Plannng Board

City of Trenton – Planning Board City of Trenton PLANNING BOARD Conference Session and Public Hearing (Monday) November 22, 2021 6PM VIRTUAL MEETING – MS TEAMS 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. 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. 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After that, you will be put into a lobby where the public meeting moderator will get you into the meeting.  City of Trenton – Planning Board AGENDA  CONFERENCE 6:00 P.M. o Approval of Minutes o Memorialization of Resolution(s) o Announcements  PUBLIC HEARING: Item #1 21-P-236NC: 236 North Clinton Avenue- TRENTON NJ Applicant/Owner seeks preliminary and final major site plan approval, (c) bulk variance for side yard, rear yard, and maximum lot coverage, and waivers for various requirements for site plan. The applicant seeks to construct a first-floor restaurant along with a second-floor residential apartment. The Site is located in the Mixed-Use Zoning District and in the North Clinton Redevelopment Planning Area with a zoning of Business B/Residential B; Location 236 North Clinton Avenue; City Tax Map: Block(s) 1602, Lot(s) 31; Applicant: Aaron Johnson, 63 Equestrian Drive, Burlington, NJ 08016. Item #2 21-P-537SC: 537 South Clinton Avenue- TRENTON NJ Applicant/Owner seeks preliminary and final major site plan approval, (c) bulk variance for minimum rear yard size, and lot consolidation to enlarge an existing, vacant building and convert to a restaurant. Construction will include a 410 square foot addition at the rear, a 500 square foot second story addition, and a 270 square foot loft space in the attic. The Site is located in the Business B Zoning District and in the Roebling Gateway Redevelopment Plan Area; Location 537 South Clinton Avenue; City Tax Map: Block(s) 15801, Lot(s) 7,8, & 9; Applicant: Jorge Chacon, 55 Endicott Road, Hamilton, NJ 08690. 2  City of Trenton Department of Housing and Economic Development – Division of Planning MEMORANDUM DATE: 11/15/2021 TO: Planning Board Members FROM: Michael Kolber, AICP, PP, Senior Planner RE: Case 21-P-236NC 236 North Clinton Avenue Block(s): 1602, Lot(s): 31 Preliminary and Final Major Site Plan and (c) Variances Staff Comments APPLICANT Aaron Johnson 63 Equestrian Drive Burlington, NJ 08016 SCHEDULED HEARING DATE: November 22, 2021 APPLICATION SUMMARY Applicant/Owner seeks preliminary and final major site plan approval and (c) bulk variances to develop a vacant lot as a first-floor restaurant and second-floor two-bedroom apartment. The (c) variance applied for is for maximum lot coverage (60% permitted, 68% proposed). The initial proposal indicated variances were needed for minimum side setback and minimum rear setback, but further conversations with the Board Planner indicated that these variances are not required. Description: New first-floor restaurant with second-floor two-bedroom apartment Proposed Use: Restaurant and parking lot (Permitted) Present Use: Vacant Land Area: 2500SF Development Floor Area: 3250 GSF Zoning District: Mixed Use (MU) Designated Redevelopment Area: North Clinton (Business B/Residential B Zoning) Historic District: N/A BACKGROUND <Cont’d> Case 21-P-537SC Division of Planning Staff Comments Image below: Red bordered lots show the current lot configurations. STAFF COMMENTS 1. The Applicant’s experts shall address through testimony the positive and negative criteria required to grant relief from RB/BB bulk standards – (c) variances. 2. Application materials list the lot for this project as lot 30. It should be noted that the correct lot number for 236 North Clinton Ave is lot 31. 3. Applicant shall provide testimony regarding project compliance with the zoning regulations. 4. Applicant shall provide testimony regarding requested waivers and why these elements are not needed for project review. 5. Applicant shall provide testimony for, but not limited to, the following: overall design, setbacks, façade materials, utilities, landscaping, parking, trash removal, loading, and if willing to include bicycle parking. 6. Applicant shall provide testimony regarding safety and security measures for the site. 7. Applicant shall provide testimony in response to all reports by Planning Board’s subject matter expert consultants and any internal memos from municipal offices. STAFF RECOMMENDED CONDITIONS In the event a motion is made to approve this application, staff recommends the following conditions: 1. All testimony given by the applicant and their expert witnesses in accordance with this application shall be binding. 2. Architect of record shall provide an affidavit confirming the development is built in accordance with the approved plans prior to the issuance of the first certificate of occupancy. 3. Applicant and Owners shall comply with all conditions of approval set forth on the record by the Planning Board and/or the Division of Planning staff. Page 2 of 8 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-P-537SC Division of Planning Staff Comments 4. The memorialized resolution shall be recorded with the office of the County Registrar and made part of the deed. STAFF RECOMMENDATIONS Staff recommends approval with conditions. The use is a permitted use and activates a currently vacant lot. Residential over commercial development along North Clinton Avenue is in line with the intent of the North Clinton Avenue Redevelopment Area Plan. ADDENDUM (Excerpts from applicable Zoning District, Redevelopment Area Plan, Trenton250 Master Plan Land Use Report, variance relief guidance, etc.) 2010 Land Development Ordinance excerpt… RESIDENTIAL B (RB) § 315-96. Principal permitted uses. A. Detached single-family dwelling units B. Semidetached single-family dwelling units C. Row house dwelling units § 315-97. Permitted accessory buildings and uses. A. Private residential swimming pools and tennis courts, in accordance with § 315-238 and § 315-239. B. Private residential greenhouses, storage sheds and private garages, in accordance with § 315-233. C. Attached and detached private garages and carports. D. Home occupation use, provided that such use is conducted only in the principal dwelling structure, only by the residents of such structure, does not occupy more than one room or 25% of the gross floor area of the dwelling structure, there is no exterior evidence of such use, i.e., no exterior display, no exterior storage of materials and no exterior change in the residential character of the principal building, and no sounds, vibrations, fumes, odors, generation of traffic or other such nuisances shall be discernible outside the dwelling structure. No more than one client, customer or pupil may be on the premises at any one time, and no stock in trade or commodity shall be sold upon the premises as in a sales outlet. E. Family day care homes, in accordance with § 315-241 F. Animal shelters for domestic pets provided that the total area of the shelter does not exceed 24square feet. G. Signs, in accordance with Article XXV (§ 315-191 et seq.). H. Unroofed exterior accessory uses customarily incidental to permitted residential uses, such as,but Page 3 of 8 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-P-537SC Division of Planning Staff Comments not limited to, patios, child play facilities, and decks, in accordance with Article XXX (§ 315-230et seq.). I. Satellite communications dish receiving antennas, provided that the dish antenna is located onlyin a rear yard area and does not exceed 15 feet in height, measured from the ground level at the installation location. Roof installations may be permitted only if the dish antenna is not visible fromthe street frontage. § 315-98. Permitted conditional uses. [Amended 9-5-2002 by Ord. No. 02-80] A. Public utility use B. Schools C. Churches D. Parking lot E. Daycare/Child care center F. Nursing home G. Telecommunications facilities § 315-99. Lot size, area, yard and building requirements Residence B District Detached Semi-detached Rowhouse unit unit Structures Min. lot area 4,000 2,500/unit 1,500/ unit (sf) Min. yards(1) Front(2) Avg. or 20 Avg. or 20 Avg. or 20 Rear 35 35 35 Side One 6(3) 6 ---(3) Both 14 --- ---(3 Min. lot width (ft) 40 25/unit 15/unit Max. bldg. 3/35 3/35 3/35 height (stories/ft) Max. lot 45% 50% 50% coverage Min. net 1,200 1,000/unit 900/unit habitable area (sf) NOTES: 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 0’. Page 4 of 8 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-P-537SC Division of Planning Staff Comments 3 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.. § 315-100. General requirements A. Not more than one principal residential structure shall be located on a lot. B. Two off-street parking spaces shall be provided for each single-family dwelling unit (including detached, semi-detached, and rowhouse units). Other permitted uses shall comply with theparking requirements of Article XXIV (§ 315-178 et seq.), or other applicable sections. C. The parking of vehicles on the front or side yards in front of the front building line is prohibited, including parking provided except in enclosed garages. Permitted parking must comply with the requirements of § 315-180. D. The exterior storage of vehicles, trucks, and boats shall comply with the requirements of § 315-234. E. Fences and masonry walls shall comply with the requirements of § 315-236. F. When a residential structure is proposed to be built on a vacant parcel of land, the building design of the proposed dwelling unit shall be similar to other residential structures within a radius of 200feet, with respect to: (1) Building height. (2) Roof shape. (3) Wall siding materials. (4) Window and door type, size, and number. (5) Street orientation. (6) Housing type, detached, semi-detached or row. G. When a garage door is proposed to be located on the front façade of a residential structure, the residential structure must be at least 20 feet wide and the garage door must not comprise more than 40 percent of the front façade. Such door must be incorporated into the ground floor façade in such a manner as to provide the appearance of residential living space on the ground floor level. Business B District § 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. Page 5 of 8 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-P-537SC Division of Planning Staff Comments (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. [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 Semidetached Two- Rowhouse Multifamily Mixed use Uses Unit unit family structure dwelling structure structure structure Min. lot area 2,000 2,500/unit 1,500/ (sf) unit Min. yards(1) Front(2)(3) Avg. or 20 Avg. or 20 Avg. or 20 Avg. or Avg. or 20 Avg. or 20 Avg. or 20 20 Rear 20 20 20 20 20 20 20 Side One 0(4) 6 6 6 ---(5) 0 0(4) Both 0(4) 14 --- 14 0 0(4) Min. lot 20 40 25 40 15/unit 20 40 width (ft) Page 6 of 8 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-P-537SC Division of Planning Staff Comments Max. bldg. 4/50 3/35 3/35 3/35 3/35 4/50 4/50 height (stories/ft) 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 business 500/unit area (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 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). North Clinton Redevelopment Area excerpt… * Colored phrases are from 2021 amendments 4. Land Use Plan: Land Use Provisions & Building Requirements A. Permitted Land and Accessory Uses: The permitted land uses are as indicated on the attached Land Use Map dated December 1997. The redevelopment area is designated as a combination of Business B along the North Clinton corridor, Residential B throughout the existing residential neighborhoods and on properties fronting the proposed greenway along the freight yards an Open Space designation is appropriate. These uses allow for a variety of compatible and mutually supportive facilities Page 7 of 8 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-P-537SC Division of Planning Staff Comments including single family, semidetached and row type housing, commercial service businesses - bakeries, laundromats, convenience stores, pharmacies, banks, etc. as well as apartment units over storefronts, outdoor recreational areas, cultural facilities, and light industrial businesses to provide needed jobs for area residents. Housing and neighborhood retail and personal service businesses are considered primarily important and must relate to adjacent residential blocks and the proposed greenway. B. Building Requirements: The existing Zoning Ordinance requirements for RB and BB districts respectively shall apply for bulk standards and setbacks for new building construction. Built structures other than those ancillary to the open space areas such as clubhouses, batting cages, public rest rooms, play equipment and play storage sheds, etc. shall not be permitted in the zones designated OS. 1. Infill construction along North Clinton Avenue should incorporate the character of the existing brick facades. In all areas where infill construction will be undertaken, the proposed units and or rehabilitation of units shall respect and incorporate such existing design features as cornice lines, trim work and roof and floor heights. All new and rehabilitated building facades shall be submitted for review and approval by the Division of Planning at the time of site plan application to the Planning Board. 2. Regulations, controls and restrictions regarding the construction of new buildings shall be determined by the City of Trenton Zoning Ordinance, but the Department of Housing and Development may also make recommendations in site planning and design as seen appropriate in the implementation of the plan objectives. 3. In order to ensure functional coordination essential to carrying out the objectives of the Redevelopment Plan, developers shall agree to certain controls through such means as are deemed appropriate by the Department of Housing and Development. Such controls will be concerned with the functional considerations and will not relieve developers of their responsibilities to comply with all ordinances and governmental rules and regulations. The Department of Housing and Development specifically reserves the right to review and approve the developers’ detailed plans, final working drawings and specifications. Page 8 of 8 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings.  Michelle M. Taylor, AICP, PP Scott D. Taylor, AICP, PP, LLA, LEED AP Steven F. Lennon, LLA, PP Charles Morris, LLA Corey S. Wilson, LLA Holly M. Pasqua, Office Manager Community Planning October 27, 2021 Landscape Architecture City of Trenton Planning Board Department of Housing and Economic Development Municipal Consulting Division of Planning Streetscape Design 319 East State Street, City Hall Trenton, NJ 08608-1866 Economic Development Parks and Recreation Re: Applicant/ Owner: Aaron Johnson 236 North Clinton Avenue Block 1602, Lot 30 City of Trenton, Mercer County, New Jersey Preliminary and Final Site Plan and (c) variances Planning Letter #1 TDG Project No. 2002-122.214P Dear Board Members, WBE•SBE Woman Business Enterprise Our office has received and reviewed the following submission items: • Small Business • Application, submitted by Dino Spadaccini, Esq. on August 17, 2021. Enterprise • New Building Site and Floor Plan, prepared by Lionel A. Scriven Architect LLC, consisting of 2 sheets, dated May 7, 2021. We offer the following comments: A. Site, Surrounding Land Uses, and Proposal 1. The subject vacant property may be 2,225 SF to 2,500 SF in area and located on the southeast side of North Clinton Avenue, east of its intersection with Perry Street and south of Sheridan Avenue. The property is within the North Clinton Redevelopment Area designated as Commercial/ Residential land use by the Redevelopment Plan. The applicable permitted land use and building requirements are consistent with Business B. 2. The neighborhood consists of a variety of land uses as follows: a. A place of worship is located to the north. Further north across Sheridan Avenue are mixed use structures. b. Residential structures fronting on Sheridan Avenue are located to the east. Taylor Design Group, Inc. 131 Hartford Road c. Mixed-use commercial and residential buildings are located to the south. Mount Laurel, NJ 08054 d. The City of Trenton police headquarters and surface parking lot are located across North Clinton Avenue to the west. 3. See aerial image of the site and surrounding area on the following page, courtesy Google 2021 ©. T. 856.810.3443 W. TDGplanning.com TDG 4. The Applicant proposes to erect a two-story mixed-use structure on the site containing: 1.) a first-floor restaurant containing approximately 1,350 SF with 48 seats and attached kitchen; and 2.) one (1) second floor, approximately 1,100 SF, three-bedroom apartment. No site improvements are proposed. B. Zoning and Bulk Variances 1. A property survey should be provided as the lot depth may be 90 feet, not 100 feet, not including the 10 feet wide public sidewalk. 2. The front yard setback is required to be the average setback of the structures on the block which appears to be 0 feet. The average front yard setback for the block should be provided. 3. The floor area used to compute the lot coverage should be provided. a. Based upon the plan the lot coverage at 68% is shown to be 1,700 SF/ 2,500 SF (lot area at 100’ x 25’) b. If the lot area is reduced due to a 90 feet depth vs. a 100 feet depth, then the lot coverage may be up to 73% consistent with 1,700 SF/2,225 SF (lot area at 90’ x 25’) 4. The BB Mixed-use structure Area and Bulk requirements apply to the subject site. A variance is required to exceed the maximum lot coverage of 60%, where 68% or 73% is proposed. (See comment B#3) 5. The Zoning Requirements Table on the Plan is not correct and should be corrected using the Appendix A, BB Zone, mixed-use structures standards as shown on the last line of the table on 315 Attachment 1:3. The BB Mixed-use structures schedule of area, yard, and bulk requirements is provided following page for the Board’s use, to evaluate conformance as follows: Page 2 of 4 TDG BB Zone Mixed Use Structures Required/Permitted Proposed 2,225 SF (E)/ Lot Area (Min.) 4,000 SF 2,500 (E) Lot Width (Min.) 40’ 25’ (E) Front Yard Setback (Min.) Avg or 20’ 0’ One 0’ One 0’ Side Yard Setback (Min.) Both 0’ Both 0’ Rear Yard Setback (Min.) 25’ 25’ Lot Coverage (Max.) 60% 76% (V) / 68% (V) Height (Max.) 4 stories/50’ 2 Stories/30’ Residential 500 SF per unit +-1,000 SF Net Habitable FA (Min) Commercial 800 per unit +-1,350 SF (V) Variance Required (E) Existing Non-conforming Condition C. General Comments 1. The Applicant should provide detailed testimony in support of the required “c” variance 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. 2. Testimony should be provided regarding the following: a. Available off-street parking for employees, customers, residents, and guests. b. Street trees. c. Landscape screening and buffers or fencing. d. Site and building mounted lighting. e. Trash and recycling storage and pick-up. f. Accessibility. 3. A waiver is requested from providing grading plans. A grading plan, including the location of concrete landings / stairs, and other proposed lot coverage should be provided. 4. A waiver is requested from providing utilities information. The location(s) of utilities, including roof-mounted or on-site, should be provided. 5. The plan does not show bicycle parking, though it is not required. We recommend adding bicycle parking. 6. Details of the sign should be provided consistent with §315-206. Testimony should be provided that the proposed sign conforms to the ordinance as follows: a. Does not project more than 18 inches beyond the building face. b. Does not equal more than 10% of the of the front wall area of the ground floor, including window and door areas, or 50 SF, whichever is smaller. c. That the sign is not closer than 8 feet to the ground level of the building and has a vertical dimension of less than 2 ½ feet. Page 3 of 4 TDG D. Lighting & Landscape Comments 1. A waiver was requested from providing the location, direction, power, and type of outdoor lighting, including the hours of operation. No information has been provided regarding any proposed rear yard lighting. A detail has been provided for the façade / sign lighting, but fixture colors should be provided. If LED lighting is proposed, then the correlated color temperature (CCT) should be 3000°-3500° Kelvin for all building and site lighting, a warmer light that reduces cool blue lighting impacts. Testimony should be provided confirming that the maximum apex angle is less than 150°. 2. The applicant requires a waiver from providing street trees along the site frontage. The street tree should be provided. 3. A waiver is requested from providing a proposed buffer and landscape plan. We recommend that a landscape buffer be implemented along the rear and side yard to buffer the place of worship and residential uses. E. Architecture 1. The materials applied to the façade have been provided. Testimony should be provided to the Board regarding the proposed colors. 2. If a basement is planned, then testimony should be provided, regarding the area and the commercial or residential use of same. 3. We recommend venting of the first-floor commercial kitchen be provided to the roof to reduce odor nuisance impacts upon the upper floor residential and nearby residents. 4. A roof plan should be provided, and HVAC, utilities, and equipment should be suitably screened from public streets. 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, Supervising Planner Michael Kolber, PP, AICP, Senior Planner Stephani Register, Principal Planner George McGill, Esq., Board Attorney CME Associates, Board Engineer Aaron Johnson, Owner/Applicant Dino Spadaccini, Esq., Applicant’s Attorney Lionel A Scriven, RA, Applicant’s Architect Page 4 of 4  MEMORANDUM To: Michael Kolber, AICP, PP Senior Planner City of Trenton Trenton Division of Planning From: Joseph A. Fishinger, Jr., PE, PP, PTOE Director of Traffic Engineering Bright View Engineering, LLC Date: October 29, 2021 Re: Review of Final Major Site Plan 236 North Clinton Avenue Proposed Restaurant and Residential Development City of Trenton, Mercer County, NJ BVE Project No.: 212475 Bright View Engineering has prepared this traffic memo and performed a review of the provided Site Plans. The proposed project is located along 236 North Clinton Avenue, identified as Block 1602, Lot 32.01 in the City of Trenton, Mercer County, New Jersey. The project site is located along North Clinton Avenue between Sheridan Avenue and Grant Avenue. This submission represents the first review conducted by Bright View Engineering for the referenced project. The following materials were examined: • Zoning Data, Floor Plans for New Restaurant & Apartment, 236 North Clinton Avenue, City of Trenton, Mercer County, New Jersey, prepared by Lionel A. Scriven Architect, LLC, dated May 7, 2021; 2 sheets; BACKGROUND The project site is adjacent to a church and is church exempt and unoccupied. Currently, there are no access points, only on-street parking. The Applicant is proposing to develop a two-story first- floor restaurant and second-floor apartment. No access driveways are proposed. 651 West Mt. Pleasant Ave, Suite 100 P.O. Box 99 Livingston, New Jersey 07039 Roseland, NJ 07068 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com  Review Memo 236 North Clinton Avenue Proposed Restaurant and Residential Development Project No.: 212475 October 29, 2021 Page 2 of 3 TRAFFIC STUDY COMMENTS 1. We note that a traffic impact study was not provided for the proposed development. We recommend that a traffic study be prepared to determine the impacts of the proposed restaurant and residential development, as this is a new construction on a vacant lot. We request that a traffic study be provided for this application. This study should conform with the guidelines presented within the ITE Traffic Engineering Handbook. SITE PLAN & CIRCULATION COMMENTS 1. Based upon the provided Site Plans, we observe that no parking spaces are proposed, and access remains as on-street parking. Based on the City Code section §315-187 for Parking Requirements for all districts except downtown parking districts and Business A District, the restaurant requires 1 space for each 4 seats exceeding 40 seats, and the 3-bedroom apartment requires 1.75 spaces. According to the Site Plans, forty-eight (48) seats are proposed, therefore 2 parking spaces are required for the restaurant. In total, 4 parking spaces are required for the proposed development. Please provide testimony regarding parking capacity and where customers and residents are expected to park. 2. Please provide testimony regarding accessible parking, sidewalks, walkways, and access points throughout the site. Please provide information to ensure the site is conducive to safe and efficient pedestrian circulation. 3. Please ensure that the AutoTURN templates utilized are for vehicles anticipated to be on- site, which may include: a. WB-50 or largest wheel base vehicle expected; b. Ambulance; c. Refuse Truck; and d. Fire Truck Please provide information regarding the operation of deliveries and refuse pick-up 651 West Mt. Pleasant Ave, Suite 100 P.O. Box 99 Livingston, New Jersey 07039 Roseland, NJ 07068 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com  Review Memo 236 North Clinton Avenue Proposed Restaurant and Residential Development Project No.: 212475 October 29, 2021 Page 3 of 3 for the uses on site, as well as the site’s ability to process emergency vehicles. We recommend that the Engineer contact the City’s Fire Official and ensure that the largest wheelbase emergency vehicle is accounted for. 4. The appropriate design standards and permitting should be met for any roadway construction along adjacent to the site, which may include but isn’t limited to: a. County/Municipal Design Standards; b. MUTCD Standards; c. American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets; d. IESNA Lighting Guidelines; e. ADA and/or Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG); and f. Motor Vehicle and Traffic Laws – Title 39. 5. Kindly provide a Lighting Plan Sheet with their Site Plans. We request that the Applicant provide the following details for the Board’s review: • A schedule of proposed luminaires and the light loss factor utilized; • Separate calculation areas for pedestrian walkways and access points, drive aisles/intersections, and parking areas; • Statistics table(s) highlighting minimum, average and maximum light readings as well as uniformity; and • A luminaire location table indicating mounting heights and orientation. We recommend that the Applicant utilize the City Code or a National Standard (such as IESNA) as a guideline for their analysis. Should you have any questions or require additional information please do not hesitate to contact me at (908) 421-4674. https://bvengr.sharepoint.com/sites/bvengr/proj/212475-trenton-236nclinton/7-reports-analysis/site-memo-10-29-21.docx 651 West Mt. Pleasant Ave, Suite 100 P.O. Box 99 Livingston, New Jersey 07039 Roseland, NJ 07068 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com  CITY Of TRENTON DEPARTMENT OF WATER AND SEWER MEMORANDUM TO: Michael Kolber, Department of Housing and Economic Development Division of Planning, Zoning Board FROM: Scott D. Holmes, Supervising Engineer DATE: October 26, 2021 RE: 21-P-236NC – Aaron Johnson – Restaurant & Apartment, 236 North Clinton Avenue, Block 1602, Lot 30, Trenton, New Jersey TWW Project #: T0118 Trenton Water Works (TWW) has reviewed the above referenced project. Upon review of the documents submitted, we offer the following comments. The final design of all water services with meters and fire lines with the required Backflow Preventers including the type, size and models shall be submitted to TWW Engineering Office for review and approval along with a completed water service application form. Any existing water services that are not going to be reused shall be disconnected at the water main in the street. Per TWW policy, one domestic water service and one fire line is allowed per lot. The tapping locations and detail for the water services shall be shown on the drawings. The fire line and domestic services installation shall be done per TWW's requirements after the job is approved by TWW. A screen shot of the Water GIS and TWW Developer’s Packet are attached for your information and use. It is the responsibility of the design engineer of the project to determine if the proposed water services will provide sufficient volume and pressure to meet the required fire protection and domestic demands of the proposed project. The design of sprinkler systems and the plans for the installation of the fire line and/or domestic services shall be sent to the TWW Engineering Office for backflow preventer and meter installation review. The proper Backflow Preventer shall be AWWA approved, shall be installed in horizontal position, and shall be shown on the drawing with type, size, and model. It shall have a lead-free detector check meter. This shall be a Sensus SR meter with an ECR register and touch pad device for outside reading. The design engineer shall also verify with New Jersey Department of Environmental Protection for any needed BFP permit. If a permit is necessary, the Owner/Developer shall submit a properly completed permit application form to TWW. If fire flow test information is needed, the design engineer shall perform the flow test using his/her own flow equipment in the presence of the TWW representative. Contact TWW at 609-989-3212 to schedule the witness for the flow test. A letter from the design engineer of the fire sprinkler system shall be provided to TWW that the system has been designed in accordance with approved design drawing and prevailing standards. ln addition, the letter shall state the hydraulic data of TWW’s water system used in the design calculation with flow test data. A connection fee may be required prior to construction. Per Trenton Ordinance, water system connection fees are assessed at a rate of $1,000 per Effective Dwelling Unit (EDU). 1 EDU is equal to 300 gallons per day of projected flow as determined in accordance with NJAC 7:14A-23. It is also the responsibility of the Owner/Developer to verify with the City of Trenton, Department of Public Works, Division of Streets that the street is not under a street opening moratorium at the time of construction. The Owner/Developer can install the water service in the street that is under moratorium. only after getting a moratorium waiver from the Division of Streets. If you have any questions, please contact me at 609-989-3672 or sholmes@trentonnj.org. c: David Smith 2 Michael Kolber From: Joseph McIntyre Sent: Monday, October 11, 2021 8:24 AM To: Michael Kolber Cc: Peter Lupinacci; Augustin DeJesus Subject: 236 North Clinton Ave Good morning Michael. I received the plan for 236 North Clinton Ave and see no reference to sanitary sewer service or drainage. I will assume that existing facilities will be utilized and no further review from the Sewer Utility is necessary. Joe. Joseph McIntyre General Superintendent Trenton Sewer Utility 1502 Lamberton Road Trenton, NJ 08611 (609) 989-3094 1  GARBAGE AREA KITCHEN 24'-0" X 19'-5" 5068 MASTER BDRM 16'-2" X 11'-4" 41168 3664FX 2868 2868 2868 2868 2868 B24R B24R B18R 2015PT B18R 5068 BEDROOM 9'-9" X 11'-8" 2368 5068 5068 2868 DINING 19'-10" X 39'-11" W2736 B27 B24R 2868 W2436R B24R B24R W2336R SB24R B24R W2436R B24R B24R W3918 B24R 4668 4168 2868 LIVING 24'-0" X 14'-2" BEDROOM 9'-9" X 11'-6" 2868 3068 6664FX 6664FX 3056DH 3056DH 3056DH  TOP VIEW CROSS PERSPECTIVE SECTION VIEW JOINING TWO CONSTRUCTION ADJACENT SPECIFICATIONS SILT FENCE SECTIONS SILT FENCE-1 “ ” “ ” Aerial Photo and Tax Parcel Basemap Block 1602, Lot 31 A Portion of the City of Trenton Mercer County, NJ Legend Block 1602, Lot 31 µ Map Scale = 1:600 or 1"= 50' Feet 0 25 50 100 Map Prepared by: James T. Kyle, PP/AICP PO Box 236 Hopewell, NJ 08525 (609)529-8692 jkyle@kylemcmanus.com Data Sources: NJ Office of Information Technology, Office of Geographic Information Systems, BING Maps  LIONEL A. SCRIVEN ARCHITECT November 12, 2021 Re: 236 North Clinton Avenue Trenton, New Jersey This correspondence is regard to the above referenced subject and in response to a letter dated October 27, 2021 by Taylor Design Group. B. Zoning and Bulk Variances 1. The owner provided a survey and the lot depth is 100 feet 2. The front yard setback has been set at 0 feet. This must be confirmed with the zoning officer. See sheet A-1 3. Floor area = 1600 S.F. & rear conc. Pad (garbage refuse area) 112 S.F. = 1712 S.F. total lot coverage (2500 S.F. / 1712 S.F.) = 68 % See sheet A-1 4. For the BB Mixed use a variance is required. See sheet A-1 5. The zoning table has been revised. See sheet A-1 C. General Requirements 5. A bicycle rack has been included on site plan & detail. See sheet A-1 6. The proposed sign is 44 S.F. and meets all city requirements. See Sheet A-1 D. Lighting Requirements 1. Rear Lighting shall be dust to dawn provided by PSE&G, see sheet A-2 Lighting fixture color has been provided for front light fixture – this shall be black see Sheet A-1. The front lighting technical data has been noted on the drawing. E. Architecture 1. Colors shall be provided to the board / final drawings after discussion with the owner 2. No basement 3. The location of cooking hood vent is shown on plans. See sheet A-2 4. A (partial) Roof Plan has been shown illustrating Roof Top HVAC units as well as Hood Vent location. See sheet A-2 Please contact our office if further information is required. Thank you for your cooperation with this matter. Sincerely, Lionel A. Scriven, RA 45 Delaware Avenue, Lambertville, New Jersey 08530 609.947.4069 LionelAScrivenArchitect.com  City of Trenton Department of Housing and Economic Development – Division of Planning MEMORANDUM DATE: 11/15/2021 TO: Planning Board Members FROM: Michael Kolber, AICP, PP, Senior Planner RE: Case 21-P-537SC 537 South Clinton Avenue Block(s): 15801, Lot(s): 7, 8, & 9 Preliminary and Final Minor Site Plan, Preliminary and Final Subdivision, and (c) Variances Staff Comments APPLICANT Jorge Chacon 53 Endicott Rd. Hamilton, NJ 08690 SCHEDULED HEARING DATE: November 22, 2021 APPLICATION SUMMARY Applicant/Owner seeks preliminary and final minor site plan approval, preliminary and final subdivision approval, and (c) bulk variances to enlarge an existing building to convert to a restaurant. The (c) variance applied for is minimum rear setback (20 ft required, 5 feet proposed). Description: New first-floor restaurant with second-floor open for future tenant and 4 parking spaces Proposed Use: Restaurant and parking lot (Permitted) Present Use: Vacant commercial building and vacant lots Land Area: 7088 SF Development Floor Area: 1784 GSF Zoning District: Business B (BB) Designated Redevelopment Area: Roebling Gateway (Business B) Historic District: N/A BACKGROUND <Cont’d> Case 21-P-537SC Division of Planning Staff Comments Image below: Red bordered lots show the current lot configurations. STAFF COMMENTS 1. The Applicant’s experts shall address through testimony the positive and negative criteria required to grant relief from BB bulk standards – (c) variances. 2. Applicant shall provide testimony regarding project compliance with the zoning regulations. 3. Applicant shall provide testimony for, but not limited to, the following: overall design, setbacks, façade materials, utilities, landscaping, parking, trash removal, loading, and if willing to include bicycle parking. 4. Applicant shall provide testimony regarding safety and security measures for the site. 5. Applicant shall provide testimony in response to all reports by Planning Board’s subject matter expert consultants and any internal memos from municipal offices. STAFF RECOMMENDED CONDITIONS In the event a motion is made to approve this application, staff recommends the following conditions: 1. All testimony given by the applicant and their expert witnesses in accordance with this application shall be binding. 2. Architect of record shall provide an affidavit confirming the development is built in accordance with the approved plans prior to the issuance of the first certificate of occupancy. 3. Applicant and Owners shall comply with all conditions of approval set forth on the record by the Planning Board and/or the Division of Planning staff. 4. The memorialized resolution shall be recorded with the office of the County Registrar and made part of the deed. Page 2 of 5 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-P-537SC Division of Planning Staff Comments STAFF RECOMMENDATIONS Staff recommends approval with conditions. The use is a permitted use, and a new restaurant/bakery will serve as an amenity for the community. ADDENDUM (Excerpts from applicable Zoning District, Redevelopment Area Plan, Trenton250 Master Plan Land Use Report, variance relief guidance, etc.) 2010 Land Development Ordinance excerpt… Business B District (BB) § 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. Page 3 of 5 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-P-537SC Division of Planning Staff Comments [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 Semidetached Two- Rowhouse Multifamily Mixed use Uses Unit unit family structure dwelling structure structure structure Min. lot area 2,000 2,500/unit 1,500/ (sf) unit Min. yards(1) Front(2)(3) Avg. or 20 Avg. or 20 Avg. or 20 Avg. or Avg. or 20 Avg. or 20 Avg. or 20 20 Rear 20 20 20 20 20 20 20 Side One 0(4) 6 6 6 ---(5) 0 0(4) Both 0(4) 14 --- 14 0 0(4) Min. lot 20 40 25 40 15/unit 20 40 width (ft) Max. bldg. 4/50 3/35 3/35 3/35 3/35 4/50 4/50 height (stories/ft) 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 business 500/unit area (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 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 Page 4 of 5 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-P-537SC Division of Planning Staff Comments 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). Page 5 of 5 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings.  CITY Of TRENTON DEPARTMENT OF WATER AND SEWER MEMORANDUM TO: Michael Kolber, Department of Housing and Economic Development Division of Planning, Zoning Board FROM: Scott D. Holmes, Supervising Engineer DATE: October 26, 2021 RE: P-21-537SC – Jorge Chacon Restaurant, 537 South Clinton Avenue, Block 15801, Lots 7, 8 and 9, Trenton, New Jersey TWW Project #: T0116 Trenton Water Works (TWW) has reviewed the above referenced project. Upon review of the documents submitted, we offer the following comments. The final design of all water services with meters and fire lines with the required Backflow Preventers including the type, size and models shall be submitted to TWW Engineering Office for review and approval along with a completed water service application form. Any existing water services that are not going to be reused shall be disconnected at the water main in the street. Per TWW policy, one domestic water service and one fire line is allowed per lot. The tapping locations and detail for the water services shall be shown on the drawings. The fire line and domestic services installation shall be done per TWW's requirements after the job is approved by TWW. A screen shot of the Water GIS and TWW Developer’s Packet are attached for your information and use. It is the responsibility of the design engineer of the project to determine if the proposed water services will provide sufficient volume and pressure to meet the required fire protection and domestic demands of the proposed project. The design of sprinkler systems and the plans for the installation of the fire line and/or domestic services shall be sent to the TWW Engineering Office for backflow preventer and meter installation review. The proper Backflow Preventer shall be AWWA approved, shall be installed in horizontal position, and shall be shown on the drawing with type, size, and model. It shall have a lead-free detector check meter. This shall be a Sensus SR meter with an ECR register and touch pad device for outside reading. The design engineer shall also verify with New Jersey Department of Environmental Protection for any needed BFP permit. If a permit is necessary, the Owner/Developer shall submit a properly completed permit application form to TWW. If fire flow test information is needed, the design engineer shall perform the flow test using his/her own flow equipment in the presence of the TWW representative. Contact TWW at 609-989-3212 to schedule the witness for the flow test. A letter from the design engineer of the fire sprinkler system shall be provided to TWW that the system has been designed in accordance with approved design drawing and prevailing standards. ln addition, the letter shall state the hydraulic data of TWW’s water system used in the design calculation with flow test data. A connection fee may be required prior to construction. Per Trenton Ordinance, water system connection fees are assessed at a rate of $1,000 per Effective Dwelling Unit (EDU). 1 EDU is equal to 300 gallons per day of projected flow as determined in accordance with NJAC 7:14A-23. It is also the responsibility of the Owner/Developer to verify with the City of Trenton, Department of Public Works, Division of Streets that the street is not under a street opening moratorium at the time of construction. The Owner/Developer can install the water service in the street that is under moratorium. only after getting a moratorium waiver from the Division of Streets. If you have any questions, please contact me at 609-989-3672 or sholmes@trentonnj.org. c: David Smith 2 Michael Kolber From: Joseph McIntyre Sent: Thursday, September 30, 2021 9:50 AM To: Michael Kolber Subject: RE: Planning Board Report - 537 S. Clinton Ave. Michael, I have reviewed the attached plans and the hardcopy that I received earlier this week. There is no mention of any sanitary sewer changes, so I assume that the existing sewer service will be used. No further comments from the Sewer Utility. Joe. Joseph McIntyre General Superintendent Trenton Sewer Utility 1502 Lamberton Road Trenton, NJ 08611 (609) 989-3094 From: Michael Kolber <mkolber@trentonnj.org> Sent: Tuesday, September 28, 2021 12:54 PM To: Christopher Maziarz <cmaziarz@trentonnj.org>; Dilip Patel <dpatel@trentonnj.org>; David Smith <davidsmith@trentonnj.org>; Wahab Onitiri <wonitiri@trentonnj.org>; Joseph McIntyre <jmcintyre@trentonnj.org>; Anthony Santora <asantora@trentonnj.org>; Deborah M. Fox <dfox@trentonnj.org>; swilson@trentonpolice.net Cc: Jeffrey Wilkerson <jwilkerson@trentonnj.org>; C.Andre Daniels <cdaniels@trentonnj.org>; Leily Telles <ltelles@trentonnj.org> Subject: Planning Board Report - 537 S. Clinton Ave. Hi all, Please see the attached application for development and associated plans for 537 South Clinton Avenue. They are scheduled to appear at our November 22nd Board hearing. We would appreciate it if your departments could submit any comments or reports to us by Monday, October 25th. Thank you for your help, Michael Kolber, AICP, PP Senior Planner City of Trenton 609-989-3503 mkolber@trentonnj.org 1 Learn more about the City’s award winning master plan – Trenton250! 2