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Plannng Board

Regular Meeting

Trenton, NJ · June 11, 2020

Agenda

Agenda

TRENTON PLANNING BOARD PUBLIC NOTICE OF VIRTUAL MEETING In accordance with N.J.S.A 10:4-12, the “Open Public Meetings Act” you are hereby notified of a virtual meeting of the Trenton Planning Board on the date and time of June 11, 2020 at 6:00pm ADVISORIES This meeting will be conducted by electronic means in accordance with the “Senator Byron M. Baer Open Public Meetings Act” of 2020, which explicitly permits a public body to conduct a meeting electronically during a state of emergency. Governor Murphy issued Executive Orders 103 and 107 declaring a “Public Health Emergency and State of Emergency” and directing residents to quarantine and practice social distancing. Virtual Meeting Access Instructions The City of Trenton Planning Board is utilizing Microsoft Teams service to conduct regular meetings in compliance with the New Jersey Open Meetings Act. Join Our Meeting You can participate in the meeting in Desktops or through a Telephone conference call in. Only participants with a web camera will be able to testify on cases. PC Login Steps 1. Go onto the City of Trenton website at https://trentonnj.org 2. Select the Board or Commission page for the meeting you are looking to join. 3. Once there, you will find a link to the City of Trenton Microsoft Teams public meeting for the Board or Commission of your interest. a. We would like to recommend that you turn off your video feed to ensure video feeds of Board/Commission members and presenters stream smoothly. b. All microphones of public users will be muted, except during the public comment portion of each agenda item. 4. The meeting can also be accessed directly at the url: https://teams.microsoft.com/dl/launcher/launcher.html?url=%2f_%23%2fl%2fmeetup- join%2f19%3ameeting_YWE4MzRmMDAtOTQ4ZC00ZjBjLTlkNzQtNmIxNjlkYmMyOTRj%40thread.v2% 2f0%3fcontext%3d%257b%2522Tid%2522%253a%2522f86c5221-bbd6-4070-b193- 55d36a0de932%2522%252c%2522Oid%2522%253a%2522001a9d24-1532-4fb4-9bde- b761bed214fa%2522%257d%26anon%3dtrue&type=meetup-join&deeplinkId=c9977c9a-03c4-4698- 8531-3112186263fa&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true The Conference ID is 412 046 968# To listen in on the Telephone 1. Call the listed phone 609-453-2732 and enter the conference ID number. 2. After that, you will be put into a lobby where the public meeting moderator will get you into the meeting. MEETING AGENDA CONFERENCE o Approval of Minutes o Memorialization of Resolution(s) PUBLIC HEARING o Item #1 20-P-212NC: 212 North Clinton Avenue (North Clinton Ave Redevelopment Area, Business B) Appeal by Attorney Robert G. Stevens, Jr. Esq. Szaferman Lakind, 101 Grovers Mill Rd., Ste 200, Lawrenceville, NJ 08648 on behalf of Community Asset Preservation Corporation, proposes to renovate the building for a small commercial use and one ADA compliant studio apartment on the first floor, and one two-bedroom apartment on each of the second and third floors. The applicant seeks preliminary and site plan approval as well as a bulk variance. Requesting exception to 315:197 parking spaces required and Appendix A, Minimum Lot Size, Minimum Lot Width, and Minimum Side Yard. o Item #2 20-P-540NC: 540 North Clinton Avenue (North Clinton Ave Redevelopment Area, Business B) Appeal by Attorney Robert G. Stevens, Jr. Esq. Szaferman Lakind, 101 Grovers Mill Rd., Ste 200, Lawrenceville, NJ 08648 on behalf of Community Asset Preservation Corporation, proposes to renovate the building for a small commercial use and one ADA compliant studio apartment on the first floor, and one two-bedroom apartment on each of the second and third floors. The applicant seeks preliminary and site plan approval as well as a bulk variance. Requesting exception to 315:197 parking spaces required and Appendix A, Minimum Lot Size, Minimum Lot Width, Minimum Square Foot for Business, and Maximum Impervious Cover. DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT LAND USE AND ZONING SURVEY TO: THE PLANNING BOARD FROM: HOUSING AND ECONOMIC DEVELOPMENT-DIVISION OF PLANNING SUBJECT: THE DIVISION OF PLANNING STAFF RECOMMENDATION No. 20-P-212NC On Thursday June 11, 2020 _________________________________________________________________________ The Planning Division staff has reviewed the following appeal resulting from a refusal of the building inspector to grant a permit. From a planning viewpoint, the Division’s evaluation is indicated in the appropriate space below. Description: Applicant seeks to renovate the building for a small commercial use and one ADA compliant studio apartment on the first floor, and one two- bedroom apartment on each of the second and third floors. Applicant proposes no additions but will add/replace some windows. Address: 212 North Clinton Avenue Trenton, NJ 08609 Appellant: Community Asset Preservation Corporation 421 Halsey Street Newark, NJ 07102 RECOMMENDATION OF THE DIVISION OF PLANNING: ___ We have no objection to granting this subdivision, conditional use, use variance or development plan. __ We object to granting this subdivision, conditional use, variance or development plan for the attached reasons. _X_ We have no objection to granting this subdivision, conditional use, variance or Site Plan, but recommend that the attached conditions be imposed. _X_ Recommendations attached. NOTE: THE CITY OF TRENTON DIVISION OF PLANNING MAKES ONLY RECOMMENDATIONS TO PROPOSED APPLICATIONS. THIS IN NO MEANS ASSURES APPROVALS FOR APPLICATIONS SUBMITTTED FOR DEVELOPMENT. 1 DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT - DIVISION OF PLANNING ADDRESS: 212 North Clinton Avenue Block(s): 1603 Lot(s): 27 ACTION REQUESTED: Preliminary Site Plan, Final Site Plan, Bulk Variance ______________________________________________________________________________ ZONING: NORTH CLINTON REDEVELOPMENT PLAN, BUSINESS B/RESIDENTIAL B § 315-117. Principal permitted uses. A. Business B Districts generally comprise retail and personal service shopping areas and are primarily designed for neighborhood shopping and business convenience. Principal buildings and other structures and uses permitted and prohibited therein shall be the same as for Business A Districts, except for the following uses which are prohibited in a Business A zoned district but shall be permitted in the Business B zoned district: (1) Surface parking lots. (2) Dance halls and skating rinks. (3) Bowling alleys. (4) Laundromats, self-service or with service attendants. B. The following uses are specifically prohibited: (1) Any process of manufacture, assembly or treatment which is not clearly incidental to a retail business conducted on the premises, or which normally constitutes a nuisance by reason of odor, noise, dust or smoke, and any use prohibited in the industrial zone district. (2) Animal pounds and kennels. (3) Warehousing, lumber and outdoor storage yards. (4) Motor vehicle service stations, car washes and motor vehicle repair shops. (5) Drive through establishments. (6) Billiard parlors and pool halls. (7) Auto sales and services. (8) Motels. (9) Business establishments having more than three pinball machines or mechanical or electronic amusement devices, exclusive of City licensing or Alcoholic Beverage Control Board. (10) Convenience food stores over 2,000 gross square feet. § 315-118. Permitted accessory buildings and uses. A. Signs, in accordance with Article XXV (§ 315-191 et seq.). B. Accessory uses customarily incidental to permitted principal uses. § 315-119. Permitted conditional uses. 2 [Refer to Article XXII (§ 315-132 et seq.)] A. Churches. B. Clubhouse. C. Funeral parlor. D. Schools. E. Health care facility F. Telecommunications facilities § 315-120. Lot size, area, yard and building requirements. Business B District Business Detached Semi- Two- Rowhouse Multifamily Mixed use Uses Unit detached unit family structure dwelling structure 2,500/unit structure structure Min. lot area 2,000 4,000 2,500/unit 1,500/unit 2,000/unit 4,000 (sf) (1st 2 units) 500/unit (addt’l units) Min. yards1 Front2, 3 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Rear 20 20 20 20 20 20 20 Side (one) 04 6 6 6 ---5 0 04 (both) 04 14 -- 14 0 04 Min. lot width 20 40 25 40 15/unit 20 40 (ft) Max. bldg. 4/50 3/35 3/35 3/35 3/35 4/50 4/50 height (stories/feet) Max. lot 60% 45% 50% 50% 60% 60% 60% coverage Min. net 800/ 1,000/unit 1,000/unit 650/unit 900/unit 500/unit Residential: habitable area business 500/unit (sf) use Business: 800/business use 1 See § 315-232, Yard Exceptions. 2 When there is only one existing structure on a block, the front yard setback for a new structure shall be 20’. 3 If a property abuts a residence district, the front yard setback shall be the same as for the abutting residence district. If abutted by more than one 3 residence district, the front yard requirements of the least restrictive residential district shall apply. 4 When a building designed wholly or partially for the conduct of business or other non- dwelling purposes adjoins a lot in a residence district at the side, a 6 foot setback shall be provided on the residential side of the business lot. 5 There shall be no more than eight units in any one rowhouse structure. A minimum side yard setback of 6 feet is required for each end unit in a rowhouse structure. § 315-121. General requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for all new construction or additions, as required in Article XXIV (§ 315-178). __________________________________________________ PLANNING STAFF COMMENTS: This site is near the intersection of North Clinton Avenue and Perry Street, directly across the street from the municipal court. The first floor commercial was formerly a bail bond office. The N. Clinton Redevelopment Area Plan specifically encourages the type of residential over commercial development that exists on this site. CONDITIONS TO CONSIDER: 1. Applicant shall testify to comments and concerns of Taylor Design Group dated May 11, 2020. 4 Michelle M. Taylor, AICP, PP Scott D. Taylor, AICP, PP, LLA, LEED AP Steven F. Lennon, LLA, PP Russell Sewekow, LLA Holly M. Pasqua, Office Manager May 11, 2020 Community Planning City of Trenton Zoning Board Landscape Architecture Department of Housing and Economic Development Municipal Consulting Division of Planning and Zoning 319 East State Street, City Hall Streetscape Design Trenton, NJ 08608-1866 Economic Development Re: Community Asset Preservation Corporation Parks and Recreation 212 North Clinton Avenue Block 1603, Lot 27 City of Trenton, Mercer County, New Jersey Preliminary and Final Site Plan with bulk variances Planning Letter #1 TDG Project No. 2002-122.203P Dear Board Members, Our office has received and reviewed the following submission items WBE•SBE Woman Business • Application, submitted by Community Asset Preservation Corporation, dated Enterprise December 13, 2019. • Small Business • Preliminary and Final Site Plans, prepared by Brick City Reconstruction, consisting of Enterprise 5 sheets, dated November 20, 2019. We offer the following comments: A. Site, Surrounding Land Uses, and Proposal 1. The subject property is 0.06 acres (2,500 sq. ft.) in area and is located on North Clinton Avenue, mid-block between Grant Avenue to the north and Lincoln Avenue to the south in the Mixed-Use North Clinton Avenue Redevelopment Area. The lot contains an existing 3 story structure, where the first floor was used for a retail service office and the second and third floors each contain one, 2-bedroom apartment. 2. The site is adjacent to a residential building to the south. The Trenton Police headquarters and court are located to the west across North Clinton Avenue. The two lots to the north are owned by the City and are maintained as lawn, with newly planted trees and perennials in planters. See image below, aerial courtesy Google. 3. The applicant proposes to renovate the existing structure as follows: a. First Floor- Reduce the commercial space from 1,168 SF to 400 SF and create a 600 sq. ft. accessible studio apartment. Taylor Design Group, Inc. b. Second Floor- Reconfigure the space and install new kitchen and bathroom. 131 Hartford Road Mount Laurel, NJ 08054 c. Third Floor- The unit will remain as presently configured. No changes are proposed to the site. T. 856.810.3443 W. TDGplanning.com TDG B. Variances and Zoning 1. The lot and the building have the following existing non-conforming conditions that are not proposed to change: a. Minimum lot area; where 4,000 SF is required, but 2,500 SF exists. b. Minimum lot width; where 40’ is required, but 25’ exists. c. Minimum side yard setback; where 10’ is required, but 2’ exists. d. Minimum rear yard setback; where 35’ is required, but 32’ exists 2. The project requires the following new bulk variances: a. Parking: Please note that the property is just north and outside of the Ewing-Carroll and Train Station Downtown Parking Districts. Therefore, the requirements at §315-187 apply. i. The parking requirement for the Existing building is as follows: Two- 2 BR apartments @ 1.5 spaces per unit: 3 spaces 1,168 SF Retail @ 1 space per 250 SF in excess of 1,000 SF: .67 spaces Total Parking Requirement Existing Building 3.67 or 4 Spaces ii. The parking requirement for the Proposed building is as follows: Two- 2 BR apartments @ 1.5 spaces per unit: 3 spaces One- 1 Studio apartment @ 1 space per unit: 1 space 400 SF Retail @ 1 space per 250 SF in excess of 1,000 SF: 0 spaces Total Parking Requirement Proposed Building 4 Spaces Although there is no net increase in the required number of spaces with rounding, due to the fractional increase, coupled with the creation of a new residential unit without parking, the Board may wish to take the conservative approach and consider this a variance, as well as a de minimis exception from the NJ Residential Site Improvement Standards. (RSIS) Page 2 of 3 TDG The Applicant should provide detailed testimony in support of all required bulk or “c” variances pursuant to N.J.S.A. 40:55D-70c. Testimony should confirm that: • the request relates to a specific piece of property, • a purpose of Zoning put forth in the Municipal Land Use Law would be advanced by a deviation from the requirements of the ordinance, • the variance can be granted without substantial detriment to the public good, • the benefits of the deviation would substantially outweigh any detriment, and • the variance will not substantially impair the intent and purpose of the zone plan and zoning ordinance. C. General Comments 1. We note for the Board that there are no opportunities to increase the number of off- street parking spaces without removal of the building. The benefits of retaining and rehabilitating the building are consistent with the goals of the North Clinton Avenue Redevelopment Plan. 2. Testimony should be provided regarding any proposed repair and replacement of the existing storefront, windows, doors, sign band, and cornice treatment. 3. Consideration should be given to improving the left building façade adjacent to the City owned lots/parklet. This could include new siding, or repair and painting of the existing siding in a warmer, neutral tone. Testimony should also be provided whether the removal of the vinyl siding would be possible, if the underlying brick masonry is in satisfactory condition. 4. Testimony should be provided regarding any temporary or permanent tenant displacement as the result of the reconfiguration and rehabilitation, pursuant to the Redevelopment Plan. 5. We recommend that the flood light be eliminated in favor of a down light, or at a minimum it should be angled at 45° or less and be shielded. Further, the LED color temperature should be 3000°-3500° Kelvin to reduce lighting glare impacts. 6. Testimony should be provided whether a street tree can be provided as required in front of the site. If there is not sufficient area, perhaps the tree could be located on the City lot adjacent to the site to break up the mass of the black façade. If you have any questions or require additional information, please do not hesitate to contact our office. Respectfully submitted, Taylor Design Group, Inc. Scott D. Taylor, LLA, AICP, PP, LEED AP Vice-President EC: Jeffrey Wilkerson, PP, AICP, Principal Planner Stephani Register, Senior Planner George McGill, Esq., Board Attorney Robert G Stevens, Esq., Applicant’s Attorney Stephanie Neal, Applicant’s Representative Patrick M. Lesbirel, AIA, Applicant’s Representative Page 3 of 3 DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT LAND USE AND ZONING SURVEY TO: THE PLANNING BOARD FROM: HOUSING AND ECONOMIC DEVELOPMENT-DIVISION OF PLANNING SUBJECT: THE DIVISION OF PLANNING STAFF RECOMMENDATION No. 20-P-540NC On Thursday June 11, 2020 _________________________________________________________________________ The Planning Division staff has reviewed the following appeal resulting from a refusal of the building inspector to grant a permit. From a planning viewpoint, the Division’s evaluation is indicated in the appropriate space below. Description: Applicant seeks to renovate the building for a small commercial use and one ADA compliant studio apartment on the first floor, and one two- bedroom apartment on each of the second and third floors. Applicant proposes no additions to the building but will add/replace some windows. Address: 540 North Clinton Avenue Trenton, NJ 08638 Appellant: Community Asset Preservation Corporation 421 Halsey Street Newark, NJ 07102 RECOMMENDATION OF THE DIVISION OF PLANNING: ___ We have no objection to granting this subdivision, conditional use, use variance or development plan. __ We object to granting this subdivision, conditional use, variance or development plan for the attached reasons. _X_ We have no objection to granting this subdivision, conditional use, variance or Site Plan, but recommend that the attached conditions be imposed. _X_ Recommendations attached. NOTE: THE CITY OF TRENTON DIVISION OF PLANNING MAKES ONLY RECOMMENDATIONS TO PROPOSED APPLICATIONS. THIS IN NO MEANS ASSURES APPROVALS FOR APPLICATIONS SUBMITTTED FOR DEVELOPMENT. 1 DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT - DIVISION OF PLANNING ADDRESS: 540 North Clinton Avenue Block(s): 21902 Lot(s): 12 ACTION REQUESTED: Preliminary Site Plan, Final Site Plan, Bulk Variance ______________________________________________________________________________ ZONING: NORTH CLINTON REDEVELOPMENT PLAN, BUSINESS B/RESIDENTIAL B § 315-117. Principal permitted uses. A. Business B Districts generally comprise retail and personal service shopping areas and are primarily designed for neighborhood shopping and business convenience. Principal buildings and other structures and uses permitted and prohibited therein shall be the same as for Business A Districts, except for the following uses which are prohibited in a Business A zoned district but shall be permitted in the Business B zoned district: (1) Surface parking lots. (2) Dance halls and skating rinks. (3) Bowling alleys. (4) Laundromats, self-service or with service attendants. B. The following uses are specifically prohibited: (1) Any process of manufacture, assembly or treatment which is not clearly incidental to a retail business conducted on the premises, or which normally constitutes a nuisance by reason of odor, noise, dust or smoke, and any use prohibited in the industrial zone district. (2) Animal pounds and kennels. (3) Warehousing, lumber and outdoor storage yards. (4) Motor vehicle service stations, car washes and motor vehicle repair shops. (5) Drive through establishments. (6) Billiard parlors and pool halls. (7) Auto sales and services. (8) Motels. (9) Business establishments having more than three pinball machines or mechanical or electronic amusement devices, exclusive of City licensing or Alcoholic Beverage Control Board. (10) Convenience food stores over 2,000 gross square feet. § 315-118. Permitted accessory buildings and uses. A. Signs, in accordance with Article XXV (§ 315-191 et seq.). B. Accessory uses customarily incidental to permitted principal uses. § 315-119. Permitted conditional uses. 2 [Refer to Article XXII (§ 315-132 et seq.)] A. Churches. B. Clubhouse. C. Funeral parlor. D. Schools. E. Health care facility F. Telecommunications facilities § 315-120. Lot size, area, yard and building requirements. Business B District Business Detached Semi- Two- Rowhouse Multifamily Mixed use Uses Unit detached unit family structure dwelling structure 2,500/unit structure structure Min. lot area 2,000 4,000 2,500/unit 1,500/unit 2,000/unit 4,000 (sf) (1st 2 units) 500/unit (addt’l units) Min. yards1 Front2, 3 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Rear 20 20 20 20 20 20 20 Side (one) 04 6 6 6 ---5 0 04 (both) 04 14 -- 14 0 04 Min. lot width 20 40 25 40 15/unit 20 40 (ft) Max. bldg. 4/50 3/35 3/35 3/35 3/35 4/50 4/50 height (stories/feet) Max. lot 60% 45% 50% 50% 60% 60% 60% coverage Min. net 800/ 1,000/unit 1,000/unit 650/unit 900/unit 500/unit Residential: habitable area business 500/unit (sf) use Business: 800/business use 1 See § 315-232, Yard Exceptions. 2 When there is only one existing structure on a block, the front yard setback for a new structure shall be 20’. 3 If a property abuts a residence district, the front yard setback shall be the same as for the abutting residence district. If abutted by more than one residence 3 district, the front yard requirements of the least restrictive residential district shall apply. 4 When a building designed wholly or partially for the conduct of business or other non- dwelling purposes adjoins a lot in a residence district at the side, a 6 foot setback shall be provided on the residential side of the business lot. 5 There shall be no more than eight units in any one rowhouse structure. A minimum side yard setback of 6 feet is required for each end unit in a rowhouse structure. § 315-121. General requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for all new construction or additions, as required in Article XXIV (§ 315-178). __________________________________________________ PLANNING STAFF COMMENTS: This site is near the intersection of North Clinton Avenue and North Olden. It is adjacent to a line of new rowhomes on North Clinton. The first-floor commercial was formerly Fishes Lounge. The N. Clinton Redevelopment Area Plan specifically encourages the type of residential over commercial development that exists on this site. The site plan does not address the garage on the back of the property, which appears to be in very poor condition. CONDITIONS TO CONSIDER: 1. Applicant shall testify to comments and concerns of Taylor Design (Forthcoming). 2. Applicant shall testify to expected tenant circulation on site to access all apartments. Access from the front of the site, and access from the alley. 3. Applicant shall testify to lighting and safety issues for accessing all apartments from the front of the site and from the alley. 4. Applicant shall testify to potential green infrastructure and stormwater mitigation on the site in order to address any problems caused by the building exceeding imperious cover limits on the site. 5. Applicant shall testify to expected garage improvements on the back of the property. Applicant site plan says, “not in scope”. What does the applicant intend to do to make the garage, at the minimum, visibly appealing? 4 Michelle M. Taylor, AICP, PP Scott D. Taylor, AICP, PP, LLA, LEED AP Steven F. Lennon, LLA, PP Russell Sewekow, LLA Holly M. Pasqua, Office Manager June 9, 2020 Community Planning City of Trenton Zoning Board Landscape Architecture Department of Housing and Economic Development Municipal Consulting Division of Planning and Zoning 319 East State Street, City Hall Streetscape Design Trenton, NJ 08608-1866 Economic Development Re: Community Asset Preservation Corporation Parks and Recreation 540 North Clinton Avenue Block 21902, Lot 12 City of Trenton, Mercer County, New Jersey Preliminary and Final Site Plan with bulk variances Planning Letter #1 TDG Project No. 2002-122.205P Dear Board Members, WBE•SBE Our office has received and reviewed the following submission items Woman Business Enterprise • Application, submitted by Community Asset Preservation Corporation, dated • Small Business March 4, 2020. Enterprise • Preliminary and Final Site Plans, prepared by Brick City Reconstruction, consisting of 4 sheets, dated January 23, 2019. We offer the following comments: A. Site, Surrounding Land Uses, and Proposal 1. The subject property is 0.063 acres (2,734 sq. ft.) in area and is located on North Clinton Avenue, mid-block between North Olden Avenue to the north and Webster Street to the south in the North Clinton Avenue Redevelopment Area (NCRA). The lot contains an existing 3-story structure, where the first floor was used for a bar and restaurant and the second and third floors contain a 2- bedroom apartment. A block garage, containing 566 sq. feet in very poor condition, is located on Covert Alley to the rear. 2. The site is adjacent to a rowhouse structure extending from the property line to Webster Street to the south. There are commercial facade signs located within the area, however most of the first floors appear vacant or converted to residential uses or accessory storage. The development along the block on Taylor Design Group, Inc. both sides appears principally residential. See image following, aerial courtesy 131 Hartford Road Google 2020 ©. Mount Laurel, NJ 08054 T. 856.810.3443 W. TDGplanning.com TDG 3. No changes are proposed to the site, and the block garage on Covert Alley is noted as, “not in scope”. The applicant proposes to renovate the existing 3-story structure as follows: a. First Floor- Reduce the commercial space from 1,200 SF to 660 SF and create a 504 sq. ft. accessible studio apartment. Existing window openings are to be closed along the south side. The windows with grills on the first floor are proposed to be replaced with 3 ganged windows. b. Second Floor- Reconfigure the interior space, remove a closet, and install a new kitchen and bathroom. The proposed second floor plan on Sheet A-02 contains a note that states “Duplex Unit 1156 SF” which should be removed. c. Third Floor- The interior space will be reconfigured providing additional closet space for each of the two bedrooms. B. Variances and Zoning 1. The existing zoning ordinance requirements for the Business B District §315-117 through 121 apply to the NCRA. 2. The lot and the building have the following existing non-conforming conditions for mixed use structures that are not proposed to change: a. Minimum lot area: where 4,000 SF is required, but 2,734 SF exists. b. Minimum lot width: where 40 feet is required, but 27.85 feet exists per the site lighting and utility survey. c. Minimum side yard setback: where 6 feet is required on one side, but 2.58 feet exists to the principal structure. d. Maximum Lot Coverage: where 60% is permitted, but 94% exists. 3. The project requires the following new bulk variances: a. The minimum required square footage for the first-floor business use is 800 sq. ft.; where 660 sq. ft. is proposed pursuant to sheet A-02. The chart on sheet A- Page 2 of 5 TDG 00 and the plan (A-02) do not agree for either the commercial or residential square footage and should be corrected for the record. b. A parking variance is required, as well as a de minimis exception from the NJ Residential Site Improvement Standards. (RSIS) The project is outside of the Downtown Parking Districts so the requirements at §315-187 apply. 4. The bulk chart provided on sheet A-00 and the plans do not agree, please find a chart below for the Board’s use: Subsection 315-120 entitled Lot size, area, yard, and building requirements Mixed Use Structure Required Proposed Min. Lot Area (SF) 4,000 2734 (E) Min. Yards Front (ft) 0 0 Min. Yards Rear (ft) 20 >20 Side one 0 0 Side rowhouse/ mixed use 6 2.58 (E) Min. Lot Width (ft.) 40 27.85 (E) Max. bldg. height stories/ ft 4 stories 50 3 stories/ 35 Max. Lot Coverage % 60 94.4 (E) Min. Net Habitable Area Residential 500 504 Commercial 800 660 (V) Parking Residential 1-2-br + studio 2.5 0 (V) Commercial (1 space per 4 seats >40 or 1 space per 250 SF in excess of 1000 SF) 0 0 (E) Existing Condition (V) Variance 5. The Applicant should provide detailed testimony in support of all required bulk or “c” variances pursuant to N.J.S.A. 40:55D-70c. Testimony should confirm that: • the request relates to a specific piece of property, • a purpose of Zoning put forth in the Municipal Land Use Law would be advanced by a deviation from the requirements of the ordinance, • the variance can be granted without substantial detriment to the public good, • the benefits of the deviation would substantially outweigh any detriment, and • the variance will not substantially impair the intent and purpose of the zone plan and zoning ordinance. C. General Comments 1. The benefits of retaining and rehabilitating the residential dwelling are consistent with the goals of the North Clinton Avenue Redevelopment Plan. We note for the Board that if the dilapidated block garage is removed then on-site parking, improved circulation, reduced impervious coverage, and rear yard open space could be provided. The Board and the applicant should discuss the future of the detached garage. Providing surface parking in this location would be consistent with the Habitat for Humanity rowhomes located to the south. 2. The surrounding area is largely residential. We offer that a small kiosk style commercial unit of 660 sq. ft. where 800 sq. ft. is required could remain vacant Page 3 of 5 TDG due to its mid-block location. The Board and the applicant should discuss if the multi-family dwelling structure standards may be more applicable, either providing one larger accessible unit or two accessible units on the first floor consistent with the requirements per §315-120 which are attached as an addendum. 3. Testimony should be provided regarding any temporary or permanent tenant displacement as the result of the reconfiguration and rehabilitation, pursuant to the Redevelopment Plan. 4. If the commercial space remains, testimony should be provided regarding any proposed repair and replacement of the existing storefront, particularly a sign band, where one is currently not provided. 5. We recommend that the flood light be eliminated in favor of a down light, or at a minimum it should be angled at 45° or less and be shielded. Further, the LED color temperature should be 3000°-3500° Kelvin to reduce lighting glare impacts. 6. We offer concern that the doorway on the south side of the building to the accessible unit does not lead to a 4 feet wide path. Testimony should be provided regarding tenant access to North Clinton Avenue, including low level lighting and easements for pedestrian circulation on the adjacent parcel to the south. 7. The existing street tree should be protected during construction and its health evaluated after completion. If you have any questions or require additional information, please do not hesitate to contact our office. Respectfully submitted, Taylor Design Group, Inc. Scott D. Taylor, LLA, AICP, PP, LEED AP Vice-President EC: Jeffrey Wilkerson, PP, AICP, Principal Planner Stephani Register, Senior Planner George McGill, Esq., Board Attorney Robert G Stevens, Esq., Applicant’s Attorney Stephanie Neal, Applicant’s Representative Patrick M. Lesbirel, AIA, Applicant’s Representative Page 4 of 5 TDG Subsection 315-120 entitled Lot size, area, yard, and building requirements Multifamily Dwelling Structure Required Proposed 2000/ unit (1st 2 2734 Min. Lot Area (SF) units) 500 / unit (complies with (add'l units) 2 or 3 units) Min. Yards Front (ft) 0 0 Min. Yards Rear (ft) 20 >20 Side one 0 0 Side rowhouse/ mixed use 0 2.58 Min. Lot Width (ft.) 20 27.85 Max. bldg. height stories/ ft 4 stories 50 3 stories/ 35 Max. Lot Coverage % 60 94.4 (E) Min. Net Habitable Area Residential (2- first floor) 500 504 or 660 Residential (1- first floor) 500 1164 Parking Residential 2-2-br 3 TBD Residential 1-2-br +2 studio 3.5 TBD (E) Existing Condition (V) Variance Page 5 of 5 Michael Kolber From: Joseph McIntyre Sent: Thursday, June 4, 2020 8:53 AM To: Jeffrey Wilkerson; Stephanie Register; Michael Kolber Subject: Project ID #20-P-540NC (540 North Clinton Ave) Follow Up Flag: Follow up Flag Status: Flagged I have reviewed the above referenced project and find that there are no proposed changes to the existing sanitary sewer service or drainage. I recommend that the developer perform a CCTV Inspection of the sanitary sewer service pipe from the building to the sewer main to determine its condition and possibility of future use. Joseph McIntyre General Superintendent Trenton Sewer Utility 1502 Lamberton Road Trenton, NJ 08611 (609) 989-3094 1

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