470 Eagle Planning Report 8 2 24

ts per Section 25-12.1.l. The front yard parking is an existing non-conforming condition as the existing site shows 11 parking spaces fronting Eagle Rock Avenue. The additional parking spaces provided within the front yard are anticipated to be needed as two individual restaurants may yield a slightly higher parking demand on site than a singular restaurant use. The proposed parking at the front will improve the existing condition by reducing the number of non-conforming spaces to a total of 10 spaces, including 2 ADA accessible spaces. New front yard landscaping will be added to help visually buffer this area from the roadway, and a painted crosswalk from this area to the front door of the proposed building will be added to ensure safe pedestrian access from the spaces to the restaurants. Additionally, other commercial properties along the corridor including the property immediately east of the site have existing non- conforming front yard parking, and therefore the variance will not create a substantial detriment to the existing

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT August 02, 2024 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 7 of 10 corridor as it is consistent with other commercial properties. Overall, the benefits of the front yard parking location will outweigh the detriments. Maximum Number of Façade Signs: The project proposes four façade signs for the fast-food restaurant and four façade signs for the full-service restaurant, where a maximum of one façade sign is permitted. The property is located on a corner lot so the additional signs are intended to be visible from both rights-of-way to improve wayfinding. Additionally, the proposed signs will only be visible to the north (Eagle Rock Avenue), west (Rosney Terrace), and east of the property and will not be visible to the residential properties to the south (rear). The proposed signage packages are consistent with the tenants, who are national brands and provide consistent signage and wayfinding across their locations. Maximum Façade Sign Area: The project proposes a total sign area of 233.3 square feet for the two restaurant uses, where a maximum of 120 square feet is permitted. The total area is split among several (8) smaller signs as noted above and therefore the impact if the congregate sign area will not be felt at the level of numerical deviation from the standard. No one individual sign is in excess of the maximum sign area restriction and therefore the overall proposed sign package will present as consistent with the associated uses along a typical commercial roadway. Concrete Curbing within 5 Feet of a Structure: §25-12.1.B mandates that no concrete or granite block curb may be within 5 feet of a structure whereas the project proposes a concrete curb directly abutting the building edge on the eastern façade. This curb lines the drive-thru window and aisle and is necessary to protect the structure and moving vehicles from clipping the building or drive-thru window when using the drive-thru lane. The benefits of prioritizing overall site safety and public welfare outweigh the detriments. Minimum Landscaping Abutting a Residential Zone: The ordinance requires a landscape buffer along property lines where a nonresidential district and a residential district abut. §25-11.3a states that said landscape buffer should be

Residential Zone: The ordinance requires a landscape buffer along property lines where a nonresidential district and a residential district abut. §25-11.3a states that said landscape buffer should be no less than 20 feet, whereas the landscape buffer on the south (rear) property line abutting the R-6 zone provides a buffer of 8.8 feet. While the landscape buffer itself does not meet the 20-foot requirement, active site uses along this property line are buffered by an additional bypass drive lane at the rear of the property which will see minimal utilization throughout the day. This results in the nearest active site component, which is the drive-thru lane, being setback 20.8 feet from the property line therefore meeting the intent of the requirement in minimizing impacts of the commercial use on the adjacent residential property.

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT August 02, 2024 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 8 of 10 Loading Space: The ordinance requires the proposed project to provide one off-street loading space for the proposed uses. The current site plan does not provide a dedicated, striped loading space on the property but accommodates the off-street loading of the relevant truck model as made evident on sheet 19 of the Civil Site Plans, wherein circulation movements for a large delivery truck are provided. The delivery vehicle will not prevent the remainder of the site circulation from being functional in any way other than a temporary disruption to the front yard parking spaces. Both driveways will still be accessible and operable while any type of delivery overlaps business hours. Vehicles will still be able to access ample parking spaces (40 of the proposed 50) and the drive- thru lane. The site circulation meets the intent of the requirement by providing the ability to accommodate safe and efficient deliveries entirely off-street while maintaining site operations for patrons of the business. Tree Replacement Requirements: The Township recently (June 2024) adopted new tree replacement standards in relation the to removal of on-site tree canopy. The Project Engineer (Dynamic Engineering) has provided the following analysis of the proposed tree replacement • 50% of the tree canopy of a developed lot shall be preserved (Existing “canopy” is limited to perimeter landscaping as the majority of the site is occupied by surface parking) Project preserves 12 out of 45 total (26%) • Existing Trees 4”-6” must be replaced with one 2.5” tree Project proposes 11 to be removed • Existing Trees 6”-13” must be replaced with either two 4” trees or four 2.5” trees Project proposes 17 to be removed • Existing Trees 13”-22” must be replaced with either three 4” trees or six 2.5” trees Project proposes 5 to be removed The resulting requirement per the new standards is a replacement of (109) 2.5” caliper trees OR (49) 4” caliper trees and (11) 2.5” caliper trees. The current plans propose 42 trees and therefore the proposed project does not meet the new requirements. The Project Engineer will work with the Township to identify eligible properties elsewhere in the Township for

s propose 42 trees and therefore the proposed project does not meet the new requirements. The Project Engineer will work with the Township to identify eligible properties elsewhere in the Township for replacement trees as required and will provide testimony as to the details of the final arrangement agreed upon with Township professionals. The inability to meet the new requirements is in large part due to the projects reuse of the overall existing site conditions wherein the majority of the existing surface parking area will be maintained and restriped, and therefore minimal space is available to accommodate shade trees onsite. The project does propose an increase in the size and substantial improvement to the overall

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT August 02, 2024 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 9 of 10 design of existing landscape areas including the priority of landscape screening along the south property line where a single-family home abuts the property. The proposed condition is a significant improvement from the existing site conditions both aesthetically and performance-wise and therefore the benefits outweigh the detriments. Promotes the Purposes of the Municipal Land Use Law: The granting of the variances will advance the purposes of the Municipal Land Use Law and promote the general welfare. • Granting the requested variances will guide the appropriate use and development of the property in a manner that will promote the general welfare consistent with N.J.S.A. 40:55D-2.a. through the provision of an appropriate commercial building on a lot that is compliant with conditional uses of the B-2 District. • The proposed project will provide adequate light, air, and open space; consistent with N.J.S.A. 40:55D-2.c. • The proposed project will promote a more desirable visual environment through creative development techniques consistent with N.J.S.A. 40:55D-2.i. by redeveloping the property and substantially improving the Eagle Rock Avenue streetscape and commercial character. Negative Criteria Granting the variances will not result in a substantial detriment to the general welfare. The project proposes to demolish an existing condemned building and provides a particularly beneficial use that is similar to its previous commercial use in developing two restaurants for residents and consumers of the community with improve onsite infrastructure, landscaping, circulation and overall aesthetic appearance. Granting the variances will likewise not result in a substantial impairment to the intent and purpose of the zone plan or zoning ordinance. The proposed fast-food restaurant-use is compliant with the conditions of the B-2 District. The proposed project is also consistent with the 2019 Master Plan Update in advancing several goals/objectives of the 2019 Master Plan Reexamination, including; • Objective 9. “Promote a Desirable Visual Environment” • Objective 16. “Encourage Economic Development and Redevelopment That Is Compatible with the Suburban

019 Master Plan Reexamination, including; • Objective 9. “Promote a Desirable Visual Environment” • Objective 16. “Encourage Economic Development and Redevelopment That Is Compatible with the Suburban Character of the Township • Principle 2. “Properly Locate Public, Commercial/Retail, Industrial, Residential and Service Uses”

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT August 02, 2024 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 10 of 10 CONCLUSION The requested variances are justified and meet the positive and negative proof standards and therefore can be granted. The applicant reserves the right to supplement the foregoing reasons with expert testimony at the Planning Board Hearing. https://dresdnerrobin-my.sharepoint.com/personal/mclark_dresdnerrobin_com/Documents/2024-08-02 Justifications Memo - 470 Eagle Rock Avenue_WO.docx