PB-21-01 West Orange Plaza Block: 152.01 Lot 1445 & 1445.05

RESOLUTION Township of West Orange Planning Board PB 21-01 West Orange Plaza/235 Prospect Avenue Block: 152.01 Lots: 1445 and 1445.05; Zone: P-C and R-5/IHO-1 Memorialized on November 29, 2023 C(2) Variances and Preliminary and Final Site Plan Approval WHEREAS, West Orange Plaza, a New Jersey Partnership (hereinafter the “Applicant”) has made an application for c (2) Variances and Preliminary and Final Site Plan approval in order to renovate and expand the existing West Orange Plaza Shopping Center at property located at 235 Prospect Avenue, also known as Block: 152.01 Lots1445 and 1445.05, in the P-C and R-5 Zones and the IHO-1 Overlay Zone; and WHEREAS, properly noticed public hearings were conducted on July 19, 2023, August 24, 2023, September 6, 2023, October 4, 2023, and October 25, 2023; and WHEREAS, the Applicant was represented by Gregory Meese, Esq. of the firm Price, Meese, Shulman & D’Arminio, P.C.; and WHEREAS, the Applicant provided testimony by Shaun Delaney, P.E., of Petry Engineering, LLC, a licensed Civil Engineer in the State of New Jersey whose credentials were accepted by the Board; and WHEREAS, the Applicant provided testimony of Allison Mathern, P.E., Senior Development Manager of Target Corp., a proposed tenant of the shopping center; and

WHEREAS, the Applicant provided testimony of James Welsh, LA, of MKW & Associates, a licensed New Jersey Landscape Architect whose credentials were accepted by the Board; and WHEREAS, the Applicant provided testimony of Doug Polyniak, P.E., traffic engineer, whose credentials were accepted by the Board; and WHEREAS, the Applicant provided testimony of John Montoro, AIA, a licensed Architect in the State of New Jersey whose credentials were accepted by the Board; and WHEREAS, the Applicant provided testimony by John McDonough, LA, AICP, PP of John McDonough Associates, LLC, a licensed Planner in the State of New Jersey whose credentials were accepted by the Board; and WHEREAS, the Applicant submitted the following documents to the Board in the form of the application package: Manual ITEM SIGNED BY DATE/REVISION Site Plans (21 Sheets) J. Michael Petry, P.E., P.P., 5/4/2023 RA Architectural Plans (15 Joseph Montoro, AIA 5/5/2023 Sheets) Landscape Plans (9 Sheets) Allen E. Juba, L.A. 5/5/2023 Stormwater Management J. Michael Petry, P.E., P.P., 3/3/2023 Report R.A. Drainage Area Maps (4 Petry Engineering, LLC 3/3/2023 Sheets) Truck Turning Movements (5 | J. Michael Petry, P.E., P.P., 5/4/2023 Sheets) RA. Planning Report John McDonough, L.A., 5/19/2023 AICP, PP Traffic Impact Assessment Gary W. Dean, P.E. 5/17/2023 Stormwater Maintenance Petry Engineering, LLC 4/24/2023

WHEREAS, representatives of the public asked questions of the witnesses and had an opportunity to offer testimony and evidence in regard to the application; and WHEREAS, the Board reviewed and considered the application, testimony and documents submitted therewith (including but not limited to amendments to the site plans, landscape plans and the Wall Sign Chart Amendment dated August 2, 2023); and WHEREAS, the Board considered the reports of these professionals, as well as the report from the West Orange Pedestrian Safety Advisory Board, Forester’s report dated October 24, 2023, Township Engineer (John Hess) report dated June 7, 2023, Township Planner (Paul Grygiel, AICP, PP) report dated June 22, 2023, and the Board also considered the input of professionals John Hess, PE Township Engineer, Paul Grygiel, AICP, PP, Township and of Doug Rohmeyer, PE, professional engineer at the hearings; and WHEREAS, the Board also reviewed the report from Peter Steck, PP, a professional planner called by Kevin Malanga, Esq., who objected to the application, and heard the testimony of Mr. Steck during the hearing and reviewed the memorandum from Gregory Meese, Esq., in response to Mr. Steck’s report; and NOW THEREFORE, the Board makes the following findings of fact, based upon the evidence presented at its public hearing, at which a record was made: 1. The Applicant is requesting preliminary and final site plan approval with variance relief to renovate and expand the existing West Orange Plaza Shopping Center which will include the construction of three new buildings, plus the enlargement of the existing Verizon building; proposed modifications to the existing “Mavis” Building B-5; plus modifications to the main building to improve the entrance to the proposed Target store

and modifications to the loading docks at the rear of the proposed Target, modification to the site access and circulation patterns and parking areas, new landscaping and lighting and the construction of various related improvements. . The subject property is located in the P-C Planned Commercial zone and the R-5 Residential zone, though no construction or improvements exist or are proposed for the portion of the site in the R-5 zone. . The property is also located in the IHO-Inclusionary Overlay zone, which was created by the Township in accordance with an ordinance adopted in October 2020; however, no residential units are proposed at the site. . The site is located in the northeastern portion of West Orange in an area developed with a mix of land uses that include commercial, office, residential, open space and hotel. . The property is bounded by Prospect Avenue on the east and by Eagle Rock Avenue on the south, with the former Mayfair Farms catering facility directly to the west and residential and vacant properties bordering the site to the north and west. . Eagle Rock reservation is located to the east across Prospect Avenue, and commercial uses are located to the south across Eagle Rock Avenue. . The subject property is located at the signalized intersection of Prospect Avenue and Eagle Rock Avenue, which is one of the busiest intersections in West Orange. Prospect Avenue and Eagle Rock Road are both major thoroughfares under the jurisdiction of the County of Essex. . Existing traffic signals are also located at the site’s Eagle Rock Avenue driveway opposite Woodhull Avenue and northerly Prospect Avenue driveway. There is also a southerly unsignalized driveway on Prospect Avenue.

9. The existing site has a slip ramp entrance from Prospect Avenue which is proposed to be eliminated for the proposed modified existing signalized entrance for safety. 10. A sidewalk is located along Eagle Rock Avenue between Prospect Avenue and the site driveway, but no sidewalks currently exist along the site’s Prospect Avenue frontage. 11. A bus stop is located to the west of Eagle Rock Avenue driveway and a companion bus stop is located on the opposite side of the street at Woodhull Avenue. 12. The existing site consists of an upper level that includes a Whole Foods, the former K Mart store and other stores, at the mid level the former Retro Fitness and other storefronts, and in the lower level small retail stores. At the northeast corner of the property a Mavis Discount Tire store is situated close to Prospect Avenue (31.3 ft. front setback and 10.1 side yard setback.) Lastly, there is a Verizon store at the southeast corner of the site (113.8 ft front yard setback and 43.4 side yard setback from Eagle Rock Avenue.) 13. There are 1,476 existing parking spaces, many of which are currently unused. 14. There are three primary entrances to the site: from Eagle Rock Avenue (signalized with right and left turns into the site and a dedicated right turn lane), and two from Prospect Avenue (at the Mavis building with a signal allowing for right and left turns and at Prospect unsignalized allowing right turn only). There is a slip ramp entrance from Prospect Avenue (near the Mavis building) that is proposed to be eliminated. 15. There are two main drainage systems for the site: a County system that drains to a ditch to the north of the site behind the residences and one that runs along the building to a new outfall section recently created in anticipation of the development that the Applicant’s engineer testified corrected prior issues.

16. 17. 18. 20. The Applicant proposes to construct three new buildings, an addition to the Verizon Building; renovation to the Mavis Building; also renovations and an addition to the former K Mart space (that will include the retail spaces leased by Dollar Tree and Staples) so as to construct a Target store and fulfillment center, and to completely reconstruct the parking lot. The project is designed with sustainability in mind as it includes EV charging spaces, compact car parking spaces, landscaping along the street frontages and landscaped islands throughout the parking lot to reduce storm water runoff and reduce the heat island effect, and the replacement of the parking lot lighting with more energy efficient LED lighting. The architecture of the buildings also includes canopies to shield the sun, to reduce energy demand and add architectural interest and white roofs on the Target building and the new buildings to reflect the sun and make those buildings more energy efficient; as well as larger pedestrian spaces and large plazas. The testimony established that the space between buildings A & B, which is less than the Code permits, and which requires a variance, provides a courtyard area and a possible outdoor dining space. Proposed Building A is also angled toward the main building to improve pedestrian circulation and enhanced the center’s sense of place. . The front entrance at the Target store will be modified and the sidewalk area enlarged to give pedestrians more space and improve pedestrian safety by providing awareness to cars regarding pedestrians. Building C will be one story and 8,400 sq. ft. with a maximum height of 28 ft. and is proposed to house a drive thru for a number of potential permitted uses and will allow for

21. 22. 23. 24. 25. 26. 27. a 10-car queue (exceeding the standard que of 8 cars) and a screening wall to match the building on the west side. Building D is proposed to be 5,502 sq. ft. and is 35 ft. high with the second proposed drive-thru that has a 5-car queue and will comply with the condition suggested by Township Engineer Hess that there be a “Left turn only” sign posted for pedestrian safety. The size of the proposed dumpster near the exit has also been reduced as recommended by Mr. Hess to improve visibility. The entrance from Eagle Rock Avenue will be upgraded so that it is narrower to slow vehicles entering the site to protect pedestrians and the egress has been modified to have one left turn lane, a combined left turn and through lane, and a right turn lane. The testimony was that the proposed 12 loading docks provided in the plan are sufficient for the use and will be screened as shown on the plans. Over an acre of new landscape areas will be added to the parking lot along with new ADA compliant parking throughout the parking lot which will provide more ADA parking than required by the ordinance. A new sidewalk will be installed on the entire length of Prospect Avenue where there currently is no sidewalk and the sidewalk on Eagle Rock will also be replaced where necessary so that the entire frontage will contain sidewalks. Bicycle racks will be installed on site. Testimony established that because the pavement in the rear of the building is being expanded for the loading docks, a retaining wall of up to 13 % feet is needed. The proposed retaining wall is very close to the neighboring property but can be installed

28. 29. 30. 31. 32. 33. 34. 35. 36. 37. without entering the neighboring property or by a construction easement to be negotiated directly with that neighbor. New storm sewers will be installed throughout most of the site. The lighting plan proposes 25 ft. high fixtures (including the 3ft mounting pedestal necessary to protect the poles from vehicles) which are necessary to illuminate the parking area and new sidewalks and which will provide an average illumination of 0.3 footcandles. The need for the higher poles (18’ are permitted) is that this will allow for more light coverage with less poles and will provide a more even lighting pattern, with fewer patches of bright or dark areas. The light poles will be on a timer from dusk to dawn. 125 trees are required by ordinance and the Applicant is exceeding this requirement by planting them in the parking lot islands and at the perimeter of the site. The Target store is a typical Target merchandise store with ancillary uses, such as a CVS, Optical services, Ulta, Starbucks, and groceries on the upper level and the uses of the lower-level include storage of stock for the first floor store and a delivery/fulfillment center for delivery to customers for smaller local deliveries. The Target store hours will be 8AM to 11PM, seven days a week. The fulfillment deliveries will be made by small vans or sprinter trucks. The trees currently located at the corner of Eagle Rock and Prospect Avenue will remain. The courtyard area between buildings A & B will be an attractive area for gathering, with the possibility of the adjacent spaces being used for restaurants.

38. The application requires the following bulk variance relief from the Board: Section Required Existing Proposed 25.7.1 Minimum 300 ft. 372.3 ft. (Main 268.3 ft. front yard setback building), 113.8 ft (Building A), (Prospect Avenue) (Verizon), 31.3 ft. 135.9 ft. (Mavis) (Building B), 65.4 ft (Building C) 72 ft (Building D) 25-7.1 Minimum 100 ft. 53.9 ft. (Main 68.6 feet side front yard building) 43.4 ft. (Building D) setback (Eagle Rock (Verizon) Avenue) 25.7.1 Minimum 100 ft. 10.1 ft. (Mavis) 50.7 feet side yard setback (Building A) and 60 feet (Building B) 25.7.1 Minimum 75 ft. 52.5 ft. (Main 39.6 feet rear yard setback building) (Loading dock of main building) 25.7.1 Minimum 150 ft. 182 ft. (Main 90.3 feet space between building and (Existing Main buildings Verizon) Building and Building A), 38.0 feet (Building A and Building B), 54.2 feet (Building B and the Mavis Building) 25-8.1 Minimum 5 ft. Not provided 2 ft. parking setback 25.8.1a. Accessory | Not permitted in N/A Drive-up use location required front or side windows in yard required front yard 25-8.4 Maximum 4fi. Not provided 13.5 ft. retaining wall height 25-11.9 Loading Entirely within the Not entirely within | Not entirely area/bay location structure the structure within the structure

25-11.14i Drive-up | Not permitted in a N/A Proposed in window required yard required front setback yard 25-12.10. Maximum | 20 spaces >20 spaces Up to 32 spaces parking row length without landscaped island 25-12.2 Minimum Required 1,476 1,555 1,197 number of parking spaces 25-12.3a.1. 34 (1 per 10,000 sq. | 7 12 Minimum number ft. of gross floor of loading spaces area) 25-14.1c. Maximum | 18 feet Not provided 25 feet light fixture height 25-14.3 Minimum 1.5 footcandles Not provided 0.3 footcandles lighting levels in parking areas 25-15.3c.2(b) 1 per unit: N/A 8 Bldg. A Maximum number | 6 Bldg. A 6 Bldg. B of wall signs 4Bldg.B 6 Bldg. B-5 2 Bldg. B-5 11 Bldg. C 13 3 Bldg. C Bldg. D 3 Bldg. D 7 Bldg. IM-D 1 Bldg, 1M-D 25-15.3c2(d) 1 2 (2 monument 4 (1 monument Maximum number signs) sign, 3 shopping of freestanding center signs) signs 25-15.3c2.(d) Front yard Front yard Front and side Location of yards freestanding signs 25-15.3c2(d) 50 ft. (Shopping Not provided Ten (10”) feet Minimum sign front | center sign) setback 25-15.3c2.(d) 150 sq. ft. (Shopping | Not provided 220 sq. ft. (2 Maximum sign center) signs), 260 sq. ft. area- shopping (1 sign) center sign 25-15.3c2.(d) 20 ft. N/A 28 ft. (2 signs), Maximum sign 36 ft. (1 sign) height- shopping center sign 25-15.3¢2(d) 15 fi. N/A 16 ft. (3 signs) Maximum sign