know nine six nine four one one what is this additional that's actually the walk in cooler that's the walk in cooler oh i see right there on the on the plan it's to get the exhaust systems mostly out of the dining area as well as getting the equipment out of there to you know i've noticed especially the last couple months cooking out front can't always control where the grease flies you know and and i feel i know it's been there for a really long time but i just there's going to be that maybe one employee you know that may be inexperienced or maybe we're still working with and then somebody might get injured you know whether it be you know my staff or customers it's really close quarters behind the counter for us and not only is it taxing on us but you can't really get away if something happens you know what i mean and i'm trying to create more space get the equipment away and give my staff more space from the girls if need be to create it to make it safer essentially but like i've said before the exhaust systems are very much messing you know like a lot of my customers came in open the front door when they come in because the exhaust systems are just sucking so hard a lot of metal their customers have a hard time  and we just want to make it better for everybody and i just feel that it's time for that but definitely no additional seating adding central air because i know you have window rattlers in there well we already have an existing air conditioning and f e once we would install this new exhaust systems will take care of the negative airflow that's in there everything will be even and then should be working properly at that point when nothing is on and they work fine you know there might be some updating to the systems for man to pull out a motor here and there or something like that just to kind of you know get it up to speed but for the most part they should be fine you know with what they are they just don't work properly because they're always fighting against the exhaust system that's in there already also on the other side of the restaurant we have a stove out front and there's actually the original fan portal that's on the other side of the fire marshall said that we can continue to use the stove on that  side with the fan but we can't do things like sauteeing or anything with oil on that side because of the current monoxide that it gives off in the cooking and it's not safe as long as you're boiling water making soups and stuff like that like it's ok because we're grandfathered in to be able to use that space so essential in trying to get rid of that put the oven out back so that we can use it for what we need to use it and not with the customers rate there so that we can appropriately userspace i mean honestly once we get in there and we get we're going to do some raised beds ever been talking to my landscaping companies and say it's going to look really nice said and from concerns yes so you have a copy of the stuff right proposed any authorized combination of density or intensity transfers and makes land uses may deviate from by a lot of acquirements the reason this project needs to be considered a ph d is because of the sixty two foot  tback from wilson road the existing building is within sixty foot setback and the proposed addition will also be within the fifty two foot setback but will be behind th make i don't think any setback waiver is necessary you're not seek the distance of the building from anywhere because i don't know about the side lines if you're talking about front of the building well the federal building is going to stay exactly where it is right yes so the said that the setback violation is not going to change greasing the amount of structure within the i don't think that matters there's two things there is because it's from the building to the property line and then there's also the degree coverage within that that back in the degree of coverage given the fact that with the increasing and the existing structure you should use of land not really an efficient use of land and the viability of infill development and redeveloping the city's core area so to me this is about the viability of infill development parking goes and obviously with your permission since we're including staff parking with that we thought that maybe if it was possible we could put a couple of parking behind each other on the side of the diner the one that hugs the property with the rental car company that's next to us only three cars deep though because they don't want customers looking out the window at the side of the diner and seeing our cars parked there but if we're only backing ourselves and i mean we're not going to be leaving until after we close anyway i don't know if that goes to be a problem area so you have your parking areas nicely numbered on the plane up to number twenty four and  that looks like it next to no it doesn't exclude so twenty four will go down to twenty one partner parking spots right we would lose number eleven  choose twelve it's only june losing two we also may be able to get a parking spot in or two in front of the cooler or on the side of the cooler there as far as customers go required parking spaces with the addition would be thirty five at a rate of eight hundred spaces per thousand feet of area the board has the ability to go had  e chatted with the applicant about it and we think that there may be a way to get twenty six spaces on the lot there by meeting the parking requirement going down to twenty two we can only approve a minimum of twenty six you can alternatively they can do an agreement with her off that parking which would require the person who the agreement is with to come in first i plan review to demonstrate that they still have enough parking l times i've never had i've had trouble getting a seat neighbors i have very good relationships with all my neighbors the one that shares the property with me right now we have a handshake agreement that we've had since i've been there where i maintain the parking lot salting plowing and everything for the year and i can use all the parking spots on this side of their building to have another small parking on the other side they don't take in customers they're all internal doors locked so it's only what they have for employees of the use their par if i need to if you feel that it's necessary to do this he will come through and he will do everything but as a relationship i'm trying not to go that far and just keep our relationships the way that they are because it works you know and and not having the contract you know i i'm afraid somebody driving through the front of the diner somebody coming out of the diner somebody is going to get hurt so i put my handicap sign and everything right in front so nobody can drive up and then on the other side we have one of my employees park on the end of the coolers and nobody can get in on the other side either so we block that all off totally as it is because it just i don't i feel somebody walking you know somebody out there and definitely don't want that so it definitely will not be a problem but sure this is you can call those who they may be we'll just try to get baster at it the only question i have about that is is there like an emergency requirement would there ever be a reason for the words you vehicles to want to use that space i guess they could still use it i that's something we cannot post to  and i had the pleasure of catching up with matt and bill about a month ago on a variety of things and one of the recommendations that they had was that we come in when there's a relatively light agenda and given give a little more of an overview of what the families code district is how it relates to the d r v and just what's going on so that's tonight so no action required from you but happy to take any questions as we go i'm going to give as i said a little overview of the form is code and then tie that into appeals which isn't necessarily the same subject but as we know a couple months ago it was the same subject so it seemed like a good opportunity to chat about both so go ahead so basics of the city center form based code we started a project in two thousand and eleven with the planning commission and later reform base codes committee to develop a new set of regulations in the city center area there were four or five different zoning districts that came into play there that was what we had called in the past the central district which was a a very design heavy district that had a role for design or view committee lots of static reviews and then we also had our c one r twelve district which is basically the same zoning district as shelburne road and then some residential for districts and a variety so that cool with this was to pull it all together put it into a single form base code a few of the key highlights of it one is that there are many many fewer use categories in fact what we did was we flipped it on its head whereas everyone else  regulations the first thing one of the first things we look at is is the use allowed in the district and if it's if it's not in the list then it's not allowed it's flipped on its head in the form visco district where everything is allowed unless it's specifically prohibited so that's that's a key that's a key change and one of the two the principal goals that is one to be out of the business of debating whether something is a bakery or a donut shop which is a  frustratingly tiresome discussion to get into especially when we're talking about a downtown area and to to encourage an area where things we haven't even thought of may exist in the ninety's nobody would have thought of what an internet cafe is today there's all sorts of other things coming up that you know growler station slash pet food store i don't know  prohibited heavy industry adult uses in i'm going to talk about a couple of different teas own split in the ones that are a little more residential heavy truck traffic those are basically what they are there's also a list where we differentiate out between new buildings that fully meet the form based code and older buildings where say somebody wanted to put a car dealership into a building that meets the full form base code then go for it but the goal is not to take a preexisting building on san remo drive and turn into a used car lot so there's there are a list of a few things that aren't allowed in preexisting buildings but would be allowed in a new building  the only key one will talk about transact transects owns in a minute is that residential uses are not allowed in the first floor of the t five transect five district that's intended to be the real core of the downtown well we'll look at that in a minute  as i said use is intended to play a secondary role the primary review here is really about the building form if the building physically is located and has the architectural features of a downtown building then it can have many lifetimes church street basically the same buildings have been there for one hundred thirty years and each one of them has had multiple multiple lives that's the idea here generally and we'll talk about exceptions in a minute it is designed to be in a ministry to review so full site plans are reviewed at the administrative level parking requirements which we just went through with your last application are dramatically reduced so across the board for resit for commercial uses it drops down to parking spaces per thousand for all uses you were just looking at one that was eighteen parking space and four thousand and on the residential side it's a maximum of two per unit for the most part philosophically the intent of that is that the city is not in the parking game it's not necessarily say two is a target for two pieces pieces prefer a target for the commercial u sers it's really the the building owners and the tenants know best how many parking spaces they need so that's that's really the intent there there is no so we're not we're not aiming to stop let's assume that it's a green field it's just it's just a piece of grass right now which there aren't many off but let's assume that it's that it's a clean site in order to do any development on it  first about eighty percent depends on the district but about eighty percent of the width of the lot must have buildings on it and then you can do what you want behind it so if you choose to park it behind it you're welcome to but you can't just put a parking lot in without a building there's a good question which is similar to how the trader joe's and pier one building was reviewed that's it's not a complete left turn from that is that is a consistent even if the city wants to do yes so the city the city can't go and build up without a building that although there are certain exceptions for parking garages where a parking garage can exist if it's in behind a building or a parking garage can exist on certain street types what we call a secondary street there can be a parking garage on a second history also not to get too much into the weeds a parking garage can be built if right on a main street if the first floor has has or has a commercial use for the first thirty feet deep it's not a common feature but it could be done somebody could choose to make a storefront and then put a parking garage  there is no density maximum in the form base code district the everything is dictated by the total form of the building there is a requirement for anytime somebody is building twelve or more housing units it's called percent of median income but it does apply to all new development of at least twelve housing units and then last but not least i'm sorry is median income based on a good standard was it was a standard ok so it's  the inclusionary zoning standard says that there has to be fifteen percent of doing units need to be affordable of those one third need to be at eighty percent of median income affordable to somebody eighty percent of median income affordable and so and i think thirty plus of them are below eighty percent of median income so they're well meeting the standard somebody who chooses to exceed our standard is more than welcome to encouraged it ki can bank your affordability so i would see the inverse order of what you just described if somebody built a cathedral square building and then built some market rate units then yes they can there is a provision in the requirement that the affordable units need to be on average no less than seventy percent of the average size of the market rate units somebody's going after al into those things out but yes you can bank essentially your affordability forward or ability first either parallel first yeah and can you bank it from property to property or do they have to be on the same property they can be related t nearly all of it and i'm going to go through the exact circumstances where you where you all have a road most part of this is really just informational such you know happening in the city so last thing quality not quantity approach open space as you know we have a lot coverage standards in many of our districts we've removed in the city center for base code district lot coverage it did not exist in our central district it does exist in some other ones instead of a lot covered which is just a percentage and it doesn't have to be high quality space at all it is a pretty is a ratio based on the amount of building that you do of a high quality open space and open space could be wetland or forest area it could be a a note or seating area for a restaurant like the farmhouse tap and grill or could be a rooftop garden or it could be atrium inside a building it's really the focus is shifting from just a plain x number of stitches of grass to quality spaces for people it doesn't alleviate people of meeting all their stormwater standards which they still have to do for local and statewide purposes but it does allow for some creative solutions to that so be concrete if it's well if it's well designed yes but it can't just be a plane of concrete it's not just  paving a bunch of area it's i'm creating as a place for people soloing for h with this is of discretionary call about whether it's satisfactory and there are there's actually a there's a table at the back of the land development regulations that describes exactly what it means to be well appointed so if you're doing a pocket park it has to be have a tree cut tree canopy coverage of at least i can remember the number forty percent there needs to be at least x number of seating areas for people there needs to be needs to be accessible from a is just you know city property here you're talking about open space be the outdoor seating area on the property owner's property take we may also moving forward have opportunities for folks to have outdoor seating on city property on a place like market street but this is all in the private side so for the first building the cathedral square building for instance in behind the building they've built a area for or oriented towards residence to have a little seating area tree canopy around it so that somebody can go and read a book outside they chose to put it back they could chose to put it in the front but they put it  strong presence on the street something along the lines of say the u v a medical center that was put up by the pizza galleries on shelburne road with the with the liberty and used to be that could be an example of it the teeth three is the yellow in the pink in the far right hand corner that's supposed to be more of a transition to residential areas buildings are supposed to be residential in design and have a certain total mas project that is very close to a t three would be the david shenk buildings that you all approved a couple years ago right there at the east end market street and then the red cross hatching in the middle on right on market street on the on the western part of market street that's the t five that's intended to be two to six story buildings with a strong commercial presence on the first story i'd say a pretty good example of that would be the larkin terrace knowing that you've just proved over  nothing there was a lot of discussion about how to best pursue that and ultimately what the planning commission decided was that the form based code should represent what the private sector's responsibilities rights responsibilities are in terms of regulations and the public sector should it choose to acquire land to do something larger than what an individual private sector's responsibility that's on us to acquire so the city does have an option for instance on the acquisition of a piece of land where the  the same set of the router's cathedral yeah immediately next to it so the the land the if you've been down market street there's a there's an area that's been cleared the western half of that is for the c square building the eastern half of that is the location where this would take place right the entrance of central school right here and there is a plan for having some performance space in there as well that was part of the  application i did have a quick question about the southern side of the bend in market street wasn't there if it isn't that somewhat wetland and i thought there was room for a park in new york there is a there is a fair amount of white area right where you see the letters s t on market street part of part of our permit being for the redesign of market street includes a significant storm water feature in there and it has been designed in such a way as to be both a stormwater going to be having to put pre application meeting with staff it's optional for applications before the d or being for the most part though everybody does it it's a required element of the form is code in practice one a pre application meeting really is multiple meetings our experience thus far as folks really want to make sure that they've got their ducks nose of the show one part of the show another part of it pieces that they're going to be showing us on the site plan the arrangement of the buildings eventually once they've got all their ducks in a row we're going to see a full application full application submitted to the fire department of public works for their complete review the the applicant is required to put out a notice just like they do with the d or b hearing but instead it goes to an applicant led neighborhood meeting and really the purpose of that is based on all of our experience in working with you completely have thirty days to shoot decisions then the decision is issued that's basically the soup to nuts quick version that no sorry  earlier this spring what you're looking for essentially in this is are they creating parcels that are developed for the creating legal parcels will help you walk through that that's essentially w taking place here process is catching them a fine second thing we have an official map and anytime there's a public street proposed by definition that creates a subdivision so therefore it's going to  you it's so it's there because it's a subdivision but also the form is code has certain flexibility about where on a property is tree can be located you've got some of you authority in there to make sure that it is both meeting the modify those it's a very tight authority meaning that an applicant really needs demonstrate to you how they've reviewed and made sure that this is not creating a future problem like the intersection of miners drive and white street because the location of intersections are pretty critical because they're usually designed to the across from one another for so it'll take there's a heavy burden on an applicant to move something from where it's planned to be  done but they need to make sure they've got their ducks in a row street types the form base code lists out a whole bunch of different types of streets typical streets sections it's something that the planning commission is actually looking at on a city wide basis to give a little more predictability to everybody about what is a standard neighborhood streets look like what is a standard type neighborhood streets look like in the form based code the streets for the most part the streets that have been laid out already have a street type associated with them however somebody can choose to add in multiple additional streets if they want the humam property came in decide to do redevelopment they may choose to do internal streets because it gets more development potential they will the board has they'll need to determine with the board when they're coming in for the streets what the appropriate street types are there's a list that are allowable in each different transect zone the t three the residential type five the the more urban one but it's in working with the board of making sure that let's say there's two properties next to one another but it's not going from a will narrow two lane road to a board looking at transitions and things like that proposing to impact streams wetlands interstate buffers then the board has the authority to look at that the planning commission and form a code committee wanted to make sure that the natural resource impact like that is being considered by the board it could be as part of a subdivision it could be part of miscellaneous application it's the same authority that you have elsewhere in the city and the board can just as with all of the other things in here have the information necessary to make a that one may have a few more older books than typically we have but that's odd that's the wrong text in there i will clean that up but what it is intended to say about public buildings is that public buildings typically in cities are a little bit of a special creature they don't usually need all the basic elements of a form base code they are a special thing to usually a more elaborate architecture or more distinctive architecture but it might have a larger green space in front of it than typical buildings would have or things like that so the board has the authority to waive certain requirements such as the percentage of building near a street the setbacks things like that in exchange though there needs to be debt some demonstration that there has been a public design process associated with it and that if there are any adopted or guidelines that have been put forward by say the school board or or we that means something like a if a consultant was selected to come up with proposals for architecture opportunities along the way for the public to weigh in on on those designs before it ever came to the d or b so if there was a sense it would be maybe a design program in a pub and hearing things like that on the design side know independent of the day or be here before it ever gets to go so we're basically certifying that public process was held and that it was right that it was sufficient and then ultimately you have a little more authority beyond that to also say and this fits in well with its context all right next one well we'll fix that the slide for when we send it out to you there's one specific area where there aren't a lot of options for waivers in the form based code but there is one here that there was some feedback from from folks along the along the way and the planning commission thought this would be a good opportunity  to allow for some flexibility as i said before in the tif or in the t five district there are specific standards for how frequently doors need to be placed that's a really key element of a functional pedestrian oriented downtown because  as soon as you get to a blank wall typically human nature is to turn around and go the other way and so as we talk about creating a whole system area where people are are walking we want to make sure that people want to walk from one building to the next  however there may be other ways than just doors every thirty feet to meet that that is that is a tried and true way to do it but there may be other ways very creative ways to doing it and so there is an option in the form based than an applicant who wants to have a different spacing of doors can come to the d r p and proposed an all an alternative your review standard in that case if and when we get one we'll share it with you but there's a very detailed purpose statement that i basically what i just described about why we have that door standard in there and somebody has to demonstrate that they are meeting that intent or exceeding that intent it doesn't specify exactly how it's met can be met that's really left to the creativity of africa and so that's those are the roles of the d r be in in the form based code they're a little disparate but those are the various different rules i want to talk just for two minutes here about the board's rules and appeal board i think almost all i guess all of you have been through some kind of an appeal one way or another as you all know any decision that ray makes or marlowe or cathy has as a systems or a minister's is appealable that appeal goes to the development of the board we sometimes joke that if we don't agree with such choice that we can appeal it but  so occasionally does happen it has happened with things like the methadone clinic over by the airport various different zoning permits that are issued in that capacity t typically is standing in res shoes has the same authority that ray has and is essentially reviewing the application as though the board was the administrative officer and making a determination in the same shoes perspective on how he got to that that decision and then and then and then we move forward it is possible as you witnessed a couple months ago that the board could be asked to play a role of considering proposed appeal ation so it is possible that the parties in between when there is an appeal issued or submitted and a be here on the subject that the parties get together and come to some form of the green that what happened this summer was exactly that where there were some modifications that an adjacent property owner sop to the project in that case what was presented to the board w stipulation and proposal for your decision in order that the applicant agreed to the appellant agreed to and that the administrative officer had signed off on that part was was important and that was intended to signify to you all and to the public that as the administrative officer in the in the appeal of his or her action that the regulations are still being  placard that the administration mistreated officer issues that is required by state law to be posted within view of the public on the subject property for a period of at least fifteen days and those debugger get there the notice of the tha and recall that the the of butter under form based code has also received a mailing notifying that there is an application so they are aware that there is an application that has taken place which is a higher when the placard is of the decision is issued and posted and posted yes so we indicate to two people that they are into that they're supposed to post it immediately if for whatever reason it takes them a day to get it posted we strongly encourage them to leave it up and at least an extra day and then it would be up to a d or b and subsequently the e court or a supreme court to determine whether somebody had put it up in a timely fashion and whether the magi capture everything on that because since here you're more in the midst of all those than i am that's right that's my that's my summary i want to flag the appeals thing because we're not aware correct me if i'm wrong ray but you've had zoning permits appealed you've had notice a violation appealed up until this year you've not had a site plan appeal typically the administrative authority in a site plan in the past have been things like moving a dumpster change of use adding a little parking area a small addition to a building that did pretty minor things under the form base code as there are larger projects that can be reviewed the possibility of an appeal is a little bit higher that's my that's my quick dime two or any of any questions on this yeah i'd like to know whether this is actually more as i think the intention was for it to be more efficient an easier system or it got i'm interested in his opinion over whether it's actually actually is a better system can we can can come up and are you willing to tell her something that usually involves a lot of coordination and creativity and it's it makes it frankly kind of formulaic you know the code is the code and it's like a cookbook and a recipe and you just have to exactly follow the recipe and what comes out the other side you know it's really the result of the code the recipe and not kind of the creative kind of design development process that we're used to so that's a little different and in working with architects and designers you know there's some push back you know we don't necessarily like it because it's taking some of the creativity out of the process so that's kind of the challenge the good thing is you know we all know that predictability  this makes the process way more predictable for us and less you know quite nice and we do think it's going to increase efficiency and we do think it's going to really streamline the process in a positive way you know one of the things that all the shit that we also struggle with is a lack of the river so for example in the oif on the ground floor you're acquired when eighty percent of the building to be glazed right such a lot of places that we struggled to meet the energy code because it's a stretch coated in eighty percent of the ground floor being glaze that's that's a lot of  and for example like if we were to design a building that had seventy percent glazing and it was a gorgeous building ray would have to deny that permit even though we're meeting the intent of having a lot of glazing and a very attractive building and everyone can look at say that looks great you know that that permit would be hot and there's no mechanism to go back to either staff for administrative and these guys did a great job in employing together but there's always so many unforseen issues that come up that you know you guys know as well say some stuff that the code just it's just impossible to predict ken you've had the opportunity experience yet so i'll i'll share i think we've heard some really good feedback specifically on the the little things that change of use just being out of that game about  i've got a store i've got a building on lowest in road and i want to change it from x to y it's just there's no more checking to see whether that's an allowable use or not it's just that here your feedback i think today i there's a pretty strong argument out there that the idea that municipalities have a strong rational basis for the numbers that exist may be a fallacy to begin with so we've got lots of detail numbers but they may not actually represent reality a very successful restaurant and a very unsuccessful restaurant of the exact same size can have a clue magically diff parking need so just that 's a starting point from there i think it has two basic principles in the city center area one is that a developer such as ken has at least a good a sense as the as a staff person does about how much parking they're going to need for their building so that's that's one and then two especially in an urban area as more options present themselves there will be opportunities on market street for on street parking there are transit routes there there are a bicycle paths going in there is walking there's all sorts of other ways that people will be able to get to and from where they're going and so a place like downtown burlington or downtown or starts to see a dramatically reduced parking need either from the used to use or just in general and so our are our needs drop as well and again there isn't a maximum in the city center for me it's kind of serious so if you can decide for his next building that he needs three four five space of the thousand he has the authority to do that we're just not telling him he must do it you must dedicate valuable land to parking whether you like it or not we're not saying that so that's the that's the overall  sometimes it works and sometimes it doesn't i've got a building that's not in a downtown location that's up on water tower hill where the opening for school pharmacy across the way and there's a lot of kids that go to the aisle but the school pharmacy when it's when they're in session  there's no place to park except they come right across the street and parking my parking lot which means the next step is for me to do to close off my parking lot and and start either charging or or whatever i parking is still a significant issue i i was i was at the same session you were at the other day or that the s b b b a came i think you were there i got you know i didn't talk about it i mean a car is present thank you very much but there were a lot of dreamers there  and and that's great it's nice to dream it's nice to dream about automated cars it's not a nice dream about about the last no need for parking but we are in vermont we can't ride our bikes in january very effectively and those who do don't ride them that much anyway it's interesting how few parking few bikes to see out there maybe they will in city center but city center is going to need a lot of parking and i tell you what when the tiff came up and and was originally talked about for city center there was one thing they were definitely going to do they were going to build parking garages so that would work and that seems to have disappeared one of those one of the few reasons i voted for it was was that the infrastructure the streets and the and the parking were going to get taken care of by the tiff and somehow magically that parking has disappeared area hopefully parking becomes something that is an economic opportunity for a property owner whether we get there or not i don't know but burlington the last ten years i've noticed a number of prime private parking areas have decided to make it make it fit parking there's a revenue generator so that if you can decided to build extra spaces and he doesn't need them five years now maybe he can lease and that i mean you can stop growth though to i he's a perfect example of rid of it right now with built a nice big parking garage they gave the spaces are the options for the spaces to specific users there's no spaces left in any building that wants to wants to do something even if   just to reiterate we're not saying that parking isn't useful what we're saying is if what the form is coded saying is we're not requiring parking that the private sector or public sector deems unnecessary we don't want to dedicate unnecessary amounts of parking to get out i get that my question really is a tiff question that's not  not what you mean these are the ones to vote on or no