470 Eagle Rock Avenue West Orange_Planning Report_12212022

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.