2025 02 05_Planning Report

PLANNING REPORT PROPOSED HORSE TRAINING FACILITY EXPANSION FEBRUARY 5, 2025 2 is the zoning purpose that most clearly amplifies the meaning of “special reasons” as the project advances one or more of the Purposes of the Municipal Land Use Law. An applicant for expansion of a pre-existing nonconforming use variance need not show that a variance would have been granted to create the use in the first instance. This is the so-called positive criteria of a d(2) variance. In the case of the proposed application, the following special reasons supports the special reasons criteria for a d(2) variance: Special Reasons Criteria: The proposed project aligns with the Township’s 2019 Master Plan Reexamination, which recommended rezoning the property to the R-1 district to better align it with other recreational and open space facilities permitted in this district. The Master Plan recognized this property as a unique resource within West Orange and recommended that the use remain. The proposed expansion of the outdoor riding arena provides sufficient space in an appropriate location for recreational uses and open space, which aligns with purposes “c,” and “g” of the MLUL. The site’s rehabilitation, including landscaping improvements and the refurbishment of the riding arena with new sand and fencing, aligns with purpose “i” of the MLUL by promoting a desirable visual environment through good civic design and arrangement. Additionally, a total of 144 trees are planned with the proposed project to enhance buffering between adjacent properties, aligning with purpose “a” of the MLUL which promotes the general welfare. These improvements will ultimately enhance the aesthetics of the site, ensuring that it harmonizes with the surrounding neighborhood and contributes to a visually appealing and cohesive environment. The R-1 zone conditionally permits commercial recreational uses in this district, which could have a greater impact than the proposed private expansion, as such uses may be open to the public and lead to more traffic, noise, and other disturbances. While the project includes expanding a nonconforming use, the proposed improvements - including the reduction in building and lot coverage, fencing, and landscaping - reflects a reduction on the impact to neighboring permitted uses. C Variance Relief Justification The board has the power to grant “C” variance relief based

nd lot coverage, fencing, and landscaping - reflects a reduction on the impact to neighboring permitted uses. C Variance Relief Justification The board has the power to grant “C” variance relief based on “hardship” criteria pursuant to N.J.S.A. 40:55D-70c(1) or based on “flexible” criteria pursuant to N.J.S.A. 40:55D-70c(2). All “C” variance relief associated with this application can be granted under the “C(2)” “benefits vs. detriments” criteria. We find that the benefits of the project as a whole substantially outweigh any detriments for the following reasons: 1. § 25 Attachment 3: Maximum Lot Coverage – The maximum permitted lot coverage is 30%, whereas 36% is proposed. Under existing conditions, 40.28% of the lot is covered with impervious surfaces. Per the zoning ordinance definition, lot coverage is the percentage of a lot that is covered or occupied by buildings, including parking areas and any impervious surface. The reduction of approximately 6,430 SF of impervious surfaces on the property represents a substantial improvement over existing conditions. As a result of the proposed expansion of the outdoor riding arena, the existing asphalt parking lot is decreasing in size, bringing the site closer to compliance with the zoning ordinance. Landscaping improvements are proposed throughout the site and being maintained along the property lines. The relief for maximum lot coverage is subsumed within the d(2) expansion of a nonconforming use variance as the bulk requirements for the R-1 Zone do not account for the development feasibility of the existing use. 2. § 25 Attachment 3: Maximum Building Coverage – The maximum permitted building coverage is 20%, whereas 24.73% is proposed. Under existing conditions, the site has a total building coverage of 25.38% which is an existing non- conformity. The demolition of the existing two-story building on the northwestern portion of the lot enables the site to move closer into compliance with the zoning ordinance. The proposed project does not include the development of any new buildings and therefore the site is not being intensified by a building addition