470 Eagle Rock Avenue West Orange_Revised Planning Report_07072023

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)