24 03 17 MPB Realty Planning Review 2

One Market Street, Suite 1F Camden, NJ 08102 732.410.2651 www.cmeusa1.com March 17, 2025 West Orange Township – Zoning Board 66 Main Street West Orange, NJ 07052 Re: MPB Realty LLC – Planning Review #1 470 Eagle Rock Avenue Block 153, Lot 38 Zone: B-2 Our File No. WRZ0153.V01 Dear Chairman and Board Members: 1. Summary The property is located on Eagle Rock Avenue and Rosney Terrace. The 1.07 acre property is developed with the former China House restaurant. The applicant proposes to repurpose the existing building to house two restaurants – an IHOP and a Popeyes that will include a drive-thru window. D-3 conditional use variance relief is required to permit a fast-food restaurant within 500 feet of another fast food restaurant, within 1,000 feet of a residential district, to have a driveway within 100 feet of an intersection, and on a corner lot with insufficient frontage. Additional variances are required for impervious coverage, signage, and parking in a front yard.

West Orange Zoning Board March 17, 2025 Re: MPB Realty (Popeyes & IHOP) Our File No. WRZ0153.V01 Planning Review #2 Page 2 S:\West Orange\Zoning Board\VWRZ0153.01 - MPB Realty, LLC\24-03-17 MPB Realty - Planning Review 2.docx 2. Project and Property Description The subject property is located on the southeast corner of the intersection of Eagle Rock Avenue (CR 611) and Rosney Terrace in the northern end of the Township. The 45,713 square foot (1.07 acre) property is currently developed with a commercial building that was previously used as the China House restaurant, and its associated parking lot. The site has two driveway access points onto Eagle Rock Avenue, and no access onto Rosney Terrace. There are sidewalks along the frontage of Eagle Rock Avenue, but no sidewalks on Rosney Terrace. This is our second review of this application. The applicant has submitted revised and supplementary materials in response to previous comments from the Board professionals. All new comments can be found in bold and italic type. The revised plans and materials provided indicate the following changes from the initial submission reviewed by our office: • The type of fence proposed between the restaurant and the adjacent residences has been revised to be a solid vinyl fence rather than a partially open wooden fence. • The location of the dumpster enclosure has shifted to be farther away from the adjacent residential property line. • The existing row of trees along the southern property line are now proposed to be removed as they have been identified as an invasive species. • Additional plantings are proposed along the eastern property line as was requested. • A sidewalk is now proposed along the Rosney Terrace ROW. • The location of the proposed EV charging station has shifted to be next to the proposed ADA parking stalls. • Revisions have been made to the landscaping and lighting plans based on previous recommendations. The applicant is proposing to renovate the existing restaurant building on the property and repurpose the structure to be used as both an IHOP restaurant on the west side, and a Popeye’s fast-food restaurant on the east side. An addition of 300 s.f. is proposed in the rear of the building within the IHOP space. The Popeye’s would include drive-thru service. The IHOP restaurant would include 88 dine-in seats, while the Popeye’s would is indicated to have 18

d in the rear of the building within the IHOP space. The Popeye’s would include drive-thru service. The IHOP restaurant would include 88 dine-in seats, while the Popeye’s would is indicated to have 18 seats for patrons inside the space. The existing parking areas around the building are proposed to be removed and replaced. Access to the site would come from the same two existing driveways onto Eagle Rock Avenue, with the western driveway (closer to IHOP) being a right turn in / right turn out driveway, and the eastern driveway (closer to Popeye’s) allowing both left and right turns in and out. 50 total parking spaces

West Orange Zoning Board March 17, 2025 Re: MPB Realty (Popeyes & IHOP) Our File No. WRZ0153.V01 Planning Review #2 Page 3 S:\West Orange\Zoning Board\VWRZ0153.01 - MPB Realty, LLC\24-03-17 MPB Realty - Planning Review 2.docx are proposed around the building, and the drive-thru lane for Popeye’s appears to have stacking space for approximately 9-10 vehicles. A new dumpster enclosure consisting of three 10’x10’ dumpsters is proposed in the southeast corner of the property. Most of the existing trees on the property are proposed to be removed to allow for the expansion of the parking areas, while some trees that are located partially on the property and partially on adjacent parcels will remain around the perimeter of the site. New landscaping is proposed along the periphery of the site, along the drive-thru lane, and around the building as foundation plantings. New lighting is also proposed along the building facades, and around the parking lot and drive-thru lane. Signage for the businesses are proposed in a 50 s.f. 16-foot high freestanding sign along the Eagle Rock Ave frontage, and through several building mounted façade signs along the north, east, and western facades of the building. The site is surrounded by a mixture of commercial uses and residential uses. To the east along the Eagle Rock Avenue frontage are smaller scale commercial uses, including professional offices, an urgent care medical facility, a bank, and a sushi restaurant. North of the site across Eagle Rock Ave are larger commercial and institutional uses, including the Whole Foods shopping center which includes a Chipotle and Jersey Mikes fast food restaurant along the frontage. Also across the street is the Mayfair Farms banquet hall / event space. To the west and south of the site are primarily single-family residences. 3. Zoning Compliance The property is located within the B-2 Business district of the Township. Use Requirements A restaurant is a permitted principal use in the district. Fast Food restaurants are a conditionally permitted use in the B-2 district, subject to the following conditional use requirements: (1) A site plan, prepared by a New Jersey licensed architect or engineer, shall be submitted to the Planning or Zoning Board, as required by this chapter and state law, and the plan shall show all standards, established herein for fast food restaurant operation as a

gineer, shall be submitted to the Planning or Zoning Board, as required by this chapter and state law, and the plan shall show all standards, established herein for fast food restaurant operation as a conditional use, have been satisfied. – Complies (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 500 feet of any line of any lot upon which is located another fast food restaurant. – Does not comply. A Jersey Mike’s restaurant is approximately 150 feet away.

West Orange Zoning Board March 17, 2025 Re: MPB Realty (Popeyes & IHOP) Our File No. WRZ0153.V01 Planning Review #2 Page 4 S:\West Orange\Zoning Board\VWRZ0153.01 - MPB Realty, LLC\24-03-17 MPB Realty - Planning Review 2.docx (3) No part of any building or structure used as a fast food restaurant shall be located within 1,000 feet of any residential district boundary line. – Does not comply. A residential district is immediately west of the property, and approximately 50 feet south of the property. (4) The minimum size for any lot upon which any fast food restaurant is located shall be 30,000 square feet, and the minimum street frontage of such lot shall be 200 feet. If a fast food restaurant is located on a corner lot, the minimum street frontage on each street shall be 200 feet. – Does not comply. The frontage along Rosney Terrace is 182.4 feet. (5) Combined entrance and exit driveways to and from any lot upon which is located a fast food restaurant shall have an unrestricted width of not less than 24 feet nor more than 30 feet, shall be located not nearer than 20 feet to any lot line and shall be so designed to avoid the need for any existing vehicle to back across or into any portion of a public sidewalk or street. One-way entrance or exit driveways shall have a minimum width of 18 feet. – Complies (6) The minimum distance between driveways on a lot upon which is located a fast food restaurant shall be 100 feet, measured from the two closest driveway curbs. – Complies (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 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. – Does not comply. The western driveway is 13 feet from the Rosney Terrace intersection. (8) All fast food restaurants shall provide suitable areas for storage of trash, designed and constructed to allow no view of the trash storage from the street, to prevent trash from blowing around the site onto adjacent properties or public rights-of-way and to permit safe removal of trash. – Complies (9) All fast food restaurants shall provide parking in accordance with § 25-12.2b. – Complies (10) Any lot on which is located a fast food restaurant must comply with the front yard, side yard, and rear yard requirements for

rants shall provide parking in accordance with § 25-12.2b. – Complies (10) Any lot on which is located a fast food restaurant must comply with the front yard, side yard, and rear yard requirements for the B-1 or B-2 District in which the lot is located. – Complies. A d-3 conditional use variance will be required as the proposed use does not conform to all of the conditional use requirements. Bulk Requirements All development in the B-2 district is subject to the following bulk regulations:

West Orange Zoning Board March 17, 2025 Re: MPB Realty (Popeyes & IHOP) Our File No. WRZ0153.V01 Planning Review #2 Page 5 S:\West Orange\Zoning Board\VWRZ0153.01 - MPB Realty, LLC\24-03-17 MPB Realty - Planning Review 2.docx B-2 Zone Bulk Requirements Required Proposed Variance Minimum Lot Area 10,000 s.f. 1.07 acres No Minimum Front Yard 30 feet 55.6 feet No Minimum Side Yard 25 feet 76 feet (st) 89.3 feet (st No Minimum Rear Yard 30 feet 46.6 feet No Maximum Building Coverage 40% 13.5% Maximum Impervious Coverage 60% 75.7% Yes Maximum Building Height 2.5 story / 35 feet 23 feet No Parking & Loading Restaurants require off-street parking at a minimum ratio of 1 space per 3 seats, or 1 space per 45 s.f. of space devoted to patron use, whichever is greater. • IHOP o 88 seats / 3 = 30 spaces required; or o 1,506 s.f. / 45 = 34 spaces required • Popeyes o 18 seats / 3 = 6 spaces required; or o 664 s.f. / 45 = 15 space required • 49 total parking spaces are required. • 50 parking stalls are proposed + one space as EV charging space credit = 51 parking stalls Signage One façade sign per business is permitted, with a maximum sign area of 120 square feet. • IHOP – 4 façade signs proposed, with a total area of 94.2 square feet. • Popeye’s – 4 façade signs proposed, with a total area of 139.1 square feet.

West Orange Zoning Board March 17, 2025 Re: MPB Realty (Popeyes & IHOP) Our File No. WRZ0153.V01 Planning Review #2 Page 6 S:\West Orange\Zoning Board\VWRZ0153.01 - MPB Realty, LLC\24-03-17 MPB Realty - Planning Review 2.docx One freestanding sign is permitted with a max height of 16 feet and a maximum sign area of 50 square feet. • One freestanding sign is proposed, at a height of 16 feet and sign area of 50 s.f. 4. Variances & Waivers Required It appears that the following conditions are not in compliance with the Township’s land development regulations and may require variance or design waiver relief from the Board to permit the project as proposed: Variances: a. §25-24.2.b.2(i) Conditional Use – The following conditional use standards are not met. These are d-3 conditional use variances: 1) The Popeyes will be located within 500 feet of the lot that contains another fast food restaurant. 2) The Popeyes will be located within 1,000 feet of a residential district. 3) The Popeyes has less than 200 feet of frontage on a corner lot. 4) An entrance driveway will be located less than 100 feet from an intersection. b. §25-Attachment 3 Impervious Cover – The maximum permitted impervious cover of 60% will be exceeded. 75.7% is proposed. c. §25-8.1.a Accessory Uses – No accessory structures or uses are permitted in a front or side yard, where the parking lot is proposed within the front yard. d. §25-8.1.b Accessory Structures – Accessory structures are required to be setback a minimum of 10 feet from any property line, where the garbage dumpster will be 9.4 feet from the rear property line. The garbage dumpsters are now proposed to be 14 feet from the eastern property line and 28.9 feet from the southern property line. e. §25-11.3.a Buffer – A buffer of at least 50 feet in width is required where a non-residential use abuts a residential use in a residential district. A buffer of 8.8 feet is proposed along the southern boundary line. However, it is not clear whether or not this applies, as it appears that the two residential properties immediately to the south are also located in the B-2 district and not in a residential district.

West Orange Zoning Board March 17, 2025 Re: MPB Realty (Popeyes & IHOP) Our File No. WRZ0153.V01 Planning Review #2 Page 7 S:\West Orange\Zoning Board\VWRZ0153.01 - MPB Realty, LLC\24-03-17 MPB Realty - Planning Review 2.docx f. §25-12.1.b Curbing in Parking Lot – Parking lots are required to be enclosed by a concrete curb and be a minimum of 5 feet away from any building walls, where the drive- thru curb will be directly adjacent to the building. g. §25-12.1.l Parking in Front Yard – Parking is not permitted in a front yard. h. §25-12.3.a.2 Loading – At least one off-street loading space is required, where no designated loading space is provided. i. §25-14.3 Lighting – A minimum of 2.0 footcandles is required to be maintained in parking areas, where lighting levels will be as low as 0.6 footcandles in portions of the parking lot. j. §25-15.3.C.2.b Signage – One façade sign per business is permitted, where 8 façade signs are proposed, 4 for each business. k. §25-15.3.C.2.b Signage – The maximum permitted sign area for façade signs is 120 s.f., per business, where 139.0 s.f. of façade signage is proposed for the Popeye’s. l. §25-27.8.g Tree Replacement – With the removal of trees on site, a minimum of either 109 2” caliper trees or 49 2.5” caliper trees is required as replacement trees. 53 total new trees are proposed on site. 5. Master Plan Considerations The Township’s Master Plan was last updated in 2019. The following goals, objectives, and recommendations from the Master Plan may have relevance to this application: • 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.