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AN ORDINANCE REINSTATING AND AMENDING THE WAVERLY YARDS REDEVELOPMENT PLAN OF THE CITY OF NEWARK (“REDEVELOPMENT PLAN”) AS APPLIED TO BLOCK 5088, LOTS 126.01, 131, 138, 169 AND BLOCK 5090, LOTS 1.01 AND 1.05 (“PROPERTY”) AND REAFFIRMING APPLICATION OF THE DEVELOPMENT REGULATIONS SET FORTH IN THE REDEVELOPMENT PLAN TO THE PROPERTY AS AMENDED HEREIN.
Sponsors: James/ Ramos
Deferred 6PSF-g 090816
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WHEREAS, through the adoption of Resolution 7RBb on February 19, 1986, the Municipal Council of the City of Newark (“Municipal Council”) declared certain areas and properties within the City of Newark to be blighted under the Urban Renewal Law, N.J.S.A. 40:55C-41.1 et seq. which was the predecessor to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.; and
WHEREAS, the properties declared blighted, included, but were not limited to, the properties designated as Block 5088, Lots 126.01, 131, 138 and 169; and Block 5090, Lots 1.01 and 1.05 on the current Tax Maps of the City of Newark (collectively referred to as the “Property”); and
WHEREAS, in furtherance of the blight designation, the Municipal Council adopted the Waverly Yards Redevelopment Plan for portions the blighted area by Municipal Council Ordinance 6S&Fa(S-1) March 10, 1989; and as amended by Municipal Council Ordinance 6S&Fd May 17, 1989, and Municipal Council Ordinance 6PSF-a January 24, 2012 (collectively the “Redevelopment Plan”); and
WHEREAS, on February 13, 2002, the Municipal Council adopted Resolution 7Ra(S) declaring the entire City as an area in need of rehabilitation; and
WHEREAS, the Municipal Council has determined and seeks to reaffirm that the Property continues to remain an area in need of redevelopment pursuant to N.J.S.A. 40A:12A-5 and an area in need of rehabilitation pursuant to N.J.S.A. 40A:12A-6; and
WHEREAS, on February 4, 2015, the Municipal Council adopted an Ordinance entitled, “Ordinance Repealing Title 40 of the Municipal Code of the City of Newark (Zoning Ordinance), Title 37 of the Municipal Code of the City of Newark (Land Use Procedures), and Title 38 of the Municipal Code of the City of Newark (Subdivision/Site Plan Ordinance) and Adopting Title 41 (Newark Zoning & Land Use Regulations) within the Newark Municipal Code” (“2014 Rezoning Ordinance”); and
WHEREAS, the 2014 Rezoning Ordinance declared that it shall supersede all development regulations found within all adopted Urban Renewal Plans and Redevelopment Plans in the City of Newark with the exception of nine expressly listed plans, which did not include the Redevelopment Plan; and
WHEREAS, the 2014 Rezoning Ordinance further declared the development regulations within all Urban Renewal Plans and Redevelopments, with the exception of the nine expressly listed, to be inconsistent with the 2012 Newark Master Plan and superseded by the regulations in Title 41 (Newark Zoning & Land Use Regulations), leaving all non-development regulatory provisions of these Urban Renewal Plans and Redevelopment Plans in effect; and
WHEREAS, as a result of the 2014 Rezoning Ordinance the City’s newly adopted EWR Airport and EWR-S Airport Support development regulations apply to the Property; and
WHEREAS, upon further review of the development standards set forth in the Redevelopment Plan, the Municipal Council finds that the development regulations set forth therein are more consistent with the 2012 Newark Master Plan’s recommendations than the EWR-S and EWR development regulations; and
WHEREAS, the 2012 Newark Master Plan recommends that the land which wraps around Newark Liberty International Airport, including the subject Property, be rezoned to encourage industrial uses, warehousing and distribution, office, hotel, aviation support services, and related retail facilities that support the air and seaports, or which substantially benefit from their close proximity and direct access to the ports; and
WHEREAS, the Redevelopment Plan permits the uses recommended by the 2012 Newark Master Plan, including but not limited to: (a) light industrial and manufacturing uses; (b) airport related businesses and facilities; (c) hotels and motels; (d) general, professional and corporate offices, training facilities and related uses including but not limited to auditoriums, laboratories, research facilities, administrative offices and accessory uses customarily found in conjunction with such primary uses, (e) warehouse and distribution facilities, (f) non-commercial parking structures and facilities, as separate structures or in connection with other primary uses; and (g) principal parking as an interim use; and
WHEREAS, the Municipal Council’s intent is to have the Property continue to be regulated and developed in accordance with the standards set forth in the Redevelopment Plan; and
WHEREAS, the development standards set forth within the Redevelopment Plan continue to be appropriate for any future development of the Property and are consistent with the 2012 Master Plan recommendations; and
WHEREAS, it is the Municipal Council’s intention to reaffirm the continued validity of the Redevelopment Plan as it relates to the development of the Property and its application to the Property, and to reinstate the development regulations of same to the extent necessary; and
WHEREAS, it is the Municipal Council’s desire to amend the Redevelopment Plan as follows:
(a) to substitute any references to the “Redevelopment Agency” or “Agency” with “Department of Economic and Housing Development”; and
(b) clarify that the development regulations of the Redevelopment Plan apply to properties designated as Block 5088, Lots 126.01, 131, 138 and 169; and Block 5090, Lots 1.01 and 1.05 on the current Tax Maps of the City of Newark; and
(c) clarify that surface parking for airport support is a principal permitted use; and
(d) clarify the types of uses to be considered within the permitted use group of “Airport related businesses and facilities”. To that end, the permitted use of “Airport related businesses and facilities” shall be revised to read, “Airport related businesses and facilities, including but not limited to, food services, training facilities and parking for employees of on-airport operations, airlines and businesses”; and
(e) extend the expiration date of the Redevelopment Plan for an additional twenty (20) years.
WHEREAS, the Municipal Council finds that surface parking for airport support is an appropriate use of the Property in light of the 2012 Master Plan recommendations;
WHEREAS, the proposed Ordinance to reinstate and amend the Waverly Yards Redevelopment Plan was referred to the Planning Board, by Resolution 7R3-h (as) , adopted September 8, 2016,
WHEREAS, after a public hearing on September 8, 2016, the Central Planning Board adopted a resolution recommending the reinstatement and amendment of the Waverly Yards Redevelopment Plan is consistent with the Master Plan.
NOW, THEREFORE, BE IT ORDAINED, BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. The Municipal Council hereby reaffirms that properties designated as Block 5088, Lots 126.01, 131, 138 and 169; and Block 5090, Lots 1.01 and 1.05 continue to remain an area in need of redevelopment pursuant to N.J.S.A. 40A:12A-5 and an area in need of rehabilitation pursuant to N.J.S.A. 40A:12A-6.
Section 2. The Municipal Council hereby determines and finds that the development standards set forth in the Waverly Yards Redevelopment, as amended throughout the years and herein, continue to remain appropriate for the development of property designated as Block 5088, Lots 126.01, 131, 138 and 169; and Block 5090, Lots 1.01 and 1.05.
Section 3. The Municipal Council hereby determines the Waverly Yards Redevelopment Plan is reinstated, amended and valid as applied to Block 5088, Lots 126.01, 131, 138 and 169; and Block 5090, Lots 1.01 and 1.05.
Section 4. The Municipal Council hereby declares that the Waverly Yards Redevelopment Plan, as amended throughout the years and herein, shall supersede all previous zoning standards and development regulations applied to the Property.
Section 5. The Municipal Council hereby amends the zoning district map of the City of Newark to reflect that Block 5088, Lots 126.01, 131, 138 and 169; and Block 5090, Lots 1.01 and 1.05, are zoned in accordance with the development standards of the Waverly Yards Redevelopment Plan as amended throughout the years and herein.
Section 6. Prior to the adoption of this Ordinance on second and final reading the Municipal Council shall refer this Ordinance to the Central Planning Board of the City of Newark for its review and recommendations in accordance with N.J.S.A. 40A:12-7.
Section 7. The City Clerk is hereby directed to file a copy of the Waverly Yards Redevelopment and the amendments thereto along with a copy of this Ordinance and a copy of the minutes of the Municipal Council’s meeting minutes hereby it considered this Ordinance on first reading in the Office of the City Clerk for inspection by the public.
Section 8. To the extent that any previous ordinance is inconsistent with or contradictory hereto, said ordinance is hereby repealed or amended to the extent necessary to make it consistent herewith.
Section 9. 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.
Section 10. This Ordinance shall take effect in accordance with the laws of the State of New Jersey after final passage and publication.
STATEMENT
This Ordinance: (a) reaffirms that properties designated as Block 5088, Lots 126.01, 131, 138 and 169; and Block 5090, Lots 1.01 and 1.05 continue to remain an area in need of redevelopment pursuant to N.J.S.A. 40A:12A-5 and an area in need of rehabilitation pursuant to N.J.S.A. 40A:12A-6; (b) determines that the Waverly Yards Redevelopment Plan, as amended throughout the years and herein for Block 5088, Lots 126.01, 131, 138 and 169; and Block 5090, Lots 1.01 and 1.05, is reinstated and valid as applied; (c) hereby determines and finds that the development standards set forth in the Waverly Yards Redevelopment Plan, as amended throughout the years and herein continue to remain appropriate for the development of Block 5088, Lots 126.01, 131, 138 and 169; and Block 5090, Lots 1.01 and 1.05 and are consistent with the 2012 Master Plan.