Title
AN ORDINANCE ADOPTING THE “GARDEN AND EAST KINNEY REDEVELOPMENT PLAN” FOR THE AREA BOUNDED BY 185-201 NJRR AVENUE (BLOCK 917, LOT 1.01); 12 GARDEN STREET (BLOCK 917, LOT 1.02); 14-16 GARDEN STREET (BLOCK 917, LOT 1.03); 18 GARDEN STREET (BLOCK 917, LOT 1.04); 20-22 GARDEN STREET (BLOCK 917, LOT 1.05); 122 EAST KINNEY STREET (BLOCK 917, LOT 1.06); 118-120 EAST KINNEY STREET (BLOCK 917, LOT 1.07); 116 EAST KINNEY STREET (BLOCK 917, LOT 1.08); 112-114 EAST KINNEY STREET (BLOCK 917, LOT 1.09) AND 110 EAST KINNEY STREET (BLOCK 917, LOT 1.10) (EAST WARD).
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WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., (the “LHRL”) authorizes municipalities to determine whether certain land in the municipality constitutes an area in need of redevelopment; and
WHEREAS, on March 7, 2018, in accordance with the LHRL, the Municipal Council adopted Resolution 7R2-a authorizing and directing the Newark Central Planning Board (the “Central Planning Board”) to conduct a preliminary investigation to determine whether the following properties (the “Proposed Plan Area”) in the East Ward of the City of Newark (the “City”) constitute an area in need of redevelopment in accordance with the criteria set forth in N.J.S.A. 40A:12A-5 of the LHRL and whether said determination shall authorize the municipality to use all those powers provided by the legislature for use in a redevelopment area other than the use of eminent domain (“Non-Condemnation Area”); and:
|
No. |
Property Address |
Block |
Lot |
|
1 |
185-201 NJRR Avenue |
917 |
1.01 |
|
2 |
12 Garden Street |
917 |
1.02 |
|
3 |
14-16 Garden Street |
917 |
1.03 |
|
4 |
18 Garden Street |
917 |
1.04 |
|
5 |
20-22 Garden Street |
917 |
1.05 |
|
6 |
122 East Kinney Street |
917 |
1.06 |
|
7 |
118-120 East Kinney Street |
917 |
1.07 |
|
8 |
116 East Kinney Street |
917 |
1.08 |
|
9 |
112-114 East Kinney Street |
917 |
1.09 |
|
10 |
110 East Kinney Street |
917 |
1.10 |
WHEREAS, after a Public Hearing on June 11, 2018, the Central Planning Board adopted a Resolution, memorialized on July 23, 2018, recommending the designation of the parcels in the Proposed Plan Area as a “non-condemnation area in need of redevelopment” under the LRHL; and
WHEREAS, by Resolution 7R2-b, adopted on August 7, 2019, the Municipal Council accepted the recommendation of the Central Planning Board and declared the Proposed Plan Area as a Non-Condemnation Redevelopment Area (the “Plan Area”); and
WHEREAS, in Resolution 7R2-b, adopted on August 7, 2019, the Municipal Council further directed the Central Planning Board to create and transmit a redevelopment plan and report identifying any provisions in the proposed Redevelopment Plan, which are inconsistent with the Master Plan and providing recommendations concerning those inconsistences, as well as any other matter as the Central Planning Board deems appropriate, in accordance with N.J.S.A. 40A:12A-7(e); and
WHEREAS, Heyer, Gruel & Associates prepared a Redevelopment Plan for the Plan Area entitled “Garden and East Kinney Redevelopment Plan” dated August 2020 (the “Redevelopment Plan”); and
WHEREAS, on August 17, 2020, the Central Planning Board reviewed the Redevelopment Plan during a virtual meeting held via Zoom and adopted a Resolution, memorialized the same day, rendering its report to the Municipal Council and recommending the adoption of the Redevelopment Plan noting that it is consistent with the Master Plan pursuant to N.J.S.A. 40A:12A-7(e); and
WHEREAS, the Municipal Council, hereby finds it appropriate for the Redevelopment Plan to be adopted for the Plan Area, being, among other things, substantially consistent with the Master Plan for the City; and
WHEREAS, the Municipal Council now desires to adopt the Redevelopment Plan, in the form attached hereto, and to direct that the applicable provisions of the City’s Zoning Ordinance and Map be amended and superseded to reflect the provisions of the Redevelopment Plan, as and to the extent set forth therein.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The aforementioned recitals are incorporated herein as though fully set forth at length.
2. The Municipal Council hereby finds and determines that the Garden and East Kinney Redevelopment Plan is substantially consistent with and generally conforms to the City of Newark’s Master Plan and it provides the maximum opportunity consistent with the orderly redevelopment of the properties that are governed by the Plan.
3. The Municipal Council adopts the Garden and East Kinney Redevelopment Plan, for the area bounded by 185-201 NJRR Avenue (Block 917, Lot 1.01); 12 Garden Street (Block 917, Lot 1.02); 14-16 Garden Street (Block 917, Lot 1.03); 18 Garden Street (Block 917, Lot 1.04); 20-22 Garden Street (Block 917, Lot 1.05); 122 East Kinney Street (Block 917, Lot 1.06); 118-120 East Kinney Street (Block 917, Lot 1.07); 116 East Kinney Street (Block 917, Lot 1.08); 112-114 East Kinney Street (Block 917, Lot 1.09) And 110 East Kinney Street (Block 917, Lot 1.10) (East Ward), in the form attached hereto as Exhibit A.
4. Upon final adoption hereof, the City of Newark Zoning Map, as may have been amended from time to time, shall be amended by the “Garden and East Kinney Redevelopment Plan”, which shall supersede the zoning designation shown on the Zoning Map for the Redevelopment Area.
5. To the extent that any previous ordinance is inconsistent with or contradictory hereto, said ordinance is hereby amended to the extent necessary to make it consistent herewith.
6. The provisions of this ordinance are severable. To the extent any clause, phrase, sentence, paragraph or provision of this ordinance shall be declared by a court of competent jurisdiction to be invalid, illegal or unconstitutional, the remaining provisions shall continue in full force and effect.
7. The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a copy of this ordinance and the Redevelopment Plan with the Office of the City Clerk.
8. This ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This ordinance adopts the Garden and East Kinney Redevelopment Plan for the area bounded by the following properties in the East Ward: 185-201 NJRR Avenue (Block 917, Lot 1.01); 12 Garden Street (Block 917, Lot 1.02); 14-16 Garden Street (Block 917, Lot 1.03); 18 Garden Street (Block 917, Lot 1.04); 20-22 Garden Street (Block 917, Lot 1.05); 122 East Kinney Street (Block 917, Lot 1.06); 118-120 East Kinney Street (Block 917, Lot 1.07); 116 East Kinney Street (Block 917, Lot 1.08); 112-114 East Kinney Street (Block 917, Lot 1.09) and 110 East Kinney Street (Block 917, Lot 1.10).