470 Eagle Rock Avenue West Orange_Revised Planning Report_07072023

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 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 8 • 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).

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 9 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’ 50.1’ Minimum Rear Yard Setback 30’ 38.2’ 44.2’ Minimum Side Front Yard Setback (corner lots) 25’ 66.9’ 66.6’ Minimum Side Yard Setback 10’ 57.4’ 61.4’ Maximum Building Coverage 40% 11.7% 8.8% Maximum Impervious Coverage 60% 71.2% 68.8% Maximum Building Height (feet) 35’ 21.83’ 22.4’ Maximum Building Height (stories) 2.5 stories 1 story Parking 31 26 spaces 31 27 spaces

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 10 Table 2: Signage Regulations Sign Requirements Proposed Popeyes Proposed Sonic Freestanding Number of signs 1 1 1 Maximum sign area 50 sq. ft. 49.43 sq. ft.30.2 sq. ft. 50 sq. ft.43.0 sq. ft. Minimum sign height 8’ 20’ 8’ Maximum sign height 16’ 20’ 16’ 16’ Maximum sign width 6’ 7.88’ 6’ Minimum sign front setback 10’ 10’ 10’ Minimum distance between freestanding signs 50’ 159.9’ 196.1’ 159.9’ 196.1’ Building mounted Number of façade signs 1 5 5 4 Maximum façade sign area 15% of front wall area or 120 sq. ft., whichever is less (100 sq. ft.) North: ‘Popeyes Louisiana Kitchen’ channel letters 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. North: ‘Sonic’ channel letters 17.7 sq. ft. ‘Sonic’ brand logo 52.7 sq. ft. West: ‘Sonic’ channel letters 17.7 sq. ft. East: ‘Sonic’ cherry logo 54.5 54.4 sq. ft.; ‘Sonic’ channel letters 17.7 sq. ft. South: ‘Sonic’ brand logo 52.7 sq. ft. TOTAL: 160.2 sq. ft. 142.5 sq. ft. Maximum sign projection 12 inches 5 inches 12 inches

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 11 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: (2) No part of any building or structure used as a fast food restaurant nor any driveway entrance or exit to or from the same shall be located within five hundred (500) feet of any line of any lot upon which is located another fast food restaurant. COMMENT: The proposed application will contain two fast food restaurants on one lot. Therefore, the two proposed fast food restaurants will be within 500 feet of one another. (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. (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.

t, 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 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. (10) All fast food restaurants shall provide parking (i) at a ratio of at least one (1) off-street parking space for every thirty (30) square feet in the entire establishment (kitchen, storage, etc.) or (ii) one (1) space for every three (3) seats, whichever is greater. COMMENT: The parking requirement consists of the following: Proposed Popeye’s restaurant: 706 sq. ft. x 1 space per 45 sq. ft. = 16 spaces (or 24 seats x 1 space per 3 seats = 8 spaces)

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 12 Proposed Sonic restaurant: 764 433 sq. ft. x 1 space per 45 sq. ft. = 10 spaces (or 14 18 seats x 1 space per 3 seats = 5 6 spaces) Total: 33 26 spaces required; Provided: 30 27 spaces including the EV credit COMMENT: Based on the proposed arrangement on the site, parking compliance cannot be reached even with the inclusion of parking provided in the front yard, which in turn, requires a variance for a separate regulation (Section 25-12.1.L) With the reduction of the proposed building footprint of Sonic, the number of required parking spaces have been reduced to 26 in total (with the inclusion of 1 EV space required). With the revised site plan, 27 parking spaces are proposed (28 spaces with EV credit) and to that end, parking compliance is reached and also compliance with this condition. 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

nue. • 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

470 Eagle Rock Avenue, Township of West Orange, NJ – Professional Planning Report 13 the Master Plan as the project will not negatively impact the B-2 District or adjacent uses, including residential dwellings. 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

he 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 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