24 10 29 MPB Realty Planning Review 1

West Orange Zoning Board October 29, 2024 Re: MPB Realty (Popeyes & IHOP) Our File No. WRZ0153.V01 Planning Review #1 Page 7 S:\West Orange\Zoning Board\VWRZ0153.01 - MPB Realty, LLC\24-10-28 MPB Realty - Planning Review 1.docx • Ensure that the public’s safety is secured; • Provide sufficient space for balanced growth and development; • Ensure safe and efficient transportation and circulation routes; • Promote a desirable visual environment; • Encourage development and redevelopment that is compatible with the suburban character of the Township; The Master Plan makes one specific recommendation regarding fast food restaurants, and that is to permit drive-thru windows as a customary accessory use, but also to provide standards to regulate their use. A recommendation is also made in the Master Plan to improve the appearance of Eagle Rock Avenue, in particular near the intersection with Pleasant Valley Way. 6. Planning Comments a. The applicant should discuss the proposed project, addressing the general scale and scope of improvements proposed for the site. The plans indicate that the existing building is to remain, but the parking areas are to be removed and replaced. What are the extents of renovations of existing improvements and what is proposed to be entirely new construction? b. We note that this is not the first application for a drive-thru facility on this property, and that earlier this year an application on this site was dismissed by the Board without prejudice. The applicant should provide testimony addressing any similarities and differences between the previous application before the Board, and the application that is now before the Board. c. The application as proposed will require a d-3 conditional use variance for non-compliance with four of the conditional use requirements for a fast food restaurant in the B-2 business district. With any ‘d’ variance, the applicant has an enhanced burden of proof to demonstrate that both the positive and negative criteria can be satisfied before the Board can grant a ‘d’ variance: i. Positive Criteria: The applicant must show that the site remains suitable for the proposed use despite not satisfying the conditional use requirements. ii. Negative Criteria: The applicant must show that the proposed use will not have a substantial detrimental impact on the public good, and will not substantially impair the

ditional use requirements. ii. Negative Criteria: The applicant must show that the proposed use will not have a substantial detrimental impact on the public good, and will not substantially impair the intent and purpose of the zone plan.