470 Eagle Rock Avenue West Orange_Planning Report_12212022

lanted and maintained in perpetuity with trees and shrubbery of such sizes and densities as to adequately screen the buildings from such abutting residential district or use in a residential zone. The required buffer width shall be fifty feet in all nonresidential zones. However, the proposed residential buffer is 1.1’. o Section 25-11.2.: Side yards of nonresidential buildings on lots which are contiguous to the boundary of any residential district shall have a minimum required width of seventy-five feet. However, the proposed Popeyes is 66.9’ from side front contiguous to residential district boundary (R-6).

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 8 Table 1: Bulk and Area Regulations 470 Eagle Rock Avenue, West Orange (Block 153, Lot 38) Regulation Requirement (B-2) Provided Minimum Lot Width No Standard 248.5’ Minimum Lot Area 10,000 sq. ft. 45,713 sq. ft. Minimum Front Yard Setback 30’ 55.5’ Minimum Rear Yard Setback 30’ 38.2’ Minimum Side Front Yard Setback (corner lots) 25’ 66.9’ Minimum Side Yard Setback 10’ 57.4’ Maximum Building Coverage 40% 11.7% Maximum Impervious Coverage 60% 71.2% Maximum Building Height (feet) 35’ 21.83’ Maximum Building Height (stories) 2.5 stories 1 story Parking 31 spaces 31 spaces

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 9 Table 2: Signage Regulations Sign Requirements Proposed Popeyes Proposed fast food restaurant Freestanding Number of signs 1 1 1 Maximum sign area 50 sq. ft. 49.43 sq. ft. 50 sq. ft. Minimum sign height 8’ 20’ 8’ Maximum sign height 16’ 20’ 16’ Maximum sign width 6’ 7.88’ 6’ Minimum sign front setback 10’ 10’ 10’ Minimum distance between freestanding signs 150’ 159.9’ 159.9’ Building mounted Number of façade signs 1 5 1 Maximum façade sign area 15% of front wall area or 120 sq. ft., whichever is less (100 sq. ft.) North; ‘Popeyes Louisiana Kitchen’ channel letter 39.1 sq. ft. West: Popeyes seal 7.1 sq. ft.; ‘Love that chicken!’ graphic 90.4 sq. ft. East: ‘Popeyes’ channel letters 14.3 sq. ft.; ‘Famous Louisiana Chicken’ graphic 48 sq. ft. TOTAL: 198.9 sq. ft. 120 sq. ft. Maximum sign projection 12 inches 5 inches 12 inches

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 10 Conditional Use Variances As per the Conditional Use Requirements stated in Section 25-24.2. b. 2. (i) of the Township’s Land Use Regulations, the following variances are requested: (3) No part of any building or structure used as a fast food restaurant shall be located within one thousand (1,000) feet of any residential district boundary line. COMMENT: The proposed fast food restaurant is located on a lot adjacent to a residential zoning district (R-6 District to the west and south). The proposed fast food restaurant uses are consistent with the commercial land use pattern north and west of the project site and will be a complementary addition to the array of business establishments within the B-2 District. Although the project site is situated adjacent to a residential district, the proposed fast food restaurants have been arranged and designed to mitigate any impacts to the nearby residences. (4) The minimum size for any lot upon which any fast food restaurant is located shall be thirty thousand (30,000) square feet, and the minimum street frontage of such lot shall be two hundred (200) feet. If a fast food restaurant is located on a corner lot, the minimum street frontage on each street shall be two hundred (200) feet. COMMENT: The frontage along Rosney Terrace is 182.4 feet. This is an existing condition. Based on the site plan and layout, the Rosney Terrace frontage will not be utilized for vehicular access. To that end, the potential impacts to Rosney Terrace, if any, will be minimal. (5) Entrance and exit driveways to and from any lot upon which is located a fast food restaurant shall have an unrestricted width of not less than twenty-four (24) feet nor more than thirty (30) feet, shall be located not nearer than twenty (20) feet to any lot line and shall be so designed to avoid the need for any existing vehicle to back across or into any portion of a public sidewalk or street. COMMENT: The proposed driveway is 13.6 feet from the Rosney Terrace property line. When a vehicle exits from the driveway closest to Rosney Terrace, the only movement permitted is a right turn. To that end, this allows for safe traffic conditions and prevents a vehicle from making a “U” turn onto Rosney Terrace and further these traffic mechanisms promote the public health, safety and general

o that end, this allows for safe traffic conditions and prevents a vehicle from making a “U” turn onto Rosney Terrace and further these traffic mechanisms promote the public health, safety and general welfare of the community. (6) The minimum distance between driveways on a lot upon which is located a fast food restaurant shall be one hundred (100) feet, measured from the two (2) closest driveway curbs. COMMENT: The proposed distance between the driveways is 95.2 feet. Both driveways are necessary to sufficient and safe vehicular access to each respective fast food restaurant. Further, given the existing width of the project site, it would be difficult to be compliant with the requirement, while providing sufficient parking, turning radii and other necessary circulation features. (7) The minimum distance of any driveway into the street, of a lot upon which a fast food restaurant is located, from a street intersection shall be one hundred (100) feet, measured from the nearest end of the curb radius of the intersection to the nearest end of the curb radius of the driveway. COMMENT: The proposed driveway is 13.1 feet from the street intersection. This intersection is with Rosney Terrace, a predominantly single-family residential street, where the traffic volume is much lower

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 11 than nearby streets (i.e., Prospect Avenue). As mentioned, a vehicle exiting the site can only make a right turn onto Eagle Rock Avenue, which is funneling traffic away from Rosney Terrace. To that end, the impacts to Rosney Terrace, if any, will be minimal. Master Plan Review/Consistency: 2019 Master Plan The proposed project is consistent with the Township’s 2019 Master Plan Re-examination Report. The following goals and objectives are furthered through the implementation of this application: • Continue to maintain a balance of land uses (Economic Development Recommendations, pg. 42). • Encourage supporting services for open space, recreation and tourism attractions (Economic Development Recommendations, pg. 42). • Modify zoning as appropriate to allow for varied nonresidential uses (Economic Development Recommendations, pg. 42). • Properly Locate Public, Commercial/Retail, Industrial, Residential and Service Uses (pg. 12). It was noted that this principle is still valid. o The Master Plan should continue to emphasize the need to locate public, commercial/retail, industrial, residential and service uses at sites and locations which are suitable for their use environmentally, economically, and geographically, and can be adequately serviced by public infrastructure. (pg. 29). • Improve the safety and appearance of Pleasant Valley Way and Eagle Rock Avenue, in particular the intersection of these two streets. (pg. 36) o COMMENT: This project will ameliorate an existing blighting condition of a vacant commercial storefront along Eagle Rock Avenue. • Redevelopment o COMMENT: On pg. 19, it is noted that “[i]n 2004 the Borough’s single viable commercial use (an insurance brokerage office) was transferred to an owner of a civil engineering and surveying consulting business who wanted to extend the hours of use of the building beyond what the Borough had imposed as conditions of commercial occupancy…” Based on these relevant goals, objectives and excerpts, the proposed project would further the Township’s 2019 Master Plan Re-examination Report. There is no substantial detriment to the public good or impairment to the Master Plan as the project will not negatively impact the B-2 District or adjacent uses, including residential dwellings.

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 12 Proofs Statutory criteria as set forth in the Municipal Land Use Law (Section 40: 55D-70d) Positive Criteria In accordance with the Municipal Land Use Law [Section 40: 55D-70d(3)], conditional use relief is sought for the proposed fast food restaurant as several conditions identified for a fast food restaurant use are not in compliance. In demonstrating the positive criteria, proofs shall consist of special reasons and particular cases how the proposed use will be beneficial the general welfare of the community. As per the Coventry Square guidelines for “D-3” Conditional Use variance relief, the enhanced burden of proof set forth in the Medici case does not need to be made in the granting of a conditional use variance. The variance at hand is essentially a permitted use, however one or more conditions stated in the zoning ordinance are not met and therefore, it should not be held to the same standards as uses that are not permitted. This application is only seeking deviations from specific conditions. The following Purposes of Zoning, as stated in the MLUL, will be advanced through the implementation of this project: • Section a: To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the health, safety, morals, and general welfare. o COMMENT: The proposed development will improve the public health, safety, and general welfare of the site as it will be activating the site with two new commercial establishments. It will be eliminating a blighting condition as the site has been vacant and abandoned for at least two consecutive years. • Section g: To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens o COMMENT: The proposed screening along the rear property line allows for the project to blend with the residential land use pattern to the south. The landscaped buffer to be planter along the site’s westerly boundary allows for a harmonious transition to residential community along the opposite side of Rosney Terrace. The proposed fast food restaurants will also help

o be planter along the site’s westerly boundary allows for a harmonious transition to residential community along the opposite side of Rosney Terrace. The proposed fast food restaurants will also help bolster the B- 2 District and the promote the prominent commercial intersection of Eagle Rock Avenue and Prospect Avenue. • Section i: To promote a desirable visual environment through creative development techniques and good civic design and arrangement o COMMENT: The proposed development of the project site is a better alternative than the deteriorating existing conditions. The project will enhance the Eagle Avenue streetscape and fill in missing physical gap. The layout of the proposed restaurants on the site are arranged in a way so that traffic impacts will be minimal.

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 13 Negative Criteria In terms of the negative criteria, there are two prongs that must be met. The first prong is that there will be no substantial detriment to the public good. The second is that proposed project will not substantially impair the intent of the zoning ordinance or the Township Master Plan. As previously identified in this report, numerous goals, objectives and excerpts stated in the Master Plan will be advanced through the implementation of this project (see page 5 of this report). Based on these relevant goals, objectives and excerpts, the proposed project would further the Township’s 2019 Master Plan. There is no substantial detriment to the public good as the project will not negatively impact the B-2 Zone or adjacent uses. The proposed development will activate a dormant commercial site and simultaneously blend with the adjacent residential community through buffering along the easterly property line and screening along the southerly property line. Landscaping along the Eagle Rock Avenue frontage contributes to the site’s walkability and pedestrian experience. The easterly driveway only permits a right egress turn, which funnels traffic away from the residential community and towards the business district. There is no curb cut driveway proposed along the Rosney Terrace frontage. To that end, this demonstrates that traffic impact will not significantly impact the adjacent residences in the R-6 District. Cumulatively, the design and layout of the proposed fast food restaurants will have numerous positive impacts and not cause substantial detriment to the public good. It is a better zoning alternative than the strict application of the Conditional Use standards for a fast food restaurant within the B-2 District.

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 14 C Variances In addition to the D-3 Conditional Use variances required as part of the application, there are also “C” variances requested. These variances consist of: • Maximum impervious coverage (60% is the maximum permitted and 71.2% is proposed) • Signage (Section 25-15.3.c.) o Freestanding sign: § Number of signs (1 is permitted, whereas 1 is proposed for the proposed Popeyes restaurant and 1 is proposed for the fast food restaurant) § Maximum sign height (16’ is the maximum permitted, whereas 20’ for the proposed Popeyes restaurant is proposed) § Maximum sign width (6’ is the maximum permitted, whereas 7.88’ is for the proposed Popeyes restaurant is proposed) o Building mounted sign: § Maximum number of façade signs (1 is the maximum permitted, whereas 5 is proposed) § Maximum façade area (15% of front wall area or 120 square feet, whichever is less [100 square feet], whereas 198.9 square feet is proposed) • Parking o Section 25-12.1.A: There shall be a five-foot wide sidewalk at least five inches above the parking area level between any building and a parking area or drive used by the public. However, there is no sidewalk proposed between building and drive-thru lane. o Section 25-12.1.B: The entire perimeter of all parking areas and the edges of all entrance and exit drives shall be enclosed with a concrete or granite block curb at least six inches above the paving surface. Curbing shall not be less than five feet from any fence or screening nor less than five feet from any structure. However, there will be a concrete curb directly adjacent to proposed building at drive-thru window and a fence located 1.3’ from curb. o Section 25-12.1.L.: Off street parking may be placed in the side or rear yard only. However, parking is proposed in front yard. • Driveway o Section 25-12.1.I: Each entrance or exit from such parking area shall be at least fifty (50) feet from any residential district. However, the northwesterly access aisle proposed is 37.4’ from the adjacent residential zoning district (R-6). • General Requirements o Section 25-8.1.: No accessory uses shall be located within any minimum required front yard or side yard. However, refuse/trash enclosure are proposed to be located approximately 1.1’ from the rear property line. o Section 25-8.1B.: If any such accessory