Title
AN ORDINANCE ADOPTING THE SECOND AMENDMENT TO THE WEST WARD MODEL NEIGHBORHOOD INITIATIVE REDEVELOPMENT PLAN.
body
WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LRHL”), authorizes municipalities to determine whether certain land in the municipality constitutes an area in need of redevelopment; and
WHEREAS, on January 13, 2015, the Municipal Council adopted Resolution 7R3-b(S) authorizing and directing the Central Planning Board to conduct a preliminary investigation to determine whether all the properties identified on the Official Tax Map of the City of Newark, as Blocks 317-337 (in their entirety), or any portion thereof (“Study Area”) are considered an “area in need of redevelopment” according to the criteria set forth in N.J.S.A. 40A:12-5 of the LRHL and should be designated as a Condemnation Redevelopment Area, as defined by the Redevelopment Law; and
WHEREAS, after a Public Hearing on January 11, 2016, the Central Planning Board adopted a Resolution, memorialized February 8, 2016, recommending the designation of certain parcels in the Study Area as Condemnation Area in Need of Redevelopment under the LRHL; and
WHEREAS, thereafter the Municipal Council adopted Resolution 7R3-a on April 6, 2016, accepting the recommendation of the Central Planning Board and designated one hundred nine (109) of the parcels investigated in the Study Area as a Condemnation Area in Need of Redevelopment and 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 provide recommendations concerning those inconsistencies, as well as any other matters the Central Planning Board deems appropriate, in accordance with N.J.S.A. 40A:12A-7(e); and
WHEREAS, Phillips Preiss Grygiel, LLC prepared a redevelopment plan for the Study Area entitled “West Ward Model Neighborhood Initiative Redevelopment Plan” dated February 2016 (“Redevelopment Plan”); and
WHEREAS, on July 11, 2016, the Central Planning Board reviewed the Redevelopment Plan during a meeting and adopted a Resolution, 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, on September 8, 2016, the Municipal Council accepted the recommendation of the Central Planning Board and adopted the West Ward Model Neighborhood Initiative Redevelopment Plan, pursuant to Ordinance 6PSF-f; and
WHEREAS, thereafter the Municipal Council desired to amend the Redevelopment Plan in order to stimulate additional development and investment within the Study Area; and
WHEREAS, on January 29, 2019, the Municipal Council adopted Resolution 7R2-a(S) referring the proposed First Amendment to the Redevelopment Plan (the “Amendment”) to the Central Planning Board, pursuant to N.J.S.A. 40A:12A-7(e), to determine whether the proposed amendment is consistent with the City’s Master Plan and directing the Central Planning Board to transmit a report within forty-five (45) days of its referral; and
WHEREAS, on July 10, 2019, the Municipal Council adopted Ordinance 6PSF-h, establishing the First Amendment to the West Ward Model Neighborhood Initiative Redevelopment Plan, incorporating suggested revisions made by the Central Planning Board, transmitted via Memorialization Resolution dated March 18, 2019, pursuant to a Public Hearing held on March 18, 2019; and
WHEREAS, the Municipal Council sought to further amend the Plan by adopting a Second Amendment to the Redevelopment Plan (“Second Amendment”), that changes the land use designation for Block 336, Lot 1 (512-520 South 19th Street) from the C-1 Neighborhood Commercial District to the WS-R West Side Residential District, as shown on the revised version of Figure 10 attached hereto as Exhibit A; and
WHEREAS, the LRHL requires that the Municipal Council refer the proposed Second Amendment to the Central Planning Board for review to consider whether such amendment is consistent with the City’s Master Plan and report within forty-five (45) days of referral, including its recommendations; and
WHEREAS, on October 25, 2022, the Municipal Council adopted Resolution 7R2-a(S) referring the proposed Second Amendment to the Central Planning Board for its review and report; and
WHEREAS, the Central Planning Board reviewed the Second Amendment to the West Ward Model Neighborhood Initiative Redevelopment Plan at is hearing on December 19, 2022; and
WHEREAS, the Central Planning Board adopted a Memorialization Resolution dated December 19, 2022, to transmit its finding that the proposed Second Amendment is substantially consistent with the Master Plan, does not have a substantive impact on the goals, intent, and purpose of the Plan and recommend that the Municipal Council adopt the Second Amendment; and
WHEREAS, the Municipal Council now desires to adopt the Second Amendment 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 Second Amendment, 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 Second Amendment to the West Ward Model Neighborhood Initiative Redevelopment Plan, in the form attached hereto in Exhibit A, reflecting a change in Figure 10: Development Regulations, specifically to change the land use designation for Block 336, Lot 1 (512-520 South 19th Street) from the C-1 Neighborhood Commercial District to the WS-R West Side Residential District, is hereby adopted in accordance with the recommendations of the Central Planning Board, pursuant to its Memorialization Resolution of December 19, 2022.
3. Upon final adoption hereof, the City of Newark Zoning Map, as may have been amended from time to time, shall be amended by the Second Amendment to the West Ward Model Neighborhood Initiative Redevelopment Plan, which shall supersede the zoning designation shown on the City of Newark Zoning Map for the redevelopment area.
4. The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a copy of the West Ward Model Neighborhood Initiative Redevelopment Plan, as amended, along with a copy of this Ordinance with the Office of the City Clerk.
5. The provisions of this Ordinance are severable. To the extent any clause, phrase, sentence, paragraph or provision of this Ordinance shall be declared invalid, illegal, or unconstitutional, the remaining provisions shall continue in full force and effect. 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. This Ordinance shall take effect in accordance with the laws of the State of New Jersey after final passage and publication.
STATEMENT
This Ordinance adopts the Second Amendment to the West Ward Model Neighborhood Initiative Redevelopment Plan, which changes the land use designation for Block 336, Lot 1 (512-520 South 19th Street) from the C-1 Neighborhood Commercial District to the WS-R West Side Residential District, as detailed in Exhibit A - Figure 10: Development Regulations.