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Board approves patio exception at 322 East Landing with native-plant mitigation

James City County Wetlands Board and Chesapeake Bay Board · August 12, 2026
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Summary

The Chesapeake Bay Board granted an exception (CBPA26-0010) for a 254-sq.-ft. patio at 322 East Landing; the applicants committed to six shrubs plus a buffer modification removing invasives and planting natives, and staff recommended approval with standard conditions.

The Chesapeake Bay Board on Aug. 11 approved an exception allowing the construction of a patio at 322 East Landing (CBPA26-0010).

Watershed planner Emily Grojeau said the parcel is 1.216 acres with 67% in the RPA and that the proposal creates 254 square feet of new impervious cover in the landward 100-foot buffer. Staff recommended approval with mitigation — six shrubs plus a buffer-modification plan to remove invasives and replace them with native vegetation — and a $500 surety to guarantee the mitigation.

Mitch Foos, owner of the King's Garden and representing the applicants, described the site as a naturally rounded slope and said the patio would be crowned so that water is dispersed across the slope rather than as a point source. "So the water dispersal would not be point source," Foos said, adding that the owner planned additional native plantings to offset impervious area.

Sarah Whitelam, a nearby resident, attended and the applicant team addressed neighborhood and runoff questions. After discussion the board adopted the resolution to grant the exception; recorded roll-call votes were affirmative.