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Home My WebLink AboutMS-09-09 - Supplemental - 0023 Pinnacle DriveNovember 5, 2009 Lance Llewellyn Llewellyn -Howley Inc. 20 Kimball Avenue Suite 202N South Burlington, VT 05403 Re: 23 Pinnacle Drive Dear Mr. Llewellyn: Enclosed, please find copies of the Findings of Fact and Decisions rendered by the Administrative Officer on November 3, 2009 (effective 11/3/09). Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincerely, Jana Beagley Planning and Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7007 0220 0001 7025 9653 575 Dorset Street South Burlington, VT 05403 te1 802.846A 106 fax 802.846.4101 www.sbur1.com DEVELOPMENT REVIEW BOARD 3 NOVEMBER 2009 PAGE 2 subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 4. Miscellaneous Application #MS-09-09 of Joe Larkin to alter the existing grade by adding 800 cubic yards of fill, 23 Pinnacle Drive: Mr. Larkin showed the area where fill will go. He said he had talked with neighbors regarding plantings and drainage concerns. He indicated they will use contours so water will flow away from the house. Mr. Donahue noted that even if the DRB approves this, the Pinnacle Board can deny it. He said the Board is concerned with remaining views of the lake from Pinnacle and wants to keep the view corridor open. Mr. Belair noted that no landscaping is allowed to grow higher than the house. Mr. Donahue noted there are sometimes covenants which are more restrictive than city regulations. He felt there should be a way to coordinate this, possibly asking the applicants if they are aware of any covenants. Mr. Knudsen said the DRB cannot deny an application because it conflicts with private covenants. Mr. Bresee referred to the Spear St. corridor study and suggested the applicant consider that if a berm is to be built. Mr. Belair said they are 35 feet from city property, so there are no city issues. Ms. Quimby moved to approve Miscellaneous Application #MS-09-09 of Joe Larkin subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 5. Continued Sketch Plan Application #SD-09-45 of Algimantas & Neringa Shalna to subdivide a 39,475 sq. ft. parcel into three lots of 13,938 sq. ft. (lot 2A), 12,746 sq. ft. (Lot 2B), and 12, 746 sq. ft. (Lot 2C), 45 Highland Terrace: Mr. Behr noted that the DRB met with the Planning Commission regarding issues in the City. The Planning Commission was very clear about having applicants adhere to design standards in a district relating to density, etc. He noted that lot 2A is not in compliance with the district regulations as it is being presented. The applicant showed an alternate plan that does conform. He said it is actually cheaper to build. Staff was OK with the applicant going forward. 6. Continued Site Plan Application #SP-09-63 of Burlington International Airport to construct two additional parking levels to an existing three -level parking garage to accommodate 1370 vehicles, 1200 Airport Drive: Mr. Belair advised that the applicant had asked to continue the application until 17 interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the. DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE; IV �/ �- llW y PLEASE PRINT CLEARLY! NAME MAII Mr. &nnDr:cc . wJCl. 1 Ur iN I tKtS 1 &4 ( t, C('ecL-c rcb P4 � 013 5? �71v (,C�.P�r�r(G f vr' J 1 `P �4�(D Cr 7� PN i �-. P Nwva. �� U�, f I VA Jam �3 �� AS, south PLANNING & ZONING November 5, 2009 Kevin Donohue 22 Pinnacle Drive South Burlington, VT 05403 Re: 23 Pinnacle Drive Dear Sir or Madam: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Jana Beagley Planning & Zoning Assistant Enc. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com November 5, 2009 Daryl Meunier 28 Pinnacle Drive South Burlington, VT 05403 Re: 23 Pinnacle Drive Dear Sir or Madam: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, ?Jana Beagley Planning & Zoning Assistant Enc. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com a d d y 1 I i I I I I 1 1 1 \ \--------------------------------- Pinnacle Drive I I I I 1 I I , 1 I 1 I I ; 1 1 1 I 1 , I 1 1 1 1 1 1 1 1 ------------------------------------- I 1 �-� 1 1 1 ------------- ��rs��liii��ii�isi—j�i�� i;`wm ererAg Mo.e � .... •� �� \ 1 1 � ' %.dual —shot. e..k d \ 1 1 ♦2 - --... _..-..- — AM bens 1 \l /'1�,' .' ,-33i A 1 1 \ Legend rx� / / \ \ 1 Add.d i7 D.pd, �- Add e.oavtn. `•_ \ \ \ \ \ \ \ \ \\ `p - .� \\\ ___., '•}6' -_ '� _.'— ,.1/ '' \\ \\ \\ Jam_ i � ��,-----"—�— 1 1 1 \ \ \ 1 1 \ \ \ 1 \\ \ \ I r' \ 1 1 \ \ I J \ \ 1 \ r--j I \ I I II \ GRAPHIC SCALE ; t''W",, I LLEWELLYN - HOWLEY 0 20• 1. ao• INCORPORATED W E - caneunmg semaes englnoarl%g pwrmltelmg 20 It1mh.11 Ave Ste. 202N p (802) 658-2862 1 inch = 20 ft. ',, r I S south Burlington T (802) 658-2100 1 1 L �` Ve—nt 05403 http:llwwvr-Ihlncmet Notes t. Owner/Appl/cmt: Locus .. _ Je11 D ♦t F. Larkin 23 !%node Ortvs South Burlington. VT. 05403 2 project description: Add 2 decorat1w earthen privacy berms and landscaping 3. Landscaping plan attached by Moldenleof Dedgrra August 200& 4. Topographic and extsting features Information by Button Professlonal Land Surveyors, October 2OD9. Lot boundary Information tram City of South Burlington Tax Maps. 2009. A Proposed earthwork Mown to approximata. 6. Site i nprov rnwts require rougphly 800 cubk: yards of fill and wit disturb roughly 0.3,I acres vrol«c Joseph F. Larkin 20070a2 Deter t0116106 sot„e.d;.e„. 23 Pinnacle Drive ...,..r _ Site Improvement Plan 20-2 JL Fle U..g. BhaeU 1 a 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: October 28, 2009 drb\misc\larkin\larkin_fill.doc Application received: October 19, 2009 enda #4 Owner/Applicant Joseph F. Larkin 23 Pinnacle Drive South Burlinqton, VT 05407 Location Map 23 Pinnacle Drive Miscellaneous Application #MS-09-09 Meeting date: November 3, 2009 Property Information Tax Parcel ID 1338-00023 Southeast Quadrant Zoning District CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\misc\Larkin\Larkin fill.doc Joseph F. Larkin, hereafter referred to as the applicant, is seeking miscellaneous approval to alter the existing grade by adding 800 cubic yards of fill, 23 Pinnacle Drive. COMMENTS Associate Planner Cathyann LaRose and Administrative Officer Ray Belair have reviewed the plans submitted on October 19, 2009 and have the following comments. This application shall be reviewed under Section 3.12 of the Land Development Regulations. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation. Standards and Conditions for Approval: (1) The Development Review Board shall review a request under this Section for compliance with the standards contained in this sub -Section 3.12(B). An application under Section 3.12(A) above shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. The plan submitted by the applicant shows the location and the new grade of the additional fill. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. The applicant has noted that this fill will be used as a landscaping feature, intended to create two decorative berms on the site. For this reason, staff does not recommend a time limit on the placement of the fill. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing drainage, and other appropriate measures. The proposed berms are located in close proximity to the northerly and southerly property lines. The applicant should address drainage or any potential of stormwater runoff as a result of the berms. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\Larkin\Larkin fill.doc (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. Staff does not feel this requirement will be necessary for the subject application. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. The pre -construction height for future development will be the existing grade. SITE DISTANCES The subject property is a corner/through lot, with frontage on Spear Street and two portions of Pinnacle Drive. Staff has examined the plans to ensure that the placement of fill will not obstruct the visibility of pedestrians, bicyclists, or automobiles in the area. The fill appears to be set back enough from the Spear Street intersection so as not to create any site distance issues. Plan Errors The site plan includes Olivia Drive to the north of the subject property. This road is not Olivia Drive, but rather Pinnacle Drive. Olivia Drive is an outdated proposal. The plans should be updated. 1. The plans shall be revised to remove all references to `Olivia Drive'. z9ft-io—ITA Should the applicant be able to adequately address drainage from the proposed berms to the satisfaction of the Board, staff recommends that the DRB approve miscellaneous application #MS-09-09. Respectfully submitted, o1'd.4hA1A. _� V111 11112'. thyann` LaRose, Associate Planner Copy to: Joe Larkin, Applicant I I I I I I I I \---------------------------------------1— I I I I I I I I I I Olivia Drive I 1 1 I I I 1 I 1 1 -- — I I I \ 1 =----------r-------------- I I �__—L-- -�--------L-- F__---�--------------------r-------------- ----- --- ---- .; I '\ / 1«m grodkg shown I. '. i ponceptsai •nd reeeate the..: I ` \ 3� natures380 ....art....... 13 See is See 'C/ ♦, i _—,, 11 11 11 1 353 +4 yes \ I t I 1 1 1 1 I I 1 11 I f � `i � y�e � `� � J . \ ^e' .�• �'P Nr,�///'Nt),,� 1 1 \ II Am a.•«wehw b— .. .... �� /j i ��' �n//,N�r/j %;"'�•,///y/:N.' I 1 �O 1 \\ 1 R 1 \ \ I , •,. ,,y N " N„,San So;�,K%5;, 1 1 \ Ui ♦ ,+/'ii•/ nu/ a„HN,%"n,,iN i irr��;�/ \ � 1 R 1 \ 1\ {. If I I i l l le / Y j ~,,rr^ Add do—ame berm 00 I L_ a — -- -- \ \ \\ \ itI;' ill •. �';..._...... ., ------.._--- �,,, I 1 r L---------Ji \ \ \ I I \ \ \ L I \ I I I \ \ I 1 I \ \ I I J \ \ I 1 \ 1 \ GRAPHIC SCALE 1 Inch a 20 ft. LLEWELLYN - HOWLEY I N C O R P O R A T E D W+E— Consulting Sarvlans , Engineering Permitting 20 K1mha11 Avn tSto. 202N .-A 05403 F (502) 65s-2862 Locus Legend EYhHig Contour _. -. .:Dp ..... _.......... Proposed Contour Sea Edge ofP.— t— — — — — — — — — — Property Line e� e- Added no Depth +t Notes 1. Owner/Applicant: Joseph F. Larkin 23 Pinnacle Drive South Burlington, VT.. 05403 2. Project description: Add 2 decorative earthen privacy berms and landscaping J. Landscaping plan attached by Moldenleof Designs, August 2008. 4. Topographic and existing features Information by Button Professional Land Surveyors, October 2009. Lot boundary information from City of South Burlington Tax Maps, 2009. 5. Proposed earthwork shown is approximate. 6. Site Improvements require roughly 800 cubic yards of fill and will disturb roughly 0.33 acres RECEIVED OCT 19 20003 City of So. Burlington Proteeh Joseph F. Larkin 2007M we« Comoros „e,hga„,eq„n 23 Pinnacle Drive Site Improvement Plan 3004072 JL FBI W'qe Permit # -�- 0� APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation ( ) Request for a conditional use ( ) Request for a variance (X) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone & fax #): j o s c ? h F. 1. a ¢ K t M ., -L -3 'O n t, v t. Sc.. TJ tA.,% Vl n.—n A'6 OS 40 Ix T_CA.(. cJ -nd. a 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone and fax #) l_4,dr—k . 13 A��Nrae\c. Dnwe Sc..'I3tt�st_�.:..� t�Ai VG2vv�o +� crSAo3 T- 734-S33-7 F- SLH- 0(.49 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): LAe►ce LlewtllH,.., Llewe ll.�.,,_ Nuwley i..t. 4.o Kt;..,btc� !]v� Sk�lre 2o- wig Su. (3�c1��u4kv../Ven+v�ow+E 0S'A03 T 4Sti-ZtUO F c.se-zr��z_ 5) PROJECT STREET ADDRESS: 23 ►� i .ra cls. �Rl V o 6) TAX PARCEL ID #: 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): 'R[sid_ewr+%tol C. Total building square footage on property (proposed buildings & existing building to remain). - Lk P-i c k p, -.!.e d D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): lulu cls a N ! e cL E. Number of residential Units (if applicable, new units & existing units to remain): I.&w CA%Gti< < d F. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): N G. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): , ►1n ► 5 A � C� t. i e c� t t o ..► i s 4ru a,&cL aL a e o r% .4 %:u < h e eLew-w i a.,,L L,. - .L s e a n t w e -Fan+c� aG . Soz w1-:rr-�clned r�Cc.a.�s . 8) LOT COVERAGE A. Total parcel size: tAO.J Cl� C-w S` cA Sq. Ft. B. Buildings: Existing lANcAAAN e % / Proposed i&,k % / _ Sq. Ft Sq. Ft C. Overall impervious coverage (building, parking, outside storage, etc) Existing % / Sq. Ft. Proposed od % / Sq. Ft. D. Total area to be disturbed during construction: -;2: r't.cuo Sq. Ft. * l.a.u. A Aa`c. * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ N A B. Landscaping $ ►.1(a C. Other site improvements (please list with cost): Nn 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and out): 0 A B. A. M. Peak hour for entire property (in and out): N A C. P.M. Peak hour for entire property (in and out): P! A 11) PEAK HOURS OF OPERATION N (A 12) PEAK DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DATE N A 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): *hx- 5v�,( aI6 d I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: �0` 16 REVIEW AUTHORITY: Obevelopment Review Board ❑ Director, Planning & Zoning have reviewed this application and find it to be: M COMPLETE ❑ Incomplete vv rP"k Deli- I r rn eUA t r I" V-� VI ETU U P , ✓1 U l G< C-�4.. 1 , I PCB' :� �--