A drawing of the proposed Kingsmill Resort Riverwalk submitted to VMRC.
Xanterra-owned Kingsmill Resort is two steps closer to gaining approval to construct a riverwalk for resort guests and club members along the James River, which also includes a boardwalk and pier.
On Wednesday night, the Chesapeake Bay and Wetlands Boards met to review Xanterra’s proposal in order to issue a wetlands permit and Chesapeake Bay Act exception. Both pieces were needed to construct the riverwalk, but Xanterra will also need a permit from the Virginia Marine Resources Commission, which has not yet been granted.
The Chesapeake Bay and Wetlands Boards comprise the same members, but are two separate boards that look at different areas: the Wetlands Board examines the wetlands — the area between the river and land. The Chesapeake Bay Board looks at the land, the resource protection area surrounding the river.
At Wednesday’s meeting, more than 30 people turned out to watch the meeting so the boards held a concurrent review and public hearing, but delineated between issues when necessary: If something affected the wetlands, the Wetlands Board Chair would take the reins on discussion.
Ultimately, both boards voted 3-2 to grant the necessary approvals with the same two members opposed each time: Louis Bott and John Hughes.
Before voting, the boards listened to a staff report, a report from Timmons Group on behalf of Xanterra, and public comments during a public hearing. The board commented and asked questions on various things heard during presentations before voting.
Leading the presentations was James City County Senior Watershed Planner Michael Woolson, who explained the details of the proposed project and referenced comments made in a Virginia Institute of Marine Sciences report to the VMRC.
VIMS’ comments dealt with the proposed use of the riverwalk, which includes golf carts, saying the use isn’t passive and only passive uses are allowed within the 100-foot land area surrounding the river. Additionally, VIMS viewed the amount of pavement as excessive and found the boardwalk to be unnecessary because it was not water-dependent.
Focusing on the proposed golf cart use, Woolson said staff cannot permit the project because of the non-passive use. Additionally, because the riverwalk, boardwalk and pier would only be open to resort guests and paid club members, the project is considered to be commercial. Those two things pushed the decision before the boards.
Staff did recommend both boards approve the plans, with conditions specified. Combining the decisions for both boards, the conditions for approval are:
- Xanterra will obtain all necessary federal, state and local permits for the project;
- A pre-construction meeting with county staff must be held;
- No woody vegetation can be removed without prior authorization from the county;
- The county has the right to require additional erosion and sediment control measures;
- The permits issued both expire Nov. 13, 2014; if Xanterra seeks an extension, the request must be submitted in writing no less than six weeks prior to the permits’ expiration date;
- The site plan submitted for the project be fully implemented;
- A $50,000 surety be given to the county attorney’s office to guarantee replanting.
Timmons Group’s Chris Dodson gave a presentation on behalf of Xanterra, prefacing the presentation by saying one key piece Xanterra wants included in the project is for the riverwalk and boardwalk to be compliant with the Americans with Disabilities Act. As proposed, the entire project is ADA-compliant with the exception of a set of stairs located at one end of the proposed riverwalk.
Overall, the proposed on-land riverwalk would be about 1,900 feet long and would be about 10 feet wide with a 2-foot shoulder on each side and a drainage swale between the walkway and the river. The boardwalk is proposed to be 650 feet long and 12 feet wide, with two 700-square-foot gazeboes. The proposed pier is 90 feet long and 6 feet wide with a 60-foot T section at the end and one 700-square-foot gazebo. Both the pier and boardwalk would be about 8 feet above the water at high tide and would provide ADA access to the waterfront.
The pier would be accessible to pedestrians and wheelchairs, while the boardwalk would be accessible to pedestrians, joggers, bikers, carts and wheelchairs.
In order to offset the pavement for the proposed riverwalk, which would mainly require an invasive grass be removed, Xanterra proposes to plant almost 2 acres with more than 700 plants.
Board member David Gussman questioned the use of pavement for the riverwalk versus a material that would allow water to drain through, such as pavers or mulch. Because of the ADA regulations, the paver and gravel option isn’t possible. Also, the area where the riverwalk is proposed to be built is compacted clay and does not facilitate water drainage; additional measures would have to be taken to make using pavers an option.
Dodson said the plan to use a swale to filter stormwater includes planting grasses inside the swale to filter the water as it runs through. Essentially, the swale will offer more sediment control than what currently exists, because there is no current sediment control.
During the boards’ joint public hearing, Kingsmill resident Michael McGurk gave a presentation showing the existing views from the Colonial Parkway, as well as an aerial view of the James River showing only the piers and marina at Kingsmill jutting into the river. There are no other piers or boardwalks in the area surrounding this proposed boardwalk and pier.
Quoting Star Trek’s Spock in his presentation, McGurk said “The needs of the many outweigh the needs of the few.”
The proposed riverwalk that would bar access to non-resort guests and non-club members will grant access to the river to fewer people than a public riverwalk.
Two additional speakers shared McGurk’s viewpoint. One did not utilize her allotted time to speak, but rather yielded to McGurk. The other said he agreed with McGurk, saying the current pier at the marina is wide enough to be ADA compliant.
Because of high attendance from the public, the board asked for a show of hands in opposition and in support of the proposal. About 15 people were opposed and about 10 were in support.
Addressing the issue of private versus public, Robin Carson, Kingsmill Resort general manager, said the property where residents currently have access to the beach has always been private property, originally owned by Busch Properties. As owner, Busch allowed anyone to access the beach. Now that Xanterra owns the property, there is a different view for how it should be used. The current owner believes people can participate in water-side activities if they pay to do so, Carson said.
Recently, 400 new members have been added to the club so there are roughly 1,200 club memberships representing about 2,500 people, Carson said.
Taking all comments into account, Gussman said he looked at this project in the same way he looked at all other projects. The Chesapeake Bay Board’s role is to prevent pollution from getting into the river, so he looked at whether this project would add pollution; initially he was concerned and thought he would make approval of the project hinge on Xanterra’s willingness to not use pavement for the riverwalk. Instead, he said the project is not going to significantly increase the amount of sediment and pollution going into the river, so he chose not to oppose it.
Board member William Apperson agreed, saying the project, with the planted swale, would actually make cleaner runoff than what is currently going into the river.
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