470 Eagle Rock Planning Report 1 9 26

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT Rev. January 09, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 2 of 12 property that include 1 EV parking space, signage for both restaurants, as well as landscaping along Eagle Rock Avenue, Rosney Terrace, and at the rear of the property. III. CONDITIONAL USE Per §25-24.2.b.2(i), the B-2 District permits fast food restaurants as a conditional use subject to the following; 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 conditional use, have been satisfied. • A site plan of the proposed project from an NJ licensed engineer is submitted to the Zoning Board. Project 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. • The Township Zoning Code designates fast-food restaurant as the following: “FAST FOOD RESTAURANT Shall mean the retail sale of ready-to-eat foods and beverages for on and/or off premises consumption, whenever the foods and beverages are available upon a short waiting time, and orders are placed by the customer at a counter, and primarily served in or on disposable wrappers, containers or plates, and where there is a seating capacity of more than 15 individuals. This does not include restaurants which have "take-out" as accessory to a traditional restaurant.” • The driveway on the subject property serving the fast-food use is located approximately 360 feet from the driveway to a shopping center housing a Jersey Mike’s Subs and Chipotle, which appear to qualify as fast-food restaurants per the Zoning Code’s definition. It should be noted that neither of these establishments have a drive-thru window. Project does not meet the condition. 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 • The subject property and the proposed fast-food use abuts the R-6 residential zone to the south (rear property line) and

shall be located within 1,000 feet of any residential district boundary line • The subject property and the proposed fast-food use abuts the R-6 residential zone to the south (rear property line) and the west (fronting Rosney Terrace). The properties to the north and east of the subject property are located within the B-2 and P-C zones. Project does not meet the condition.