26 04 07 MPB Realty Planning Review 7

PAGE | 2 H:\Legacy\Howell-FS1\SEC\West Orange\Zoning Board\115.WRZ0153.V01 - MPB Realty LLC\26-04-02 MPB Realty - Planning Review 7.docx Based on this new information, below is a revised list of the variances and design waivers that are required of the application as proposed: 1. Variances & Waivers Required a. §25-24.2.b.2(i) Conditional Use – The following conditional use standards are not met. These are d-3 conditional use variances: i. The Popeyes fast food restaurant will be located within 500 feet of a lot that contains another fast food restaurant. ii. The Popeyes fast food restaurant will be located within 1,000 feet of a residential district. iii. The Popeyes fast food restaurant has less than 200 feet of frontage on a corner lot. iv. 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. 75.0% 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. §25-12.1.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. e. §25-12.1.l Parking in Front Yard – Parking is not permitted in a front yard, where off- street parking is proposed in both frontages of the site. f. §25-12.3.a.2 Loading – At least one off-street loading space is required, where no designated loading space is provided. g. §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. h. §25-15.3.C.2.b Signage – One façade sign per business is permitted, where 8 façade signs are proposed, 4 for each business. i. §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. j. §28-4.e(1) Tree Canopy – Each application for development shall preserve at least 50% of the tree canopy, where the majority of the existing trees on the site will be removed.