470 Eagle Rock Avenue West Orange_Planning Report_12212022

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