MARK BELLMAWR, LLC - # RESOLUTION

Size: px

Start display at page:

Download "MARK BELLMAWR, LLC - # RESOLUTION"

Clyde Spencer
5 years ago
Views:

1 RESOLUTION OF FINDINGS AND CONCLUSIONS OF THE ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF BELLMAWR FOR USE VARIANCE, BULK VARIANCE AND PRELIMINARY AND FINAL MAJOR SITE PLAN APPROVAL MARK BELLMAWR, LLC - # RESOLUTION WHEREAS, Mark Bellmawr, LLC, has applied to the Zoning Board of Adjustment of the Borough of Bellmawr for Preliminary and Final Site Plan approval for property located at 12 South Black Horse Pike, known as Block 142, Lot 1 (the Property ), on the Official Tax Map of the Borough of Bellmawr, for the construction of a Royal Farms convenience store with gasoline dispensing pumps; and WHEREAS, the Property is located in the Residential A (RA), Residential B (RB) and Light Industrial (LI) Zoning Districts of the Borough, on the Black Horse Pike between Browning Road and Walnut Avenue; and WHEREAS, gasoline service stations are not permitted in the three Zoning Districts and the Applicant has applied for a variance pursuant to N.J.S.A. 40:55D-70(d)(1); and WHEREAS, the Applicant has also requested variances pursuant to N.J.S.A. 40:55D-70(c) as the signs proposed by the Applicant do not comply with the requirements of Bellmawr s Zoning Ordinance; and WHEREAS, the Application was deemed complete by the Board on July 19, 2016; and WHEREAS, a Public Hearing for the Application was held on July 19, 2016, after the required Notice was sent to all property owners within 200 feet of the Property and published in the Official Newspaper of the Borough, as required by the Municipal Land Use Law of the State of New Jersey; and WHEREAS, the following Exhibits were introduced by the Applicant at the July 19, 2016 Public Hearing: Page 1 of 13

2 A-1 Architectural elevations of the Royal Farms building and canopy; A-2 Color rendering of Site Plan; A-3 Existing Conditions Plan; and A-4 Sign Plan; and WHEREAS, the Zoning Board, after carefully considering the evidence presented by the Applicant in support of its application, and after the meeting was opened to the public for their response and input, has made the following findings of fact: 1. The Applicant is the owner of the Property located at 12 South Black Horse Pike in the RA, RB and LI Zoning Districts of the Borough. The Property is improved with a vacant building, most recently utilized as a Walgreens pharmacy, and site improvements. 2. The taxes on the subject property are current or exempt. 3. The Applicant has paid and/or posted all required fees. 4. Proper notice of the application for variance approval has been given, as based upon the list from the Tax Assessor's Office. 5. The Applicant has filed an Application for Preliminary and Final Major Site Plan approval to operate a Royal Farms convenience store with gasoline dispensing pumps on the Property. The Applicant is proposing a 5,371 square foot building for the convenience store, four (4) pump islands with sixteen (16) fueling stations, six (6) outdoor tables with four (4) seats each, canopy, façade and freestanding signs and site improvements. The existing building will be demolished. 6. The following variances are required for the Applicant s proposed development of the Property: a. Use variance approval for the sale of gasoline in conjunction with the convenience store, an otherwise permitted use; b. Bulk variance to permit two (2) freestanding signs, each with an area of square feet and a height of 25 feet; maximum sign area permitted is 25 square feet and maximum height permitted is 12 feet; c. Bulk variance to permit the setbacks for the freestanding signs to be 6 feet Page 2 of 13

3 and 10 feet; minimum setback required for freestanding signs is 20 feet; d. Bulk variance to permit two (2) Royal Farms signs on the canopy over the fuel dispensing islands, each square feet in area; attached signs are limited to the façade of a building; e. Bulk Variance to permit two (2) signs attached to the front façade of the building, a Royal Farms sign square feet in area and a World Famous Chicken & Fresh Kitchen sign square feet in area; one (1) attached sign is permitted. 7. The Applicant was represented at the July 19, 2016 Public Hearing by Robert Mintz, Esquire of Freeman & Mintz, PA. Testimony was provided by Samuel Renauro, David Shropshire, Tiffany Cuviello and Jeff Baimbridge. 8. Mr. Renauro testified as follows: a. He is a professional engineer licensed in the State of New Jersey and has been qualified to offer expert testimony in his area by land use boards in the State of New Jersey; b. The development of the Property is the redevelopment of a vacant site, a positive for the Borough; c. The design of the site will result in a decrease in the impervious coverage as it currently exists and an increase in the separation from the rear of the proposed building to the property line; d. More green space is proposed in comparison to the site as it currently exists; e. The height of the building complies with the ordinance requirement but the height inclusive of a decorative, unoccupied cupola increases the height to more than 35 feet; f. The site was designed utilizing the standards of the Light Industrial Zoning District; g. Non-fuel deliveries will normally be made by box-type delivery trucks, Page 3 of 13

4 scheduled for non-peak hours with fuel deliveries made by the normal 18 wheeled fuel trucks; h. Fifty (50) parking spaces are provided where thirty five (35) spaces would be required for the proposed uses, including interior and exterior seating; i. Fourteen (14) seats will be interior with the number of outside tables reduced to four (4); j. All proposed lighting complies with the requirements of the ordinance for cut off and foot candles at the property line; k. The stormwater management plan will be redesigned so that only the roof areas of the building and canopy will drain to the existing infiltration pipes, all other stormwater will comply with New Jersey Department of Environmental Protection requirements for gasoline service stations; l. The existing evergreen buffer located to the rear of the proposed building will be preserved unless the sight triangle is impeded and in such case only the portion of the buffer necessary to remove such impediment will be trimmed or removed; m. The site will utilize the existing Browning Road and Black Horse Pike driveways with a new Walnut Avenue driveway added; n. The Walnut Avenue driveway is located over 100 feet away from the nearby school property; o. The site will be serviced by public water and sewer; p. The sign package includes two (2) Royal Farms canopy signs, one on each of the short sides of the canopy; a Royal Farms signs on the building s front façade, a World Famous Chicken & Fresh Kitchen sign also on the front façade and two (2) freestanding Royal Farms signs with fuel pricing information; q. The freestanding sign located at the intersection of Browning Road and the Black Horse Pike is setback 6 feet from the street and the freestanding sign Page 4 of 13

5 located on the Black Horse Pike near its intersection with Walnut Avenue is setback 10 feet from the street; r. No signs are proposed for the sides or rear of the Royal Farms building; s. Because of three street frontages, the ordinance would permit the applicant to install additional signage on the building s facades; t. The proposed signs are sized appropriately for the size of the canopy and the façade of the building. 9. Mr. Shropshire testified as follows: a. He is the Applicant s traffic engineer, a professional engineer licensed in the State of New Jersey and has been qualified to give expert testimony in the area of traffic engineering by land use boards in the State of New Jersey; b. A permit will be required from the New Jersey Department of Transportation even though the existing Black Horse Pike driveway is unchanged and a letter of no interest will be generated that the proposed use will not generate a significant increase in traffic; c. Approximately 75% of the traffic accessing the site will be pass-by traffic, that is, traffic already on the roadways; d. The Walnut Avenue driveway is being added as a third driveway because the New Jersey Department of Transportation encourages alternate access points for sites along State roads; e. At peak times, approximately cars will utilize the Walnut Avenue driveway; f. It is not likely that cars will utilize the Walnut Avenue driveway and make a left hand turn onto the Black Horse Pike as the Browning Road driveway with its proximity to a lighted intersection would make a better alternative for traffic to make left turns onto the Black Horse Pike; g. It is a safer alternative to have the Walnut Avenue driveway as drivers wishing to utilize Walnut Avenue when exiting the site will not be required Page 5 of 13

6 to exit onto the Black Horse Pike Drive and then make an immediate right turn onto Walnut Avenue, which would otherwise increase the traffic onto the Black Horse Pike and the number of traffic movements to access Walnut Avenue; h. The parking demands for a convenience store with gasoline dispensing pumps is a minimum of 50 parking spaces; i. The 50 parking spaces complies with the ordinance requirements for the proposed uses of the Property. 10. Ms. Cuviello testified as follows: a. She is the Applicant s Professional Planner, licensed in the State of New Jersey and has been qualified by Land Use Boards in the State of New Jersey to provide expert testimony in her field; b. The Applicant s proposed use is permitted in other zoning districts in the Borough but not in the zones where the Property is situated; c. It is more common now that gasoline stations have convenience stores attached to their use rather than the service of automobiles; d. Uses that are permitted in the Light Industrial Zone, like supermarkets and automobile repair facilities, are more intense uses than the proposed uses; e. The Applicant s proposed development of the Property will create a more desired visual environment as the convenience store building is designed with stone and not block, has a cupola and peaked roof rather than a flat roof, and decorative street lighting is proposed to enhance the aesthetics of the site; f. The design of the site also eliminates vehicular traffic behind the Royal Farms building as it existed with the Walgreens site, which had traffic routed next to the adjacent residential uses; g. The proposed uses are particularly suited for the Property as the Black Horse Pike area through the Borough has significant traffic and is situated between exits of two (2) State highways, namely Route 295 and the New Jersey Page 6 of 13

7 Turnpike; h. The use variance can be granted without substantially impairing the zone plan and zoning ordinance as the design eliminates traffic behind the building, increase the distance between the building and the residential property lines to the rear of the building, increases the amount of green space on the site and meets the special regulations for gasoline stations identified in the Borough s ordinances; i. The freestanding signs are sized in area and height in order to provide proper visibility for traffic and are not located in the sight triangle areas; j. The façade signs are sized appropriately for the size of the building façade and canopies; complying with the ordinance would result in signs that would look out of place and detract from the aesthetics of the building; 11. Mr. Bainbridge testified as follows: a. He is the Applicant s Director of Real Estate and is familiar with the operations of a Royal Farms; b. A Royal Farms will receive deliveries from approximately 10 venders a week utilizing box type delivery trucks with deliveries scheduled for non-peak hours; c. Fuel will be delivered once a day, also scheduled for non-peak hours; d. Trash removal will also be scheduled for non-peak hours; e. The 50 parking spaces is sufficient for the Royal Farms uses on the site; f. The Royal Farms will create jobs with most employees being local with full time employees entitled to job benefits. 12. During the July 19, 2016 Public Hearing, the following members of the Public, testified: a. Mary Tanealian of 22 Walnut Street, who submitted as Exhibits P-1 and P-2, photographs of her property, who testified that: i. The Walnut Avenue driveway is located directly across form her Page 7 of 13

8 bedroom window and she will be subjected to the constant shining of headlights as cars exit the site onto Walnut Avenue; ii. Traffic is already a mess on Walnut Avenue, especially at the school drop off and pick up times, and more traffic on Walnut is not needed; iii. A rodent problem existed with the outside dumpster area for Walgreens and the proposed outdoor eating area will increase the rat problem; iv. A privacy fence is needed; and v. Noise levels will increase. b. David Cundiff of 100 South Black Horse Pike, who testified that: i. He is very familiar with the Walnut Avenue/Black Horse Pike intersection as his family has operated a business there for generations; ii. Traffic is a mess on Walnut Avenue and the driveway will only increase the traffic problem on Walnut; iii. Questions the need for the freestanding sign near Walnut Avenue and is concerned that his business sign will be obstructed by the freestanding sign. c. James Wayne of 19 Walnut Avenue testified as follows: i. His house is the first property next to the Royal Farms site; ii. The Walnut Avenue driveway is a bad spot as traffic is too fast; iii. There is a rat problem on the Property; iv. The existing wooden fence is falling down and not maintained; v. The area immediate next to his property is overgrown and a pigsty; vi. The dumpster needs to be relocated away from the residences. 13. The Board Engineer, Thomas E. Cundey, PE, CME and the Board Planner, George Stevenson, Jr., PP, AICP, reviewed their July 8, 2016 review letter and indicated that the Applicant has addressed a majority of the comments, any open item can be resolved and that the Applicant Page 8 of 13

9 provided the proofs for a use variance. 14. The Applicant, through the testimony of its witnesses and the representations of its attorney, agreed to comply with the review letter of the Board s Professionals and conditions of the Board to address comments made by the Public during the July 19, 2016 hearing. AND, WHEREAS, based upon the above factual findings, the Zoning Board has come to the following conclusions: 1. The Applicant has provided sufficient information in the form of plans, exhibits and testimony in order for the Board to make a decision on the Application submitted by the Applicant for Variances and Preliminary and Final Major Site Plan Approval. 2. This application relates to a specific piece of property and the purposes of the zoning laws of the State of New Jersey and of the zoning ordinance of the Borough of Bellmawr would be advanced by the deviation from the zoning ordinance requirements pertaining to the use of the Property and signage, as specified herein, as requested by the Applicant. 3. The benefits of the deviation from the zoning ordinance requirements specified herein would substantially outweigh any detriment to the public good as variance approval would promote the safety, health and general welfare of the community by developing the vacant Walgreens property as proposed by the Applicant. 4. Relief as requested by the Applicant 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 of the Borough of Bellmawr, as the Property is particularly suited for the use of a convenience store with gasoline dispensing pumps. 5. The inclusion of the proposed Walnut Avenue driveway is appropriate as there is a need for this driveway so traffic is not forced onto the Black Horse Pike in order to make a quick right turn onto Walnut Avenue, an increase in unnecessary and correctable traffic movements. NOW, THEREFORE, BE IT RESOLVED by the Zoning Board of the Borough of Bellmawr, on the 19 th day of July, 2016, that this Board grants to the Applicant the following: (i) A variance pursuant to N.J.S.A. 40:55D-70(d)(1) to permit the sale of gasoline in conjunction with a Royal Farms convenience store; Page 9 of 13

10 (ii) Variances pursuant to N.J.S.A. 40:55D-70(c) to permit a sign package that includes: a. Two (2) freestanding signs, each 125 square feet in area and a height of 25 feet, displaying the Royal Farms name and gasoline pricing information, and setback from the street 6 feet and 10 feet; b. Two (2) Royal Farms signs to be attached to the short sides of the canopy over the fuel dispensing pumps, each square feet in area; and c. Two (2) signs to be attached to the front façade of the convenience store with the Royal Farms signs measuring square feet in area and the World Famous Chicken & Fresh Kitchen sign measuring square feet in area; and iii Preliminary and Final Site Plan approval for the construction of a 5,317 square foot Royal Farms convenience store, with four (4) pumps islands for sixteen (16) fueling stations, four (4) outdoor tables, a canopy over the pump islands, freestanding and other signage and site improvements, with Variance and Site Plan Approval being in accordance with the Application, plans, photographs and testimony provided by the Applicant and subject to the following conditions: a. Subject to the Applicant obtaining all other approvals that may be required for the development of the Property, including, but not limited to Camden County Planning Board, Camden County Soil Conservation and New Jersey Department of Transportation approval. Copies of all required approvals shall be submitted to the Borough upon receipt. b. Subject to the testimony by the Applicant s agents and representatives at the July 19, 2016 Public Hearing. c. Subject to the submission of revised plans complying with the comments of the Board s professionals and with this Approval. d. Subject to the comments of the Board Engineer and Board Planner as contained in the July 8, 2016 Review Letter of Remington and Vernick Engineers, by Thomas E. Cundey, PE, CME and George R. Stevenson, PP, AICP, except as may be modified in this resolution. Page 10 of 13

11 e. Subject to the Applicant posting all required inspection fees and performance and maintenance guarantees required for the development of the Property as approved and prior to the issuance of construction permits. f. Subject to the Applicant s escrow account for the review of its Application being current. Failure of the escrow account to be current may result in the non-issuance of permits. g. Nothing herein contained shall be deemed to waive or modify the requirement that the Applicant obtain from any and all other agencies having jurisdiction in this matter, any and all approvals required by law and this approval is specifically conditioned upon the Applicant obtaining those approvals. h. Subject to this approval not guaranteeing the issuance of any zoning permit, construction permit or certificate of occupancy; the Applicants are subject to the applicable requirements in obtaining said permits or certificates. i. Subject to the outdoor tables being moved away from the Walnut Avenue side of the Property; no more than four (4) exterior tables are permitted. j. Subject to the Applicant s freestanding sign closest to Walnut Avenue not obstructing the existing Cundiff Oil sign. If the Applicant s freestanding sign closest to Walnut Avenue needs to be relocated to satisfy this condition, this relocation can be administratively approved by the Board Engineer without need for further Board Approval. k. Subject to the Applicant enhancing the landscaping behind the Royal Farms and shall work with the Board Planner as to an acceptable landscaping plan. l. Subject to all deliveries being made during non-peak daytime hours. m. Subject to the Applicant retaining a pest control contractor for routine and regular inspections and treatments of the Property so that rodent and other infestation is minimized. n. Subject to the Applicant replacing the existing fence located behind the building with a 6-foot high stockade style fence. Page 11 of 13

12 o. Subject to the Walnut Avenue driveway being relocated 20 feet closer to the Black Horse Pike in order to eliminate headlights shining into windows of 22 Walnut Avenue. p. Subject to the Applicant working with the owner of 22 Walnut Street for the planting of a landscaping screening on 22 Walnut Street if desired by the owner. This condition shall expire 6 months from the issuance of a certificate of occupancy for the Royal Farms Convenience Store site. q. Subject to only the stormwater runoff from the roof of the Royal Farms building and the roof of the canopy over the fuel islands draining into the existing infiltration pipes. The design for the stormwater management for the remainder of the improved site is to comply with New Jersey Department of Environmental Protection rules and regulations for gasoline service stations. r. Subject to only the portion of the evergreen buffer within a sight triangle easement area being trimmed or removed as necessary to clear the obstruction. s. Subject to no signs permitted on the rear façade of the Royal Farms building. t. Subject to the Applicant scheduling a number of trash pickups necessary to prevent an accumulation of trash in the dumpster area. Page 12 of 13

13 ROLL CALL VOTE THOSE IN FAVOR: 7 THOSE OPPOSED: 0 THOSE ABSTAINING: 0 CERTIFICATION I hereby certify that this foregoing resolution is a true memorializing resolution, as adopted by the Zoning Board of Adjustment of the Borough of Bellmawr in accordance with its decision at its regular meeting on July 19, Dated: AUGUST 24, 2016 KENNETH MURRAY, VICE CHAIRMAN Bellmawr Zoning Board of Adjustment Page 13 of 13

RESOLUTION OF FINDINGS AND CONCLUSIONS OF THE ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF BELLMAWR FOR USE VARIANCE BELLMAWR-BROWNING, LLC - #

RESOLUTION OF FINDINGS AND CONCLUSIONS OF THE ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF BELLMAWR FOR USE VARIANCE BELLMAWR-BROWNING, LLC - #2016-02 RESOLUTION WHEREAS, Bellmawr-Browning, LLC, has applied