470 Eagle Rock Avenue West Orange_Planning Report_12212022

ithin 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 use is located in B district and a property line which is the district boundary line abuts a residential district, then the minimum required distance from such property line shall be ten feet. However, the proposed parking and trash enclosure are located within required front (30’) and side yard setbacks (10’ each side).

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 15 • Buffer Requirements o Section 25-11.3.a.: Along any side or rear property line which is also the boundary line between a nonresidential district and a residential district or is contiguous to a residential use in a residential zone, a buffer strip shall be planted 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). In reviewing this variance, the flexible C-2 Context [as stated in Section 40:55D-70c(2) of the MLUL], is appropriate. The granting of approval must benefit the community in that it represents a better zoning alternative for the property. The focus of a c(2) case, then, will be not on the characteristics of the land that, in light of current zoning requirements, create a “hardship” on the owner warranting a relaxation of standards, but on the characteristics of the land that present an opportunity for improved zoning and planning that will benefit the community. When a use variance is sought based on the assertion that the site is “particularly suitable for the proposed use,” the required bulk variances may be considered subsumed in the consideration of the use variance. In the case of Price v. Himeji, LLC, 214 N.J. 263, 301 (2013), in which the Court noted that although the board referred to the c(2) variances for setbacks and coverage as “subsumed in the consideration of the (d) variances,” the record of the board’s review supported its decision. The Price Court further found that the record and resolution demonstrated that the c(2) variances advanced the purposes of the MLUL and created benefits that outweighed any detriments caused by the deviations from the zoning ordinance. Additionally, in the case of Pullen v. Tp. Of South Plainfield, 291 N.J. Super. 1 (App. Div. 1996), the court reviewed a grant of a c(2)

detriments caused by the deviations from the zoning ordinance. Additionally, in the case of Pullen v. Tp. Of South Plainfield, 291 N.J. Super. 1 (App. Div. 1996), the court reviewed a grant of a c(2) variance where a proposed pharmacy would be constructed on a “thru-lot” site lying between two streets. Plaintiff had urged that any deviation from the front yard setback at issue had to further the purposes of the MLUL, and that only those benefits flowing from the deviation should be factored into the required balancing test. The court, however, held that the benefits flowing from the entire proposal should be considered. To that end, in the context of the Pullen Case, the overall site arrangement works better as designed than the strict application of the Township’s Zoning Ordinance. Again, multiple Purposes of Zoning from the MLUL will be advanced from the implementation of this project. These include Sections a, g, and i. It is necessary to deviate from the strict application of the standards of the B-2 District. Additionally, the lot coverage deviation is necessary in order for adequate parking to be provided onsite. The building coverage deviation is needed for the proposed development to be viable. Similarly, there will be no substantial detriment to the public good in the implementation of this project. There will also be no impairment to the zone plan, for the reasons previously mentioned. The proposed lot coverage is necessary in providing adequate parking for the employees and patrons of the proposed fast food restaurants. It is also a decrease coverage ratio than the existing condition of 88.3% (71.2% proposed; a decrease of 17.1%). The requested deviations from the signage standards are necessary as these deviations will effectuate the

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 16 proposed Popeyes restaurant. Although the project site abuts a residential zoning district to the south and west, adequate screening will be provided in the form of a variety of landscaped vegetation (along the westerly boundary) and a 6’ board of board fence (along the southerly boundary). Residential uses to the south and west will have minimal impacts, if any, as the vehicular circulation is designed to steer traffic away from the nearby residences while maintaining the commercial cohesion of the B-2 District and the adjacent business establishments. Cumulatively, all of the “C” deviations are better zoning alternatives than the strict application of the B-2 District standards set forth in the zoning ordinance. Lastly, additional proofs will be added during the time of planning testimony.

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 17 APPENDIX I: Maps Map 1: Aerial Map Map 2: Zoning Map

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 18 Map 1: Aerial Map The project site is located along the southern side of Eagle Rock Avenue. It is proximate to numerous commercial establishments, including the West Orange Plaza (Whole Foods, Chipotle, Jersey Mike’s etc.), CVS pharmacy and Kim’s Sushi restaurant (Source: Google Maps, accessed December 2022).

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 19 Map 2: Zoning Map The project site is located within the B-2 General Business zoning district (Source: Township of West Orange Zoning Map dated November 2006).

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 20 APPENDIX II: Site and Surrounding Area Photographs (Dated 2/17/2022)

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 21 Photo 1: View of the project site’s frontage along Eagle Rock Avenue looking north. Photo 2: View of project site looking south. Note that the existing commercial building is vacant but most recently occupied by a restaurant.

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 22 Photo 3: Immediately north of the project site is a commercial building containing multiple tenants, including a bank, urgent care, and dental office. Photo 4: The southerly portion of the project site consists of an impervious surface parking area, which previously consumed 88.3% of the site). The proposed lot coverage conditions would be a decrease, amounting to approximately 71.2%.