Department of Community Development - Cherry Hill Township

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Department of Community Development - Cherry Hill Township
Department of
                                                                              Community Development

                                               TO:             Cherry Hill Township Planning Board Members
                                               FROM:           Cosmas Diamantis, Esq., Director
                                                               Natalie Shafiroff, PP, AICP, Supervisor
                                                               Jacob Richman, PP, AICP, Planner
                                               RE:             COMPLETENESS REVIEW
                                                               Ross Dress for Less/DD’s Discounts
                                                               500 Route 38
                                                               Cherry Hill, New Jersey 08002
                                                               Block 595.02 Lot 1
                                                               Application No. 20-P-0011
                                               DATE:           September 8, 2020

     I.   GENERAL INFORMATION
          A. Applicant & Owner. Ross Dress for Less/DD’s Discount, 5130 Hacienda Dr., Dublin, CA 94568 and
             Camden Holding, LLC, 210 Rt. 4E, Paramus, NJ 07952.
          B. Proposal. A site plan waiver with bulk (C) variances to install facade signage associated with Ross
             Dress for Less and DD’s Discounts on an existing building.
          C. Zone. Shopping Center Business (B3) Zone with a Redevelopment Overlay Zone (Route 38 – Area
             No. 2).
          D. Site Area. The property is located in the northwest portion of the Township with Cuthbert
             Boulevard (County Road [CR]-636) to the west, Hampton Road (CR-623) to the north, New Jersey
             State Highway (NJSH) Route 38 to the south and portions of the Kenilworth, Hinchman, and
             Woodland neighborhoods to the south and east. The site is bounded to the north with the
             Merchantville Country Club in the Institutional (IN) zone, to the west by Camden Catholic High
             School in the Institutional (IN) zone, to the east by the Residential (R2) zone and Highway Business
             (B2) zoned commercial uses (including the recently completed Starbucks and Burger King drive-
             through establishments), and to the south by the Cherry Tree Corporate Center in the Regional
             Business (B4) zone. The site is also occupied by a Wal-Mart, a Babies-R-US/Toys-R-Us, Super
             Wawa with fuel service, and other various, small commercial, strip-retailers. The pad site for the
             proposed use is located along Route 38 to the east of the primary access driveway to the Walmart
             Shopping Center. Secondary access to the site is provided through Block 595.02, Lot 3 (also owned
             by the applicant), which provides access to Cuthbert Boulevard and Hampton Road. The site (Lot
             1) is approximately 28.76 acres.
          E. History. The shopping center was constructed in phases, beginning in 1964. In 1986, the shopping
             center was substantially expanded upon by 44,000 SF (PBC #3831). At that time, an open space
             variance was granted from §1909.1 for 18.31%, where a minimum of 25% is required. Several
             zoning permits, sign variances and administrative approvals were granted in the interim. In 2003,
             a major site plan with bulk (C) variances was approved by the Planning Board (PBC #8907) to
             construct a 156,575 SF Wal-Mart retail store, a 6,000 SF addition to an existing pad site, a new
             freestanding building containing 5,000 SF, as well as driveway, parking lot, stormwater
             management, and lighting and landscaping improvements. In 2004, relief was granted from that
             condition of approval requiring that one driveway to Route 38 be changed from two-way access
             to an entrance only, along with sign variances for the Wal-Mart site (Application #03-P-0037). In
             July of 2012, the property received approvals for a site plan waiver and bulk (C) variance
             associated with proposed multi-tenant freestanding signs, where a variance from 517-A.G.3.c.ii.,
             to permit the proposed two (2) freestanding signs to include multiple tenants and be 180.03 SF,

820 Mercer St | Cherry Hill, NJ 08002 | Tel 856.488.7870 | Fax 856.661.4746 | www.cherryhill-nj.com
Department of Community Development - Cherry Hill Township
where freestanding signs may only identify the shopping center and be no greater than 150 SF
          (Application #12-P-0023). In December of 2013, the Planning Board approved application
          (Application #13-P-0023) for a preliminary and final major site plan and bulk (C) variances to
          permit the construction of a 4,691 SF Super Wawa Food Market (convenience store) with
          associated site amenities including a fueling station with eight (8) fueling pumps.

II.   COMPLETENESS REVIEW
      A. Submitted Items. The following information has been submitted in support for this application
         and reviewed by the Cherry Hill Department of Community Development for conformance to the
         Zoning Ordinance:
         1. Site Layout Plan (title on plan DD’s Lease Exhibit Overall Development) prepared by B.
            Nagengast of Landcorp Engineering Consultants, P.C., dated November 4, 2019.
         2. Ross Dress for Less Sign Package, prepared by Blair Image Consultants, dated January 8, 2020.
         3. DD’s Discount Sign Package, prepared by Blair Image Consultants, dated January 9, 2020.
         4. Site Photographs.

      B. Checklist Items. Waivers requested and recommended for residual checklist as this application is
         for a Site Plan Waiver. Per §804.B.1, the following items are still required for application the
         application to be complete:
         2. Fees & Escrow with original completed Escrow Agreement & W-9. The applicant has
             submitted fees and escrow for a site plan waiver and three (3) bulk (c) variance requests in
             accordance with §901.C. Based upon the Department’s review of the submitted materials,
             a total of four (4) bulk (c) variances are required (see below). Therefore, the applicant shall
             submit an additional $500.00 filing fee and $1,000.00 in review escrow to satisfy this
             submission requirement. This shall be submitted prior to the scheduled hearing.
         37. Signs. Existing and proposed signs, including the location, size, height and necessary
             measurements and a Sign Location Plan. Testimony shall be provided indicating how the
             facade sign locations, colors, size of text, speed of road, sight line visibility to the adjacent
             roadways, etc. all play into creating a safe and more desirable visual environment without
             creating adverse distractions to drivers. The signs should be harmonious and create a higher
             design aesthetic for the property. The applicant shall also testify as to when the proposed
             façade sign illumination will be turned off. Furthermore, the applicant shall provide
             testimony regarding whether the square footage of the proposed Ross Dress for Less and
             DD’s Discounts façade signs are comparable to that of the prior tenants, Toys ‘R Us and
             Babies ‘R Us, as well as other tenants in the shopping center. Testimony regarding whether
             the proposed façade signs would be visible from the roadway if they were of a conforming
             size shall be provided and shall be accompanied by details pertaining to the distance
             between the signs and the roadway. Lastly, the applicant shall indicate whether the
             proposed Ross Dress for Less and DD’s Discounts façade signs on the side of the building
             facilitate identification more so than the freestanding multi-tenant sign panels, specifically
             for vehicles traveling eastbound on Route 38 and eastbound on the access drive off of
             Cuthbert Boulevard/Hampton Road. Similar testimony shall be provided regarding the main
             façade signs and their visibility for vehicles traveling westbound on Route 38.

      C. Determination. This application has been deemed complete. The above- and below-referenced
         items should be addressed with the Department of Community Development prior to the
         scheduled hearing.

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III.   DEPARTMENT OF COMMUNITY DEVELOPMENT COMMENTS
       A. Zoning Requirements. Retail uses are permitted uses in the Shopping Center Business (B3) Zone
          per §416.B.7 of the Zoning Ordinance. Signs are permitted accessory uses in the Shopping Center
          Business (B2) Zone per §416.D.11 of the Zoning Ordinance.

                CODE
                                         REQUIREMENTS                    PERMITTED      EXISTING     PROPOSED      CONFORM
               SECTION

                                                                                                     Ross Front
          §517.G.3.b.iii           Facade Sign Square Footage              150 SFA         N/A                          V
                                                                                                       291 SF

                                                                                                      Ross Side
          §517.G.3.b.iii            Facade Sign Square Footage             150 SFA         N/A                          C
                                                                                                       144 SF

                                                                                                     DD’s Front
          §517.G.3.b.iii           Facade Sign Square Footage              150 SFA         N/A                          V
                                                                                                      294 SF

                                                                                                      DD’s Side
          §517.G.3.b.iii            Facade Sign Square Footage             150 SFA         N/A                          C
                                                                                                       87.15

        ENC Existing Non-Conformance
        V Variance
        C Conforms
   A
     Per §517.G.3.a.ii, permitted facade sign square footage is calculated as equal to fifteen (15%) percent of the principal façade
   area (including doors and windows) on which they are displayed or a maximum of 150 SF, whichever is smaller. The applicant has
   calculated the façade area of Ross Dress for Less to be 4042 SF and 15% of this area is equal to approximately 606 SF. As such, a
   maximum sign area of 150 SF is permitted. The applicant has calculated the façade area of DD’s Discount to be 3577 SF and 15%
   of this area is equal to approximately 536 SF. As such, a maximum sign area of 150 SF is permitted.

       B. Bulk (C) Variances. It is recommended, although not required, that justification be provided by a
          licensed New Jersey Professional Planner (P.P.), for the requested variances in accordance with
          N.J.S.A. §40:55D-70:
          1. From §517.G.3.a.i, to permit a retail use (Ross Dress for Less) to have two (2) façade signs,
              where a maximum of one (1) façade sign is permitted per street frontage. Ross only has one
              street frontage (NJSH Rt. 38).
          2. From §517.G.3.a.i, to permit a retail use (DD’s Discount) to have two (2) façade signs, where
              a maximum of one (1) façade sign is permitted per street frontage and the sign must be
              attached to the principal structure. DD’s Discount only has one street frontage (NJSH Rt. 38)
              and the proposed signage on the side of the building is not attached to DD’s lease area.
          3. From §517.G.3.a.ii, to permit a façade sign to be greater than the maximum permitted size of
              150 SF. Ross Dress for Less signage on the principal façade has a total area of 291 SF.
          4. From §517.G.3.a.ii, to permit a façade sign to be greater than the maximum permitted size of
              150 SF. DD’s Discount signage on the principal façade has a total area of 294 SF.
          5. Any other variances deemed necessary by the Planning Board.

       C. Comments.
          1. The applicant shall provide testimony regarding the use and operations of Ross and DD’s
             Discount, as well as how the proposed signage will complement said uses.
          2. The initial submission indicated that the signage located on the side of the building was
             permitted because it fronted on Cuthbert Boulevard. However, the orientation of the building
             is such that this side of the building still faces Route 38, and is visible from an internal road to
             the shopping center that connects to Hampton Road and then Cuthbert Boulevard. It is the

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determination of the Department that the internal access road does not constitute street
                 frontage, thereby necessitating a variance for the Ross Dress for Less signage on the side of
                 the building.
            3.   The applicant shall provide testimony regarding the proposed location of the façade signs.
                 The Planning Board shall consider whether a condition shall be imposed (if the application is
                 approved) regarding the transferability from tenant to tenant with respect to the variance for
                 DD’s proposed second façade sign. Since DD’s second proposed façade sign is not located on
                 their actual tenant space (but rather Ross’ tenant space), should any future tenant of the DD’s
                 space be entitled to that second façade sign? The Board should weigh this scenario.
            4.   Testimony shall be provided regarding sign colors, text size, logos, and similar aspects.
            5.   Sign illumination may be provided by downward-lit exterior fixtures or internally-lit
                 Regardless of the type of illumination employed, all illuminated signs shall be properly
                 shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and
                 so as not to cause a nuisance to residents of the area, if applicable.
            6.   Signs capable of illumination shall be turned off between the hours of 10:00 P.M. and 7:00
                 A.M. unless the business and uses identified are open to the public later than 10:00 P.M. or
                 earlier than 7:00 A.M., in which event any such establishment may keep a sign illuminated
                 during business hours, only.
            7.   The application may be subject to additional comments by members Planning Board, the
                 Cherry Hill Department of Community Development, the Township’s planning board
                 consultants, and/or the public.

IV.     APPROVAL PROCESS
        If approved, the following items are required to complete the approval process (notwithstanding any
        other needed items due to the unique nature of the application):
        1. After the resolution is memorialized, a Notice of Decision will be published in the Courier Post by
             the Department of Community Development.
        2. One (1) copy of revised signage plans along with an electronic copy, which provide completeness
             items and all conditions of approval, shall be submitted to the Department of Community
             Development for review, if applicable.
        3. Submit any draft legal documents (agreements, deeds, easements, etc.) for review by the
             Planning Board Engineer and Solicitor. Revise as necessary.
        4. After comments from the Department of Community Development have been provided, revise
             (if needed), and submit three (3) copies of finalized signage plans for our records.
        5. Payment of any outstanding Review Escrow.
        6. Complete and submit Sign Permit Application(s) (for all façade, free-standing, and functional
             signs). Instructions for submitting sign permit applications can be found here:
             https://www.cherryhill-nj.com/201/Sign-Permits.

  Cc:       Brian Wolfson, Esq. (via email)
            Jim McFarland (via email)
            Jim Kyle, PP, AICP (via email)
            James W. Burns, Esq. (via email)
            Fred Kuhn (via email)
            Sharon Walker (via email)
            Katherine Malgieri (via email)
            Kathleen Gaeta (via email)

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