PB 25 12 Application

eezers, restrooms, and sales kiosks. The second floor will consist of storage area which will be serviced by the proposed off-street loading area which ramps upward from Erwin Place. Additionally, the refuse area is proposed to be located within the terrace area of the building to the rear of the proposed loading area along the second floor, and the Applicant will handle the pickup/disposal of refuse. Access within the proposed supermarket is proposed to be facilitated via both a stairwell and service elevator. The roof of the proposed supermarket will be comprised of a screened mechanical area, solar panel arrays to be installed in the future, and skylights to facilitate access to light within the supermarket. The perimeter of the roof will be generally enclosed by a 3.5-foot-tall railing as a safety mechanism for workers. The proposed supermarket will feature a modern architectural appearance, consisting of significant fenestration along with zinc paneling and aluminum storefront windows. The Main Street elevation will serve as the primary façade, inclusive of both an identifying “Leon Marketplace” wall sign and a smaller canopy sign above the main entrance to the building. 2

PROFESSIONAL PLANNER’S REPORT 262 Main Street Realty, LLC & 270 Main Street Realty, LLC 262-270 Main Street / Block 114, Lots 50 & 55 Township of West Orange, Essex County, New Jersey ZONING COMPLIANCE The subject property is located within the Township’s B-1 Retail Business Zone District as well as the Central Business District overlay (CBD), where a number of nonresidential uses are permitted including retail stores, with required accessory parking and signage, as proposed. The Applicant is requesting bulk “c” variance relief to permit several minor deviations from the bulk regulations of the B-1 District & CBD, relating to required off-street parking and loading areas and lot coverage. The overall zoning compliance of the proposed development is depicted in the table below. Further testimony will be provided at the public hearing on the matter. ZONING TABLE: BLOCK 114, LOTS 50 & 55 IN THE B-1 DISTRICT STANDARD REQUIREMENT EXISTING PROPOSED Min. Lot Area (sq. ft.) No minimum 30,218 No change Main St – 210.41 Min. Lot Width (ft.) No minimum Erwin Pl – 162.47 No change Prospect Pl - 24 Min. Front Setback – No minimum 0.2 0 Main St (ft.) Min. Side Front Setback – Erwin Pl (ft.) None required 47.6 0 Min. Side Front Setback – Prospect Pl (ft.) None required 98.7 122.1 Min. Rear Setback (ft.) 30 2.9 (ENC) 2.9 (NC) Max. Bldg. Height (stories/ft.) 2.5/35 1/18.3 2/25 Max. Bldg. Coverage 60% 36.6% 46.1% Max. Lot Coverage 75% 99% (ENC) 97% (V) (ENC) = Existing Nonconformity (NC) = No Change (V) = Variance Zoning compliance with respect to off-street

75% 99% (ENC) 97% (V) (ENC) = Existing Nonconformity (NC) = No Change (V) = Variance Zoning compliance with respect to off-street parking and loading is provided below: • 62 off-street parking spaces are required, whereas 46 off-street parking spaces are proposed, along with 5 EV space credits for a total of 51 off-street parking spaces, as permitted by State Law (up to a 10 percent reduction of the provided 46 spaces, which rounds up to 5 EV space credits). The applicant also proposes to provide 10 on-street parking spaces for the development, resulting in a total of 61 proposed parking spaces. Bulk “c” variance relief is required. The required parking calculation was made pursuant to §25-12.2b(5), which stipulates that nonresidential uses in the B-1 Zone which lie within the Central Business District do not require parking spaces for the first 1,000 square feet of gross floor area, after which 1 parking space is required for every 300 square feet of gross floor area above 1,000 square feet. The gross floor area of the building is 19,744 square feet (13,934 square feet of ground floor retail and 5,810 square feet of storage area on the second floor). As such, the required number of parking spaces is 19,744 square feet minus 1,000 square 3

PROFESSIONAL PLANNER’S REPORT 262 Main Street Realty, LLC & 270 Main Street Realty, LLC 262-270 Main Street / Block 114, Lots 50 & 55 Township of West Orange, Essex County, New Jersey feet, which is then divided by 1 parking space required for each 300 square feet, for a total of 62 required spaces. • 2 off-street loading spaces are required (1 for the first 9,999 gross floor area and 1 additional space for each additional 10,000 square feet or part thereof), whereas 1 permanent off-street loading space and 1 temporary on-street loading space are provided. Bulk “c” variance relief is required. PLANNING PROOFS FOR BULK “c” VARIANCES In order to grant a “c” variance, the Board must find that there is either (1) undue hardship or practical difficulty associated with the strict application of the requirements of the zoning ordinance in connection with this specific piece of property; or that (2) one or more purposes of zoning would be advanced by the deviation and the benefits of granting the variances for this specific piece of property would substantially outweigh any detriment. The requested bulk variances can be justified as follows: • §25-7.1: The maximum permitted lot coverage is 75%, whereas 97% is proposed. • §25-12.2b(1): The required number of off-street parking spaces is 62, whereas 46 off-street parking spaces and 5 EV space credits are proposed, for a total of 51 proposed off-street parking spaces. • §25-12.3a(1): The required number of off-street loading spaces is 2, whereas 1 off-street loading space is proposed. Justification: The Applicant seeks to provide a state-of-the-art supermarket complete with a host of produce offerings providing a use that is currently not present within the surrounding neighborhood context. Existing grocery stores in the neighborhood are generally characterized by small footprints which are more akin to a convenience store or bodega, rather than the full diversity of fresh produce options offered by a supermarket. The building footprint of the proposed supermarket is also not excessive and will be a reasonable middle ground

ull diversity of fresh produce options offered by a supermarket. The building footprint of the proposed supermarket is also not excessive and will be a reasonable middle ground between larger supermarkets and bodega-style retailers. For reference, within West Orange and the surrounding area, the existing ShopRite of Essex Green measures over 65,000 square feet, and the Super Supermarket in the City of Orange is roughly 21,300 square feet. The proposed supermarket size will be more appropriate for a main street environment. Furthermore, the proposed development will revitalize a portion of downtown which currently contains vacant commercial buildings. The proposed supermarket will contribute to the Township’s tax base and enhance the Main Street retail environment. The subject property is located within an already built-out portion of downtown West Orange along Main Street, where it is surrounded by other commercial or 4

PROFESSIONAL PLANNER’S REPORT 262 Main Street Realty, LLC & 270 Main Street Realty, LLC 262-270 Main Street / Block 114, Lots 50 & 55 Township of West Orange, Essex County, New Jersey residential properties. The overall area of the subject property is limited to just over 30,000 square feet, where the Applicant seeks to provide required off- street parking and loading areas in addition to the proposed supermarket. This makes it practically difficult to meet the required lot coverage. It should be noted that the Applicant is compliant with the permitted building height and building coverage, indicating that the development is appropriately sized and that the requested variance is still suitable within the surrounding land use context. Additionally, the Applicant will provide new rain gardens and shade trees to address the proposed excess coverage of the lot, which will not only improve stormwater management but also enhance the aesthetic appearance of the property which currently consists of predominantly paved surfaces. The Applicant will also provide rooftop solar facilities to make efficient use of space and promote sustainability, reducing energy usage and emissions for the community overall. Moreover, the proposed lot coverage of 97% will represent a minor improvement upon the existing condition of 99%. With respect to the requested variances for off-street parking and loading, it is not practically feasible to provide the required number of off-street parking spaces and loading areas. As referenced above, the Applicant already proposes 97% lot coverage and is constrained by the area of the lot. It is noted that the high number of required parking spaces is a result of accounting for storage space along the second level of the supermarket, as parking is calculated based on gross floor area, which the Township stipulates must account for all building areas on all levels. The proposed storage areas primarily serve to improve the operation and capacity of the supermarket, and do not impact parking demand. If only the proposed ground floor retail area were considered (13,934 square feet), the Applicant would be required to provide 43 spaces (utilizing the B-1 Zone Central Business District parking reduction outlined above) and would therefore

area were considered (13,934 square feet), the Applicant would be required to provide 43 spaces (utilizing the B-1 Zone Central Business District parking reduction outlined above) and would therefore exceed the requirement with the proposed 46 spaces and 5 EV space credits. The Applicant also proposes to have 10 on-street parking spaces serve the development, which can supplement the provided off-street parking spaces, thus providing an adequate overall parking supply for customers. In addition, the proposed off- street parking is compliant with the required number of ADA and EV parking spaces. The provided amount of surface parking will be sufficient for customers of the supermarket without providing an excess of surface parking, which could disrupt the surrounding mixed-use urban context. It should be further noted that the proposed 46 off-street parking spaces with 5 EV space credits would be an increase from the existing 42 spaces on site. Regarding loading areas, while the applicant is providing only 1 off-street loading space, a total of 2 loading spaces are proposed. Subject to Township Council approval, the proposed temporary loading space along Main Street will make an efficient use of curb space without impeding any required off-street 5

PROFESSIONAL PLANNER’S REPORT 262 Main Street Realty, LLC & 270 Main Street Realty, LLC 262-270 Main Street / Block 114, Lots 50 & 55 Township of West Orange, Essex County, New Jersey parking areas. The proposed temporary loading area is scheduled to be used between 7 AM and 11 AM during weekdays, which will not impact afternoon or evening peak hour shopping activities. As such, the provided off-street and temporary on-street loading areas will sufficiently serve the loading needs of the Applicant. The reduced provision of off-street loading areas will also enable the provision of a greater number of off-street parking spaces. The proposed development and requested variances will also further the following purposes of the Municipal Land Use Law: a. To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare. • Commercial development is appropriately proposed in Metropolitan Planning Area 1 of the State Plan Policy Map. The requested variances in sum will enable the provision of a reasonably sized modern supermarket with off-street parking areas for customers which will provide a use not found within the surrounding neighborhood, providing access to fresh and diverse produce offerings. b. To secure safety from fire, flood, panic and other natural and man-made disasters; • While the applicant is requesting a bulk “c” variance for excess impervious coverage, the proposed plan represents a decrease from existing conditions and will allow for new, modern stormwater management facilities and green infrastructure to reduce runoff and address growing flooding concerns at large. 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. • The requested variances for lot

nd open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens. • The requested variances for lot coverage and off-street parking and loading will enable the development of a reasonably sized supermarket which will fill a commercial gap in the surrounding neighborhood where there are currently no adequately sized supermarkets. Its location along Main Street will represent an appropriate addition to the retail environment. The excess lot coverage represents a decrease over existing conditions and will support the provision of adequate off-street commercial parking and loading areas for the Applicant. 6

PROFESSIONAL PLANNER’S REPORT 262 Main Street Realty, LLC & 270 Main Street Realty, LLC 262-270 Main Street / Block 114, Lots 50 & 55 Township of West Orange, Essex County, New Jersey i. To promote a desirable visual environment through creative development techniques and good civic design and arrangement. • The requested lot coverage variance will allow for infill development which results in continuous building frontage at the intersection of Erwin Place and Main Street. This is an appropriate design alternative in that the proposed development will accentuate and revitalize a corner lot to form a more appropriate built-out Main Street environment. The requested variances for deficient off-street parking and loading provide an appropriate balance between serving commercial and public consumer needs, while also avoiding additional curb cuts or expansive areas of surface parking along a walkable retail corridor. n. To promote utilization of renewable energy resources; • The requested variances will permit the creation of a supermarket building with sufficient roof space to accommodate the installation of multiple solar panels, thereby improving the energy efficiency of the property while reducing emissions for the community at large. NEGATIVE CRITERIA All variance applications are required to demonstrate that the negative criteria can be met. The negative criteria requires the Board to ensure that the requested variances would not cause substantial detriment to the public good or substantially impair the intent and purpose of the Master Plan and zoning ordinance of the Township of West Orange. In terms of the public good, granting of the requested variances would not result in substantial detriment to either the surrounding area or the Township as a whole, for the reasons stated above. The proposed development does not present excessive bulk or massing and will not impact adjacent properties, and will fit in with the Main Street retail environment. The proposed development presents a significant enhancement over existing conditions and a