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HomeMy WebLinkAboutSP201800001 Staff Report 2018-07-11COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: SP201800001 Keswick Hall and Golf Club SU BJ ECT/PROPOSAL/REQU EST: Amend previously approved SP200800042 to relocate and expand the spa and fitness center, add a pool bar, expand the energy plant, add a new maintenance and laundry building, relocate the existing restaurant in a stand-alone building, and add a wing to the existing inn for 38 additional rooms (a total of 86 rooms). In addition, site changes to parking and circulation are proposed. SCHOOL DISTRICT: Monticello High School, Burley Middle School, Stone Robinson Elementary BACKGROUND: AGENDA DATE: July 11, 2018 STAFF CONTACT(S): Elaine Echols, Megan Nedostup PRESENTER (S): Megan Nedostup At its meeting on May 22, 2018, the Planning Commission voted to recommend approval of SP201800001 with the conditions and changes outlined in the staff report. The Commission's staff report, action letter, and minutes are attached (Attachments A, B, and C). DISCUSSION: The Planning Commission recommended approval with the changes listed below, followed by staff comment on how the changes were addressed by the applicant. A critical slopes waiver request be submitted for review prior to the date being set for the Board of Supervisors public hearing so that staff can confirm that affected slopes are manmade. Staff Comment: The waiver was submitted and reviewed, however minor changes and clarifications are needed before the Board can act on it. The special use permit request is not contingent on approval and therefore this will be brought to the Board at a later date. Minor changes to the concept plan be made so that the parking area is shown in more generalized location(s) and the entrance for the Maintenance and Laundry Facility is shown. Staff Comment: The applicant submitted a new concept plan that is different from the plan that the Planning Commission reviewed and on which it based its recommendation. While staff and the Planning Commission had requested that only the parking area(s) be shown with less specificity, the applicant changed the rest of the plan so that all of the buildings including existing buildings, are generalized as well. The applicant wishes to have maximum flexibility in the future, however these changes conflict with the recommended condition 1(a) that states as a major element "location of buildings and structures". Staff also has concerns about the future interpretation of this plan that could allow the existing buildings to be modified or even removed and rebuilt. The Villa Crawford, which is a part of the existing inn, while not considered historic, is considered a contributing resource in the Southwest Mountain Rural Historic District. Another concern is that the South Parking Area, Spa and Fitness, and Maintenance and Laundry areas extend to the property line without a buffer or setback from the adjacent residential properties. Typically when a commercial use is approved in the Rural Areas there is a condition that requires commercial setbacks, and in this case no condition was recommended to the Planning Commission because these areas shown on the previous plan did not extend all the way to the property line. Two other items expected by the Commission were the new entrance onto Keswick Road (seen on the plan reviewed by the Commission) and the entrance for the Maintenance and Laundry Facility (requested to be shown on the plan). Neither of these items is provided on the applicant's proposed plan. Since the Planning Commission meeting, the applicant has requested that Condition #4 be amended to remove Board approval of the fire protection plan. Fire Rescue staff believes that this change is appropriate. While this change has not been seen by the Planning Commission, staff has confirmed that Fire Rescue prefers administrative instead of Board approval. Therefore, the recommended conditions have been updated to remove Board approval. As seen in the minutes from the May 22, 2018 meeting, the Planning Commission discussed the applicants' request that Condition #2 related to provision of turn lanes be removed. This condition, which was approved with prior SPs for Keswick, requires that turn lanes be provided at the intersection of Keswick Road and Route 22 before the 76th room of the inn is built. During review of the request, VDOT commented that the improvement was needed based upon the intersection's position on their list of potential intersection improvements, crash history at the intersection, and their belief that additional traffic will likely result in an increase in crashes. At the Commission meeting, the applicant argued that VDOT did not continue to believe this improvement was necessary at this time with the amount of traffic being added by the proposed use. However, due to safety concerns, the Commission ultimately recommended that Condition #2 remain. Since the meeting, staff contacted VDOT for clarification and they have continued to state that this intersection is listed for potential intersection improvements due to safety concerns based on the crashes that have occurred. Going forward, the additional traffic generated by this development is not anticipated to significantly change that listing. While VDOT previously indicated in the prior SPs that the improvements should be required as part of the completed development, its current position is the improvements are justified without the proposed development and the proposed development provides a small increase to the overall traffic at the intersection. Staff notes that, if the intersection improvements are not provided with this development, they will likely be needed at some point in the future. VDOT has stated that revenue sharing is probably the best currently available option for funding of those improvements. Revenue sharing will likely require the County to fund over half the cost of those future improvements with the remainder funded by the State through VDOT. RECOMMENDATIONS: Staff supports the Planning Commission's recommendation. If the Board wishes to approve the special use permit as recommended by the Planning Commission including the plan the Commission reviewed, staff recommends that the Board adopt the Resolution in Attachment E. However, if the Board wishes to approve the further revised plan which is different than that considered and recommended by the Planning Commission, staff recommends that the Board adopt the attached Resolution in Attachment F. ATTACHMENTS: A — Planning Commission staff report B — Planning Commission action letter C — Planning Commission minutes D — Revised Concept Plan dated 6-11-18 E — PC recommendation: Resolution to approve SP201800001 F — Revised Plan: Resolution to approve SP201800001 0 ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201800001 Keswick Hall and Staff: Megan Nedostup, Principal Planner Golf Club Planning Commission Public Hearing: Board of Supervisors Hearing: TBD May 22, 2018 Owner(s): Historic Hotels of Albemarle LLC Applicant(s): Valerie Long, Williams Mullen Acreage: Approximately 174 acres across three Rezone from: Not applicable parcels. Special Use Permit for: Non -Conforming Restaurants, taverns and Inns under Section 10.2.2 (27)(b) of the Zoning Ordinance. TMP: 080000000008Z0; 080000000060A0; Location: 3733 Keswick Road (Attachment A) 08000000000900 School District: By -right use: RA Rural Areas- Agricultural, Elementary: Stone Robinson forestal and fishery uses; residential density (0.5 Middle: Burley unit/acre in development lots); previously approved SP allows for up to 123 rooms. High: Monticello Magisterial District: Rivanna Proffers/Conditions: Yes Requested # of Dwelling Units/Lots: not DA - RA - X applicable Proposal: Amend previously approved Comp. Plan Designation: Rural Area- preserve SP200800042 to relocate and expand the spa and protect agricultural, forestall, open space, and fitness center, add a pool bar, expand the and natural, historic and scenic resources; energy plant, add a new maintenance and residential (0.5 unit/acre in development lots) laundry building, relocate the existing restaurant in a stand-alone building, and add a wing to the existing inn for 38 additional rooms (a total of 86 rooms). In addition, site changes to parking and circulation are proposed. Attachments D, E, F, and G Character of Property: The property has been Use of Surrounding Properties: Mixture of developed as a combination of private club, residential and agricultural uses in the area residential estates, hotel and restaurant. Factors Favorable: Factors Unfavorable: 1. The Inn expansion would allow for an 1. Even though the uses were previously existing facility that is a feature in the Rural approved, it has become clear that Area to maintain its economic vitality and additional water and sewer capacity is needed, which is not in keeping with SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 1 would promote and enhance tourism which recommendations for the Rural Area is supported in the Economic Development chapter of the Comprehensive Plan. The Chapter of the Comprehensive Plan. remedy will require expansion of the 2. The rearrangement of uses on the property central water system which will require is not problematic as a similar expansion Board of Supervisors approval. request was approved under a prior 2. The applicant wishes to remove an legislative act. existing condition requiring improvements 3. The number of rooms will be reduced from to the Route 22 and Route 744 123 to 86. intersection which has a history of 4. With conditions, the restaurant and inn use, crashes. Additional information was could stay within the previously approved recently provided that has not been parameters for central and sewer service. reviewed by staff due to the timing of the writing of the report. This issue is unresolved. 3. The commercial use does not promote the agricultural and forestal policies of the Comprehensive Plan. 4. The plan shows disturbance of critical slopes; however, a critical slopes waiver has not been requested to date for staff analysis and recommendation. 5. Minor changes to the concept plan need to be made. Recommendation: Due to the factors unfavorable, as well as unresolved issues regarding the condition for traffic improvements, staff is unable to recommend approval at this time. SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 2 STAFF CONTACT: Megan Nedostup, Principal Planner PLANNING COMMISSION: May 22, 2018 BOARD OF SUPERVISORS: TBD PETITION: PROJECT: SP201800001 Keswick Hall and Golf Club MAGISTERIAL DISTRICT: Rivanna TAX MAP/PARCEL(S): 080000000008Z0; 080000000060A0; 08000000000900 LOCATION: 3733 Keswick Road PROPOSAL: Amend previously approved SP200800042 to relocate and expand the spa and fitness center, add a pool bar, expand the energy plant, add a new maintenance and laundry building, relocate the existing restaurant in a stand-alone building, and add a wing to the existing inn for 38 additional rooms (a total of 86 rooms). In addition, site changes to parking and circulation are proposed. PETITION: Clubs and Lodges; Swim, Golf, Tennis or similar Athletic Facilities; Restaurants, Taverns and Inns under Section 10.2.2 of the zoning ordinance by special use permit on approximately 174 acres. ZONING: RA Rural Areas -agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) OVERLAY DISTRICT(S): Entrance Corridor, Flood Hazard COMPREHENSIVE PLAN: Rural Area — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots) POTENTIALLY IN MONTICELLO VIEWSHED: Yes CHARACTER OF THE AREA: The Keswick community is largely rural and comprises a mixture of residential, large estate, agricultural and forestal uses. See the vicinity map in Attachment A. The Keswick development consists of large lot residences, a private golf club with tennis courts and a swimming pool, an inn with 48 rooms, and a restaurant. There are also a number of undeveloped lots within Keswick Estates, some owned by the owners of the Inn, and others owned by various property owners/residents. Different from other golf course communities, the development began with the Keswick lodging use to which golf amenities and residential uses were later added. PLANNING AND ZONING HISTORY: Keswick Hall has a long history which is included as Attachment C. A summary is as follows: Keswick Hall, built in 1910 as Villa Crawford became a hunt club and resort prior to 1948. Two other houses constructed around 1940 served as motel rooms. In 1978, a special use permit was requested and approved for the inn use which also included accessory uses as swimming pools and tennis courts. Over time, acreage was added, a golf course constructed, expansions were approved, and residential lots were platted near the Inn which make use of the the amenities at the Inn. A total of 124 residential lots have been approved as part of the Keswick development.. In addition, a total of 123 rooms was approved for Keswick along with a spa and other accessory uses. Both the residential lots and the Inn (including accessory uses) use a central water system and a central sewage disposal system which were approved by the Board of Supervisors in 1985. The most recent special use permit plan and conditions are provided as Attachment B. SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 3 DETAILS OF THE PROPOSAL: The applicant is proposing to amend SP2008-42 to allow for the following changes: • Reduce the maximum number of rooms from 123 built in two phases to 86 total in a single phase; • Move the freestanding spa and fitness center including eight new treatment rooms which will be open to the public to a different location on the site; • Replace an area shown for cottages with a new wing for rooms to the inn; • Replace the existing Fossett's restaurant with lobby and conference space; • Replace the existing Fossett's with the same number of seats (165) including a bar and outdoor seating in a new building adjacent to the clubhouse; • Move the maintenance/laundry building to different location on the site; • Realign the parking and circulation including a new service entry off Keswick Road near the energy plant; and • Remove the requirement for traffic improvements at Route 22 and Route 744, which are currently required with the construction of the 751h room. Attachment D contains the applicant's request. Attachment D provides the concept plan. It should be noted that prior to the completion of staff review of the last submittal, the applicant requested a Planning Commission public hearing date be set. Normally, outstanding issues would be worked out prior to a public hearing; however, because of the applicant's requested hearing date, several issues remain unresolved. They are described further in this report. COMMUNITY MEETING: The community meeting was held February 27, 2018 at East Rivanna Fire Station. Approximately 30 members of the public, most of whom were Keswick Estate residents, attended the meeting. The attendees asked about impacts of the use and were mostly concerned about water impacts and the capacity of the existing water and sewage system. There was also discussion about traffic generation, specifically traffic through the Keswick Estates subdivision and gate operation for guests of the Inn and Club. There was a general support of the request as long as the water and sewage use of the Inn does not impact existing residents, existing lot owners who want to build on their lots, or future purchasers of currently vacant lots. Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment. As the previously approved and proposed structures would be located within the 174 acre property, no visual, parking, or noise impacts are anticipated. However, traffic and water use may have a negative impact on nearby and surrounding uses and are discussed later in this report. SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 4 Character of district unchanged. The character of the district will not be changed by the proposed special use. Staff believes that the expansion of the Inn and its facilities would be on the interior of the site and would not affect the character of the community. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning district as follows: "This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: -Preservation of agricultural and forestal lands and activities; -Water supply protection; -Limited service delivery to the rural areas; and -Conservation of natural, scenic, and historic resources. (Amended 11-8-89)" The Keswick Club and Hall do not comply directly with most of these purposes, but are long existing, approved, uses in this Rural Areas District. Changing economic conditions for a facility such as this mean that changes to the existing inn may be necessary. The changes proposed by this special use permit will not further the inconsistencies of the Keswick Club and Hall with the Rural Areas District due to the relocation of the proposed improvements within the interior of the site. ...with the uses permitted by right in the district Provided sufficient water is available for existing and future residents of houses on platted lots, the proposed changes should not affect the uses permitted by right in the surrounding Rural Area District. ...with the regulations provided in section 5 as applicable, Section 5.0 contains no additional regulations applicable to this application ...and with the public health, safety and aeneral welfare. Traffic Although previously approved special use permits through 2008 allow for all but the relocation of the restaurant within a separate building on the property, the applicant has requested that the County eliminate an intersection improvement condition, which was placed on both the 2000 and 2008 special use permit approvals. Construction of the improvements under this condition were required to be made in a second phase, after completion of the 751h room. Because staff needed to understand the impacts of the additional rooms, the last traffic study was done almost 18 years ago, and the intersection of Route 22 and Route 744 near Keswick has a history of crashes, staff requested and the applicant provided a traffic impact analysis (TIA) study. This study was reviewed by both the Virginia Department of Transportation (VDOT) and the County Transportation Planner (see Attachment H). SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 5 The study concludes that the improvements required with the 2008 special use permit, a right turn taper and left turn lane, are not warranted for the proposal for operational purposes. However, VDOT and the County's Transportation Planner disagree. Taking into account the crash data in their analysis, both VDOT and the Transportation Planner have recommended that a right turn taper and left turn lane be installed at the intersection of Route 22 and Route 744 for traffic safety purposes. It is noted that the intersection currently needs these improvements, as it is listed on VDOT's Potential for Safety Improvement top 100 list in the district and has a history of crashes. While the traffic study indicates that a small portion of traffic will be generated from the 38 additional rooms including 11 that trigger the improvement, the combination of added traffic at the intersection by the proposed use and the crash history is of concern to staff and VDOT. The applicant has requested this condition be eliminated for reasons stated in Attachment I. They have stated in their response letter: the Inn is contributing a minimal amount of traffic in the location; the TIA concludes that the improvements are not warranted; Route 22 is a scenic by -way within the Southwest Mountains Rural Historic District; improvements would impact the bucolic character of the surroundings; among others. After several discussions between the applicant and staff, staff was not able to agree with the applicant. One day prior to the completion and due date of this report, the applicant provided additional information which staff has been unable to review. Additionally, VDOT provided additional verbal information within the same time frame, which has not yet been assessed. Due to the short time frame for analysis, at present, staff cannot make a different conclusion than the improvements are needed after the 751h room. Staff recommends that the improvements should continue to be required as a condition of the special use permit. (Condition #2). Water and Sewer As a rule, public water and sewer is not provided in the Rural Area and an expectation exists that new uses should not create a need for either public water and sewer nor a central water or sewer system. This policy exists to help prevent the Rural Area from massive residential development and commercial development. There are exceptions to the rule concerning central water and sewer systems. In some cases, a central water or sewer system is necessary, such as with existing public schools in the Rural Area. As stated earlier in this report, in 1992, Keswick Estate received approval for a central water and sewer system sufficient to serve the existing requirements for both the 48-room inn and the 124 residential lots. The issue of well capacity and a central sewerage system has been present throughout development of Keswick. With this special use permit, staff was concerned that the applicant establish the amount of water to be used for the Keswick Inn. For that reason, the applicant provided a report concerning water and sewer capacity, prepared by Timmons for Keswick Hall, dated December 1, 2017 and revised March 19, 2018. The result of that study was that the current system does not have sufficient capacity for both the Inn's proposed uses, and the residential units at buildout. SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 6 The supply of water from the existing approved wells would not be enough to supply both the expansion of the Inn, restaurant, ancillary services and the approved residential lots. Because approvals have been previously given that allow for both the residential and Inn use, two things are needed: 1. The inn must be limited to the existing permitted capacity, as expansion of the systems is not permitted under Section 10.2.2.27(b) of the Zoning Ordinance for this use. Section 10.2.2.27(b) Restaurants and inns that are: b) Nonconforming uses, provided the restaurant or inn is served by existing water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system. Any expansion of the system must be for the residential uses only. 2. Before any certificates of occupancy are given for any new rooms in the Inn, there must be approval of plans by the Department of Health, Fire/Rescue, and the Board of Supervisors for installation of water systems for the Inn to address the concern of adequate capacity for the existing and unbuilt residential lots, and for fire protection. Staff notes that a separate request will be needed to allow for expansion of the central system for the residential lots. The Board would consider that request at future date. Consistency with the Comprehensive Plan. Four Chapters of the Comprehensive Plan are relevant to this review. The first one is the Rural Area Chapter which speaks to lodging in the Rural Area as seen below: Lodging Another significant aspect of tourism is transient lodging in the Rural Area. In 2012, County staff estimated 230 rooms available for lodging in the Rural Area. This includes Keswick Hall (48 rooms), the Clifton Inn (17 rooms), Farmington (40 rooms), and approximately 125 rooms in homes as rental cottages, bed and breakfasts (B&Bs), and guestrooms. Generally, new hotels, motels, inns, and retreat centers are not considered to be appropriate in the Rural Area due to their water requirements, wastewater needs, and traffic impacts. However, more study is needed of smaller scale rural lodging activities that may provide needed tourist accommodations in the County. Rental homes and guest rooms are also present in the Development Areas. Keswick Hall is an existing restaurant and inn within the Rural Areas. Under the Rural Area chapter of the Comprehensive Plan, a new hotel, inn or retreat center are not considered appropriate uses the Rural Areas due to water requirements, wastewater needs, and traffic impacts. However, it recognizes Keswick Hall as an existing use, and prior legislative acts have supported the continuation and expansion of the inn. The Economic Development Chapter of the Comprehensive Plan addresses the importance of tourism, as seen below: SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 7 Strategy 1 c: Promote tourism that helps preserve scenic, historic, and natural resources. Tourism brings visitors to enjoy the County's scenic rural landscapes and also to spend money in the County. Rural Area businesses that showcase the County's rich and diverse rural, agrarian, and historical resources provide sustainable economic development opportunities. In so doing, these businesses also help preserve, protect, and in some cases restore the Rural Area characteristics that make Albemarle County a desirable destination. Tourism and agribusiness opportunities are discussed in more detail in the Rural Area Chapter of this Plan. Recent State legislation has made large gatherings for commercial events possible at farm breweries and other bona fide agricultural operations. Events can help promote tourism and provide for enjoyment of scenic and natural resources; however, the County needs to ensure that the health, safety, and welfare of the residents of the Rural Area are protected when large events occur. This Chapter also recommends uses that promote tourism that helps preserve scenic, historic, and natural resources. Keswick Hall and its expansion will contribute to the economic development goals of the County, recognizing that impacts should be mitigated with the recommended conditions. Additionally, the Natural Resources Chapter states that critical slopes should be protected in the Rural Area. Strategy 5b: Continue to protect critical slopes in the Rural Area. Critical slopes are areas with a slope of 25% or greater. Protecting these slopes improves soil retention, helps to retain forests, and enhances water quality. In the Rural Area especially, clearing, grading, building, cropping, and overgrazing of critical slopes can result in extensive erosion and landslides or sloughing of soil and rock; excessive stormwater runoff, increased siltation and sedimentation (which affects the health of aquatic ecosystems); loss of aesthetic resource; and, in the event of septic system failure, a greater travel distance for septic effluent (which affects both drinking -water quality and the health of aquatic ecosystems). Protection measures for critical slopes include: continuing to prohibit construction on critical slopes except where necessary to build or access the first dwelling on a parcel; providing education materials to the public about critical slope protection. Standards for designing public roads and building County projects are found in the Appendix. From the applicant's steep slope exhibit, some critical slopes will be impacted by the expansion (Attachment F). The applicant has not submitted a critical slopes waiver request to date, and therefore no analysis has been done by staff. However, the County Engineer believes, after a field visit, that the majority of the slopes that will be impacted are manmade. A request should be submitted prior to the Board of Supervisors public hearing and if staff finds that the request will have detrimental impacts, the request will be brought back to the Planning Commission for input and recommendation. SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 8 The Historic, Cultural, and Scenic Resources Chapter of the Comprehensive Plan contains this objective: Objective 1: Continue to identify and recognize the value of buildings, structures, landscapes, sites, and districts that have historical, architec- tural, archaeological, or cultural significance. The original house on the property, Villa Crawford, was built circa 1910 and is an unusual synthesis of Georgian revival and Italian Villa styles. The Virginia Department of Historic Resources (DHR) Evaluation Committee determined on 11-9-2017 that the Villa Crawford, the historic core of the hotel, is not eligible for individual listing on either the state (Virginia Landmarks Register) or federal (National Register of Historic Places) registers, however, it is a contributing resource to the Southwest Mountains Rural Historic District. The DHR report also identifies two historic structures on the grounds that were in good condition at the time of the last survey (9-6-2017). Both are single dwellings that were constructed circa 1940 and which served as motel rooms when the private residence was converted into a hunt club and resort after 1948. Today, they are identified as "administration buildings" located west of the hotel building along Club Drive. Since the application for this special use permit was made, the applicant requested and received a demolition permit for the interior of Villa Crawford (as well as exterior windows, exterior doors, and the south portico). The scope of demolition included the removal of historic material that remained after the 1992 renovation as well as the removal of architectural elements dating to the 1992 renovation. However, it continues to be a contributing resource to the Southwest Mountains Rural Historic District. The Historic Preservation Planner has indicated that the proposed changes are not expected to create a negative impact to the historic district. Staff believes that the use is consistent with the goals of the Comprehensive Plan as long as the impacts of traffic, water and sewer are addressed with the recommended conditions and that a critical slopes waiver is submitted and reviewed by staff prior to the Board of Supervisors public hearing date being set. OTHER OUTSTANDING ISSUES Regarding parking, staff has concerns that the detail being shown for parking may need to be adjusted during site plan due to the amount of parking required. In order to accomplish this, the conceptual plan should be revised to generalize the parking area so that future adjustments can be made, while ensuring that the landscape buffers along Keswick Road and Club Drive are maintained. Changes to the conceptual plan are also needed to show the entrance to the Maintenance and Laundry facility. SUMMARY: Staff has identified factors which are favorable and unfavorable to this proposal. Factors favorable to this request include: SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 9 1. The Inn expansion would allow for an existing facility that is a feature in the Rural Area to maintain its economic vitality and would promote and enhance tourism which is supported in the Economic Development Chapter of the Comprehensive Plan. 2. The rearrangement of uses on the property is not problematic as a similar expansion request was approved under a prior legislative act. 3. The number of rooms will be reduced from 123 to 86. 4. With conditions, the restaurant and inn use, could stay within the previously approved parameters for central and sewer service. Factors unfavorable to this request include: 1. Even though the uses were previously approved, it has become clear that additional water and sewer capacity is needed, which is not in keeping with recommendations for the Rural Area chapter of the Comprehensive Plan. The remedy will require expansion of the central water system which will require Board of Supervisors approval. 2. The applicant wishes to remove an existing condition requiring improvements to the Route 22 and Route 744 intersection which has a history of crashes. Additional information was recently provided that has not been reviewed by staff due to the timing of the writing of the report. This issue is unresolved. 3. The commercial use does not promote the agricultural and forestal policies of the Comprehensive Plan. 4. The plan shows disturbance of critical slopes; however, a critical slopes waiver has not been requested to date for staff analysis and recommendation. 5. Minor changes to the concept plan need to be made. RECOMMENDED ACTION: Staff cannot recommend approval of this special use permit SP201800001 Keswick Hall and Golf Club at this time due to the factors unfavorable to the request in particular, the lack of resolution concerning traffic impacts. However, if the Planning Commission wishes to recommend approval, the following changes and conditions are recommended: Changes: 1. A critical slopes waiver request is submitted for review prior to the date being set for the Board of Supervisors public hearing so that staff can confirm that affected slopes are manmade. 2. Minor changes to the concept plan are made so that the parking area is shown in generalized location(s) and the entrance for the Maintenance and Laundry Facility is shown. Conditions: 1. Development and use shall be in general accord with the conceptual plan titled "Keswick Hall & Golf Club Special -Use Permit Plan" prepared by Hart Howerton and dated March 2018 (hereafter "Conceptual Plan"), and narrative title "Keswick Hall and Golf Club Project Narrative' (hereafter "Narrative"), dated January 16, 2018 , updated March 19, 2018, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 10 shown on the Conceptual Plan and described in the Narrative: a. location of buildings and structures b. location of parking areas c. 38 additional guest rooms for a total of 86 rooms d. 4 additional spa treatment rooms for a total of 8 treatment rooms e. 165 seat restaurant f. 10 seat Villa Crawford Bar g. 20 seat pool bar and restrooms Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. Pursuant to road plans approved by the Virginia Department of Transportation ("VDOT"), the Owner shall construct right turn taper and left turn lane at the intersection of Route 22 and Route 744. These improvements must be completed to the satisfaction of VDOT's Charlottesville Residency Administrator prior to the issuance of the building permit for the additional Guest Wing, as shown on the Conceptual Plan. 3. The restaurant, tavern, and inn and accessory uses shall not consume water in excess of existing permitted capacity of the existing water system (76,000 gallons per day) and sewage system (60,000 gallons per day). If the central water or sewerage system must be expanded to meet existing or future demand for residential users, the applicant shall seek and obtain all necessary approvals for expanding the system from the Virginia Department of Health, the Virginia Department of Environmental Quality, and the Albemarle County Board of Supervisors. Any expansion of the central water or sewerage system to meet existing or future demand for residential uses shall be solely for the use of residential users. 4. The applicant shall seek and obtain all necessary approvals by the Virginia Department of Health, Albemarle County Fire Rescue Department, and the Albemarle County Board of Supervisors for a water system improvement to support dedicated internal fire protection as described in the 'Water and Wastewater Facilities Plan 2017 Update for Keswick Hall & Golf Club" prepared by Timmons Group dated December 1, 2017 and revised March 19, 2018 (hereinafter the "2017 Water/Wastewater Plan") before a building permit for the proposed improvements described in Phase 1A of the aforementioned plan may be issued. No certificates of occupancy for the improvements in Phase 1A shall be issued prior to the completion of the aforementioned water system improvement. 5. The applicant shall seek and obtain all necessary approvals by the Albemarle County Board of Supervisors for a water system improvement to support expanded permitted capacity of the water distribution system as described in the 'Water and Wastewater Facilities Plan 2017 Update for Keswick Hall & Golf Club" prepared by Timmons Group dated December 1, 2017 and revised March 19, 2018 before any building permit for the proposed improvements described in Phase 1A of the aforementioned plan may be issued. No certificates of occupancy for the improvements in Phase 1A shall be issued prior to the approval of the Virginia Department of Health, the Virginia Department of Environmental Quality, Albemarle County Fire Rescue Department, and completion of SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 11 the aforementioned water system improvement. 6. No unplatted property shall be subdivided and no approved subdivision plat shall be recorded unless the applicant demonstrates to the satisfaction of the Planning Director and County Engineer that the existing central water system permitted and approved by the Virginia Department of Health, or as such permit is amended or such subsequent permit approved by the Virginia Department of Health, Division of Water Supply Engineering and the Board of Supervisors, is available and adequate to serve all of said lots, as well as all existing improvements, associated uses, and platted lots, without compromising on -site and adjacent off -site well water supplies. Nothing herein shall guarantee approval of such amendment or permit. In making this demonstration, the application shall use test procedures approved by the Virginia Department of Health and the County Engineer. 7. Except for any restaurant and spa on the property open to the general public, Keswick Hall and its associated facilities shall be used only by the guests of the inn and their invitees, and members of the Keswick Country Club and their invitees. 8. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty-four (24) months from the date of Board of Supervisors approval, it shall be deemed abandoned and the permited terminated. The term "commenced" means "construction of any structure necessary to the use of the permit'. MOTIONS: A. Should the Planning Commission choose to recommend denial of this special use permit: I move to recommend denial of SP201800001 Keswick Hall and Golf Club. State the reason(s) for recommending denial. B. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP201800001 Keswick Hall and Golf Club with the recommended changes and conditions outlined in the staff report. ATTACHMENTS Attachment A- Vicinity Map Attachment B- SP2008-042 Action Letter and Concept Plan Attachment C- History of Keswick Attachment D- Applicant Narrative Attachment E- Concept Plan dated March 2018 Attachment F- Steep Slopes and Preliminary Grading Plans dated March 2018 Attachment G- Illustrative Site Example Plan dated March 2018 Attachment H- VDOT and Transportation Planner comments Attachment I- Applicant response to comment letter dated March 19, 2018 SP201800001 — Keswick Hall Planning Commission: May 22, 2018 Page 12 • w • yo o 80-3G Legend (Mo 9Soma Rena on map may not appear In leand) 60-3D 'u9 80-31 e 80-3H m S10 80-3E �� Keswick„ :a:.Q..d o�mM, 80-113 _ '+ mEr.,� 60.2 80-3C 2 0.17Z 80- 4 ° o 80-2C 80-5 80 110A 80-114A 80- 1061 J�SP 80-3F - a 79-12A 80-2B -, n �,p� 80!11080-110A 80-6C 60�109 AO w 80• BUCKINGHAM BRANCH �� m �S 731 80-10 Z '80-6A+ 80-10 G ,• 80-7 m ,- g 80-101 �• �,- 80-BF1 m 80-7A ^ 80-7C 80-78 o m 0 M 80-9W 80.8E � ORoo.B�P q10 � 0 80-7D ° � �'. 60.8Z \ �1 80-10 _•m m \\ ` 80.8q 88'8G ox LN _J *8S6 Co o F J RE 80-7F 'Po 8p-8B �9 "l 80-11A 80-8f �o olo 8p-1 3 0 o C;7v ,l80-12 9,9 • 1pP 0 n� 80- 0��� 80;8D1 • 9 9A2-AG-33 I �99 9� 80-14 O`L 8p'1'IP 0 8 $ 0o•'p' 8p►-8p1 �. 80- ,99i ^ Pti 80-8U 0 g016 p 20 z O 8p o°G 0p0 79A9A�1-(IB!8B� o� �0 8p 19 80-65 80-8U1 Al 8 p 2�0 80-62 80a02 00�J'L 9A1 uA 179A1-(IB-9 O 8p ♦ 0 ® a J3 CMG 660 ft o0 om NZ80-21 �0009 8pf 8��+ �� �0'L 9A1'--0D-4/•.' ^ P '� ^-? 79A1--0B-16 80-21C Av p.y1P ap 0� 80-8w o J •O 72 b O o p,"5 GIs -wen Geographic Data eenices vrvrv/.Mlcmane.org 9 J. D-5 79AAL-17 80-24 80-338 80-32 80-8C2 1 0D 1 (41)2lnseaz • Map is for Display PuMoses Only • Aerial Imagery from me Commommi MMMInla and Omer Sournes May 14, 2018 0 COUNTY OF A1.13LMARLE Department of Planning & <:unutlunity Developtnetit 401 Mclmirc12oail.Room?€8 Charlottem ille, "ireinia 21902-4 i9b t$t)a l.'96 _ 5823 Fax (%041 077' _ 4012 April 30. 2001 Jay M Weinberg P O Box 500 Richmond. VA 23218 RE: SP-2000-33 Keswick Hall; Tax Map 80, Parcels 8, 8Z, 9, 61, 62, 62A, 62B, 62C, 62D, 70A, 90, 95, 96, 97, 98, 100, 106, and 109A LETTER OF CORRECTION Dear Mr Weinberg, The Albemarle County Board of Supervisors, at its meeting on April 18, 2001. unanimously approved the above -noted request. Please note that this approval is subject to the following conditions: 1 The Keswick Estate shall be developed in general accordance with the plan titled 'Keswick Estate Conceptual Long Rance Master Plan', prepared by Roudabush. Gale and Associates, dated December 18. 2000 and included as Attachment A (on file in the Clerk's office): ?. No building permits shall be issued for Phase 11 improvements beyond those improvements authorized by SP-00-33, as shown on the plan titled "Keswick Estate Conceptual Long Range Master Plan' prepared by Roudabush. Gale and Associates dated December 18, 2000, until all road improvements described in the Virginia Department of Transportation letter from R.P Bell dated February 21, 2001, and included as Attachment B (on file in the Clerk's office), have been completed (not bonded) to the satisfaction of the County Department of Engineering and Public Works and the Virginia Department of Transportation. 3. Prior to final site plan approval of the improvements authorized by SP-00-33, the applicant shall demonstrate to the satisfaction of the Planning Commission that the existing central water system. approved under Permit Number 200192 issued by the Virginia Department of Health, Division of Water Supply Engineering, dated March 12, 1992, is available and adequate to serve all of the improvements and associated uses authorized by SP-00-33. as well as at[ existing improvements and associated uses and all platted lots, without compromising on -site and adjacent ofl-site well water supplies. In making this demonstration, the applicant shall use test procedures approved by the Virginia Department of health and the County Department of Engineering and Public Works: 4 No unpiatted property shall be subdivided and no approved subdivision plat shall be recorded unless the applicant demonstrates to the satisfaction of the Directory Engineering and Public Works or the ✓ Planning Commission, that the existing central water system. approved under Permit Number 2-0�192- issued by the Virginia Department of Health. Division of Water Supply Engineering, dated March 12, 1992. or as such permit is amended or such subsequent permit approved by the Virginia Department of Health. Division of Water Supply Engineering: and the Board of Supervisors. is available and adequate to serve all of said lots, as well as all existing improvements, associated uses, and platted lots, without compromising on -site and adjacent off -site well water supplies. Nothing herein shall Page 2 April 30. 2001 guarantee approval of such amendment or Permit. In making this demonstration. the applicant shall use test procedures approved by the Virginia Department of Health and the County Department of Engineering and Public Works. If the central water system must be expanded to meet existing or future demand. the applicant shall seek and obtain all necessary approvals for expanding the system from the Virginia Department of Health and the County Board of Supervisors, All areas identified as open space on the plan titled "Keswick Estate Conceptual Long Range Master Plan' prepared by Roudabush. Gale and Associates dated December 18. 2000, shall be subjected by the applicant to one (1) or more easements preserving those areas as open space in perpetuity. Each easement holder shall be an organization authorized to hold such easements by the Commonwealth of Virginia. Prior to final site plan approval of the improvements authorized by SP-00- 33. the applicant shall present written evidence to the Planning Commission demonstrating that this condition has been satisfied: Except for any restaurant on the property open to the general public, Keswick Hall and its associated aacilities shall be used only by the guests of the inn and their invitees: and members of the Keswick Country Club and their invitees; and 8. Each plat of division of any lands shown on the plan titled "Keswick Estate Conceptual Long Range Master Plan", prepared by Roudabush. Gale and Associates, dated December 18, 2000 shall include the following statement if those lands are not within a jurisdictional area and will not be served by a public water or sewer system: "On the date of approval of this plat by the agent: the lands being divided are not within a jurisdictional area and public water and sewer service are not available." In the event that the use; structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit; the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further snformation: please call Jar: Sprinkle at 296-5875. If you should have any questions or comments regarding the above -noted action, please do not hesitate to contact me. Sincerely, V. Wayne Ci berg Director of Planning F VWCljcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Alishouse Bob Ball. VDOT lahoo V}: / 1 ' M / COUNTY OF ALBEMARLE, Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434)972-4012 February 20, 2009 Richard E. Carter P.O. Box 1567 Charlottesville, Va 22902 RE: SP2008-00042 Keswick Hall TAX MAP/PARCEL: 80-BZ and TMP 80-09 Dear Mr. Carter: On February 4, 2009, the Albemarle County Board of Supervisors took action on SP #2008-00045 to allow modifications to the master plan related to the timing (phasing) of development: move 5 guest rooms from Phase I to Phase II; a larger spa moved from phase II to phase I; add two tennis courts and amend condition of approval to allow spa to be open to the public on TAX MAP/PARCEL: 80-8Z and TMP 80-09 in the Rivanna District. This special use permit was approved based on the following conditions: 1. The Keswick Estate shall be developed in general accordance with the plan titled "Keswick Estate Conceptual Long Range Master Plan" prepared by Roudabush, Gale and Associates, dated December 1.8, 2000, as amended by "Keswick Hall Master Plan Phase 1" prepared by Train & Partners + Mario di Valmarana, submitted September 14, 2008 and revised February 3, 2009; 2. No building permits shall be issued for Phase II improvements beyond those improvements approved with SP-2000-33 and shown on the plan titled "Keswick Estate Conceptual Long Range Master Plan" prepared by Roudabush, Gale and Associates, dated December 18, 2000, and as amended by SP-2008-42 and shown on the "Keswick Hall Master Plan Phase I" prepared by Train & Partners + Mario di Valmarana, submitted September 14, 2008 and revised February 3, 2009,.until all road improvements described by the Virginia Department of Transportation letter from R.P. Ball dated February 21, 2001 and included as Attachment B have been completed (not bonded) to the satisfaction of the County Engineer and the Virginia Department of Transportation; 3. No unplatted property shall be subdivided and no approved subdivision plat shall be recorded unless the applicant demonstrates to the satisfaction of the Planning Commission that the existing central water system, approved under Permit Number 2003400 issued by the Virginia Department of Health, Division of Water Supply Engineering and dated January 7, 1998, or as such permit is amended or such subsequent permit approved by the Virginia Department of Health, Division of Water Supply Engineering and the Board of Supervisors., is available and adequate to serve all of said lots, as well as all existing improvements, associated uses, and platted lots, without compromising on -site and adjacent off -site well water supplies. Nothing herein shall guarantee approval of such amendment or permit. In making this demonstration, the applicant shall use test procedures approved by the Virginia Department of Health and the County Department of Engineering and Public Works; 4. If the central system must be expanded to meet existing or future demand, the applicant shall seek and obtain all necessary approvals for expanding the system from the Virginia Department of Health and the County Board of Supervisors; 5. Except for any restaurant and spa on the property open to the general public, Keswick Hall and its associated facilities shall be used only by the guests of the inn and their invitees, and members of the Keswick Country Club and their invitees; and 6. Each plat of division of any lands shown on the plan titled "Keswick Estate Conceptual Long Range Master Plan" prepared by Roudabush, Gale and Associates, dated December 18, 2000, shall include the following statement if those lands are not within a jurisdictional area and will not be served by a public water or sewer system: "On the date of approval of this plat by the agent, the lands being divided are not within a jurisdictional area and public water and sewer service are not available." Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with conditions of the SPECIAL USE PERMIT; • approval of and compliance with a SITE PLAN amendment; and • approval of a ZONING COMPLIANCE CLEARANCE. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty-four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." If you have questions or comments regarding the above -noted action, please do not hesitate to contact Sherri Proctor at 296-5832. Sincerely, of Plan cc: Keswick Club L P & Zwick Corporation 701 Country Club Dr Keswick Va 22914 KESWICK TIMELINE OF EVENTS January 17, 1978 SP-1978-076 - Special Use Permit - TMP 80-8pt, 8Zpt, 9 - Approved to allow an inn which may include as accessory uses swimming pools and tennis courts, both of which may be open to the public without regard to whether users are patrons of the dining facilities or guest rooms in the inn itself in accordance with Section 2-1-25 21 of the Zoning Ordinance. September 4, 1985 SP-1985-053 - Special Use Permit - TMP 80-8, 8Z, 31, 60A, 61, 62, 70 and TMP 94-42 - Approved to allow the subdivision of 37 single family residential lots. Total acreage of site is 284.11 acres zoned RA. Per Section 10.5.2 September 4, 1985 SP-1985-054 - Special Use Permit - TMP 80-8 and 8Z - Approved to allow expansion for 6 guest rooms in two existing cottages and 36 guest suites in a new structure adjacent to clubhouse on 24.395ac. Expansion of existing use. March 19, 1986 SP-1986-002 - Special Use Permit - TMP 80-8, 8Z, 9 - Approved to amend SP-1985-054 to permit 6 guest rooms approved for two existing cottages to be located in Keswick Clubhouse addition/conference center and this addition to be connected to the main clubhouse. March 19, 1986 SP-1986-003 - Special Use Permit - TMP 80-8, 8Z, 61, 60A, 62, 70, and 31 - Approved to allow for construction of golf course and road in the floodplain. March 19, 1986 SP-1986-004 - Special Use Permit - TMP 80-8, 8Z, 9 - Approved to allow for subdivision of clubhouse tract into two parcels consisting of 15.200 acres and 5.000 acres. June 17, 1992 SP-1992-021 - Special Use Permit - TMP 80-8, 8Z, 9, 60A, 61, 62, 70 and TMP 94-42A - Approved to amend previous special use permits (SP85-53, SP86-02, and SP86-04) in order to allow the connector road between Rt. 731 (Country Club Drive) and Rt. 616 to be a private road rather than a public road. January 13, 1993 SP-1992-057 - Special Use Permit - TMP 80-8 (east), 8F, and 109 - Approved to allow two floodplain crossings of Carroll Creek for private road construction. Per Section 30.3 January 13, 1993 SP-1992-058 - Special Use Permit - TMP 80-8, 8C, 8F, 8D2, 8D3, 8D4, 8J, 8T, 8Z (part), 21A, 27, 29, 31, 41, 41A, 43, 60, 60A, 61, 62, 69, 70, 70A, 96, 97, 100, 106, 109A, and TMP 94-42A - Approved to amend SP-85-53 to allow the subdivision of 280.2 acres which is comprised of 30 parcels of record, into 75 residential lots with an average size of 3.3 acres to be served by private roads. KESWICK TIMELINE OF EVENTS January 13, 1993 SP-1992-059 - Special Use Permit - TMP 80-8, 8C, 8D2, 8D3, 8D4, 8J, 8Z (part), 9, 9A, 29, 31, 41, 41 A, 43, 60, 60A, 61, 62, 69, 70 and 70A - Approved to allow expansion of golf course within Keswick Country Club development from 18 to 27 holes. Per Section 10.2.2(4) November 19, 1993 CLE-1993-139 - Clearance for a Hotel and Restaurant on TMP 80-9 May 18, 1994 SP-1994-007 - Special Use Permit - TMP 80-8Z - Amend SP92-59 to approve the expansion of club facilities to add a swimming pool, tennis courts and clubhouse on 149.846 acres zoned Rural Areas. Per Section 1 0.2.2(4) May 10, 1995 SP-1994-040 - Special Use Permit - TMP 80-8Z 9Apt -Approved to amend SP-94-07 to allow modification of club facilities and one additional parcel. June 28, 1995 SP-1995-012 - Special Use Permit - TMP 80-8, 8C, 8CI, 8D2, 8D3, 8D4, 85, 8Z, 21A, 27, 29, 31, 41,41A, 43, 60, 60A, 61, 61A1, 62, 69, 70, 70A, 90, 93, 94, 95, 96, 97, 98, 100, 106,109A & TMP 94-42A - Approved request for division of land as provided in Section 10.5 to allow 30 more lots than the total number permitted under Section 10.3.1 and Section 10.3.2 on approximately 535 acres. October 18, 2000 ZTA approved to add the following to the Zoning Ordinance under Section 10.2.2 (27) Restaurants and inns that are: b. Nonconforming uses, provided the restaurant or inn is served by existing water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system. Amended 11-8-89; 10-18-00 April 18, 2001 SP-2000-033 - Special Use Permit - TMP 80-8, 8Z, 9, 61, 62, 62A, 62B, 62C, 62D, 70A, 90, 95, 96, 97, 98, 100, 106, 109A -- Approved to expand club facilities to add a swimming pool, tennis courts and clubhouse on 149.846 acres zoned Rural Areas. RE: specific improvements: was reviewed with SDP2000-63 (preliminary). 75 total guest rooms/units to be added. Phase I: 28 rooms to be added as a wing to the existing hotel, plus pool/poolhouse. (on TMP80-9). Phase II (TMP 80-8Z) described below: A future, second phase would be submitted with 18 months, according to the applicant. The second phase would include 47 guest suites within twelve two-story cottages separated from the inn by Club Drive. In addition to the hotel and cottage rooms, a one story banqueting pavilion with basement. two administrative buildings, a gate house, and a one story day spa would he constructed with Phase II. SP-2000-033 Room Count Estimate Existing Inn (from 48 rooms SDP2001-94 parking schedule) KESWICK TIMELINE OF EVENTS Phase I (wing) 28 rooms Phase 11 (cottages) 47 rooms TOTAL ROOMS 123 rooms February 5, 2002 SDP-2001-094 - Final Site Plan approved for Phase 1 consistent with approved SP plan. January 6, 2005 SDP-2004-101— Minor Amendment to above SDP to add two storage buildings 1 NW of spa/pool area and 1 S of existing Hall. February 4, 2009 SP-2008-042 — Special Use Permit AMENDMENT of SP2000-33 to change phasing and allow spa facility to be open to the public.. ADDED TO PHASE I: Larger spa facility (open to the public) with 13 treatment rooms (from Phase 11); two tennis courts near existing tennis courts. ADDED TO PHASE ll: 5 guest rooms from Phase I (split now 23 in Ph. 1/52 in Ph. 11). Lodging: The 28-room wing addition originally proposed in Phase I in SP2000-33 was replaced with 5 detached buildings with 4 guest rooms each, and one "Presidential Villa" with 3 guest rooms. Development must be in general accordance with the Train & Partners Architects + Mario di Valmarana plan. The new Phase I conflicts with the Phase 11 approved in SP2000-33, thus an amended SP with new plan will be required to build Phase 11 lodging per correspondence between Joan McDowell and Marilynn Gale. SP2008-42 Room Count Estimate Existing Inn (from 48 rooms SDP2001-94 parking schedule) Phase 1 (6 bldgs, 5 23 rooms rooms moved to Phase 11) Phase 11 (cottages, 5 52 rooms rooms added from Phase 1) TOTAL ROOMS 123 rooms May 25, 2010 SDP-2010-028 — Minor Amendment to add 2 new tennis courts approved in SP2008-42. December 2, 2011 SDP-2011-065 — Minor Amendment for spa/fitness addition approved in SP2008-42. unbuilt as of 10-31-2017 . KESWICK TIMELINE OF EVENTS Keswick Hall and Golf Club Project Narrative January 16, 2018, updated March 19, 2018 PROJECT PROPOSAL /nfroduclion 1912 On behalf of our client, Historic Hotels of Albemarle, LLC and Keswick Club, LLC (together, the "Applicant"), who are the owners of the resort commonly known as Keswick Hall and Golf Club, located at 701 Club Drive, in Albemarle County, Virginia (the "Property), we would like to request several amendments to SP-2008-00042, which would allow for improvements to the Property, as more particularly described below. The Property is further identified on Albemarle County Tax Maps as Parcels 08000-00-00- 008Z0, 08000-00-00-00900 and 08000-00-00-060A0 with a combined acreage of approximately 174 acres. The Property is part of the Rural Areas zoning district ("RA"). Within the RA zoning district, Clubs and Lodges; Swim Golf and Tennis Clubs; and Restaurants, Taverns and Inns are allowed pursuant to a Special Use Permit. This application is an amendment to the uses approved for the Property, pursuant to SP 2000-33 and SP 200842, with the primary purpose of this request being a relocation and reduction in proposed uses and impacts. Background Use of the Property as an Inn originated from the approval of a Special Use Permit in 1978, identified as SP-1978-76, which allowed an Inn, as well as several accessory uses, such as swimming pools and tennis courts, both of which may be open to the public without regard to whether users are patrons of the dining facilities or guests at the Inn itself. Since that time, the County has processed numerous applications related to the Inn, the residential subdivision surrounding the Inn, the Golf Club and Golf Course, and the private water and sewer system infrastructure associated with these various improvements. Albemarle County staff has provided a summary of the timeline of applicable applications, attached hereto as Exhibit B. The existing use of the Property is a 48-room Inn and Golf Course with supporting amenities, including: • Club House and Golf Course • Dining Options (Fossett's Restaurant and Club Grill) • Tennis Courts • Pools • Spa • Fitness Facility The two most recent legislative approvals for Keswick Hall and Golf Club include Special Use Permits SP 2000-33 and SP 2008-42, both of which permit the expansion of the 48-room Inn and Golf Club use, 75 additional guest rooms and related amenities, as well as restaurants and spas that are open to the public. Immediately prior to the submittal of SP 2000-33, representatives of Keswick submitted ZTA 1999-07, which was approved by the Board of Supervisors. ZTA 1999-07 added Section 10.2.2.27(b) to the Zoning Ordinance, which permits Restaurants and Inns in the RA district by Special Use Permit under certain circumstances: Restaurants and inns that are: (b) Nonconforming uses, provided the restaurant or inn is served by existing water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system. This provision was written specifically so that it would only apply to the Keswick Hall and Golf Club Property, because the Property did not qualify under subsection (a) of Section 10.2.2.27 as it was written at the time. It is through this provision (Section 10.2.2.27(b)), as well as the allowance of Swim, Golf and Tennis Clubs via Special Use Permit in the Rural Areas, that both SP 2000-33 and SP 2008-42 were approved. No other property in the Rural Areas operates a Restaurant or Inn pursuant to Section 10.2.2.27(b), thus creating a unique scenario for the Keswick Hall and Golf Club Property. SP 2000-33 includes Conditions of Approval as well as a Conceptual Plan, dated 12-18-2000, prepared by Roudabush, Gale & Associates (the "2000 Conceptual Plan"). The 2000 Conceptual Plan is attached as Exhibit C. Although phasing is mentioned in the staff report, no phasing is 2 shown on the 2000 Conceptual Plan or specifically delineated within the approved conditions. The 2000 Conceptual Plan shows an addition to the Inn, freestanding Cottages, a Banquet Hall, a Pool and Pool House, a Spa and several Administrative and Maintenance Buildings. The SP 2000-33 submittal package included a Traffic Study as well as information regarding the establishment and details of the Keswick Utility Company. This Special Use Perniit allowed for the construction of 75 additional guest rooms in addition to the existing 48 rooms in the Inn, for a total of 123 permitted rooms. SP 2008-42 amended SP 2000-33 with updated conditions and an additional Conceptual Plan prepared by Train and Partners (the "2008 Conceptual Plan") that is referenced within the conditions of approval. The 2008 Conceptual Plan is attached hereto as Exhibit D, and the approved conditions for SP 2008-42 are attached hereto as Exhibit E. The 2008 conditions of approval mimic those of SP 2000-33, although they also reference the 2008 Conceptual Plan, which generally shows the proposed Phase I improvements to the Property. The 2008 Conceptual Plan and conditions do not list any uses or breakdown of phasing, only buildings are shown. In SP 2008-42, which allowed for modifications to uses allowed within Phase 1, VDOT determined that by reducing the hotel room count of Phase 1 from 28 to 23, the traffic impact of the 13-room spa was mitigated, and the left tam lane on Route 22 was not needed for these Phase 1 improvements. The existing condition of approval regarding the approved restaurant and spa facilities states as follows: Except for any restaurant and spa on the property open to the general public, Keswick Hall and its associated facilities shall be used only by the guests of the inn and their invitees, and members of the Keswick Country Club and their invitees. It is important to note that neither the SP 200842 conditions of approval, nor the 2008 Conceptual Plan limits the size, number or location of any restaurant or spa on the Property. Overview gfProposal For a variety of reasons, including the economic recession that began in 2008, the previously designed and approved expansions of the Inn were not constructed. The Conceptual Plans approved with previous submissions were also overly specific, not allowing for the approved uses to shift in location within the site. The Applicant has engaged the architectural firm Hart Howerton, the landscape architecture firm Nelson Bryd Woltz, and the engineering firm of Timmons Group to create a plan for the addition of a new wing of guest rooms, an expansion of the existing fitness facility to include a relocated restaurant, a comprehensive renovation of the existing rooms and Inn and a parking lot reconfiguration including a second service entrance onto Keswick Road. The proposed new wing and expansions have been designed to be sensitive to the scale and siting of the existing building. The wing is sited in the same location as the expansion approved with SP 2000-33 and as shown on the 2000 Conceptual Plan. However, because the proposed improvements are not in the exact same location or format as the SP 2008-42 approvals 3 (including the 2008 Conceptual Plan), a new Special Use Permit amendment is required. We request approval of 38 additional guest rooms in Phase 1 for a total room count of 86 in Phase 1. As described earlier, the previously approved Special Use Permits for the expansion of the Inn allowed for a maximum of 123 rooms (48 existing plus 75 new rooms). Of these 123 permitted rooms, the 2008 SUP permitted Phase 1 to have 23 rooms, and for Phase 2 to have 52 rooms. This Application proposes that the maximum number of additional rooms permitted in Phase 1 be increased to 38 rooms, which would bring the total key count to 86 rooms. This request is an overall decrease of 37 rooms from SP 2008-42. This application includes the expansion of the Energy Plant building to meet capacity requirements for the new Guest Wing. This facility will increase in size by approximately 50%, as shown on the attached exhibits, to incorporate the necessary additional mechanical equipment. It is anticipated that the footprint will expand on the west side, toward the driving range, in similar scale and appearance to the existing structure. The envelope for the Energy Plant has been expanded slightly from the first submission to accommodate the additional mechanical equipment necessary for providing heating, cooling, fire protection, and technology support for the resort expansion. The proposed entry landscape adjustments will accommodate the necessary parking additions and better organize circulation between the Hall, Restaurant, and Club. A new entry drive alignment will simplify the guest arrival experience to bring vehicles primarily to the Hall, with fewer crossing drives. A proposed access point north of the Energy Pavilion will allow service and maintenance vehicles more direct access to the Club, and provide a secondary entry/exit for members. The central parking layout is intended to highlight the natural character of the Keswick landscape, incorporating pervious surface materials, canopy trees, and native vegetation, while providing additional parking capacity and improved circulation. The parking lot configuration has been adjusted from the initial submission to preserve key specimen trees at the landscape arrival, and better organize the vehicular and pedestrian circulation. Minor adjustments to the site paths needed to improve guest circulation have been represented as well. These changes are all per Nelson Byrd Woltz's landscape plan recommendations. Currently, Keswick Hall and Golf Club has approximately 182 existing spaces. This application and project would include the addition of 46 - 64 spaces for a total of 228 - 246 spaces. The additional spaces exceed the County's requirement of one space per each new room, given we propose a maximum of 38 new keys. The new Maintenance and Laundry Building sited near the Tennis Courts will relocate those same functions which are currently carried out in the existing Inn, and a separate maintenance structure, and are being displaced by the renovations and the new Guest Wing. Maintenance includes a workshop for repairs to the Inn, and the Laundry will handle guest linens currently processed in the basement of Keswick Hall. The facility will be an unobtrusive one-story building set in the landscape. 4 The new restaurant, located in an expansion of the Club House, will match the existing capacity at Fossett's Restaurant, with a maximum of 165 seats. The existing Fossett's space will be converted to common area/living area for the Inn. The Villa Crawford Bar will continue to provide drinks and a limited menu, serving the same function as the space prior to the commencement of renovations. Although Keswick Hall is not listed as an individual resource on the State Historic Register, the Property is listed as a contributing resource to the Southwest Mountains Rural Historic District at the time the district was created in 1991. In SP 2000-33, staff discussed whether the renovations to the Property had impacted its contributing status. The Property was listed as contributing because of the Mediterranean style of the architecture and the fact that a portion of the building known as "Villa Crawford" was designed by Eugene Bradbury. No interior elements were considered. While Villa Crawford is part of the Southwest Mountains Rural Historic District, the Villa is not protected or specifically historic as it exists today. Of the 58,000 square feet in Keswick Hall, only 11,000 square feet (19%) are in the "original" Villa Crawford building, which is the wing adjacent to the horizon pool. During either the original addition, circa 1993, or prior to that, most of the original finishes had been replaced, and at least some the interior was modified to accommodate that addition. Additionally, the location of the new wing is proposed for the opposite side and newer portion of the structure, and is designed to be subordinate to the existing Inn as it steps down the hill. The proposed renovation and expansion seeks in every possible way to complement Keswick Hall, to honor the traditions of Virginia hospitality, and to celebrate the unique heritage of this hotel. The architecture and character of the renovation is meant to highlight that history, while recognizing that the story of Keswick is defined by many incremental improvements and additions over time, adapting the Property to each generation of guests and members. This Application proposes to write the next chapter in that long legacy. The proposed renovation and addition will involve subtle modifications to the building envelope, exactingly executed in the spirit of Eugene Bradbury's Mediterranean -influenced style, to allow for more a comfortable guest experiences. This will help to ensure the financial success of the hotel, which is critical to preserving and maintaining Keswick for future generations. The Applicants are committed to being respectful, long-term stewards of the Property, and will endeavor to ensure the integrity of this significant Albemarle County property. The Applicant proposes numerous improvements to the Property, as described below and as shown on Exhibit A, attached. Allowed pursuant to SP 2008-42: • Comprehensive Renovation of the existing Inn • Installation of a Pool Pavilion • Expansion of Energy Plant Requested Amendments to SP 200842: • Construction of anew wing with a net increase of 38 guest rooms, for a total of 86 rooms • Freestanding Spa with 8 Treatment Rooms (this is a reduction from the 13 treatment rooms previously approved per SP 2008-42). This is a net increase of Treatment Rooms, as 4 exist in the current Fitness Facility. • Clubhouse Expansion o Restaurant (Replacement of Fossett's): 165 total seats, including bar and outdoor seating — approximately 2,800 SF of dining area o Relocation of existing Fitness —either to lower level of clubhouse or to spa facility. • Realignment of entry road, reconfiguration of parking and drop-off areas, site landscape improvements, pool, and necessary infrastructure repairs and upgrades • Laundry and Maintenance Facility • New Service entry off Keswick Road near the energy plant. CONSISTENCY WITH COMPREHENSIVE PLAN The Property is designated Rural Areas in the Comprehensive Plan, and is surrounded by the Golf Course, the Keswick Hunt Club and residential lots. Keswick Hall is a unique architectural and cultural asset within Albemarle County's Rural Areas. The Property is recognized as a long- standing existing facility. The Property supports the regional economy through the employment of over 200 full and part-time employees. The Applicants estimate that the proposed expansion and renovation will result in an additional 148 employees, for a total of approximately 348 employees. Keswick Hall and Golf Course also provides significant contributions to the County tax base with over $600,000 paid in property, lodging and meals taxes annually. The total projected annual tax revenues for the project with the proposed expansion are over $1.5 million. Keswick Hall also contributes approximately $20,000 in donations to the Thomas Jefferson Foundation annually in the form of a donation for each rented room. This number would double to approximately $40,000 per year with the additional rooms in the new Guest Wing. The Property attracts tourists from all over the world and raised Albemarle County's profile within the tourism community. The Keswick Hall venue allows tourists, visitors and club members an immersive experience in the rural landscape of Albemarle County, thus fostering the protection and enjoyment of such areas consistent with the Comprehensive Plan. IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE An updated Traffic Study by Timmons Group is included with this Application. The updated study is supported by the Traffic Studies and data that were provided in 2000 and 2008. The study concludes that the proposed expansion of the Inn will not result in any significant impact to the area roadways and intersections. Traffic data was collected in November, 2017 to analyze the existing volumes and capacity of nearby intersections. The study also analyzed whether the proposed expansion of the Inn would create any impacts to the roadway network. With the proposed 38 additional hotel rooms and a new spa (net increase of 4 treatment rooms), the 0 updated traffic study confirms that all surrounding intersections would continue to operate at a Level of Service (LOS) C or better. In fact, the intersection of Club Drive and Black Cat Road continues to operate at a LOS A, even with the expansion. The north/south movement of Louisa Road is maintained at a LOS A and the Westbound approach from Hunt Club Drive continues to operate at a LOS C, both with minimal queuing. In fact, left turns will wait less than I second and will experience a 1-foot queue before being able to turn onto Hunt Club Road. The traffic study confirms that no new turn lanes or tapers are warranted for the uses proposed with this Special Use Permit request. Timmons Group also studied the existing Water and Wastewater Treatment Facilities to confirm that the proposed expansion of the Inn would not exceed the capacity of the existing systems. With 86 total rooms, Keswick Inn remains under the threshold of the existing facility, with a maximum capacity of 76,000 gallons per day. The previous submittal included a summary of the study, however this submittal includes the fully updated Water and Waste Water Facilities Plan, prepared by Timmons Group, is attached as Exhibit G. The previous report had a slightly different number of rooms proposed, however the updated report is consistent with this application and draws the same overall conclusions. IMPACTS ON ENVIRONMENTAL FEATURES Because the proposed location of the new wing of guest rooms and new restaurant are within the immediate vicinity of the existing Inn and Clubhouse, impacts to environmental features are minimized. All new buildings, such as the Spa and Laundry/Maintenance Facilities are kept out of sensitive areas of the site including the stream buffer. The Special Use Permit Plan, showing the general location of proposed uses, includes a delineation of the stream buffer area. An Illustrative Plan and Conceptual Grading has also been included to provide supportive, non- binding, documentation. By containing the proposed additions within a limited area of the site, the remainder of the land can be left as golf course area and open space to be enjoyed by the community. List of Exhibits: Exhibit A 2018 Keswick Conceptual Development Plan, updated March 2018 Exhibit B Keswick Timeline of Events (from Albemarle County Staff and previously submitted) Exhibit C SP 2000-33 Conceptual Plan, dated 12-18-2000 (previously submitted) Exhibit D SP 2008-42 Conceptual Plan, Phase I (previously submitted) Exhibit E SP 200842 Conditions of Approval (previously submitted) Exhibit F Traffic Study, dated January 15, 2018 (previously submitted) Exhibit G Timmons Group Water and Waste Water Facilities Plan, dated December I, 2017, updated March 19, 2018 351320154 BUILDING KEY M Name 1 Keswick Hall 2 Horizon Pool & Bar 3 Restaurant & Flex Space 4 Golf Club 5 Expanded Energy Plant G +38 Room Guest Wing 7 Admin. Buildings 8 Spa and Fitness 9 Pavilion 10 Staff House II Maintenance & Laundry i........... 1........... I..... 0 200 V=200' at8.5"x11" 400' HART yHOW E RTON Keswick l lllll & Golf Club Special -Use Permit Plan ..... .116rrnurlo Cnuntyt 14ronia Mumh 2018 -'L BUILDING KEY # Name y 1 Keswick Hall 7 f 2 Horizon Pool & Bar �6 3 Restaurant & Flex Space Po 4 Golf Club O S Expanded Energy Plant 6 +38 Room Guest Wing 7 Admin. Buildings 8 Spa and Fitness 9 Pavilion 10 StaffHouse 11 Maintenance & Laundry ` 9 111 \ 10 100,a�B l \ J J � O I ........... I ........... I ........... I ........... I 0 200 400' 1" = 200' at 8.5"x Il " �(JG L6] OTC �r�a11,Na�l all1 , HAFT...... ON Keswick Ilan & Golf Club PrO nlinnr% Grading Plan (2) . ,... .. ... .... .,. _ I/brow rh Cuuul r. Virginia >larch':Illfl- , BUILDING KEY Y Name G 1 Keswick Hall 7 2 Horizon Pool & Bar �t5 3 Restaurant & Flex Space o 4 Golf Club O 5 Expanded Energy Plant 6 .38 Room Guest Wing 7 Admin. Buildings 8 Spa and Fitness 9 Pavilion 10 Staff House 11 Maintenance & Laundry O 25%Slopes Note: Critical slopes adjacent to Keswick Hall and Keswick Golf ' Club are a product of the original construction of those buildings and thus are man-made slopes. o2a Impacted Slope Area: 200 SF O 10 O I ...... ..... I ........... I ........... I ........... I 0 2,09 400' 1" = 200' at 8F"x4J"1 IJ iy Impacted Slope Area 1,000 SF _ O 2 Ir i 1f 1 O p Impacted Slope `6% Area: 3,000 SF ��6 © II Otv4e Fa`t,�a`I 100•yfi O 1ti !—Impacted Pao 11L Slope Area: Beryej 1 I 1,000 SF Note. Critical store, data from AlGemarle County GIS CIS HART HOWERTON �..r. ........,, Kesvvick [full & Go1PClub Steep Slopes (-25%) : Ube mnrir Counr. 1'irXinin March 20111 o BUILDING KEY Y Name 1 Keswick Hall 2 Horizon Pool & Bar 3 Restaurant & Flex Space 4 Golf Club 5 Expanded Energy Plant 6 .38 Room Guest Wing 7 Admin. Buildings 8 Spa and Fitness 9 Pavilion 10 Staff House 11 Maintenance & Laundry CDi........... I ........... I ........... I ........... I 0 200 400' 1" - 200' at 8.5"x Il " III HART HOWERTON " �•^ tieswic•k Hall & Golf Club Illustrative Site Example . ... .. . ..... .. ... 11 :Illx•marlr Cut nl r. i'irAinin Vnrch YIIIN-a �rw ��,yEt� 9� t� r• COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax (434) 972-4126 February 27,2018 Re: SP20180001 Keswick Hall and Golf Club; Traffic Analysis Comments Albemarle County Community Development has determined that the proposed plan would generate a level of traffic that requires a left turn lane on Louisa Road (Route 22) at Hunt Club Drive. The basis for this determination are the following factors: The traffic volumes expected in 2019, including existing (based on November 2017 traffic counts), expected background growth, and site generated traffic from the new 38 hotel rooms and four additional spa treatment rooms appears to be at, above, or within a fraction of trips that would warrant a left -turn storage lane. Figure 14 of the Keswick Hall Traffic Analysis appears to display this for the AM Peak Hour. Even if below the level that would require left -turn storage, the county believes that the traffic levels displayed in the Analysis are unrealistically low resulting from exceptionally low traffic counts and an extremely conservative estimate of site -generated trips. County staff checked the existing traffic counts performed for this analysis against the existing counts performed in 2000 for a previous application on the site. The traffic levels counted in that study show that of the six movements, five in the AM and three in the PM, exceeded those in the current analysis. All movements in the previous count on to or off Hunt Club Road, in both the AM and PM, except one (which was under by one), exceeded the current count. The most reasonable explanation for this discrepancy is that the number of visitors to the club were less than typically expected, and less than will be expected following the extensive renovations of the property proposed along with this application. A reason for this discrepancy may be the time of year as well as that the counts were taken only a month and a half before the closure of Keswick Hall for a yearlong renovation, a time when visitation would likely be winding down. Supporting this conclusion is the water consumption report provided with the Special Use Permit application, which shows that water consumption in 2017 was approximately half of what it was in 2016 and 2015. Further supporting this is that the applicant made the County aware that visitation to Keswick and memberships have been on a steady decline, which is why ownership proposes this complete remodel of the property. To further verify this, staff looked at ITE trip generation estimates for similar uses as proposed for the site. The PM peak hour trips estimated for an 86-room hotel, 18-hole golf course, 8-court Racquet Club, and a 165-seat restaurant far exceed the PM peak hour trips provided in the study as 2019 Total Traffic in Figure 8. The level of redevelopment proposed for Keswick Hall could generate a similar number of trips to those that a new development of this type would generate, making this estimate appropriate. These estimates generated by the County do not account for the single-family residential uses accessed from Hunt Club Road, nor does it account for additional uses at Keswick Hall such as the aquatics center, full spa, event space, or the additional bar and grill seats scattered throughout the site. The crash history at the intersection of Louisa Road and Hunt Club Road shows nine crashes attributable to turning movements onto Hunt Club Road in the past five years. This number concerns the County enough to warrant the recommendation for inclusion of the left -turn lane at the described location. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper Vapinla 22701 Stephen C. Brich, P.E. Commissioner April 12, 2018 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Megan Nedostup Re: Keswick Hall & Golf Club — Special Use Permit SP-2018-00001 Review #2 Dear Ms. Nedostup: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan and accompanying traffic study dated 19 March 2018, and offers the following comments: • The Department has reviewed the TIA for the studied intersection in addition to a memo dated 28 March, 2018 containing additional comments on the crash history and associated FR-300 Crash reports. • The above referenced memo does not meet VDOT's standard criteria for an intersection safety study. Most notably, the memo does not compare the crash history to other similar intersections as a basis of comparison and does not appear to consider the severity of the crashes. If the county would like VDOT to perform a safety study, the scope and schedule for it can be discussed separately. • Although the proposed development does not trip the left turn lane warrant, and the study suggests there will be little or no operational concerns (congestion/delay), the estimated traffic does lie very near the warrant line plot. To demonstrate, a future increase from the expected 309 VPH southbound to 375 VPH would trigger the turn lane warrant. This informs and contributes to the Department's recommendations. • The intersection's position on the District's PSI (Potential for Safety Improvements) Top 100 list and its crash history suggest that regardless of additional development safety improvements should be considered at some point in the future should funding become available. • The Department recommends that a left turn lane and right turn taper be installed at the intersection of Route 22 and Route 744. This recommendation is based on the intersection's position on the District's PSI Top 100 list, a review of the applicable crash history, and the expectation that additional traffic added to the intersection will likely result in an increase in crashes. VirginiaDOT.org WE KEEP VIRGINIA MOVING April 12, 2018 Megan Nedostup Page 2 If further information is desired, please contact Adam Moore at 434-422-9782. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the Charlottesville Residency Transportation and Land Use Section at (434) 422-9399 for information pertaining to this process. Sincerely, t 1.1 q �au, Adam J. Moore, P.E. Area Land Use Engineer Charlottesville Residency VirginiaDOT.org WE KEEP VIRGINIA MOVING WILLIAMS MULLEN March 19, 2018 Megan Nedostup Albemarle County Department of Community Development Via: Hand Delivery RE: SP 2018-001 Keswick Hall and Golf Club Ms. Nedostup: This comment response letter covers staff comments dated March 2, 2018 for the initial submittal for a special use permit amendment to the Keswick Hall and Golf Club (SP2000-23 and SP2008-42). 1. Section 10.2.2.27(b) of the Zoning Ordinance, which requires the Inn to be served by a water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system. An updated Water and Waste Water Facilities Plan has been provided with this submittal. Concurrent with the expansion of the Inn, the applicant intends to expand the water system capacity through the addition of a well, pump and storage tank, thus ensuring capacity for all residential lots as well as the Inn and Golf Club uses. Timmons Group studied the existing Water and Wastewater Treatment Facilities to confirm that the proposed expansion of the Inn would not exceed the capacity of the existing systems. With 86 total rooms, Keswick Inn remains under the threshold of the existing facility, with a maximum capacity of 76,000 gallons per day. The previous submittal included a summary of the study, however this submittal includes the fully updated Water and Waste Water Facilities Plan, prepared by Timmons Group, is attached as Exhibit G. The previous report had a slightly different number of rooms proposed, however the updated report is consistent with this application and draws the same overall conclusions. Will there be a future phase? The prior SP's included two phases, however it now appears that this will be the extent of the expansions for the Inn and associated uses. Please clarify for both the uses and for the water and sewage information. No second phase is planned at this time, however we want to maintain reference to the banquet hall and additional rooms that were approved for Phase 2 in previous amendments dating back to 2000 with the understanding that additional development would require a WILLIAMS MULLEN future amendment to the Special Use Permit's Concept Plan. 3. A left turn lane and right turn taper at the Route 22/1-lunt Club Road intersection will be required due to the changes requested to the property. See attached comments from VDOT and the County Transportation Planner for further detail. As discussed in our meeting with staff on March 12, the TIA concludes that neither a left nor a right turn lane are warranted based on the uses proposed and the resulting minimal increase to traffic in the area. All intersections continue to function at the some high levels of service, with Route 22 and Hunt Club Road continuing to operate at a Level of Service C and Black Cat Road and Club Drive continuing to operate at a Level of Service A. The study also confirms that queuing or delays are minimal to none. The Inn and Golf Club are both off peak uses, with multiple access points from Route 22, Keswick Road and Black Cat Road. With a majority of Inn guests arriving from the South, the recommendation that this applicant should be tasked with providing such expensive and unnessecary improvements that are unrelated to any impact of their uses is inconsistent with the standard of review for a Special Use Permit. As we demonstrated in the March 121 meeting, the crash history data shows that several of the noted crashes in this general area are not related to turn movements at the intersection. Regardless, 9 crashes over 5 years in the general area is very low by VDOT standards. In the meeting, VOOT confirmed that this crash history would not warrant the investment of any VDOT funds in the intersection. In addition, Route 22 is a scenic byway and part of the Southwest Mountains Rural Historic District. Residents of this area are extremely opposed to any road widening in this area, including new turn lanes, that would impact the bucolic character of the surroundings. For these reasons, the applicant is not including turn lanes on Route 22. 4. Clarify and include all existing and proposed uses and spaces. The water usage table provided included a Cafe/Retail space as well as Villa Crawford Bar Addition. Will these be open to the public? Also during the tour it was mentioned that the old Fossetts kitchen will be remodeled and used as a catering kitchen, provide this use as well. Please see historic preservation comments for information on remodeling the historic portion of the Inn. Villa Crawford Bar will continue to operate in its some general location in a renovated space, serving drinks and lite fare. This existing use is intended to primarily serve guest of the Inn, but it remains open to the public, consistent with prior to the start of renovations of Keswick Hall. The Cafe/retail space is for guests only, similar to a small inn gift shop. All uses are covered within the updated Water and Waste Water Facilities Plan, included. 5. SP2008-042 Condition #3 was related to future subdivisions as it relates to water usage. The lots that would relate to this condition should be a part of the special use permit, as it limits water and sewage capacity. WILLIAMS MULLEN Condition #3 was originally established through SP 2000-33. Our current submittal is consistent with SP 2008-42 in which no additional lots were included in the request. While water usage is studied for all of the lots within the Keswick subdivision, the uses associated with this Special Use Permit only apply to TMP 80-8Z, 80-9 and TMP 80-60A. 6. The critical slopes shown on the application Steep Slopes exhibit do not match the County GIS critical slopes layer. Please update exhibit to show the critical slopes as shown on the County GIS layer. This is a zoning layer and cannot be changed without a Zoning Map Amendment. Areas that are surveyed and found to be less than 25% or resulting from development activities can be identified with a different hatch to allow development within these areas in accordance with 18-4.2.5.b. All grading within critical slopes should be included in the area of impacts (please confirm). Critical slopes and conceptual grading have both been updated. A detailed critical slopes waiver request will accompany our site plan review process. Planning Comprehensive Plan. Comments on how your project conforms to the Comprehensive Plan will be provided to the Planning Commission and Board of Supervisors as part of the staff report that will be prepared for the work session or public hearing. The proposed expansion is not consistent with the Comprehensive Plan, which does not recommend hotels or resorts in the County's designated Rural Areas. However, staff notes that this use was approved with prior special use permits. Keswick Hall is consistent with the Comprehensive Plan's goals to promote economic development and tourism within the County. In addition, the expansion of Keswick Hall allows for the renovation and maintenance of the entire structure, including the Villa Crawford wing. As stated in our narrative, properties such as Keswick Hall allow visitors and County residents to have an immersive experience in the Virginia countryside, creating new advocates for protection of our rural areas. Planning Comments 1. Changes to the site including parking will require a site plan amendment. These changes should also be stated in the narrative, as they are changes to the application plan. The narrative has been updated to include changes to the parking lot. 2. Provide information on parking requirements for all of the uses. Parking information has been added to the narrative. Specific parking layouts and counts will be included in the site plan review process. WILLIAMS MULLEN 3. See attached comments from Kevin McDermott regarding transportation. Noted. Fire/Rescue Staff is pursuing further comments from Fire/Rescue and will provide those comments at a later date. Noted. Zoning The following comments related to zoning matters have been provided by Andrew Knuppel: 1. Please ensure that the water uses outlined in Exhibit G are consistent with the information in the Project Narrative. It is unclear where the "Cafe/Retail" and "Villa Crawford Bar Addition" uses in Phase 1A are occurring on the provided plans. Please include these on the concept plan. Villa Crawford Bar area is being reconfigured within the Villa Crawford wing of Keswick Hall, consistent with the current general location. The full water report has been attached for staff review and in consistent with all existing and proposed uses. 2. Please clarify which uses listed in Phase 1A in Exhibit G will be open to the public, versus those that shall be used only by the guests of the inn and their invitees or members of the Keswick Country Club and their invitees. The relocated Fossett's restaurant will be open to the public, consistent with the existing restaurant and previous approvals. The proposed Spa facility will be open to the public, as approved in SP 2008-42. All other facilities and uses are for members of the Golf Club or Guests of Keswick Hall. 3. Please be aware of the following text from Zoning Ordinance Section 10.2.2.27(b): "Nonconforming uses, provided the restaurant or inn is served by existing water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system." Noted. Water capacity is available to serve the restaurant and inn uses as required by the referenced text. Engineering and Water Resources The following comments related to engineering and water resources have been provided by Frank Pohl: The critical slopes shown on the application Steep Slopes exhibit do not match the County GIS critical slopes layer. Please update exhibit to show the critical slopes as shown on the County GIS layer. This is a zoning layer and cannot be changed without a Zoning Map Amendment. Areas that are surveyed and found to be less than 25% or WILLIAMS MULLEN resulting from development activities can be identified with a different hatch to allow development within these areas in accordance with 18-4.2.5.b. All grading within critical slopes should be included in the area of impacts (please confirm). Updated exhibits with conceptual grading and conceptual impacts are attached. More detailed exhibits will be provided with the Critical Slopes waiver that accompanies the Site Plan review process. Notes from the pre -application meeting follow below: Critical slopes waivers were granted with SP 2000-33 for improvements shown on the plan approved with the SP. However, some of the improvements were approved in a different location with SP 2008-42 which nullified some of the approvals provided with SP2000-33. Staff recommends that you avoid critical slopes or provide field run topo to show the slopes are not critical. If you can't avoid the slopes, you will need to request a special exception. Staff recommends that you request a special exception for critical slopes disturbance for all slopes that you wish to disturb rather than try to figure out what slopes have and have not been approved for disturbance. Critical slope disturbance on manmade slopes outside of the required stream buffer can be supported. Staff can typically support approval of critical slopes that are isolated small bands not part of a larger system or related to a stream. Noted. The Water Protection Ordinance was last amended on July 1, 2014. Any new development must comply with the current ordinance, including stream buffer regulations (17-600). A VSMP application/approval is required and shall comply with Part 2B stormwater management requirements (9VAC25-870). Noted. It is acknowledged that the plan must adhere to the Water Protection Ordinance, including stream buffers and Part 28 stormwater management requirements. Regarding stream buffers, the spa location that is being shown will adhere to being setback 100' from the stream and any contiguous wetlands. Those details will be provided with the site plan amendment application. Additionally, the team is currently studying low impact techniques for stormwater and is anticipating a greater amount of treatment on site, then would be required, capitalizing on runoff reduction methods to assist with water quality and flow reduction. Historic Preservation The following comments related to the Historic Preservation have been provided by Heather McMahon: The DHR report that the interior and exterior of the Villa Crawford retain a significant degree of integrity and should be preserved and/or sensitively restored. Rehabilitation or remodeling of this wing of the hotel should be limited and undertaken in consultation WILLIAMS MULLEN with the Secretary of Interior's Standards for the Treatment of Historic Properties. Architectural features such as the windows and doors should be replaced in like materials with the same/original configuration of lites; the interior wood flooring should be protected; the interior detailing, such as fireplace mantles, stair balustrade and rail, wainscoting, paneling, dentilated cornice, scroll brackets, door surrounds, and window frames should be preserved in situ. The Villa Crawford retains its original floorplan (room layout) and this should continue to be preserved. As previously established, no part of the project is subject to specific historic protections due to the extensive renovations and expansion completed in the 1990's. However, the proposed renovation and addition seek to preserve the historic quality, character, and key detailing of the original 'Villa Crawford' wherever possible, and only perform select, critical modifications to the space necessary to achieve a standard of guest comfort and operational viability needed for the success of the hotel. The addition to the building will be of a like style and architectural character, with complimentary massing that respects the existing Hall as the primary, grand villa of Keswick. VDOT The following comments have been provided by Adam Moore: 1. The department has reviewed the TIA and studied crash data for the studied intersections. At this time the Department recommends that a left turn lane and right turn taper be installed at the Route 22/Hunt Club Road intersection. This intersection has a history of rear end crashes, which could potentially increase with greater traffic generated by Keswick Hall. The turn lane and taper can reasonably be expected to reduce the incidence of rear end crashes. As discussed in our meeting with staff on March 12, the TIA concludes that neither a left nor a right turn lane ore warranted based on the uses proposed and the resulting minimal increase to traffic in the area. All intersections continue to function at the same high levels of service, with Route 22 and Hunt Club Road continuing to operate at a Level of Service C and Black Cat Road and Club Drive continuing to operate at a Level of Service A. The study also confirms that queuing or delays are minimal to none. The Inn and Golf Club are both off peak uses, with multiple access points from Route 22, Keswick Road and Black Cat Road. With a majority of Inn guests arriving from the South, the recommendation that this applicant should be tasked with providing such expensive and unnessecary improvements that are unrelated to any impact of their uses is inconsistent with the standard of review for a Special Use Permit. As we demonstrated in the March 121 meeting, the crash history data shows that several of the noted crashes in this general area are not related to turn movements at the intersection. Regardless, nine crashes over five years in the general area is very low by VDOT standards. In the meeting, VDOT confirmed that this crash history would not warrant the investment of any VDOT funds in the intersection. In addition, Route 22 is a scenic byway and part of the WILLIAMS MULLEN Southwest Mountains Rural Historic District. Residents of this area are extremely opposed to any road widening in this area, including new turn lanes, that would impact the bucolic character of the surroundings. For these reasons, the applicant is not including turn lanes on Route 22. Virginia Department of Health (VDH) The following comments have been provided by Josh Kirtley: VDH does not have authority over the permitting process for any additional connections made to an existing DEQ permitted treatment system. At this point, it's a matter of ensuring that both the water and wastewater supplies have adequate capacity for the proposed expansion. The applicant has provided a report which lists the water capacity at 76,000 gpd and the sewage treatment plant capacity to be 60,000 gpd. The report goes on to estimate the water demands after Phase IB of this project to be 74,300 gpd. At first glance, it appears that the water supply demand will exceed the sewage treatment plant capacity. I would question how much of the current and estimated water use is used for irrigation, pool filling, etc and therefore never makes it to the treatment plant in the form of sewage. Taking into consideration the existing water use and the proposed additions, along with the permitted capacity of the STP, I would tend to think that they should be able to justify the proposal with further correspondence. I say this because they appear to be well under the permitted capacity based on a peak daily average and I'm assuming that a certain portion of the water that is used never makes its way to the STP. I also believe that they can itemize the additional uses to justify the expanded services. Please note that the projected water use and wastewater treatment capacity doesn't appear to take into consideration any future development on the property. Noted. The full utility report has been included with this submittal. Water supply demand and permitting is based on the peak flow necessary, while sanitary permitting is based on the average flow. This is further discussed in the updated Water and Wastewater Report (included), as the uses and their impact on both the existing water and sewer system are defined. The existing water and sanitary systems have available capacity to support this Special Use Permit request. SP Conditions Staff has not drafted conditions to date for this special use permit, due to the potential changes that need to occur and additional information requested. Once conditions are drafted, staff will send it out to you. Noted. WILLIAMS MULLEN Thank you for your assistance with these applications. Please let us know as soon as possible if there is any other information that you require to address your comments. Sincerely, Valerie Long Enclosures cc: Keswick Club LLC Ashley Davies, Williams Mullen 35820711_1 1001 Boulders Parkway TIMMONS GROUP Suite300 YOUR VISION ACHIEVED THROUGH OURS. Richmond, VA 23225 To: Kevin McDermott (Albemarle County) From: Steve Schmidt, PE, PTOE RE: Keswick Hall Traffic Analysis — Response to VDOT and County Comments Date: March 20, 2018 Copy: Craig Kotarski, PE, LEED AP (Timmons Group) P 804.200.6500 F 804.560.1016 www.timmons.com Timmons Group completed a traffic study for the proposed Keswick Hall project which was submitted on 1/15/18. The study shows that a right turn lane or taper is not warranted at the Louisa Road/Hunt Club Road intersection. The study shows that under total conditions, the VDOT nomographs indicate a left turn lane is marginally warranted. However, the necessity of the left turn lane is questionable based on the following: o The percentage of left turns (2.5%) is well below the 5% threshold of the chart; however, the 5% chart is the lowest warrant chart provided by VDOT. o The southbound thrudeft lane would operate at an LOS A with 0.7 seconds/vehicle of delay and a 95" percentile queue of 1 foot. In short, left turns will wait less than 1 second and will experience a 1-foot queue before being able to turn onto Hunt Club Road. After reviewing the study, both Albemarle County Staff and VDOT are recommending turns lanes at the Louisa Road/Hunt Club Road intersection. A copy of the County and VDOT comments is attached for reference. The recommendations center around two main points. The first is that the existing traffic counts used in the study are lower than previous counts and may not accurately depict the traffic at the intersection. The second comment is that there is a history of rear -end crashes at the intersection and the turns lanes "can reasonably be expected to reduce the incidence of rear end crashes" These items/comments were discussed at a meeting with VDOT and County staff on March 12, 2018. CIVIL ENGINEERING I ENVIRONMENTAL I SURVEYING I GIs I LANDSCAPE ARCHITECTURE I CONSTRUCTION SERVICES Keswick Hall —Traffic Analysis Response to Comments March 20, 2018 Page 2 of 3 Taking the comments one at a time: 1. The existing traffic counts at the Louisa Road/Hunt Club Road intersection were conducted in November 2017 less than two months prior to the club closing for renovations. The County compared these to previous counts collected in 2000 (i.e. 17 years prior). The County also commented that the trip generation estimates contained in the study were "extremely" conservative. In response, we offer the following: • While this this comparison revealed higher left/right turn volumes at the subject intersection in 2000, the age of the data calls into question it's validity. • The November 2017 counts, on which this work is based, were conducted in accordance with all VDOT and County guidelines. Similarly, the trip generation was completed in accordance with all guidelines. Both of these items were agreed upon at the scoping meeting with representatives from the County and VDOT. • If the traffic entering/exiting Hunt Club Road was 100% higher (double what was counted/forecasted), analysis shows a delay of only 1.3 seconds per vehicle with a queue of 3 feet; if the counts are low, the analysis indicates left turns onto Hunt Club Road will operate with approximately the same amount of delay and queue. The right turn is unopposed and will not experience any delay. The discrepancy in the counts does not impact the analytical results and does not indicate the need for turn lanes. The crash history at the intersection indicate the presence rear -end crashes. VDOT states, "this intersection has a history of rear end crashes, which could potentially increase with greater traffic generated by Keswick Hall. The turn lane and taper can reasonably be expected to reduce the incidence of rear end crashes" The County states, "The crash history at the intersection of Louisa Road and Hunt Club Road shows nine (9) crashes attributable to turning movements onto Hunt Club Road in the past five years. This number concerns the County enough to warrant the recommendation for inclusion of the left -turn lane at the described location." In response, we offer the following: • Timmons Group examined the publicly available crash data (VDOT Tableau) for the last six years (2011-2017) and identified 11 rear -end crashes at the intersection. We have requested the police reports (FR-300s) from VDOT to perform a more detailed analysis of the causes surrounding those crashes, but have not received that information to date. However, based on the publicly available data, three (3) of those crashes are attributable to causes other than traffic entering/exiting Hunt Club Road and would not have been correctable by turn lanes. One (1) was caused by a dog running into the road, the second was caused by a vehicle travelling well below the speed limit outside the intersection's functional area, and the third was the result of a vehicle stopped for another accident. Keswick Hall —Traffic Analysis Response to Comments March 20, 2018 Page 3 of 3 Removing the three (3) aforementioned crashes leaves eight (8) rear end crashes over a six -year period. At this time, we are unsure of the direction the vehicles involved in the remaining crashes were traveling or the surrounding circumstances. The requested FR- 300 police reports should provide this information, which is vital to understanding if/how the turn lanes will address the intersection's crash history. Eight (8) crashes in six (6) years does not constitute a crash history; on average that is just over one (1) crash per year. • At the meeting on March 12", both VDOT and the County indicated that neither agency has plans to install turn lanes at the subject intersection to address the existing concerns. Should you have any questions or comments please contact me (804.200.6502) or Scott Dunn (804.200.6955). COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 June 22, 2018 Williams Mullen C/O Valerie Long 321 E. Main Street, Suite 400 Charlottesville, Va 22902 RE: SP201800001 Keswick Hall and Golf Club Dear Ms. Long, The Albemarle County Planning Commission, at its meeting on May 22, 2018, by a vote of 6:0 recommended approval of the above -noted petition to the Board of Supervisors. Please note that this recommendation is subject to the following conditions: 1. Development and use shall be in general accord with the conceptual plan titled "Keswick Hall & Golf Club Special -Use Permit Plan" prepared by Hart Howerton and dated March 2018 (hereafter "Conceptual Plan"), and narrative title "Keswick Hall and Golf Club Project Narrative" (hereafter "Narrative"), dated January 16, 2018, updated March 19, 2018, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Conceptual Plan and described in the Narrative: a. location of buildings and structures b. location ofparking areas c. 38 additional guest rooms for a total of 86 rooms d. 4 additional spa treatment rooms for a total of 8 treatment rooms e. 165 seat restaurant f. 10 seat Villa Crawford Bar g. 20 seat pool bar and restrooms Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. Pursuant to road plans approved by the Virginia Department of Transportation ("VDOT" ), the Owner shall construct right turn taper and left turn lane at the intersection of Route 22 and Route 744. These improvements must be completed to the satisfaction of VDOT's Charlottesville Residency Administrator prior to the issuance of the building permit for the additional Guest Wing, as shown on the Conceptual Plan. 3. The restaurant, tavern, and inn and accessory uses shall not consume water in excess of existing permitted capacity of the existing water system (76,000 gallons per day) and sewage system (60,000 gallons per day). If the central water or sewerage system must be expanded to meet existing or future demand for residential users, the applicant shall seek and obtain all necessary approvals for expanding the system from the Virginia Department of Health, the Virginia Department of Environmental Quality, and the Albemarle County Board of Supervisors. Any expansion of the central water or sewerage system to meet existing or future demand for residential uses shall be solely for the use of residential users. 4. The applicant shall seek and obtain all necessary approvals by the Virginia Department of Health, Albemarle County Fire Rescue Department, and the Albemarle County Board of Supervisors for a water system improvement to support dedicated internal fire protection as described in the "Water and Wastewater Facilities Plan 2017 Update for Keswick Hall & Golf Club" prepared by Timmons Group dated December 1, 2017 and revised March 19, 2018 (hereinafter the "2017 Water/Wastewater Plan") before a building permit for the proposed improvements described in Phase IA of the aforementioned plan may be issued. No certificates of occupancy for the improvements in Phase IA shall be issued prior to the completion of the aforementioned water system improvement. 5. The applicant shall seek and obtain all necessary approvals by the Albemarle County Board of Supervisors for a water system improvement to support expanded permitted capacity of the water distribution system as described in the "Water and Wastewater Facilities Plan 2017 Update for Keswick Hall & Golf Club" prepared by Timmons Group dated December 1, 2017 and revised March 19, 2018 before any building permit for the proposed improvements described in Phase IA of the aforementioned plan may be issued. No certificates of occupancy for the improvements in Phase I A shall be issued prior to the approval of the Virginia Department of Health, the Virginia Department of Environmental Quality, Albemarle County Fire Rescue Department, and completion of the aforementioned water system improvement. 6. No unplatted property shall be subdivided and no approved subdivision plat shall be recorded unless the applicant demonstrates to the satisfaction of the Planning Director and County Engineer that the existing central water system permitted and approved by the Virginia Department ofHealth, or as such permit is amended or such subsequent permit approved by the Virginia Department of Health, Division of Water Supply Engineering and the Board of Supervisors, is available and adequate to serve all of said lots, as well as all existing improvements, associated uses, and platted lots, without compromising on -site and adjacent off -site well water supplies. Nothing herein shall guarantee approval of such amendment or permit. In making this demonstration, the application shall use test procedures approved by the Virginia Department of Health and the County Engineer. Except for any restaurant and spa on the property open to the general public, Keswick Hall and its associated facilities shall be used only by the guests of the inn and their invitees, and members of the Keswick Country Club and their invitees. 8. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty-four (24) months from the date of Board of Supervisors approval, it shall be deemed abandoned and the permited terminated. The term "commenced" means "construction of any structure necessary to the use of the permit'. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, Megan Nedostup, AICP Principal Planner Planning Division Albemarle County Planning Commission May 22, 2018 The Albemarle County Planning Commission held a public hearing on Tuesday, May 22, 2018, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Tim Keller, Chair; Julian Bivins, Pam Riley, Vice -Chair; Jennie More, Daphne Spain, Bruce Dotson and Bill Palmer, UVA representative. Absent was Karen Firehock. Other officials present were Megan Nedostup, Principal Planner; Amelia McCulley, Director of Zoning/Zoning Administrator; Elaine Echols, Chief of Planning; Andrew Gast -Bray, Assistant Director of Community Development/Director of Planning; Sharon Taylor, Clerk to Planning Commission and John Blair, Deputy County Attorney. Call to Order and Establish Quorum Mr. Keller, Chair, called the regular meeting to order at 6:00 p.m. and established a quorum. Public Hearing Items SP-2018-00001 Keswick Hall and Golf Club MAGISTERIAL DISTRICT: Rivanna TAX MAP/PARCEL(S):080000000008Z0;080000000060A0;08000000000900 LOCATION: 3733 Keswick Road PROPOSAL: Amend previously approved SP200800042 to relocate and expand the spa and fitness center, add a pool bar, expand the energy plant, add a new maintenance and laundry building, relocate the existing restaurant in a stand alone building, and add a wing to the existing inn for 38 additional rooms (a total of 86 rooms). In addition, site changes to parking and circulation are proposed. PETITION: Clubs and Lodges; Swim, Golf, Tennis or similar Athletic Facilities; Restaurants, Taverns and Inns under Section 10.2.2 of the zoning ordinance by special use permit on approximately 174 acres. ZONING: RA Rural Areas -agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) OVERLAY DISTRICT(S): Entrance Corridor, Flood Hazard COMPREHENSIVE PLAN: Rural Area — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots) POTENTIALLY IN MONTICELLO VIEWSHED: Yes Megan Nedostup presented a PowerPoint presentation to summarize the staff report for SP- 2018-00001 Keswick Hall and Golf Course for the Commission's consideration. This is an amendment special use permit for Keswick Hall and Golf Course. In an overview on a vicinity map she pointed out the property location and Interstate 64, ALBEMARLE COUNTY PLANNING COMMISSION —APRIL 17, 2018 DRAFT MINUTES —Working Draft Louisa Road, Black Cat Road on the east side, the Inn, the Golf Club and the buildings that exist in an aerial view as well. Keswick Hall has a long history and built and used as a hunt club and resort prior to the Keswick Estate Subdivision. In 1978, a special use permit was approved for the Inn and accessory uses for swimming pools and tennis courts. In 1985 a special use permit for residential lots and at that time a central system for water and sewer were both approved. In 1986 a special use permit was approved for the golf course. Then in 1993/1995, special user permits were approved for additional subdivision lots. In 2000 a zoning text amendment was approved to allow the inn to expand and along with that during that same year the special use permit was approved to allow the expansion of the to a total of 123 rooms. At that time a condition of the special use permit for phased transportation improvements a right turn and left turn taper were conditioned and approved with that special use permit. Then in 2008 an amendment to that special use permit was approved to modify the phases and allow the spa to be open to the public; a total of 123 rooms with 48 existing; 23 in the first phase and 52 in the second phase and so the same transportation improvements remained with that second phase at the 75`^ room. The next slide shows a plat of Keswick Estate that gives you an idea of the subdivision and where the Inn is located in relationship to the subdivision. The Inn does have an access through a gate at Black Cat Road as well. DETAILS OF THE PROPOSAL: The applicant is proposing to amend SP-2008-42 to allow for the following changes: • Reduce the maximum number of rooms from 123 built in two phases to 86 total in a single phase; • Move the freestanding spa and fitness center including eight new treatment rooms which will be open to the public to a different location on the site — it is actually four additional since there are four existing treatment rooms; • Replace an area shown for cottages with a new wing for rooms to the inn; • Replace the existing Fossett's restaurant with lobby and conference space; • Replace the existing Fossett's with the same number of seats (165) including a bar and outdoor seating in a new building adjacent to the clubhouse; • Move the maintenance/laundry building to different location on the site; • Realign the parking and circulation including a new service entry off Keswick Road near the energy plant; and • Remove the requirement for traffic improvements at Route 22 and Route 744, which are currently required with the construction of the 75`h room. Just to walk you through the previously approved plans, SP-2000 to orient you she pointed out Keswick Road, Club Drive and the existing Inn and Clubhouse. In 2000, there was phase 1 with a wing with 28 rooms and phase 2 had cottages around the property with 47 rooms. In 2008, the plan was amended to remove the wing, phase 1 ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 2 18-348 Keswick Hall and Golf Course DRAFT MINUTES included six separate buildings that would have 23 rooms, and phase 2 would be cottages with 52 rooms. The next slide is the concept plan for the their proposal they are going back a little to the 2000 plan where the additional 38 rooms are going to be located in a wing; the new Fossett's separate building is shown as #3; a pool bar that was actually approved with prior special use permits will be located in the greenish blue area; the energy plant expansion location; spa and fitness center location in #8 and the laundry and maintenance facility in #11. The next slide is an illustrative plan showing how the buildings may develop on the site. She pointed out the wing off the existing Inn, the Fossett's Restaurant, energy plan, spa and fitness center and the laundry and maintenance facility. In the staff report, there are two important impacts that occur with the proposal the water and sewer and the traffic. As a rule public water and sewer is not provided in the rural areas and the expectation is that new uses should not create a need for public water, sewer or a central system. In this year starting in 1985 and then again in 1992 Keswick Estate received approval for a central water and sewer system sufficient to serve both the existing 48-room Inn and the 124 residential lots. An updated water and sewer study was submitted and the report showed that there would not be sufficient capacity for both the Inn and residential lots at full build -out. The applicant offered to install the improvements necessary to allow for the Inn and residential build -out to occur including a new well, a storage tank and pump. Because the approvals have been previously given with prior special use permits that allow for both residential and Inn use staff is recommending conditions that address these two items. The items are the Inn must be limited to the existing permitted capacity as expansion of this system is not permitted for an Inn and restaurant use in the rural areas under the section of the Zoning Ordinance and any expansion of the system must be for the residential uses only. This limitation is seen in condition #3 in the staff report and the triggers before any certificate of occupancy are given for the new rooms and the Inn we need to have the approved plans from the Department of Health, Fire Rescue and Board for the installation of those systems. The triggers for when those improvements are to be made are recommended in conditions #4 and #5 of the staff report. The new well will require expansion of the central system, which the Board of Supervisors will need to approve later, and we have not received a request at this time. The second impact of the proposal is for the traffic, specifically as it relates to additional traffic being added to the intersection of Route 22, Louisa Road and Route 744 Hunt Club Road. A brief summary as this condition for the transportation improvements is an existing condition for which the current owner purchased the property knowing that these improvements would be required. This condition has been in existence since the special use permit in 2000. We do recognize that due to the additional legal information, the Inn may not be responsible for the entire cost of the improvements; however, there is an existing safety issue at the ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 3 18-348 Keswick Hall and Golf Course DRAFT MINUTES intersection and the proposal is exacerbating the problem by adding traffic to the intersection. Lastly, there is no solution currently to mitigate the impact and due to the applicant's tight timeline in analysis and discussion regarding our portion we have not had time to explore. Ms. Nedostup said again she would like to point out the intersection on the map and photos and that Kevin McDermott, transportation planner, is going to come up and talk in more detail about the traffic. Kevin McDermott, Transportation Planner, said he wanted to give a little more detail on what we were looking at when we were evaluating the traffic impacts related to this proposal. First, we looked at the safety problem at Louisa Road that was identified by the Department of Transportation primarily through its presence on what they referred to as the potential for safety improvements list. He said this list evaluates all the public road intersections in the nine counties and City of Charlottesville that are within the VDOT Culpeper District. He said it looks at those through normalizing factors such as the traffic volumes on the road, the type of intersection, the type of road and then looks to see if there is higher than average crash rate going on there. As a result, this intersection did fall within that PSI list. We also went back to the Department of Transportation and they took a second look at this and the District Engineer and our Resident Engineer both looked at it and confirmed that there is an identified safety issue occurring there at that intersection. He said you see the crashes and he had the seven- year total of crashes there. He pointed out that the 2011 and 2012 we did not have the full reports for but we checked everyone to make sure it was occurring at the intersection and likely was a rear end collision for waiting for someone to turn there. Therefore, if you go through the descriptions of all of these crashes it is attributed to turning movements and it is the turning movements at that intersection that are causing this safety issue. Mr. McDermott said the traffic analysis that was conducted by the applicant performed capacity and turn lane warrant analysis based on the cuing that was expected to occur if this proposal went forward. They evaluated the peak hour travel and peak hour turning movements on the road and found that minor cueing would occur if it was approaching the threshold where we would require turn lanes but it did not cross that threshold. Although he wants to point out that warrants can be met also through safety issues just like when we look at if we are going to put a traffic signal in we would not just look at the number of vehicles making turns we look at safety issues and see if a traffic signal could address that traffic issue. Therefore, we want to look at the safety issue at this intersection as well. He would way that poor operations can lead can lead to safety concerns but it is not always the case sometimes safety issues can result outside of that. Of the ten crashes that occurred out there over that seven-year period not a single one actually occurred during the peak hour travel so our evaluation of this wanted to look at the entire day's movements at that intersection so how many turns occurred throughout the day. The proposed use in a resort is not really a peak hour generator they tend to generate their higher traffic off peak hours so it would make sense that during the peak hour they probably would not meet the warrants for turn lanes. ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 4 18-348 Keswick Hall and Golf Course DRAFT MINUTES Mr. McDermott said the peak hour was the only thing that was provided within the report and so we did pull that up to take a look and see what percentage of peak hour turning movements would occur with this proposal. You can see the first column is the background traffic and projected growth over two years and we expect 18 turned in the a.m. peak hour and that is combing the left and right turns at all movements there. So 18 in the a.m. and 28 in the p.m. peak hour and the projected site generated trips would be 10 in the a.m. and 10 in the p.m. total movements. Therefore, that results in a 56% increase in turning movements at that intersection in the a.m. of 56 in the p.m. Once again, we think it is probably generating a higher percentage of traffic off peak but it is just to give you an idea as to where they sit on that forward. The traffic did provide the estimated daily trips generated by the new uses and the directional distributions. Therefore, you can see that they are expecting 25% trips come to and from the north on Louisa Road, 45%from south on Louisa Road and 30%from east on Black Cat Road. The ADT numbers that were evaluated in this TIA, which is the average daily traffic, shows the hotel would generate about 310 trips and the spa about 80 trips. The 80 trips was an estimate that we came up with because the ITE tables do not provide spa as a use. Therefore, that totals about 390 new trips generated by the hotel. He said looking at the 25% and 45% that are coming from Louisa Road, which would mean that we are looking at approximately 273 new trips added to that turning movement per day. We believe that the additional turning movements would result in increase in the likelihood of crashes. So the Department of Transportation and in the County's analysis we would recommend that the mitigation for that increase would be construction of a left turn lane or a right taper. He said he would be available for questions. Ms. Nedostup said to summarize our conclusions that are factors unfavorable that the applicant wishes to remove that existing condition requiring the road improvements for Route 22 and Route 744, which has a history of crashes. Again, the condition for the transportation improvement is an existing condition, there is an existing safety issue at this intersection and the proposal is exacerbating the issue by adding traffic, and currently we do not have a solution to mitigate this impact. She said number #2 even though previously approved it has become clear that additional water sewer capacity is needed, which is not in keeping with the recommendations in the rural area of the Comprehensive Plan and the remedy would require expansion. Number #3, the commercial use does not promote the agricultural and forestall policies of the Comprehensive Plan. Number #4, the plan shows disturbance of critical slopes, a waiver has not been requested to date, and minor changes to the concept plan need to be made. Therefore, at this time staff cannot recommend approval of the special use permit. Mr. Keller invited questions from the Commission for staff. Hearing none, he opened the public hearing and invited the Mr. Keller invited further questions for staff. Hearing none, Mr. Keller opened the public hearing and asked the applicant to come forward. Valerie Long, with the law firm of Williams Mullen, said we are here representing the applicants and the owners of the property tonight Historic Hotels of Albemarle and Keswick Club, LLC the ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 5 18-348 Keswick Hall and Golf Course DRAFT MINUTES principles of which are Robert and Molly who are here tonight. We also have just about everyone from our project team including the architects from the firm of Hart Howardton and all of our engineers who have been looking at the civil engineering, the traffic issues and the water system. We also have my colleague Ashley Davies, our land use planner, so hopefully between all of us we can address any questions that you may have or any issues that may come up. Ms. Long said staff indicated the issue the history of the approvals in the past and she would go over those very briefly as well but she also wanted to show more of the images that we have. She presented a PowerPoint presentation and noted in the summary of this special use permit request that the project already has approvals to expand the same number of rooms that are proposed. She said the real only difference is we are requesting permission to shift the location of the new wing of rooms to a different location, which is the same location that was approved with the 2000 special use permit, relocate the existing Fawcett's Restaurant from inside the hotel to a space between the pool and the club and to increase the spa facility from 4 rooms to 8 in a new location. She pointed out it is actually already permitted to be 13 rooms. Ms. Long said that Keswick has a storied history and has been evolving over many years. She said the property was built in 1912 and it has been a country club since 1948 and a golf course since the fifties. In the slides, it shows when the property was purchased by Sir Ashley and it was in a severe state of disrepair and significantly deteriorated. They purchased it and turned it into a hotel that was later expanded; Orient Express owned and operated it for many years and not the Hardy's and their entities own it. Ms. Long said the next slide showed some of the historical images that our architects shared with us and they have been working with these images extensively to really understand the evolution of the property over the years, its many uses and the character of it. She pointed out the image for when it was purchased by Sir Bernard Ashley; some of the images for when it was used as a country club back in the fifties and here where the golf club is now there was a famous round metal pool in the area. She said today it includes a hotel, golf club, golf course, and there are 125 residential lots and an on -site community water and sewer system. She said the are 48 rooms in the hotel today and are all contained within the existing hall, they have meeting and banquet facilities in the lower level, several dining outlets, tennis courts and a spa and fitness facility — a very small one inside the existing golf club house. She said they have the pro shop, the clubhouse, full golf course and several swimming pools. Ms. Long said as staff indicated the zoning in the rural area does permits upon approval of a special use permit a swim, golf, and tennis facility as well as restaurants and inns under certain circumstances? This has been approved for this use since 1978 and again was reapproved in 2000 and 2009 and this is an aerial view of what is here today. She said we have a number of maps that are all going to be oriented in this same direction. The current special use permit that was approved with a 2008 application number but was approved in 2009 allowed for the existing 48 rooms to increase by 75 rooms to 123, again a larger spa and also authorized a pool and banquet facility. She said next is an overlay of the 2000 approved plan showing those ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 6 18-348 Keswick Hall and Golf Course DRAFT MINUTES elements in which she noted the area where the inn was approved to be located in 2000. She said it was the exact same location we are proposing to locate it today. She pointed out the original proposed location for the spa and the 2008 approvals with that plan overlaid the new rooms were shown in those locations instead of in the original 2000 plan the idea was to have smaller cottage style rooms instead of a single wing. The owners now recognize that the most logical location is to have the room back in the original 2000 location. She pointed out the proposed wing location and that the 48 rooms in the existing hotel some of them will be removed from the existing hall because they will be expanded and so more of the new rooms will be located in the wing. She noted that some of the rooms in the existing hall are extremely small and so they are renovating those and improving the bathroom facilities to handicap accessibility and so forth. Ms. Long pointed out the location of the new rooms consistent with the 2000 special use permit and this is the location for the new replacement of the Fawcett's Restaurant, which again is currently located inside the hall and they are just moving it to a new location between the pool and the existing golf club. She pointed out the location of the spa and probably a fitness center will be located. She noted this is a rendering by the architects looking at the back of the hall from the golf course showing how they envision this will look. She said the Hardies and their architects have taken great care to design the expansion in a way that will not overwhelm the existing hall, be subordinate to it, work with the terrain and kind of step down the existing hill and it is also designed to break down the massing and appear to be a couple of smaller buildings instead of a single massive one. She pointed out the approximate location where the new restaurant would be located. Ms. Long said this is the proposed new concept plan that would be in place if the amendment is approved. She pointed out the location for the new wing, the spa, a new restaurant and we are also proposing a new facility for laundry and maintenance to remove those uses from the existing hall. She said we do want to flag for you that we are proposing to actually expand this area just a little bit so we have more flexibility for where the new laundry and maintenance facility will be. She said the Hardy's started realizing that maybe having it right next to the tennis courts might not be the best idea so we have shown this image to staff and submitted it but we did not want to spring it on anyone later so we are just flagging that. She said we are still staying out of the stream buffer that is related to that. She said we also have a critical slopes waiver that we will be applying for, all of the slopes are man-made and all left over from the construction of the existing improvements. Ms. Long said we discussed a little bit about the water and she was happy to get more into the details. She said we have our water infrastructure expert here from Timmons Group; but the important thing is that the Hardy's agreed to go ahead and expand the water system so that there is no question that there will be sufficient water to serve all of the undeveloped lots in the community. She said that would include all the residential lots as well as the hotel and restaurant. There is already sufficient capacity to expand the hotel, relocate the restaurant and add the few extra spa rooms. There were some concerns about whether there would be enough long term for the undeveloped lots and we did not want there to be any concerns so ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 7 18-348 Keswick Hall and Golf Course DRAFT MINUTES they have gone ahead to make that commitment and investment to expand the system and that process has begun. Ms. Long said we very much would like to talk more about the traffic issues and we have our traffic engineer here. She said Mr. McDermott mentioned that there is minor cueing that will result from the additional trips; it is an extraordinary small number. She said the delay right now is .5 seconds and that will increase to .7 seconds; it is a .2 of a second increase in the delay and the cue length is one foot. So there are impacts that have been identified by the traffic study; the turn lane warrants are not met; turn lane warrants are not run during the off-peak hours and they are only run during the peak hours. She said all the intersections will continue to operate at the same level of service, many of which are A level of service. There is no impact from the traffic of the project that has been identified. Ms. Long said as she has discussed extensively recently with staff the controlling legal standard is that to require the construction of an off -site improvement there must be a finding that the improvement are substantially generated by the proposed development. Therefore, we contend that standard has not been met. Ms. Long said she would go quickly through some of the economic development issues. She pointed out that we have been communicating these issues with the County Economic Development Department but the number of employees will substantially increase as well as the tax base. The owners voluntarily contribute to Monticello for every room that they rent every night. So obviously with the increase in rooms that contribution will increase, just about double, and have a substantial positive impact on the local tourism. She said it really drives tourism substantially in the area and obviously it will be an improved local amenity for the community. So again we would be happy to answer any questions that you may have and particularly on the traffic issue we are very prepared to address all of the issues that staff raised and have all of our experts here. We would obviously like to reserve our five-minute rebuttal time to address any comments from the public. She asked to add one more item, Mr. Chairman. We have been in discussions with the representatives of the Keswick Estates Owner's Association and we have had several meetings with them. She said one of the issues we have been discussing with them extensively is a request they have had for the owners to make some improvements essentially a gate entry system that is located between the hotel and the residential development and we are be happy to talk more about that. Mr. Keller asked that they hold questions until they hear from public and asked Ms. Riley to take charge. Ms. Riley invited public comment. Roger Brink, President of the Keswick Estate Owners Association for the residential community adjacent to Keswick Hall said In the interest of time he would like to say that the estate residents over all are supportive of the expansion of Keswick Hall. He said however, we do have a couple of important items that are critical to our community one being the water issue. He said at this point, as he understands, that has been addressed. The item that he wanted to ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 8 18-348 Keswick Hall and Golf Course DRAFT MINUTES focus on is that we request an additional entry gate to be installed adjacent to our existing entry gate at our west entrance. We request confirmation that the gate installation is complete before a certificate of occupancy would be issues for any new rooms at Keswick Hall. As it was mentioned earlier, we did share this request with the applicant; we have had some conversations as late as today; we do not have agreement but we are hopeful that the discussion will lead to a solution. Mr. Borsink said the expansion of Keswick Hall will add considerable traffic to the resort and increase the already traffic congestion at our west gate which is the entrance to our residential community. He said the departure from Keswick Hall and Golf Club guests that are traveling east towards Richmond enter our residential estate at the west gate and drive to Black Cat Road to access 1-64. That increase in traffic will exasperate the delays and backups at that single entry gate location. The west gate entry and exit consists of only two gates, one for entry and one for exit, there is no gate house there or security guard. He said entering at the west gate by residents is done by an easy pass device but any guests from the Hall and the Club have to call in from a call box that creates significant backup at many times. Therefore, we are requesting that an additional entry gate be installed to eliminate that because right now it is a problem with doubling the capacity of the hall and the surrounding facilities it is going to make the situation even worse. He said so the increased traffic around the loading dock area, the new spa, the fitness center and the increased number of guests using the west gate requires a solution. He said adding a second entry gate at the current west gate location will eliminate a substantial amount of the traffic issue; and, he respectfully ask the Planning Commission for your favorable consideration of our reasonable request. Betsy Casteen said my husband and I bought a property at Keswick Hall in 2005 and live two houses in from a gate so see all the traffic that goes by. She said that it is very important that we have a gate that owners can use separately from having to wait and come through if you are doing commercial business or you are going to a hotel. Having said that she said they are supportive of what the Keswick Hall owners have done since they have been very responsive to us and thinks we have the water issue resolved. She said in fairness the traffic that a lot of the turns that we see onto Hunt Club Road are actually going to other activities no not necessarily the hotel as the hunt club has a huge horse show they just did this weekend and there was a lot of traffic. She pointed out those events happen just a couple times a year. She said we are supportive of this but think because of the increase traffic within the hotel and coming onto the estate we would like to see if we could work out some situation that helps with the gate for the owners. Ms. Riley thanked the speakers and invited further public comment. Hearing none, Mr. Keller invited the applicant for their follow-up. Ms. Long said that she just wanted to elaborate a little more on the turn lane issue. In addition to what she had already stated, VDOT has been very clear that the reason for their initial recommendation for the turn lanes was entirely based on what they have determined is an ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 9 18-348 Keswick Hall and Golf Course DRAFT MINUTES existing crash history. She said they would actually dispute that there is an actual crash history but there is no actual definition of what constitutes a traffic crash history either so it is subjective. Regardless of that, that is an existing situation and there are no impacts that this project is creating that is substantially generating the need for that impact because VDOT has said it is an existing need that is already there. She said staff has indicated that we are going to exasperate the problem and we are adding ten turns during the peak hour in each direction. She said the warrants are not met and we used all the standard processes, had a professional traffic engineer prepare it and had it reviewed by VDOT. She said the warrants are not met and she did not think there was any dispute in that regard. She said impacts are measured by reductions in levels of service and we do not have that — they are measured in additional cueing length and we do not have that — and they are measured in additional delay time and we have it - it is .2 seconds additional one foot additional on the cue. Ms. Long said she would argue that is deminimis to almost nothing so impact has been identified, and so we believe that it does not meet the legal standard to require it as a condition of approval since it is an off -site improvement. But, she would also like to point out some of the practical issues even in addition to the fact that the legal standard is not met there is not existing right-of-way to install the turn lanes. She said we had our traffic engineers at Timmons Group prepare an analysis and there would be the need for 1.78 acres of privately owned land to be acquired from three different owners. She noted one of those parcels or owners is in dispute; it might be CSX or the Keswick Hunt Club; it is unclear and significant title research would need to be done. The owners do not have condemnation authority so they cannot unilaterally acquire the property. VDOT has said they will not acquire the property using its condemnation authority and they have said they are not willing to invest their resources at this time in the improvements; it is on the Potential For Safety Improvements List, which is called the top 100 list and has 103. Ms. Long said she spoke extensively with Joel DeNunzio about it and his comments were that is a public project and eventually that project will rise up on our list and we will use our powers of condemnation if necessary and we will use our public funds to install those improvements but we are going to do it eventually. She said he also confirmed that there are not geometric issues with the intersection such as insufficient sight distance. She noted as you saw from the photos there was lots of sight distance but there is no weird vertical curves or anything that make it a dangerous intersection and it functions very well. She said we are not adding or creating any problems to exasperate the situation. She said Joel has indicated in on conversations that perhaps one of the solutions that could be just as effective as turn lanes would be to look at signage in the area and see if some additional signage could be added. His comment was in looking at the crash data that it is all due to driver inattention and people are not getting T-boned it because drivers are not paying attention and when someone slows to turn left they are running into them. Ms. Long said we ask for your support in removing that condition from the list of conditions if the Commission is inclined to recommend approval and would be happy to talk further about it. Mr. Keller invited questions for the applicant. ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 10 18-348 Keswick Hall and Golf Course DRAFT MINUTES Mr. Dotson asked Ms. Long about her reaction to the request from the property owners for the second west gateway. Ms. Long replied that we have talked extensively with them and appreciate obviously how strongly they feel about it and the Hardy's are very committed to ensuring that the gate system works well for everyone. She said they own over 40 lots, 45 or 46 lots unsold lots so they have every incentive similar to the owner with the existing residence to ensure that the gate system is functional, convenient and attractive. They are in the midst now of working on with their design professionals the actual designs of the hotel, the new spa, the new restaurant and they are at the very early stages of figuring out the details on colors and things like that. They very much envision looking at the west gate as part of that comprehensive look but focusing their attention and resources right now on the hotel and spa so they can get those buildings up and running and generate some revenue. However, part of their overall plan they are going to work with their design professionals and take a fresh look at their entire approach — they are sort of entrance corridor to the entire property how they relate to the gates, landscaping and the various buildings with the parking. She said they have said they are willing to commit to looking at the west gate and a potential third lane for sure, it is absolutely what they want to do; they just don't know how that is going to fit in with the rest of their plans because they have not developed those plans yet. So what they have asked is for some flexibility to be able to study it over the next 12 to 18 months as they continue their work with their design professionals to figure out what is the best solution for the entire community in the area and it may well be that it is a third lane. She said we certainly appreciate that seems very logical that probably will be the solution but they are hesitant to commit to that as an absolute knowing that they really want to have the options. They do not know what options are on the market and so they just said we are willing to commit to it but they do not want to commit to an element of the design when they have not started the design process yet. Hearing no further questions, Mr. Keller closed the public hearing to bring the matter before the Commission for discussion and action. Mr. Dotson said he had a question for the county attorney, the condition for the additional lanes for the traffic improvements has been in the two previous special use permits and does that change the legal situation regarding off -site improvements since it has been there for quite a few years. Mr. Blair replied this is confusing and if you look in the staff report both the 2000 and 2008 conditions speak to a February 21, 2001 letter from R.P. Ball of the Virginia Department of Transportation. He said not being here in 2000 or 2008/2009 he thinks what he can surmise is at the time VDOT had a traffic study based on the conditions listed here that they believed did warrant those improvements. He said It is my understanding the current applicant provided a new traffic impact analysis and based on that analysis through the warrant system VDOT made an opinion that the warrants and the trip generation themselves "did not activate the need for those improvements" in and of itself based on the traffic analysis provided by the applicant. Mr. Blair said he would ask Mr. McDermott for some clarification here. ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 11 18-348 Keswick Hall and Golf Course DRAFT MINUTES Mr. Blair said Ms. Long is correct there are two cases one a Virginia Supreme Court, the Cup case that she referenced as well as a U.S. Supreme Court case called the Koonce case. He said the Koonce case said there had to be nexus between your traffic impact and the government demand is what he thinks the terminology the U.S. Supreme Court used and a rough proportionality between the impact and the government demand. He said the Cup case talked about a reasonable relationship between the impacts and conditions. So in 2000 and 2008/2009 he thinks the constitutionality of those conditions may have been prepaged on that 2001 letter from R.P. Ball that relied on different traffic data. Now the current applicant has presented data that contended, and again he would ask Mr. McDermott and VDOT seems to state, "does not activate the need for these improvements." He said he knows that is complicated but he hoped that does explain why there may be a change as to the legal standard. Mr. Blair said what Ms. Nedostup was talking about in her report the reason there is not anything in the current staff report to address the impacts as county staff sees it is that rough proportionality standard or reasonable relationship standard whether you are talking U.S. or Virginia Supreme Court, staff believes there is a traffic impact. He said VDOT has stated that the need for the previous improvements the right hand taper lane and the left turn lane they don't see in the current data before them the need for those improvements. He said but staff is still seeing an impact and believes there should be some condition that does address the impacts that staff has measured but he would ask Mr. McDermott if he could talk about VDOT's current analysis of the situation. Mr. McDermott pointed out that VDOT representative Adam Moore, the Assistant Resident Engineer, is here and can speak on behalf of VDOT Residency on that point. Adam Moore, VDOT Assistant Resident Engineer from the Charlottesville Residency, said we look at two conditions, the operational condition which is what has been mentioned as the warrants and other conditions like safety. He said in this instance our recommendations were based on the safety concern. He said as was mentioned by the applicant the intersection is on the PSI Top 100 List and what that means is that the intersection in the nine county district are evaluated based on their type and normalized. He said in this instance the crash data is normalized against a three-legged intersection with staff control where the major road is a minor arterial. He said from that analysis you would get an expected number of crashes and what we see here is that 3 out of the last 5 years it has been in the Top 100 List of Crashes more than expected. He said so that forms the basis of our recommendations for improvements. Mr. Dotson said just to follow up he was a little unclear whether you are saying there are not sufficient warrants or there are improvements that you are recommending. Mr. Moore replied that the warrants are based on an operational analysis which would mean that the drivers would experience delays because of the additional traffic. He said as the applicant said there was minimal increase in delay and cue length at the intersection in the ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 12 18-348 Keswick Hall and Golf Course DRAFT MINUTES peak hour which is what was provided in the study. He said so from an operational sense we would not expect minimal or no additional congested. He said that does not mean that you would not expect an increase in crashes overall. Mr. Spain asked are there other localities in which the private sector has been expected to provide a solution for this safety issue that you have described. Mr. Moore replied that he did not know of any cases off the top of my head, safety concerns are very frequently the basis for VDOT's recommendations for improvements but assigning responsibility is very much a land use task that falls on the localities. Mr. Bivins asked staff to go back to the accident table. He said if he was understanding this correctly you are saying for the last 3 out of to 5 years that basically 6 accidents is put in the top 103. Mr. Moore replied that is correct as compared to other intersections of this type. Mr. Bivins said that was for three-legged intersections. He asked how this would rate in the County of Albemarle. Mr. Moore replied it was probably in the top 20 but was estimating because he did not have the full list with me. He noted also that there is zero crashed in 2017 but there also has been four crashes already in 2018 and so what you experience is a lot of fluctuations at intersections like this and that is why we look back at least five years in assembling those lists. Ms. More asked for clarification because we are talking about existing safety conditions and in your letter, VDOT is recommending the turn lane would that recommendation be made regardless of this development and so it is on the list already. Mr. Moore replied that was right. Ms. More asked has there been any analysis on the part of VDOT about whatever traffic impacts this development might have in making this more unsafe or creating an expressed need to have improvements done there or does it just stay in the same place it is on that list. Mr. Moore replied that you would expect additional crashes with additional traffic going through an intersection, but where that would rank it in comparison to the many other intersections that were studied is hard to say. He said but if you are looking specifically at the intersections you could reasonably expect more crashes to occur with additional traffic. Mr. Dotson said he had a follow up question for Mr. McDermott since the county attorney indicated that we have new information and TIA traffic analysis. He said in my reading of your memo you indicated that sort of the reference point of that study was some fairly recent data once it was known that the club and the hotel was going to be modernized and therefore ALBEMARLE COUNTY PLANNING COMMISSION — May 22, 2018 13 18-348 Keswick Hall and Golf Course DRAFT MINUTES closed down for a while that perhaps that was not the best benchmark period to use. He asked if he could elaborate on that. Mr. McDermott replied yes, when the initial traffic counts were done it was in November and at that time the club was about a month away from closing down for that year and we were concerned that perhaps it was generating less traffic by that point than it would typically have seen at that time. He said that could have been the reason why there were fewer turning movements seen in that traffic assessment versus the traffic counts that were done back in 2000. So that was the concern and we are just being cautious with the numbers but we accepted that they are closed and like you said the cueing is not necessarily what we are concerned about here, it is just an increase in the numbers of turning movements at that intersection which we believe would increase the likelihood of crashes. Mr. Dotson asked if there are any other assumptions because the thing that is often true is experts use the same methodology but start with different assumptions and therefore they come up with different conclusions. He asked are there any other assumptions that were made in the traffic impact analysis that you might question and substitute different assumptions. Mr. McDermott replied that when we scoped the traffic analysis we were not fully aware of the scope of the improvements that were going on there. He said he would just caution that the numbers were being conservative it is probably the least amount of traffic that he would expect this development to generate as opposed to being at the high end of the expected amount of traffic. Ms. Spain said there was mention that the applicant's study really only looked at the peak hours and it did seem to reference in the staff report that there was a concern that were the traffic for this particular location might be in off-peak hours. She asked how does that factor into the question of the validity of their report. Mr. McDermott pointed out the type of use that this is generating we do not expect to see it generating the most amount of traffic during that a.m. or p.m. peak hour. He said you see a lot of weekend use and it is reflected in the crash data that we see. He said mentioned none of the ten crashes that we see there actually occurred during the two peak hours that were analyzed. He said the type of use is something that you see very few people going at 7:30 to 8:30 a.m. and 4:15 to 5:15 p.m. which were the peak hours that they analyzed in the report. He said most of the trips that is generated are outside of that but aside from that it is still an increase just in the peak hour of an average of 44 percent more turns at that intersection. Ms. Spain asked him to comment on Ms. Long's suggestion that signage might be a possible solution to this. She asked has that been tried in other localities. Mr. Moore replied there are current advisory signs in place near this intersection and our traffic engineering section is currently reviewing to make sure that everything that should be there is ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 14 18-348 Keswick Hall and Golf Course DRAFT MINUTES there and in the right place. He said he did not have the results of that review today but that is something that they are working on currently but he does knows that there are intersection advisory signs with speed plates out there right now. He pointed out that is typically the first signs that would be installed. Mr. Keller asked that the Commission move beyond the traffic issue. Ms. More said on page 4 of the staff report you note that prior to completion of staff review of the last submittal the applicant requested a Planning Commission public hearing date set and normally outstanding issues would be worked out prior to a public hearing. However, because of the applicant's requested hearing date several issues remain unresolved and then you go on to describe those. She said this is one of those issues. Ms. Nedostup replied that was correct. Ms. More said what she was hearing from the applicant is about a conversation with Joel but she does not have that in front of me and asked if that is something she had. Ms. Nedostup replied that information was discussed in a meeting on May 11 a few days before the staff report was due; however, she did not have anything in writing. Ms. More said that she sees the point the applicant is making but she does find it curious that it was in two previous special use permit this was not an issue but it is now. She could accept some explanation as to that but was not comfortable without having all of that information in front of us recommending anything otherwise than it just stay and the applicant would have time to work with staff prior to the Board hearing to have that information provided. Mr. Bivins asked staff if Ms. Long's comment satisfied her comment on page 8 of the staff report about critical slopes. He said Ms. Long's comment was that critical slopes and conceptual grading have both been updated but a detailed critical slopes waiver request will accompany our site plan review process. Ms. Nedostup replied no, typically, there are two options you can submit a critical slopes waiver with a special use permit request because it ultimately needs to be approved by the Board. She said that is a process staff recommends, but they could wait until the site plan but we are recommending that it happen concurrently with the special use permit. Mr. Keller said in terms of the Comprehensive Plan, rural areas and appropriate uses with the question of scale that this applicant is actually reducing the number of rooms which in theory would be reducing the amount of water usage this however has a golf course which is an intensive water user and so he wondered if you have thought about groundwater and groundwater depletion and those kinds of issues with the intensity of having a subdivision and a resort that has a pool and golf course. He asked about alternative ways such as cisterns. ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 15 18-348 Keswick Hall and Golf Course DRAFT MINUTES Ms. Nedostup replied that in prior special use permits for this use that working with the Home Owner's Association (HOA) there was a plan to reduce the watering and irrigation of the residential uses. She said the applicant can speak better to this but she thinks that is still in place where there is limited use on watering of residential lots. She said staff looked at the water study in looking at what they were projecting for the capacity with their first phase she did not go into detail in here. She said in their first phase report 1a with these improvements that they are proposing they are almost at the capacity currently permitted just for the inn and so once you add in the residential uses it would be above and beyond the capacity. She said since there was prior decisions made to allow the Inn and residential uses to use the system staff continued that line of thinking that allowing capacity to expand for just the residential uses would mitigate the impact to those residences. Mr. Keller questioned the restaurant and moving the location and asked staff to remind us of how restaurants in the rural areas works. Ms. Nedostup replied that this has been historically an approved use so if this were a new use in the rural areas a restaurant would not be a recommended use but since under the Zoning Ordinance restaurants, taverns and inns under specific without going beyond capacity for water and sewer are permitted. She said it falls under that for this restaurant and they are not increasing the number of seats in the restaurant; it is remaining the same and they are just moving it to an outside building. Mr. Keller said he was thinking about the next public hearing and the issue of whether things would be grandfathered in the existing location or on that parcel. He said this is a case of where in effect you are saying it is grandfathered because it is on the parcel but it is asking for a move of location within the parcel. He said we all have to grapple with that in the bigger issue. Ms. Nedostup replied that was right. Ms. Riley said related to that though in this particular grandfather situation in your staff report on page 6 you say that the result of the study was that the current system does not have sufficient capacity for both in the proposed uses and the residential units that build out. She said staff has some previous conditions in here from before but essentially, you put a note in here that a separate request will be needed to allow for expansion of the central system for the residential lots and the Board would consider that request at a future date. She questioned it said even though the study shows that there is not sufficient water in the current system. Ms. Nedostup pointed out there is sufficient water for this use but it impacts the residential uses so the residential lots that are undeveloped would not have capacity. She said that is why the condition is that they build to capacity basically for the residences to mitigate that impact. Ms. Spain asked did the applicant's offer to expand the central water system come in after this report was written. ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 16 18-348 Keswick Hall and Golf Course DRAFT MINUTES Ms. Nedostup replied no. Ms. Spain asked even with the applicant's offer to expand it you still have concerns that are among the number first on unfavorable factors. Ms. Nedostup replied that was right because of the Comprehensive Plan with uses in the rural areas. Mr. Dotson questioned if what he is hearing at this point there is a little bit of additional data and mapping that might be provided but that the key issue that separates the staff and applicant at this point is the traffic condition and everything else has been agreed to, and Ms. Nedostup replied that was correct. Mr. Keller asked if there was a motion. Ms. Spain moved to recommend approval of SP-2018-0001 Keswick Hall and Golf Club with the recommended changes. She said wait a minute that we still have not resolved the traffic issue and asked Mr. Blair how to amend that condition. Mr. Blair said let's talk about that because if you look at the recommended action there are two changes listed and then conditions listed by staff. He said condition #2, related to traffic impacts would retain the current condition for the applicant to construct the right turn taper and left turn lanes. He said so if you moved for recommendation of the conditions as before you under the recommended action then in effect the right turn taper and left turn lane construction would still remain a condition for the applicant to fulfill for this special use permit. Ms. Spain asked if she can say in conditions with the deletion of the second condition. Mr. Blair relied yes, if the Commission wishes to delete that second condition, he would recommend that you make a motion to delete that second condition and then proceed from there. Ms. Spain said she withdraws this recommendation and make a motion that the Commission consider deleting condition two. Mr. Bivins seconded the motion. Mr. Keller invited discussion. Ms. More said that she does not support deleting that condition and thinks there is a way for the staff and applicant to get there since with information from Joel and a little more time it is possible. ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 17 18-348 Keswick Hall and Golf Course DRAFT MINUTES Mr. Dotson said he would agree with Commissioner More and have a question for the County Attorney. He said in his legal explanation you talked about proportionality and it seems that it is all or nothing as being presented here, either the applicant provides all of the improvements or under this motion, the applicant provides nothing. He asked is it possible not tonight but perhaps when this goes to the Board to have some more proportional way of addressing this issue. Mr. Blair replied that he had spoken with the applicant's representative today as well as staff and he thinks certainly the Commission will make its recommendation tonight but he thinks there is going to be additional conversations between staff and the applicant about this proportionality issue. He said he did not want to speak for the applicant but based on conversations today he thinks it is fair to say that based on their timeline for construction they would obviously prefer for condition 2 to be deleted, but regardless they would like a recommendation from the Commission tonight and not a deferral. Mr. Keller asked if there was any more discussion before taking a vote. Ms. Spain said she would like to say why she thinks it is realistic to delete that condition. She said VDOT has said it does not warrant it where it is not warranted although it is a safety issue and that they will be paying for it eventually. She said however given the difficulty of what the applicant has described in acquiring the rights to that property to make it happen quickly that she thinks if VDOT is not willing to invoke that imminent domain and make those claims on the property now then why should the private sector be expected to be able to do that. Ms. Spain said so she too thinks something can be worked out whether it is signage or what have you but would like to see the ability to proceed with this because everything else has been addressed. There being no further discussion, Mr. Keller asked for a roll call. The motion passed by a vote of 2:4. (Keller, Riley, More, Dotson no) (Firehock absent) Mr. Keller asked for another motion. Ms. Spain moved to recommend approval of SP-2018-0001 Keswick Hall and Golf Club with the recommended changes and conditions outlined in the staff report. Ms. More seconded the motion. There being no further discussion, Mr. Keller asked for a roll call. The motion passed by a vote of 6:0. (Firehock absent) Mr. Keller thanked the applicant and the members of the audience for speaking. He said this request would be going to be the Board of Supervisors for their consideration at a date to be determined. ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 18 18-348 Keswick Hall and Golf Course DRAFT MINUTES The Planning Commission took a break at 7:22 p.m. and the meeting reconvened at 7:31 p.m. ALBEMARLE COUNTY PLANNING COMMISSION —May 22, 2018 19 18-348 Keswick Hall and Golf Course DRAFT MINUTES BUILDING KEY # Name 1 Keswick Hall 2 Horizon Pool & Bar 3 Restaurant & Flex Spacc 4 Golf Club 5 Expanded Energy Plant 6 +38 Room Guest Wing 7 Admin. Buildings S Spa and Fitness 9 Pavilion 10 Staff House W Driveway) 11 Maintenance & Laundry 12 North Parking Area 13 South Parking Area 14 Pavilon Parking Area 14, 700 StrP ah elf fPr O�........f........1 0 200 4 ........�......00' 1" = 200' at 8.5"x 11 " a 'Vol, Abler, 0j`,le ram' 1I8 HART HOWERTON � � ^F-r�, L^�^•^�•_� Keswick Hall &Golf CIUI) Special -Use Pcrmil Plan vow-•uFl�i.�aicroulu.Ge�••M..s.ln..W.ea n..aryp�. I1W�W.e..