The York County Board of Supervisors voted 5-0 at a Tuesday work session to approve the draft update of the comprehensive plan for the county after a conversation centered on whether to allow mixed-use development on two undeveloped tracts of land with historical significance despite resistance from the U.S. Navy, the National Park Service and historical preservation groups.
Much of the conversation prior to the vote focused on the two tracts of land in Upper York County near the intersection of Interstate 64 and Route 199 (exit 242) and the intersection of I-64 and the Colonial Parkway.
The supervisors voted 3-2 to apply a mixed-use overlay to one of the tracts of land and the Marquis at Williamsburg; that plan also maintains an existing overlay on the other tract of land, known as the Egger tract. While the overlay does not change the zoning designation of the land, it identifies it as having potential for mixed-use development.
Supervisors Sheila Noll and George Hrichak wanted to see the overlay applied to the Marquis and to one of the tracts of land — the one closer to Route 199 that is owned by Anheuser Busch — while removing the existing overlay on the Egger tract. The Egger tract has had an overlay on it since 2005.
Prior to their discussion of the land, Historian John Quarstein delivered a comprehensive narrative of the Civil War’s Battle of Williamsburg, a bloody fight in May of 1862 extending from the Egger tract to Fort Magruder. Hundreds of Confederate soldiers were killed on the Egger tract in what proved to be a decisive moment in that battle, which came as the Union Army advanced toward Richmond early in the war.
In recent weeks, preservationist groups began appealing to the supervisors to not approve a mixed-use overlay on the land out of fear development could compromise one of the last undeveloped sites of that battle. The U.S. Navy and National Park Service both own land that abuts the Egger tract, and people representing those groups have said at past meetings they don’t want to see mixed-use development on that land either.
While the final decision goes against comments made by preservationists, the U.S. Navy and NPS, it does side with the property owners, who have advocated for the mixed-use overlay at past hearings. Matt Egger, a member of the family that owns the Egger tract, has said in the past he wants the overlay to remain. Anheuser Busch, which has had spokespeople come to previous hearings to voice support for the overlay, has a contract in place with Mid-Atlantic Properties to develop its land in the area. A spokesperson for the Marquis at Williamsburg said at a past hearing that national retailers have told the owners of the development they don’t want to develop there until more residences exist nearby.
Chairman Walt Zaremba said applying the overlay to all of the land put the most pressure on the preservationists, the Park Service, the Navy and the property owners to work out a deal and that the passage of the comprehensive plan did not decide anything about the future of the land. He urged the different parties in the dispute over the two tracts of land to meet and discuss what to do.
Supervisor Thomas Shepperd said the overlay was needed from an economic perspective, especially at the Marquis at Williamsburg. He said he did not see a reason to remove the overlay that exists on the Egger tract and that if the situation is handled correctly, preservation is still possible.
Noll said the overlay in place since 2005 on the Egger tract has not done any good for possible development of the land.
“Just because it was in the comprehensive plan doesn’t mean it should remain in it,” Noll said. “They had the opportunity, and nothing came from it.”
Quarstein, who has experience preserving other historically significant land in the area — including Lee Hall in Newport News — said preservation is important on the Egger tract because of its significance in the Civil War and the fact that much of the other land that was in that battle has been built upon.
“There’s no doubt this is a doable thing,” Quarstein said of preserving the land. “[The Egger tract] is the best-preserved section of the battlefield. It’s a tremendous site.”
The supervisors were required by Virginia law to hold a public hearing for the comprehensive plan prior to voting on it. That hearing, which happened Aug. 20, featured more than a dozen people speaking in favor of preservation. Other speakers were in favor of the overlay, saying the lack of residential rooftops near the Marquis at Williamsburg has caused the development to suffer.
The implications to potential preservation of the land from the board’s decision to apply the overlay are unclear. The U.S. Navy secured funding two weeks ago from the Department of Defense that would allow it to purchase conservation easements on the land. Under that plan, the land would still need to be purchased by a preservation-minded group before it could be preserved.
The supervisors were approaching the end of the window of time they had to take action on the comprehensive plan. The York County Planning Commission sent the draft update to the supervisors June 10, leaving a 90-day window for the supervisors to take action. That window would have expired Sept. 10.
Click here to read more about the comprehensive plan. Virginia law requires localities to have a comprehensive plan that outlines existing conditions and trends while examining the future needs of its residents.
Related Coverage:
- Navy Secures Funding for Conservation Easements on Disputed York Tracts
- Preservation-Minded Speakers Dominate York Comp Plan Hearing
- York Supes Give First Impressions of Comp Plan Update
- Civil War History Abounds on Undeveloped Tract in York County
- Planning Commission Preserves Mixed-Use Plan in Upper York County
- York Property Owners, Federal Entities at Odds Over More Residential Development
