Page
Consultants
Inc.
PLANNING REPORT
304 Kinderkamack Road, LLC
302-308
Kinderkamack Road
Oradell, NJ
September 9, 2020
Revised: November 4, 2020
November 23, 2020
January 25, 2021
Prepared For: 304 Kinderkamack Road, LLC c/o Vincent Santaite
80 Contact Avenue Lodi, NJ 07644
Prepared By: Page Consultants Inc.
6 Forest Avenue Paramus, NJ 07652
William B. Page
Professional Engineer
Page Consultants Inc.
Planning Engineering Traffic Building Design Construction Management
September 9, 2020 Revised: November 4, 2020 Revised: November 23, 2020 Revised: January 25, 2021 Board of Adjustment Borough of Oradell 355 Kinderkamack Road Oradell, NJ 07649 RE: Planning Report
304 Kinderkamack Road Proposed Restaurant Block 1202, Lot 18
Board Members:
Page Consultants, Inc was retained by 304 Kinderkamack, LLC, to prepare a Planning Report for the proposed 10,385 SF two story Restaurant located on a 11,250 SF lot. The restaurant will have a first floor upscale Steakhouse Bistro and Bar with outdoor “seasonal” dining on the front deck patio. The second floor will include a Banquet Room and two smaller lounges for private parties along with a service bar. Parking for the restaurant will be “on street” along
Kinderkamack Road and on Park Avenue. “Off street” parking demands will be met by the multiple Municipal Parking Lots surrounding the area and the nearby business’ parking lots. Page Consultant’s Parking Availability Study dated August 26, 2020 illustrates the extensive amount of public parking immediately proximate to the site. Parking Agreements will be negotiated with the surrounding business to service employee and other parking. An aerial photograph is shown on Figure 1 and a survey of the existing condition plan of the area is shown on Figure 2.
The first floor will have a total of 123 seats, not including the 28 seasonal dining seats on the front yard patio. When used, the second floor will utilize up to an additional 125 seats for a total of 248 fixed seats, excluding the outdoor/seasonal dining seats.
I.
Existing Conditions:
The existing uses on the property include a former coffee shop, a former hair salon and a currently operated butcher shop. The coffee shop had outdoor seating for sixteen patrons.
immediately to the north is a residential rental house. Across the street from the site is a Retail Center. Immediate parking for the property is on-street parking and several off-street parking areas that patrons may use. Oradell has Municipal Parking Lots behind Walgreens, west of the Oradell Public Library and south of the site at the Jay’s Pharmacy Retail Center.
Access to the site is on Kinderkamack Road, which is a County road. Kinderkamack is a two-lane roadway that runs north- south between Hackensack and Montvale. On street parking is available on both sides of the street.
II.
Zoning Data:
A. The property is in the B-1 zone (Business). 1. The permitted uses are;
(a) Business, professional and governmental office, including parking accessary thereto.
(b) Retail stores, or mercantile stores, excluding auction galleries and automotive sales or service establishments.
(c) Dancing, music and art instruction studios.
(d) Radio and television repair, locksmiths, watch, clock and jewelry repair, upholstery and furniture repair and other similar service establishments furnishing services other than of a personal nature, but not including gasoline filling stations and other automotive services.
(e) Residential units in other than the ground floor are permitted, provided that they are efficiency apartments.
Restaurants are permitted as a conditional use.
2. The Conditional Use Requirements for a Restaurant in a B-1 Zone are as follows: Restaurants are permitted in the B-1 Zone and Mixed-Use Development Zone as a conditional use. A restaurant may be permitted on the following conditions:
(1) A restaurant permitted under this subsection, as well as permitted by the Outdoor Dining Ordinance (Ordinance No. 10793 , is defined as a commercial establishment in which food and beverages are prepared and sold.
(2) A restaurant establishment must provide an area for refuse storage. Such refuse storage area shall be located in the rear of the building, shall be screened on four sides, and shall be at least five feet from the property line.
(3) The restaurant shall provide adequate access facilities for pedestrian traffic from public sidewalks, so as to assure safety and to avoid
congestion on public sidewalks. If the 3. Editor's Note: See Ch. 80, Cafes, Outdoor. § 240-8.4 § 240-8.4 :8 restaurant provides parking for patrons, this provision shall apply to vehicular access as well as pedestrian access. (4) All entrances and exits shall be clearly visible from the street and sidewalk.
(5) An adequate loading and servicing area shall be provided and shall not interfere with traffic circulation.
(6) The restaurant establishment shall comply with all applicable building and fire codes.
(7) Signs shall comply with Article XI of this chapter.
(8) The application for such a conditional use shall be accompanied by a site plan, drawn to scale and certified by a licensed professional engineer or architect, detailing the dimensions and location of all tables, seats, cooking, sanitary facilities and all requirements of this chapter. When adequate on-site space is available for the exclusive use of an applicant, the applicant shall provide one off-street parking space for every 2 1/2 seats.
(9) The above shall not prohibit a restaurant from permitting customers to supply their own wine or beer in an indoor restaurant subject to ABC regulations.
A copy of the Oradell Zoning Map is shown on Figure 3. 3. The Bulk requirements in the B-1 Zone are:
(a) Lot Bulk Dimensions: Width; 150 Feet
Minimum Front yard setback: 15 feet
Rear Yard setback: (Larger of feet or %). Use area for parking
Side Yard Setback: Minimum side yard shall be 10 Feet, Minimum total side yard is 25 Feet
Minimum building coverage: 40% Height: 35 Feet
Maximum lot coverage: 85% Floor Area Ratio: 35%
Parking Requirements: 1 space per 250 square feet of building area
III. Proposed Development:
A. The proposed project will consist of converting the existing 8,603 SF building into a 10,385 SF upscale restaurant. The Proposed Site Plan is shown on Figure 4. The
restaurant will consist of a first floor with an open air patio with seasonal dining, an 18-seat bar inside with tables and booths, a pizza oven, restrooms, a commercial kitchen, food preparation area and a storage area. The second floor will have a banquet room with seating, smaller lounges for private parties and meetings, an event bar for special events, along with an office and restroom facilities. A floor plan of the two floors is shown on Figures 5 and 6.
B. On-street parking along Kinderkamack Road and Park Avenue is anticipated. During evening hours and weekends, off-street parking will be utilized at the municipal lots southwest of the proposed restaurant at the Jay’s Pharmacy Retail Center, and the Municipal Lots behind Walgreens and the Oradell Public Library. The Applicant anticipates negotiating a parking agreement with surrounding businesses for employee and other parking to accommodate patrons during evening and weekend hours. A chart summarizing all the parking the restaurant intends to utilize is shown below:
Municipal Off-Street Parking:
West Lot (Walgreens)
35 spaces South West Lot
(Jay’s Pharmacy)
91 spaces North Lot
(Oradell Public Library)
136 spaces
Sub- Total 262 Spaces Private Off-Street Parking:
Southern Bank Lot 32 spaces
Western Retail Lot 65 spaces
Sub-Total 97 Spaces
On- Street Parking
On street & south of East
Ridgewood Avenue 51 spaces
Sub-Total 51 Spaces
IV. Variances:
The Board of Adjustment has the power to grant both D and C variances for this application. A map of the Oradell Zoning Districts is shown on Figure 3. The requested variances include:
1. Section 240- G(4)e: D (4) variance; FAR-Increase in Permitted Density. 35% permitted, 76.47% existing, 92.31% proposed.
* Proposed: The FAR is calculated as shown:
Basement (lower level) 2102.00-s.f.
First Floor 4973.85-s.f.
Second Floor 3309.41-s.f.
Total 10,385.26 = 92.31%
Existing: The FAR is calculated as shown:
Basement (lower level) 2347.00-s.f.
First Floor 3849.02-s.f.
Second Floor 2406.41-s.f.
Total 8602.43 = 76.47%
2. Section 240- G(2): C (2) variance; Conditional Use. Restaurants are permitted as a Conditional Use. If there is a deviation from a specification of a standard
pertaining solely to a Conditional Use in the Ordinance, this variance is a D(3) Variance. The Conditional Use requirements under the ordinance the Applicant’s proposed restaurant has not met, include the following:
(2) A restaurant establishment must provide an area for refuse storage. Such refuse storage area shall be located in the rear of the building, shall be screened on four sides and shall be at least five feet from the property line.
(4) All entrances and exits shall be clearly visible from the street and sidewalk.
(8) The application for such a conditional use shall be accompanied by a site plan, drawn to scale and certified by a licensed professional engineer or architect, detailing the dimensions and location of all tables, seats, cooking, sanitary facilities and all requirements of this chapter. When adequate on-site space is available for the exclusive use of an applicant, the applicant shall provide one off-street parking space for every 2 1/2 seats.
3. Section 240- G(b)3: C (2) variance; Side Yard Setbacks. 10 Feet minimum, 25 Feet both sides. Existing building 0 Feet on the right (north) side and 2’- 10 7/8” on the left (south) side. 3’-8” proposed.
4. Section 240- G(b)2: C (2) variance; Front Yard Setback; 15 Feet required; 10 Feet-10 inches proposed.
5. Section 240-6.6(c)4: C (2) Variance; Off Street Parking; 35 on -site parking spaces required; The property has no on-street parking. The requirement is a space per 250 square feet of general office/commercial space. Pursuant to section 240-8.4(E)8, the parking requirement is 1 space per 2 ½ fixed seats. Therefore, 100 spaces would be required.
V. Proofs/Findings:
A. “D” Variances:D(4) Variance
For the Board to grant a “D(4)” variance, “special reasons” must be presented by the applicant.
Regarding the proposed restaurant, the project does carry a purpose of zoning. As noted in Burbridge v. Mine Hill Twsp. 117 N.J. 376, 386 – 387 (1990) and Medici v. BPR Co., 107 N.J. 10, 18 (1987), special reasons can be defined for a particular project. Pursuant to Burbridge, three applicable prongs are:
i. To promote a desirable visual environment through creative development techniques and good civic design and arrangement.
The “D(4)” variance associated with this project is due to the proposed increase in the Floor Area Ratio (FAR). The permitted FAR is 35% where the existing building FAR is 76.47% and the proposed project the FAR is 92.31%, or approximately 16% more than the pre-existing FAR. The existing building is presently nonconforming. 35% FAR is more typical of a residential district. In a commercial district, most
municipalities do not impose a FAR limitation. The bulk requirements control the development such as building height, number of stories, setbacks and parking. The Borough of Oradell has adopted a Master Plan eliminating “FAR” in the B-1 Zone. “Currently, the B-1 Zone permits a floor area ratio of 35%. Compared to similar CBDs, this ratio is considerably less than reasonable and serves to hinder
reinvestment potential. Consideration should be given to eliminating the FAR criteria entirely within the B-1 Zone to promote the creation of residential units above
storefronts. The elimination of the FAR requirement will also serve to promote the renewal of the aging, and in some cases piecemeal, building stock by increasing space needed to make reinvestment possible. The elimination of FAR criteria however, should only be done in conjunction with requirements for buffer zones, setbacks and parking requirements to provide screening of incompatible land uses and to minimize adverse impacts on residential and other properties.” citing Oradell 2018 Master
Plan, Land Use Element, p.42.
The Oradell Master Plan concludes that a new standard for the CBD should be considered to meet the needs of residents and businesses; namely, “to modify the ordinance to remove the 35% FAR requirement within the B-1 CBD zone from the bulk standards. Oradell’s current FAR standard is inconsistent with contemporary
standards for a CBD and severely restricts the development potential of the CBD.”
See Oradell Master Plan at page 47. Since the Master Plan has not yet been
incorporated into the Oradell Zoning Ordinance, a D (4) variance for this FAR exceedance must be requested.
As of now, the proposed restaurant at this location is “particularly suitable” for the following reasons:
1. The property is presently in need of repairs and redevelopment.
2. Oradell does not have a “upscale” sit- down restaurant like its neighboring communities. The proposed restaurant will attract patrons from Oradell and neighboring communities. New Milford for example has several sit-down restaurants, Emerson has two, Westwood has numerous restaurants as well as River Edge has several along Kinderkamack Road and Paramus has the restaurants in the malls.
3. The project is within the Central Business District section of the community. 4. A restaurant is a conditional permitted use in the B-1 District.
5. Other than Charlie Brown’s, the only sit-down restaurant Oradell had was Haglers’ that later became Felice which is now a bank.
6. There are several restaurants in Oradell that cater to” take out” service not sit down service.
7. The proposed restaurant will have a bar, a banquet facility, a meeting room, table service and outdoor seasonal dining, all of which are amenities for local patrons.
8. The restaurant will provide a place for Theatre Patrons to meet before and after “curtain time” at the Bergen County Payers Playhouse Theater.
Pursuant to Burbridge, the project will promote a desirable visual environment through creative development techniques and good civic design and arrangement. In the Medici case, “site suitability” is a key factor for the Board to look at regarding a project.
D(3) Variance
The site is a conditional use per the Oradell Zoning Ordinance so it is a permitted use if the project can meet certain bulk requirements.
Accordingly, the proposed restaurant is a permitted conditional use.
The proposed restaurant satisfies all of the conditional use requirements in Oradell’s Ordinance.
In addition to satisfying the Restaurant Conditional Use Requirements, this Application satisfies the recommendations set forth in the Oradell Master Plan regarding restaurants.
In Oradell’s Master Plan adopted December 4, 2018, in the discussion of the Central Business District Plan, Section 4, p.42, it is recommended that “Restaurants be identified as a principal permitted use.” The Plan later concludes:
“to modify the ordinance to include restaurants as a principal permitted use within the zone. There was significant consensus from community members and business owners alike that permitting quality sit-down restaurants in the CBD would be a benefit to the community and promote increased visitation during evening hours. In addition to the permitting of restaurants, a review of restaurant regulations, including parking
standards, should be considered to make entry into the CBD more attractive to restaurateurs.” citing Oradell 2018 Master Plan, at pg. 47.
B. “C” Variances:
The C (1) and C (2) variances sought are listed below. Under Price v. Himeji, LLC, 214 N.J. 263, 301 (2013), the “C” variances listed as “subsumed in consideration of the “D” variances. The proposed use generates certain nonconforming conditions that are integrally related to the use. They are:
(a) Conditional Use: The restaurant is a conditional use in the B-1 zone district. If the project can meet certain bulk regulations, the project is conforming. With the constraints of the existing site, there are two bulk requirements that the site cannot meet. They are side yard setbacks and on-site parking. The existing structure does not meet either of these two requirements. The existing building has a zero setback along the south side and 2’-10 7/8” along the north side where 10’ is required on one side with a total of 25’ on both sides. The proposed project is maintaining the existing building dimensions thus the existing nonconformity is not being increased.
(b) Side Yard Setbacks: This existing variance was discussed in item (a). (c) Front Yard Setback: The required setback in the B-1 zone is 15 ft while the
The existing building setback is 17 ft. The design adds an entranceway to the restaurant to provide a focal point to the front of the facility.
(d) On-Site Parking: The parking requirements used, per the ordinance section, 240-6.6 (c)4 “Off-Street Parking”; is one (1) space per every 250 square feet (sf.) of building area. The total building area is 10,385 sf. and therefore 42 spaces are required. The existing salon and café, which had no on-site parking, relied upon the street parking and the public lots adjacent to the site. The proposed restaurant will use the same parking available. The applicant is negotiating with the
landowners of the bank and the retail center across Kinderkamack to lease spaces as needed. There is also a Municipal Parking Lot behind Walgreens and the retail site by Jay’s Pharmacy that maybe utilized plus on-street parking that is in the area. Valet parking is also anticipated to help manage the potential parking
demand. For a conditional use only when on-site parking is available, the parking requirement per Section 240-8.4 E (8), is 1 space for every 2 ½ seats. Therefore, 100 site spaces would be required. Since, the property, as it exists, has no on-site parking, the Applicant does not need to meet this requirement.
Nevertheless the Parking spaces available in the neighboring parking lots, as set forth in the Applicant’s Parking Study, far exceeds even this 1 space per 2 ½ seat requirement.
VI. General Concept-Variance:
The Board to decide to grant a variance, positive and negative criteria must be presented. Regarding the process, there are five (5) prongs that deal with the positive criteria should be considered for each project. They are:
That the variance request:
1. Relates to a specific piece of property.
2. That the purpose of the Municipal Land Use Law would be advanced by a deviation from the zoning ordinance requirement.
3. That the variances can be granted without substantial detriment to the public good.
4. That the benefits of the deviation would substantially outweigh any detriment and, 5. That the variance will not substantially impair the intent and purpose of the zone
plan and zoning ordinance.
As shown in Section B, the projects’ location and property size, limits the design parameters that the applicant can achieve. The project follows the exterior limits of the existing building. Several of the “C” variances are pre-existing nonconformities such as the side-yard variances. The building FAR has increased but the existing FAR is also a
pre-existing nonconformity “D” variance. Required is 35%, existing is 76.47% while the restaurant will be 92.31%. The project is providing Oradell with a much-wanted sit down restaurant. The prior use of the site was a café (Cool Beans) that provided beverages and food that could be consumed inside the building at tables and also provided seasonal outdoor seating as well. The existing building that has been neglected will be
aesthetically designed and upgraded and will enhance the Central Business District area of Oradell. The restaurant, like Hagler’s and Felice will provide a meeting place for residents of Oradell to meet and socialize in town with their friends and neighbors thus providing a benefit to the overall community. The restaurant will provide a place for patrons of the Bergen County Players Playhouse to meet before and after the play which now is not available. The above are all “positive criteria” and special reasons as to why the project is especially suited for this property.
IV. Negative Criteria:
No variance can be granted without showing that such variances (1) can be granted without substantial detriment to the public good and (2) will not substantially impair the intent and purpose of the zone plan and zoning ordinance.
The proposed restaurant will not create a substantial detriment to the public good and the intent and purpose of the zoning ordinance of Oradell. The use is a permitted conditional use in the B-1 zone which implies that the restaurant is permitted should certain
conditions be met. All of the Oradell Zoning Ordinance Conditional Use Restaurant Requirements are met here. The existing side yard conditions are being maintained since the existing exterior limits of the building are will not change. These limits are a pre-existing nonconformity. The FAR has been increased from the pre-existing 76.47% to 92.31%. FAR in a business zone typically is set at 80% or nonexistent. The bulk
requirements are set to govern the structures limits. FAR for the B-1 zone in Oradell has recently been implied that it will be eliminated. There is no off-street parking for this lot which is an existing condition. The prior uses, the hair saloon and the café and the Oradell Meat Market and The Bergen County Playhouse patrons all relied on on-street parking and available off-street parking at the municipal and adjacent lots. This will remain the same.
The increase in FAR and having no on-site parking are both non-conforming conditions. The approval of both the D(3) and the D(4) variances, as it relates to the negative criteria, pursuant to Coventry v Westwood Board of Adjustment, 138, N.J. 285, 299 (1994), the Board shall determine if the approval will cause damage to the character of the
neighborhood as to constitute “substantial detriment to the public good”…and that the variance will not “substantially impair the intent and purpose of the zone plan and zoning ordinance”. Approving the conditional use of the second floor and not having on-site parking will not damage the character of the neighborhood and the intent of the zoning and master plan. The FAR was already an approved non-conforming D(4) variance and
having no off-street parking existed at the time “Cool Beans” and “Suzanne’s Salon” existed at the premises.
Therefore, there is no negative criteria associated with this project should the restaurant be approved that will substantially create a detriment to the public good and will not substantially impair the intent and purpose of the zone plan and the zoning ordinance of Oradell.
V.
Conclusion:
The grant of the D (3) and the D(4) and the C(1) and C(2) variances relates to this specific property, will advance the zoning ordinance requirements for the Borough of Oradell by providing a clean, aesthetically pleasing and a conditionally permitted use at the proposed specific location. The restaurant will be maintained and will become a focal point of social activity for Oradell and the neighboring communities. Patrons and
residents can meet and enjoy a great meal that has table service, a banquet room for special events, a meeting room and a bar. The project will not be a detriment to the public good, the benefits of the project outweigh any detriments and the granting of the variances will not substantially impair the intent and purpose of the zone plan and the zoning ordinance. Therefore, I recommend that the Board grant the variances being requested and approve this application.
_________________________ William Page PE, PP, LS, CME PP # 4228
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