Declarant, or its suçcessors or assigns provided, however, that Declarant, reserves the right to resubdivide or reconfigure any of its unsold lots, or enlarge by merger or by adding additional land outside of Subdivision to any ofi its unsold lots, or to add additional lots to Subdivision, provided that any such action by Declarant is consistent with the existing caliber of the community and is in accordance with applicable County ordinances. If two or more adjoining lots are acquired by the same owner no part or parts of said lots shall be conveyed by said owner unless each lot being conveyed and each lot being retained is in compliance with all of these restrictions and covenants and approved by appropriate governmental authority. Declarant further reserves the right to create or to grant to others the right to create and otherwise establish a realignment, extension or relocation of any road within. Subdivision to provide access to adjoining or nearby property, provided such action does not reduce the road frontage or boundary line of any lot not owned by Declarant at the time of such action. 5 BKI 195P62091 - 10. Equipment Storage Restrictions: Lawn maintenance equipment or other tools, paraphernalia and the like shall not be stored on any lot unless stored out of sight or in an enclosed garage. Only boats, boat trailers and similar recreational equipment belonging to the lot owner or to a member oft the lot owner's s immediate family may be stored on any lot in accordance with such rules and regulations as the Association may from time to time adopt. No vehicle not licensed to travel on the public highway of the Commonwealth ofVirginia shall be used within Subdivision except electric golf carts or other electric vehicles. 11. Common Area (or future Boat Dock Area): All members of the association shall be entitled to the reasonable use of the common area for recreational purposes, subject to such reasonable rules and regulations as the association or its directors may from time to time adopt. The common area shall be for exclusive use ofthe members ofthe association as herein provided. Such exclusive use ofthe common area is hereby restricted to (1) members ofthe association; (2) bona fide tenants of a dwelling house located on any member's lot; (3) the immediate family of a member of the association (or immediate family of a bona fide tenant); (4) a reasonable number of guest of a member of the association (or a bona fide tenant) when accompanied by the member of the association (or by the bona fide tenant) or accompanied by an immediate family member of the member ofthe association (or by an immediate family member ofthe bona fide tenant). A member ofthe association, and those having the right of use arising from said member, may be denied use of the common area is the member of the association's dues and assessments owed to the association are more than sixty (60) days in arrears. Members of the association and bona fide tenants shall be responsible for any and all of their guests brought onto the common area. 11.1 Those persons entitled to use the common area shall do sO in accordance with such rules and regulations as the Declarant or the Association may from time to time adopt, provided that no rules or regulation shall be adopted that is contrary to the interest of the Declarant or adversely affects the rights reserved by the Declarant. 11.2 No parking, activity or function shall be permitted within the common areas/facilities between 10:30 PM - 6:00 AM. 11.3 The Association shall maintain, at its expense, property, casualty and liability insurance on the common areas/facilities on such terms and with such coverages as are customary for similar common access and recreational facilities. The Association shall also be responsible for any road maintenançe bond premium required by Franklin County until such time as the reserve fund is fully funded. 11.4 Contractors, sub-contractors, laborers, materialmen, and maintenance personnel are not permitted to use the Common Areas for recreational purposes at any time. 12. Brightwater at Smith Mountain Lake Property Owners Association: All Iot owners in the Subdivision shall be required to become members of the Brightwater at Smith Mountain Lake Property Owners Association ("Association"). The Association shall operate in accordance with 6 BKI 195P62092 the Virginia Property Owners Association Act, provided that no dues or assessments or charges of any kind may be levied against or collected from the Declarant or the Declarant's afifiliate entities now or in the future. The amount of said charges shall be determined by the Association after considering the needs for maintenance and repairs and future needs and requirements of the Association, provided that for the year 2023, the annual assessment shall be $1000.00 per lot. Annual dues shall bej payable by calendar year and shall be due and payable on or before February Ist ofeach year. Additionally, unless and until the subdivision's roads have been accepted into the state system by VDOT, at the closing on the initial sale of each lot, the purchaser of that lot will pay to the. Association $1,000.00 to be deposited in the Association's designated road maintenance reserve fund. 12.1 The Association is empowered to assess members, other than the Declarant or thc Declarant's affiliate entities (whether as an original owner or as a subsequent owner) such sums of money as may be necessary to conduct its business, to impose a lien on any lot within Subdivision owned by a member who is delinquent in payment of any such assessment and to enforce such lien, in accordance with the Virginia Property Owners Association Act, without limiting any other rights which it may have. 12.2 The Association shall be responsible for the repair, maintenance and/or replacement of the Entrance Signs, common areas/facilities, including but not limited to all improvements located thereon. The Association shall have the option to cut grass on lots and shoreline as previously provided in paragraph 7.7. 12.3 The failure to inform or exercise any right, restriction, reservation or condition contained in this declaration, however long continued, shall not be deemed to be a waiver ofthe rights to do sO thereafter, and shall not bar or affect its cnforcement. Further, nothing herein is to be construed sO as to prevent Declarant from placing further restrictions or easements on any unsold lots. 12.4 The grantee of any lot subject to the coverage of this declaration, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from Declarant or any subsequent owner of such lot, shall for himself and his successors or assigns, accept such deed or contract upon and shall be subject to each and all ofthese restrictions and the agreements herein contained. A lot owner shall be deemed a member oft the Association by virtuc ofthe ownership of the lot. 12.5 Property owners who are entitled to use the Common area and who are in good standing shall have the right to vote on matters pertinent thereto, one vote to be cast per property. 12.6 Property owners who own two lots are only responsible for one set of property owners' yearly dues. Property owners which own three lots are: responsible for one and a halfset ofproperty owners' yearly dues. 7 BK1195P62093 12.7 Upon the release of any bonds securing their completion, the Association, subject to the rights of the owners set forth in this Declaration, shall be responsible for the taxes, insurance, maintenance, management, operation and control of the common areas, roads, stormwater managemnent areas, storm drainage areas and all other improvements and utility easements thereon to the extent maintained by the Association, and shall keep the same in good, clean and attractive condition, order and repair, 12.8 After initial construction of the roads by the Declarant, the Association shall maintain and be: financially responsible for (including but not limited to, establishing a private road maintenance fund and posting an additional bond with Franklin County) all roads in Brightwater at Smith Mountain Lake Subdivision other than roads both dediçated and accepted into the public road system, including all repair, improvements, snow removal and other work as necessary to properly maintain ther roads in good condition. Cost ofconstruction, maintenance, or upkeep or replacement oft the private roads will not be borne by the County, the Commonwealth ofVirginia, or any other public agency, unless and until said privatc roads are accepted into the state road system. Unless and until roads in the subdivision are accepted into the state system, each year 50% of each property owners' assessment shall be designated for the Association's private road maintenance fund such that the fund is sufficient to meet the 20-year maintenance requirements to maintain the roads up to VDOT standards. For a period oftwenty years, the Developer shall be a joint account holder on the Association's road maintenance reserve fund. 12.9 Unless and until the roads in the subdivision are accepted by VDOT, every five years thercafter the Association will obtain an updated maintenance cost estimate for the following 20 years from a traffic engineer liçensed in Virginia and provide said estimate to the County. The Association is empowered to levy periodic assessments over that twenty-year period, with such assessments to be deposited in a designated road maintenance reserve fund, as will be required in order to adequately fund the estimated road maintenance costs for the latest twenty-year estimate. On an annual basis, within fifteen days of receipt of a written request by the Franklin County Planning Department, the Association shall make available to the Planning Department's representative the Association's maintenance fund records for inspection to confirm that maintenance fees are being assessed and collected. 13. Wetlands, Rivers, Water Bodies and Protected Areas. If wetlands, streams, or buffers existing on a Lot, as more specifically described on a recorded plat, the Owner of such Lot may not install structures of any kind, including but not limited to fences, play structures, and sheds within this area. No clearing, grubbing, disturbing or redistribution of material within the preserved wetland area is permitted. Any violation related to wetlands is the sole responsibility of the Lot Owner. The Lot Owner shall comply with Army Corps of engineers requirements, as promulgated from time to time. 14. Severability: Every one ofthe covenants is hereby declared to beindependent ofand severable from the rest of the covenants and of and from every other one of the covenants and of and from 8 K 195P62094 - every combination ofthe covenants. Therefore, if any oft the covenants shall be held to be invalid or to be unenforceable or to lack the quality ofrunning with the land, that holding shall be without effect on the validity, enforceability or "running" quality of any other one of the covenants. 15. Term: The aforementioned restrictions shall remain covenants that shall run with the land and shall be binding on all parties and all persons claiming under or through them for a period of twenty-five (25), years from the date this declaration is recorded, after which these covenants shall be automatically extended for successive periods ofTen (10) years unless an instrument is signed by the then owners of two-thirds (2/3) of the lots within Subdivision and recorded in the Clerk's Office ofthe Circuit Court ofl Franklin County, Virginia, changing these covenants in whole or in part, provided, however, no right, privilege or reservation in favor of Declarant may be changed without the written consent ofDeclarant. 16. Waiver or Modification: Any ofthe foregoing covenants, conditions and restrictions may be waived, modified or relcased by written instrument executed by Declarant, or by its duly authorized representative, and by the owner ofthel lot or lots as to which the covenants, conditions and restrictions are waived, modified or released and by the owners of the lots immediately abutting said lot or lots; but no such waiver, modification or release shall affect any other covenants, conditions or restrictions which may adversely affect the lot or lots. 17. Amendment: At any time during the period of the 25 years from the date this declaration is recorded, the then recorded owners of 2/3 of the lots within Subdivison shall have the power to amend these covenants (except that any right, privilege or reservation in favor of Declarant is excluded) in any way by duly recorded instrument in writing. Provided, however, Declarant for so long as or whenever iti is the owner of anyl lot within Subdivision, further reserves the right to grant by appropriate written instrument, exceptions to the restrictive covenants herein contained when the soils, size, shape or topography of any particular lot indicates the need thereof, and to veto any amendment hereto by said lot owners as set forth hereinabove. Notwithstanding any other provision contained herein, Declarant further reserves the right to amend, modify, revoke, alter, expand and update the contents of these restrictions and covenants, or to add any real estate to the scope of this Declaration, or amendments thereto, without the permission of any party as long as it owns any Lot. 18. Enforcement: The Association and/or any owner of a lot in Subdivision shall have the right to prosecute any proceedings at law or in equity against any person, firm, or corporation violating or attempting to violate any restrictions herein contained for the purpose of such proceedings or preventing such violation or recovering damages for such violation.The: failyre ofthe Association, or an owner ofal lot to bring any such proceedings shall not be considered as a waiver ofs any rights at law or in equity that any such party may have for past or future violation of any restriction herein contained. e BK, - 195P62095 19. Action Taken by Agent: Any action taken by the duly authorized agent, representative or assignee of Declarant with respect to the foregoing covenants, conditions and restrictions shall have the same effect as if taken by Declarant. 20. Short Term/Long T'erm Rentals. Short term/long term rentals of homes in Brightwater at Smith Mountain Lake are expressly permitted subject to the lot owner complying with local rules and regulations. 21. Ordinances: All covenants, conditions and restrictions and permitted uses hereunder are subject to such further more restrictive lawful limitations as may be imposed by Franklin County Ordinance. 22. Purchasers' Acceptance: The purchaser of any lot within Subdivision agrees to keep, observe, comply with and perform all covenants contained in this declaration. This acceptance applies to the purchaser, his heirs, personal representatives, suçcessors and assigns. 23. Captions: The captions preceding the various paragraphs and sub-paragraphs of these covenants are for convenience of reference only and none of them shall be used as an aid to the construction of any provision of the covenants. Wherever and whenever applicable, the singular form of any word shall be taken to mean or apply to the plural and the masculine form shall be taken to mean or apply to the feminine or to the neuter. IN WITNESS WHEREOF, SML Partners, LLC has caused the foregoing Covenants, Conditions and Restrictions to. be executed in its name this day ofJanany 2023. SML Partners, LLC By: son C. Shott, Manager STATE OF North Careling COUNTY/CITY OF. Tredell to-wit: The foregoing instrument was acknowledged before me this 20day oflanuany 2023 2023, by Jason C. Shott, Manager ofSML Partners, LLC, a Virginia Limited Liability Company, on behalfofsaid company. My commission expires: 6-21. 2024 OFFICIAL: SEAL Nolary Public, North Carolina Biarla County ofl Iredell NNOTARY PUBLIC JUANITAW PADGETT Ny Commission Expires. 6-87-2024 INSTRUMENT # A30000922 RECORDEDI IN THE CLERK'S OFFICE OF FRANKLIN COUNTY ON kebrincy 33, 2023 AT, :390m 10 TERESAJ. ROWN, CLERK BY: onia ahmlaat (DC) urg Cave Spririg Union Hall Gretna Ferrum Chatham Bass ett Tax Map #: 0020000100 SPEC-02-25-18212 Subject Property Location SML Partners, LLC 1.5 Date: 2/24/2025 Miles 0020103500 0020102800 002010410940 0020104200 bsocappdooiaza osidalogboss 0020102700 A-0020104000. 0020103 Soo 2 0020103900 0020110500 0020106800 - 0020106500 0020103000 0020110600 0020103200 PEARS 0020106900 0020103100 0020110700 0020110400 D0 SBUE A 0020107000 0020107100 00201072001 0020107300 0020000103 / 0020000100 0020000200 20000201 0020000802 0020000300 0020000800 0020000700 020000400 - 002 20000301 5 5 & C 0040000400 0020000801 0020000500 0020000502- Legend Tax Map #: 0020000100 SPEC-02-25-18212 Tax Parcels 2020 Pictometry Imagery SML Partners, LLC Road Centerlines 275 550 1,100 Ft Date: 2/24/2025 - A FPORICN 0020000103 / 0020000200 002000020 0020000802: 0020000300 0020000800 0020000700 0020000400 o 0020000301 & b a - 0040000400 0020000801 0020000500/ 0020000582 Subject Parcel Tax Map #: 0020000100 A1 Agricultural SPEC-02-25-18212 RPD Residential Planned Unit Development Tax Parcels SML Partners, LLC Lakes 137.5 275 550 825 1,100 Date: 2/24/2025 Ft 0020802900 PRIVATE) & 0020008000 0020190600 / PEAS e 0020190700 A AEMEURIN G / RO 0020000100 0020000200 0020000802 0020000300 0020000800 00200 U a - GDADDODOOD 0020000500 Tax Map #: 0020000100 Tax Parcels Road Centerlines SPEC-02-25-18212 Low Density Residential SML Partners, LLC 275 550 1,100 Ft Date: 2/24/2025 THIRD AMENDMENT TO DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS FOR BRIGHTWATER AT SMITH MOUNTAIN LAKE SUBDIVISION THIS THIRD AMENDMENT TO THE DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS FOR BRIGHTWATER AT SMITH MOUNTAIN LAKE SUBDIVISION "Declaration"), made and entered this day of 2025, by and between SML PARTNERS, LLC (hereinafter referred to as the "Declarant" and/or Developer"). R E C I T A L S: 1. WHEREAS, the Declarant herein is the declarant in the Brightwater at Smith Mountain Lake Declaration of Protective Restrictions and Covenants (the "Declaration") dated January 20, 2023, and of record in the Clerk's Office of the Circuit Court of Franklin County, Virginia, in Deed Book 1195, at Page 2086 and the First Amendment to the Declaration dated July 24, 2023 and recorded in the Clerk's Office of the Circuit Court of Franklin County, Virginia, in Deed Book 1195, at Page 2086, and the Second Amendment to the Declaration dated September 7, 2023 and recorded in the Clerk's Office of the Circuit Court of Franklin County, Virginia, in Deed Book 1203, at Page 2219. 2. WHEREAS, Paragraph 17 of the original Declaration, the Declarant reserved the right to amend, modify, revoke, alter, expand, and update the contents of this Declaration or to add any real estate to the scope of this Declaration, or amendments thereto, as long as it owns any Lot. 3. WHEREAS, the Declarant wishes to amend and modify the contents of this Declaration to expand the Subdivision for the inclusion of the property known as "Brightwater of Smith Mountain Lake Section 3", which lots and property can be more particularly shown and described on plat of survey dated 2025, which is recorded in the Clerk's Office of the Circuit Court of Franklin County, Virginia, in Deed Book - at Page 4. WHEREAS, the purpose of this Third Amendment is to provide for the expansion of the Subdivision and incorporate Brightwater at Smith Mountain Lake Section 3, subjecting and reserving the right to subject such expansion into the Declaration, and any amendments thereto. ACCORDINGLY, W I T N E S S T H: NOW THEREFORE, the Declarant does hereby amend the Declaration and provide that this amendment be read and made a part of the Declaration as set forth in the Original Declaration recorded in Deed Book 1195, at Page 2086, First Amendment recorded in Deed Book 1201, at page 2734, and the Second Amendment recorded in Deed Book 1203, at Page 2219 as follows: (1) The Declarant hereby amends the original Declaration as recorded in Deed Book 1195, at Page 2086, and as Amended for the expansion of Section 2 as recorded in Deed Book 1203, at Page 2219, to include the property known as "Brightwater at Smith Mountain Lake Section 3", which lots and property can be more particularly shown on plat of survey prepared by Balzer & Associates, dated and recorded in the Clerk's Office of the Circuit Court of Franklin County, Virginia, in Deed Book at Page Further, Declarant hereby imposes that Section 3 be subject to the amended changes stated herein below and subject to the original Brightwater at Smith Mountain Lake Declaration of Protective Restrictions and Covenants recorded in Deed Book 1195, at Page 2086, First Amendment recorded in Deed Book 1201, at Page 2734, and Second Amendment recorded in Deed Book 1203, at Page 2219. (2) Section 12 of the First Amendment is hereby deleted in its entirety and is hereby replaced with the following (Note: remaining subsections 12.1 through 12.9 remains in full force and effect) : 12. Brightwater at Smith Mountain Lake Property Owners Association: All lot owners in the Subdivision shall be required to become members of the Brightwater at Smith Mountain Lake Property Owners Association "Association"). The Association shall operate in accordance with the Virginia Property Owners Association Act, provided that no dues or assessments or charges of any kind may be levied against or collected from the Declarant or the Declarant's affiliate entities now or in the future. The amount of said charges shall be determined by the Association after considering the needs for maintenance and repairs and future needs and requirements of the Association, provided that for the year 2025, the annual assessment shall be the following, to-wit: $1,250.00, per lot, in Brightwater Section 1 $1,250.00, per lot, in Brightwater Section 2 $1,500.00, per lot, in Brightwater Section 3 Except as herein amended, the Declaration of Protective Restrictions and Covenants for Brightwater Smith Mountain Lake as recorded in the Clerk's Office of the Circuit Court of Franklin County, Virginia, in Deed Book 1195, at Page 2086, First Amendment recorded in Deed book 1201, at Page 2734, and Second Amendment recorded in 1203, at Page 2219 shall remain unchanged and in full force and effect. Witness the following signature and seal. SML PARTNERS, LLC (SEAL) BY: JASON C. SHOTT, MANAGER STATE OF AT LARGE CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this the day of 2025, by Jason C. Shott, its Manager of SML Partners, LLC. My commission expires: NOTARY PUBLIC - 14 THE FOLLOWING TERMS ARE UP FOR APPOINTMENT/RE-APPOINTMENT TERM COMMITTEE NAME DISTRICT TERM EXPIRES STEP VACANT BOS member or Rep No Limit COMMUNITY POLICY & MANAGEMENT TEAM (CPMT) Taylor Kyle Citizen Private Provider 2-Year 6/30/2025 COMMUNITY POLICY & MANAGEMENT TEAM Citizen Parent (CPMT) Dlane Lovell Representative 2-Year 6/30/2025 Law Enforcement DAN RIVER ASAP Li. Justin D.1 Hylton member 3-Year 6/30/2025 LIBRARYI BOARD Willam Mitchell Snow Creek 4-Year 6/30/2025 LIBRARY BOARD Ruth Cook Rocky Mount 4-Year 6/30/2025 LIBRARY BOARD Shawn Davis Unlon Hall 4-Year 6/30/2025 PIEDMONT COMMUNITY: SERVICES Justin Sigmon Rep. 3-Year 6/30/2025 PIEDMONT COMMUNITY: SERVICES Bettye Buckingham Citizen Appt. 3-Year 6/30/2025 PIEDMONT COMMUNITY: SERVICES Caressa Morgan Citizen Appt 6/30/2025 RECREATION COMMISSION AII Flora Blackwater 3-Year 6/30/2025 RECREATION COMMISSION Jessica Gawor Atl Large 3-Year 6/30/2025 RECREATION COMMISSION Reba Dillon At Large 3-Year 6/30/2025 RECREATION COMMISSION Joshua Gibson AtI Large 3-Year 6/30/2025 RO. VALLEY. ALLEGHANY! REGIONAL COMMISSION Steve Sandy Citizen/Staff Rep 3-Year 6/30/2025 RO. VALLEY ALLEGHANY REGIONAL COMMISSION Lorie Smith BOS Rep 3-Xear 6/30/2025 RO. VALLEY ALLEGHANY REGIONAL COMMISSION Mike Carter BOS Rep 3-Year 6/30/2025 SOCIAL SERVICES BOARD Leslie Holden Blue Ridge 4-Year 6/30/2025 SOCIAL SERVICES BOARD B. W. Wright Blackwater 4-Year 6/30/2025 SOCIAL SERVICES BOARD Barry Ferguson Boone 4-Year 6/30/2025 AGING SERVICES Benny Russell Boone 4-Year 7/1/2025 AGING SERVICES John L. Smith Rocky Mount 4-Vear 7/1/2025 AGING SERVICES Vivian Washburn Doyl le Snow Creek 4-Year 7/1/2025 AGING SERVICES Pauline Nickelston AT LARGE MEMBER 4-Year 7/1/2025 AGING SERVICES Linda C. Handy ATI LARGE MEMBER 4-Year 7/1/2025 - 15 EXECUTIVE SUMMARY UPDATE April 15, 2025 Meeting Date Attached is a copy of the previous Executive Summary and corresponding attachments relating to Mr. and Mrs. Stephen and Ashley Edmondson's Outdoor Occasion Racetrack Permit Application. At the March 18, 2025 meeting, it was decided to table this issue until after a public hearing could be held to consider an amendment of Section 13-29, of the Franklin County Code (Prohibited Acts), governing raceways, to allow the Board the discretion to grant an exception to the prohibited hours of operation outlined in Section 13-29.1. The Public Hearing is scheduled for April 15, 2025 at 6 PM. UPDATED POSSIBLE BOARD ACTION/FOLLOWING HEARING): MOTION TO APPROVE: I make a motion to authorize the County Administrator to approve the 2025 Outdoor Occasion Racetrack Permit Application submitted by Mr. and Mrs. Edmondson. further find that a 10:00 AM start time on Sunday, July 13, 2025, for the race at issue will not have any significant impact upon the safety, health and welfare ofi the county and its inhabitants and, thereby, under newly amended Code Section 13-29, Prohibited Acts, grant an exception to the prohibited hours of operation outlined therein to allow a start time of 10 AM on Sunday, July 13, 2025. MOTION TO TABLE: make a motion to table the 2025 Outdoor Occasion Racetrack Permit Application submitted by Mr. and Mrs. Edmondson until additional information is received. MOTION TO DENY: Imake a motion to deny the 2025 Outdoor Occasion Racetrack PermitApplication submitted by Mr. and Mrs. Edmondson. 6 Franklin County A Nitinlkening) fr Opportmty EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: March 18, 2025 Outdoor Occasion Racetrack Permit Application Stephen and Ashley Edmondson CONSENT AGENDA: Yes BOARD ACTION: Yes SUBMECIEROPOALREQUET: INFORMATION: No Approval of 2025 Outdoor Occasion Racetrack ATTACHMENTS: Yes Permit for Bike Event at Stephen and Ashley Edmondson's Property on Highland Farm Road STAFF CONTACTIS): STRATEGIC PLAN FOCUS AREA: Amy Renick R Dynamic Community Safety REVIEWED BY: Strategic Economic Development Christopher L. Whitlow, County Administrater Enhanced Educational Opportunities Responsible Government Operations Conserve & Promote Natural Assets Well Planned Growth BACKGROUND: Mr. and Mrs. Stephen and Ashley Edmondson are requesting approval of their Outdoor Occasion Racetrack Permit Application to host a two-day motorcross event as part of the Virginia Championship Hare Scramble Association on their property located on Highland Farm Road in Callaway. They have labeled their event "Highland Farm Harescramble." A copy of the 2025 Race Schedule from the VCHSS Facebook page referencing the July 12-13, 2025 race event at Highland Farm (the Edmondson's property) is attached for your reference. DISCUSSION: Section 13-29.1 of the Franklin County Code requires that an application for an outdoor occasion permit be submitted at least sixty (60) days prior to the first event. This event is scheduled for July 12-13, 2025, sO Mr. and Mrs. Edmondson have satisfied this requirement. Section 13-29.2 outlines the additional application requirements to include receipt of approvals from all pertinent County departments and the Franklin County Health Department within the application for the permit. The Edmondsons have submitted a completed application with all required signatures and have remitted the $100 requisite application fee called for under Sec. 13- 29.4 of the County Code. Since this is a two-day event with some people traveling to attend, the Edmondsons intend to allow primitive camping on their property in conjunction with this event. Per their application, Tidy Service will provide port-a-johns. Public Safety has confirmed that Callaway Rescue Squad will be on site with an ambulance for the duration of the event. The applicant has advised that the race event times are scheduled for Saturday, July 12th from 1- 61 PM and on Sunday from 10 AM - 3 PM. The current Franklin County Code governing racetracks (Section 13-29: Prohibited Acts) deems it unlawful to operate before 1 PM on Sundays. The time of the Sunday race event will need to be amended to comply with the current Code. Finally, attached for your reference is the information card for the Edmondson's property in addition to a GIS printout showing any neighboring properties. Mr. and Mrs. Edmondson have included with their application a map outlining the designated parking areas for their event. As to insurance, the applicant has advised that the VCHSS is responsible for providing any insurançe requirements. RECOMMENDATION: Staff respectfully recommend that the Board authorize the County Administrator to approve the 2025 Outdoor Occasion Permit Application submitted by Mr. and Mrs. Edmondson provided the operation does not begin before 1 PM on Sunday and is in conformance with all other requirements of the County Code. POSSIBLE BOARD ACTIONS: MOTION to APPROVE: I make a motion to authorize the County Administrator to approve the 2025 Outdoor Occasion Racetrack Permit Application submitted by Mr. and Mrs. Stephen and Ashley Edmondson provided the operation does not begin before 1 PM on Sunday and is in conformance with all other requirements of the County Code. MOTION to TABLE: - - make a motion to table the 2025 Outdoor Occasion Racetrack Permit Application submitted by Mr. and Mrs. Edmondson until additional information is received. MOTION to DENY: I make a motion to deny the 2025 Outdoor Occasion Raçetrack Permit Application submitted by Mr. and Mrs. Edmondson. - Franklin County A Natural Settengfor Opportunity APPLIÇATION FOR OUTDOOR OCCASION PERMIT Application must be completed and submitted to the County Administrator's Office, 1255 Franklin Street, Suite 112, Rocky Mount, VA 24151 along with the application fee of $100, at least sixty (60) days before the first event. Name of Applicant Ashley $ Slephen EOmondsos H85 Highlard Farm Rd Mailing Address Callawey VA 24ob Email Address bdmenksonti@ehn. Con Telephone Number $40-4B4.3037 Stephen Cell Phone Number 540 420-7315 Ashle4 Name of Event Highlard Farm Haresoramble Name of Promoter Slepher 4 Ashle Eamondson (VCHSS I685 Highlard Farm 2d Mailing Address Callaun VA 24060 Telephone Number 540 484-3037 Stephen Cell Phone Number 540 - 420 13is Ashley Please describe the exact location of the proposed event(s): Tax Map Number(s) 0740004400 Parcel Location Highland Farm Rd Please list the name(s) and address(es) of the property owner(s) on which the event is to be held. (Use a separate sheet if required). Name Address Slephec Ashly Elmnion IBS Hgpland Fam Rà Callculy VA 24b67 Page 1 of 4 Rev. Jan 2023 Please list the dates for which the permit is to be issued. July 12,13 2625 Please describe in detall, the nature of your event, anticipated attendance, and anticipated number of actual participants. Dirtbike Harz Scramble 2 400 peqple 20 pahcipants Please outline your plans for the provision of adequate sanitation facilities and sewage disposal methods. Section 13-29.2(2) Primbye Camping Tidy Serrices wall prunde Pos a johns (5H0-345-0108) Ti4 Sevnta will be Gvailoble duins eNEMI SE nuded APPROVED 727-75 Franklin County Health Department Date Please describe your plan for adequate disposal of solid waste. Section 13-29.2(3) Tvash Cans will be Ooalabk fur us to Colk 3 VChac at erd of euent. Ad hal 7o landhdd APPROVED EW 2-27-2025 Franklin County Public Works Director Date Please describe your plan for adequate security personnel as defined in Sections 13-27 and 13-29.2 (4) of the Franklin County Code including how many security personnel will be present for each event as a minimum plus plans in place for higher than expected crowds. (Use a separate sheet If required). will Call Franklin Counky Shenfh daparment IF G Situlhin OCCurs. Rev. Jan 2023 Page 2 of 4 Name of Security Firm NIA VA Department of Commerce License Number NIA Will the Guards be Armed? N/A a APPROVED 3/4125 Franklin County Sheriff Date Please describe a plan for adequate parking facilities and traffic control in and around the event area. Section 13-29.2 (6). Parfirs will be 1n Cif feld APPROVED 3/4125 Franklin County Sheriff Date Please describe any outdoor lighting to be used, what steps will be taken to prevent unreasonable glow or glare onto adjoining property, and acknowledgement that the lighting complies with the National Electrical Code Requirements. Section 13-29.2 (5) NO Outdco lighbns will be uscd % APPROVED hh 2/27/25 franklin Coynty Building Official Date Notification of an emergency action plan has been submitted and approved by Public Safety Director/his or her designee for sald event. Section 13-29.2 (7) Medical Facilities & Services: Callaway Volwulww Kusuu Squd Fire Protection: 911 APPROVED Franklin County Director of Public Safety Date All food vendors for this event MUST REGISTEB with the Commissioner of Revenue for the collection of determined meals tax prior to the first day of said event. Section 13-29.2 (8) For more information visit mainNisssOAMENSAPSMANOEIRNE APPROVED Oharcarehy S. Vohenre) Mhorchs 3635 Franklin County Commissioner of the Revenue Date Rev. Jan 2023 Page 3 of 4 Ihereby understand that it is unlawful to: 1) Operate between the hours 12:00 midnight and 9:00 a.m. and before 1:00 p.m. on Sundays. Salurduy roopm -lDpn Sunday, IOam - 300pm 2) Run practices more than two (2) days per week or operate during more than two (2) consecutive days regardless of whether it is in the same week and hours of practice shall be limited to a total of (6) hours which shall be six (6) consecutive hours on each of the two (2) practice days set out above, with the exception that when traveling racing associations are scheduled for a Saturday race, practice shall be limited to two (2) days in the preceding Monday - Friday time period. Such practice will be limited to six (6) hours daily. In the event that a "special event" race is rained out, such race may be held on Sunday. This rain out provision is limited to two (2) races per season. 3) Operate without the permit as outlined in this article. Receive a permit for or operate a raceway in any fashion that does not have a fence or other barrier sufficient to prevent vehicular access of any nature to the tract area. 5) Operate after having been notified that any of the provisions required by the application requirements of section 13-29.2 are no longer in compliance according to the approving authority. - hereby grant permission for the Board of Supervisors, its lawful agents and its duly constituted law enforcement officers to enter the property at any time for the purposes of determining compliance with the provisions of the Franklin County Code. I recognize that the Board of Supervisors of Franklin County shall have the right to revoke any permit issued under this ordinance for failure to comply with any of its provisions or conditions. I also have read Section 13-29.5 that grants authority to the County Administrator to revoke any permit issued under this ordinance for up to 30 days for any violation. 2 27/25 Applicant Signature Date OFFICE USE ONLY Application must be submitted 60dayspriort toi first date of the event for board approval. Failure to comply will result in doubling of application fee to $200/Code Section 13-29. DATE APPLICATION DATE FORWARDED RECEIVED TO THE BOARD Pursuant to Chapter 13, Article 2, Section 13-29.1 of the Code of Franklin County, and the representations, terms, and conditions set forth in the above application an outdoor occasion permit Is ISSUED is DENIED for the operation of a racetrack as described in said application. County Administrator Date Page 4 of 4 Rev. Jan 2023 Name d Becurty Flm NA VA Doparments o Oommerce Voensel Number N A WI the Quands be Amed? N/A APPROVED Frukfin Couty Shetf pato Pleese describe a plan for edequate perldng feoilities and traffic contol In end around the ovent area Seotion 18-208(0) pailrs wili h 1n aifcld APPROVED Fronidin County Shrttt Dita Ploase) desoribe any outdoor fghting to be used, what stope wiw be taloon to unressoneble slow glare onto edjoining and eckmowedpment that the with E complloe the Eleotrioal Code Section 1528200) ND outdos lighhns will be usd APPROVED 2/zrl25 Viranidin Cavri Bulding Olficlal Dite Notifioation of an emergenoy action plen has been submitted and approved by Publle Sifety Directorhis or her deslgnee for sald ovent. Soction 18-2820) edeal Faclites a Bervloeas Colleay Voluraow Lisu Saued a Fire Protection: 9I APPROVED 325 TAn Coumrpircteto o TRubilo Fity pital AR food vendors forthlo overt 13 With the Commisloner at for collection. of detemin . moile t prioro to that firet day at cald cvents on Rivenue 19202 (8) the) Fori more Infonmatlon vialt Mi. - ah 0. It. APPROVED Frienkin County. Commlssloner ot the Ranvonuo Date Ts Rev. Jeni a02s Pos Sent from YahooN Mailf Lfori iPhone Track - Payking Command Cenier Ambulepia parling 168 & 7 720 FM.BD - 730 2180 1059 a 2025 RACE SCHEDULE 1 1. MARCH 15TH/16TH : JOE LLOYD MEMORIAL ARRINGTON, VA. 2. APRIL 5TH/6TH - APRIL FOOLS ARRINGTON. VA: 3. MAY 3RD/4TH - BLUE RIDGE MARTINSVILLE VA. 4. MAY 17TH/18TH - RIVERS EDGE SANOY LEVEL. VA. 5. JUNE 1ST . PENINSULA QIWC FAIRGROUNDS WINDSOR. VA. 6. JUNE 4TH/15TH - HILLBILLY OREDMAN'S FARM BURLINGTON: WV. 7. JULY 12TH/13TH - HIGHLAND FARM CALLAWAY, VA. 8. AUGUST 16TH/17TH - KAIROS GLEN LYN. VA. 9. AUGUST 30TH/31ST - COYOTE RUN RURAL RETREAT. VA. 10. SEPTEMBER 14TH - PIPSICO SPRING GROVE. VA. 11. SEPTEMBER 27TH/28TH - RAITLESNAKE RURAL RETREAT. VA. 12. OCTOBER 11TH/12TH - LAKE SUGAR TREE AXTON. VA. 13. OCTOBER 25TH/26TH - OON WISE MEMORIAL ARRINGTON. VA www.vehss.org - 1 - % e $ $ B - % 3 a & A e a 8 6 & e - C d I -