Planning Report 021726 resubmissionrcd 2 26 2026

7 auto-related services in a location designed to accommodate such activity, thereby furthering the intent of this purpose. • Purpose i. To promote a desirable visual environment through creative development techniques and good civic design and arrangement; o The applicant is proposing to improve the sites visual character through a combination of thoughtful site upgrades and architectural enhancements. These improvements include re-paving, re-curbing, re-striping the parking and circulation areas to establish a more organized and coordinated layout. A newly constructed visually appealing building will replace the existing structure. To further promote an aesthetically pleasing environment, the applicant also proposes new landscaping throughout the property, including along the site’s frontage, and property lines, which will help soften the built form, and enhance streetscape appeal. • Purpose m. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land; o The applicant is proposing to reutilize a previously developed site, thereby capitalizing on existing infrastructure and utilities. This approach minimizes the need for new public investment, reduces development costs, and promotes a more efficient use of land. Reconciliation of Omission Motor Vehicle Service Facilities are permitted only in the Townships I Industrial District, along with other high intensity uses such as light industry, including dry cleaning plants, machine shops, publishing or printing plants, research laboratories, and steam laundries; and storage yards. The I district is limited to a few small sections of the Township, along the municipal boundary of West Orange and Orange Township. Given the modern evolution of automotive service facilities, as many of which now resemble traditional retail uses in appearance, operation, and customer experience, the restriction of such uses solely to industrial areas appears outdated. Today’s facilities are designed to be clean, efficient, and visually compatible with surrounding commercial development. Additionally, the proposed

8 location’s proximity to major highway corridors supports accessibility and regional demand. Negative Criteria The Board may not exercise its power to grant a variance unless the so called “negative criteria”, showing that such variance can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance, has been satisfied. The granting of the requested variances for the proposed automotive service facility will not result in a substantial detriment to the public good, nor will it impair the intent and purpose of the zone plan or zoning ordinance. The proposed use will provide an essential service by supporting the routine maintenance and upkeep of residents’ personal vehicles, thereby promoting public safety and vehicle reliability. As mentioned earlier, there is an inherent need for this type of use, as one in close proximity closed due to redevelopment of the shopping center it was located in. In addition, the facility may offer convenient repair services for travelers passing through the area, serving as a valuable resource in the event of unexpected vehicle issues. The proposed automotive use is both compatible with and complementary to the surrounding commercial context, aligning well with the character and function of the area. Additionally, the use aligns with many of the following goals, objectives, principles and recommendations as stated within the Townships Master Plan Reexamination Report adopted in December of 2019: • Provide sufficient space for balanced growth and development; • Encourage economic development and redevelopment that is compatible with the suburban character of the Township; • Maintain the appropriate scale of the community. C-2 Benefits vs. Detriments Variance Justification As the applicant proposes an impervious surface coverage of 63.3% (20,335 SF), where a maximum of 60% (19,270 SF) is permitted, the applicant seeks variance relief pursuant to N.J.S.A N.J.S.A. 40:55D-70c(2). When considering the balance test, in Pullen v. Tp. Of South Plainfield Plan. Bd. 291 N.J. Super. 303 (Law Div. 1995) courts have determined that the board should consider the benefits of the entire application when weighing against the detriments. We find that the benefits of the project as a whole substantially outweigh any detriments for the following reasons:

9 Positive Criteria Advancement of the Purposes of the Municipal Land Use Law Similarly as mentioned above; • Purpose c. To provide adequate light, air and 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; • 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; • Purpose i. To promote a desirable visual environment through creative development techniques and good civic design and arrangement; • Purpose m. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land; Excessive Impervious Surface It is the implied intent of an impervious surface maximum to control excessive runoff of stormwater to adjacent properties and roadway networks. The maximum permitted impervious surface coverage in the B-2 zone is 60% or 19,270 SF, whereas the applicant proposes an impervious coverage of 63.3% 20,335 SF, which is an overage of 1,065 square feet. This slight exceedance will not result in a substantial detriment to the public good or negatively impact surrounding properties. To mitigate any potential impact, the applicant proposes stormwater management improvements to capture, and gradually release runoff generated by the additional impervious coverage. It is also worth noting that the I-Industrial Zone permits a maximum lot coverage of 75%, reflecting that the Township, in certain zones, has established standards accommodating higher impervious coverage where operational demands justify it. While the subject property is located in the B-2 Zone, the proposed lot coverage of 63.3% remains well below that benchmark, underscoring that the deviation is modest when viewed in the broader context of the Township’s zoning framework.

10 Below Minimum Number of Required Parking Spaces It is the implied intent of minimum parking requirements to ensure adequate on- site accommodation for employees, customers, and operational needs, thereby minimizing overflow parking on adjacent properties or public streets. The Township requires 25 parking spaces for the proposed use, based on a calculation of 5 standard spaces, 2 spaces per service bay (7 bays= 14 spaces), and 1 space per 200 square feet of retail area (1,142 SF / 200 SF = 5.71 spaces). In total, the required parking demand equates to 24.71 spaces rounded up to 25 spaces. The applicant proposes to provide 22 parking spaces on-site, representing a de minimis shortfall of 3 spaces. This reduction will not result in a substantial detriment to the public good or negatively affect surrounding properties, as the number of parking spaces can meet the operational needs of the proposed use without overburdening the site or adjacent infrastructure. Importantly, the de minimis reduction in the number of parking spaces also results in less overall impervious surface coverage, which is beneficial from a stormwater management standpoint. Fewer paved areas allow for improved on-site drainage, reduced stormwater runoff, and increased opportunity for landscaping and pervious surfaces. Additionally, as documented in the Traffic Impact Study prepared by Dynamic Traffic Engineering, dated July 21, 2025 and last revised February 12, 2026, the Institute of Transportation Engineers (ITE) Parking Generation Manual, 6th Edition, identifies a typical peak parking demand of 1.66 spaces per employee for Land Use Code (LUC) 848. Based on a maximum on-site staffing level of 10 employees per shift, the projected peak parking demand for the Project is approximately 17 parking spaces. The site plan, as proposed, provides parking in excess of this anticipated demand. Drive Aisle Side Yard Setback As per §25-12.4.A.2 “an access drive to an off-street parking area or truck-loading space may be located within a required side yard, but shall not be located within five feet of a side lot line”. The site has an existing access drive that is located 0 feet from the side lot line, and it provides access to the site along Blueberry Bend. The existing condition will remain unchanged, and the proposed site improvements will not exacerbate the existing nonconformity or negatively

, and it provides access to the site along Blueberry Bend. The existing condition will remain unchanged, and the proposed site improvements will not exacerbate the existing nonconformity or negatively impact the adjacent property. Minimum Parking Illumination As per §25-14.3, parking areas in the B-2 zone are required to maintain a minimum illumination level of 2.0 foot-candles. The applicant is proposing lighting levels that fall below this threshold in limited areas of the site, with the lowest recorded level

11 being 0.7 foot-candles at the northwestern-most parking space. This condition results from the natural dispersion of light as it extends farther from the source. Despite this localized reduction, the parking area as a whole will remain well lit, and the proposed lighting design ensures safe and adequate visibility throughout the site during nighttime hours. Moreover, existing off-site lighting along adjacent roadways will further enhance visibility in these peripheral areas. Given the overall effectiveness of the lighting plan and the minimal nature of the deviation, the proposed illumination levels will not compromise safety or functionality of the parking area. VIII. Conclusion Based on the above information, the granting of the variances will have no substantial detrimental impact to the public good, surrounding properties, or the neighborhood. The project advances several purposes of the Municipal Land Use Law, aligns with the Township’s planning goals as stated within the 2019 Master Plan Reexamination report. The applicant offers a use that is both compatible with and beneficial to the surrounding commercial context. The site’s strategic location, ample size, and access to major transportation corridors make it particularly suited for the proposed automotive service facility. Moreover, modern design standards and site improvements will enhance the visual character of the property, while proposed stormwater management measures will address any minor deviations from zoning requirements. Overall, the proposed development represents a logical, thoughtful reuse of a commercial property that contributes to the public good without impairing the intent and purpose of the Township’s zone plan and zoning ordinance.