Tazewell County Planning Commission approves multiple E&S plans, a subdivision and waives some fees; denies one fee waiver

Assistant Chair Robert "Bob" Moss called the Tazewell County Planning Commission to order on May 12, 2022, at approximately 6:30 p.m. at the Tazewell County Administration Building. The four members present voted unanimously on a slate of land-use items, with Chair Ann Robinson and members Eddie Pauley and Charlie Hart recorded absent.

The most consequential actions were approvals of four erosion-and-sediment (E&S) control plans affecting housing, infrastructure, habitat restoration and accessible trails. Jim Ribble of Alpha Land Surveyors presented the Cottages at Prater project on Prater Hollow Road near Brushfork; Director of County Engineering Kenneth Dunford Jr. recommended approval contingent on submission of the required stormwater permit, bond and permit fees. The commission approved that contingency plan 4-0.

Tim Mullins of Thompson & Litton described a Town of Tazewell water-line replacement along Fincastle Turnpike that will replace about 20,600 feet of pipe using the town's crews. Dunford recommended approval and asked the commission to waive permit and bond fees for the government entity; the commission approved the plan and waived the fees 4-0.

Mike Rogers of 3B Consulting presented a stream restoration plan for a section of Route 637 (Dryfork Road) in North Tazewell intended to improve aquatic habitat and channel function; Rogers said applications had been submitted to the Virginia Department of Environmental Quality (DEQ). Dunford recommended conditional approval pending required stormwater and permitting submissions; the commission approved the contingency 4-0.

The commission also approved an E&S plan for the Cavitts Creek Trail Project at Lake Witten. Dunford said the county had received a grant to develop handicap-accessible trail segments and that a public hearing is scheduled before the Board of Supervisors in June 2022; the commission approved the plan and waived the permit and bond fees for the project 4-0.

On subdivision business, Alpha Land Surveyors presented a request from Mr. Cruey to create a corner lot of approximately 1.015 acres fronting Fill Street from an existing lot. Dunford said water and sewage disposal are available and recommended approval contingent on the $106 subdivision fee. The commission approved the subdivision 4-0; the record shows the fee was paid on May 24, 2022.

A separate waiver request from Ms. McReynolds seeking relief from a $106 subdivision fee was denied by a 4-0 vote; the record notes the fee was subsequently paid on May 27, 2022. A petition to vacate a portion of Tanglewood Drive brought by Pam Wimmer (to convey parts to adjacent owners including Christine Smothers and a Mr. Nipper) was not acted on. Dunford advised the petitioner to await the outcome of pending litigation and to submit a plat, notification to affected parties and the litigation result before the commission can reconsider.

The commission recorded no citizen comments and no subcommittee or engineering director reports at the meeting. Member Maggie Asbury noted local events including Kids Fishing Day and the Exhibition Mine opening on May 26, 2022. The commission adjourned at about 7:35 p.m.; the next regular meeting was set for June 9, 2022 at 6:30 p.m.

Votes at a glance - Approval, E&S Plan: Cottages at Prater — motion by Member Jason Herndon, seconded by Member Darrell Addison; tally 4 yes, 0 no; outcome: approved (contingent on stormwater permit, bond, permit fees). - Approval, E&S Plan: Town of Tazewell water-line replacement (approx. 20,600 ft) — motion by Member Jason Herndon, seconded by Member Darrell Addison; tally 4 yes, 0 no; outcome: approved; permit and bond fees waived for government entity. - Approval, E&S Plan: Stream restoration (Dryfork Rd) — motion by Member Darrell Addison, seconded by Member Jason Herndon; tally 4 yes, 0 no; outcome: approved (contingent on stormwater permit, bond, permit fees). - Approval, E&S Plan: Cavitts Creek Trail Project (Lake Witten) — motion by Member Darrell Addison, seconded by Member Jason Herndon; tally 4 yes, 0 no; outcome: approved; permit and bond fees waived. - Approval, Cruey Subdivision (1.015-acre corner lot) — motion by Member Jason Herndon, seconded by Member Darrell Addison; tally 4 yes, 0 no; outcome: approved (contingent on $106 fee; paid 5/24/2022). - Denial, fee waiver request (Ms. McReynolds) — motion by Member Darrell Addison, seconded by Member Jason Herndon; tally 4 yes, 0 no; outcome: waiver denied (fee paid 5/27/2022).

Who said what - Kenneth Dunford Jr., Director of County Engineering, recommended approval for multiple E&S plans and advised conditions (stormwater permits, bonds, fees) where applicable and requested fee waivers for county/grant-funded projects and the Town of Tazewell water-line replacement. - Presenters included Jim Ribble (Alpha Land Surveyors), Tim Mullins (Thompson & Litton) and Mike Rogers (3B Consulting). Pam Wimmer and Christine Smothers appeared regarding the Tanglewood Drive vacation petition but were told to return with a plat, notice to affected parties and the litigation outcome before action could be taken.

Context and next steps Several approvals were contingent on receipt of required stormwater permits, bonds and fees or on subsequent Board of Supervisors hearings (trail grant/public hearing). Projects that received fee waivers were government or grant-funded (Town of Tazewell water-line replacement; Cavitts Creek trail grant project). The Planning Commission will next meet June 9, 2022.