Planning Report 072225 submission

CONSULTING REPORT Block 105, Lot 64.01 460 Prospect Avenue Township of West Orange County of Essex Prepared for: Mavis Tire Supply, LLC Prepared by: Cofone Consulting Group 52 Reckless Place Red Bank, New Jersey 07701 July 22, 2025 ______________________________ Christine A. Nazzaro-Cofone, AICP, PP New Jersey Professional Planner License #5517

Table Of Contents I. Introduction 1 II. Site Description 1 III. Character of Surrounding Area 2 IV. Proposed Development 3 V. Planning and Zoning Analysis 3 VI. Relief Required 3 VII. Justifications for Relief 4 VIII. Conclusion 11

1 I. Introduction The purpose of this report is to assess whether the proposed development would result in a substantial detrimental impact on the public good or the surrounding neighborhood. This analysis considers the potential effects of the project on the character, and general welfare of the area, as well as its consistency with existing planning principles, zoning regulations, and the municipal land use law. The findings presented herein are intended to provide a clear basis for evaluating the appropriateness of the proposed development within its local context. II. Site Description The property located at 460 Prospect Avenue, formally referred to as Block 105, Lot 64.01 is an approximate 32,118 square-foot (.74 acre) property with approximately 165 feet of frontage along Prospect Avenue. The property is located within the Townships “B-2 General Business” zoning district. Physical Characteristics The property is currently developed with a two-story office building and a surface parking area. Access to the site is granted via an ingress/egress driveway along Prospect Avenue, as well as Blueberry Bend, a private road that provides access to the adjacent property – Block 84.01, Lot 63, a commercial property – to the south. The property is improved with sidewalks, curbing, a striped surface parking area, landscaping, signage, decorative landscape walls, and utility infrastructure. OVERALL SITE AREA AERIAL IMAGERY (2024) SOURCE: GOOGLE EARTH AERIAL IMAGERY DATED OCTOBER 2024 PROPERTY BOUNDARIES ARE APPROXIMATE

2 SITE ZONING DESIGNATION (2020) III. Character of Surrounding Area The property is located along Prospect Avenue (County Route 577), approximately 2,200 feet south of the Interstate 280 entrance and exit, offering convenient regional access. Immediately northeast of the site is the Essex Green Shopping Center, a major retail hub featuring a range of regional and big-box commercial tenants, including PetCo, Panera Bread, Mattress Warehouse, AMC Theatres, TGI Fridays, and ShopRite. The surrounding zoning and land use patterns are as follows: • North: B-2 General Business Zone and PURD Planned Unit Residential Development – the B-2 zone is characterized by commercial and retail uses, and the Planned Unit Residential Development zone is characterized as a medium density residential townhome development; • West: P-C Planned Commercial and O-R Office Research – consisting primarily of regional, big-box, and local retailers, restaurants, and office uses; • South: B-2 General Business zone and R-1 Single Family Residential – the B-2 zone is characterized by commercial and retail uses, and the R-1 zone is characterized by low density single-family residential development; SOURCE: TOWNSHIP OF WEST ORANGE ZONING MAP, DATED 2020 https://westorange.org/DocumentCenter/View/2073/Zoning-Map---Township-of-West-Orange?bidId=

3 • East: URD Planned Unit Residential Development – Planned Unit Residential Development zone is characterized as a medium density residential townhome development. As previously mentioned, the property has direct frontage along Route 577 (Prospect Avenue), a major north-south corridor in West Orange. Route 577 provides direct connections to Interstate 280, County Route 508, and New Jersey Route 10. From these connections, additional access is available to County Route 636 and other key regional roadways, facilitating convenient travel within West Orange and to neighboring municipalities. This strategic location enhances the site’s accessibility for residents, employees, visitors, and commercial traffic throughout the region. IV. Proposed Development Mavis Tire Supply, LLC (hereinafter “the Applicant”), is proposing to demolish the existing structure on the site to accommodate an approximately 7,700 SF retail and automotive service facility, inclusive of an approximately 900 SF sales retail area and 8 service bays. The proposed facility will offer the sale of tires and similar automotive products, as well as light vehicle maintenance services, including oil changes; tire replacements and repair; battery replacement and installation; and brake services. This location is intended to replace an existing Mavis Tire facility in close proximity that is scheduled to close, thereby allowing the business to continue serving the surrounding community without interruption. Additional improvements to the site include a surface parking area containing 19 delineated parking spaces inclusive of one ADA space, stormwater management infrastructure, signage, lighting, and landscaping. The site will be restricted to “right in / right out” along Prospect Avenue. V. Planning and Zoning Analysis The property is located within the Townships B-2 General Business Zone. The General Business Zone principally permits the following uses: Retail store; Personal service store or studio; Office or office building; Business or vocational school; Restaurant; Bar; Massage, bodywork or somatic therapy establishment; Fitness center/health club. The Township does not expressly permit automotive service facilities within the B-2 General Business Zone. VI. Relief Required As the Township does not expressly permit automotive service facilities within the B-2 zone, the proposed application requires

vice facilities within the B-2 General Business Zone. VI. Relief Required As the Township does not expressly permit automotive service facilities within the B-2 zone, the proposed application requires D-1 use variance relief to grant the approval of

4 the facility. Additionally, the application requires C-2 variance relief due to impervious coverage, and for not meeting the minimum required parking spaces for a motor vehicle service station. It is also important to acknowledge a pre-existing non conformity for the drive aisle setback, and a design waiver from parking area illumination requirements. • The Township does not permit automotive service facilities within the B-2 zone, whereas the applicant proposes an automotive service facility. • The maximum permitted impervious coverage for the B-2 zone is 60% (19,270 SF), whereas the applicant proposes an impervious coverage of 64.7% (20,770 SF). • The Township requires 5 parking spaces, plus 2 for each service bay and 1 for each 200 square feet of gross floor area of retail space for motor vehicle fueling station or motor vehicle service station, for a total of 26 parking spaces (5 spaces + 2 spaces * 8 loading bays = 21, plus 900 SF of retail space / 200 SF of retail space = 4.5 spaces. 21 spaces plus 4.5 spaces = 25.5 spaces rounded up to 26. Whereas, the applicant proposes 19 total parking spaces. • The minimum drive aisle side yard setback required is 5 feet, whereas the drive aisle setback that is existing on site is 0 FT, therefore this is a pre-existing non- conformity. • The minimum illumination level for parking areas shall be 2.0 footcandles, whereas, the applicant proposes a minimum footcandle of less than 2.0 in some areas throughout the parking spaces. VII. Justifications for Relief The Zoning Board of Adjustment has the particular power to grant a D-1 use variance pursuant to N.J.S.A. 40:55D-70(d)(1), to permit a use that is not already permitted within a specific zone in “particular cases and for special reasons". These “special reasons” form the basis of the positive criteria, typically advancing one or more purposes of the Municipal Land Use Law (MLUL). Under the standard established in Medici v. BPR Co., 107 N.J. 1 (1987), the applicant must demonstrate that the proposed use promotes the general welfare by advancing one or more of the purposes of the MLUL, and that the property is particularly suited for the proposed use. Given that the use is not permitted by the ordinance, the applicant must also reconcile the ordinance’s omission of the use either by offering insight into why the governing body may not have contemplated or

hat the use is not permitted by the ordinance, the applicant must also reconcile the ordinance’s omission of the use either by offering insight into why the governing body may not have contemplated or permitted such a use in the zone, or by explaining how the proposed use is appropriate given the site-specific context and planning objectives. In addition to the positive criteria, the applicant must satisfy the negative criteria, showing that the variance can be granted without substantial detriment to the public good and without substantially impairing the

5 intent and purpose of the master plan and zoning ordinance, as also articulated in the Medici case. Additionally, the Board has the power to grant C-2 “flexible” variance relief or “benefits vs. detriments” pursuant to N.J.S.A. 40:55D-70c(2) where the purposes of the Municipal Land Use Law (MLUL) would be advanced by a deviation from the zoning ordinance, and the benefits of the deviation would substantially outweigh any resulting detriment. Similarly to a D-1 use variance, no variance should be granted if it will present a substantial detriment to the public good, or if it will impair the intent and purpose of the zone plan and zoning ordinance. D-1 Use Variance Justification As the proposed automotive service facility is not a permitted use within the zone, D-1 use variance approval is sought. Positive Criteria Particular Site Suitability The project site is particularly suited to accommodate the proposed automotive service facility. The site is approximately 32,118 SF whereas the minimum lot area within the B-2 zone is 10,000 SF. Therefore, the Applicant’s site is more than three times larger than the required site size, providing ample space on the site to comply with building setbacks, buffering, and site circulation. Additionally, the sites particular location adds to the suitability. The site is located at the confluence of several major thoroughfares including County Routes and State Highways. This prime location makes it well-suited for an automotive service facility, offering convenient access for local residents, regional customers, and travelers passing through the area. Furthermore, it should be noted that this proposed facility is intended to replace an existing Mavis Tire location that is closing, therefore there is an inherent need within the community, ensuring the continuity of service within the same market area. Advancement of the Purposes of the Municipal Land Use Law (MLUL) The proposed use advances many of the purposes of the MLUL, including but not limited to the following: • Purpose c. To provide adequate light, air and open space; o The applicant proposes a site layout that complies with all front, rear, and side yard setback requirements, as well as buffer requirements. Therefore, the buildings on the site will

6 not impede on any air, light, or open space available to neighboring properties. The proposed building is compliant with height requirements within the zone, and is similar in scale and massing to surrounding buildings, therefore, there will be no harsh shadows impeding on neighboring properties as a result of permitting this principal structure and use. Additionally, the applicant also proposes landscaping throughout the site and along the site’s property lines where it can be accommodated, therefore, the site will have a general overall appearance of more open space. • Purpose g. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens; o The applicant proposes a use that is not only compatible with the existing commercial character of the surrounding area, but also ideally suited to the site’s strategic location near the intersection of multiple major transportation corridors, including local, county, and state highways. The proximity to these thoroughfares ensures accessibility and visibility, making the proposed automotive service facility an efficient and appropriate use that serves both local residents and regional travelers, while advancing the goal of placing commercial uses in locations that best support their function and demand. • Purpose h. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight; o As previously mentioned, the applicant proposes a use that is appropriately situated near major transportation corridors, including local, county, and state highways, allowing for efficient vehicular access and circulation. The location capitalizes on existing infrastructure to support the intended automotive service use without introducing adverse traffic impacts or contributing to congestion. Rather, the project promotes the orderly movement of vehicles by centralizing