File #: 16-1408    Version: 1 Name: Waverly Yards Referral to Planning Board
Type: Resolution Status: Adopted
File created: 9/1/2016 In control: Economic and Housing Development
On agenda: 9/8/2016 Final action: 9/8/2016
Title: Dept/ Agency: Economic and Housing Development Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Referral of Proposed Reinstatement and Amendment to Waverly Yards Redevelopment Plan to Central Planning Board Purpose: For Planning Board to determine if such amendment is consistent with the City's Master Plan and for recommendations pursuant to N.J.S.A. 40A:12A-7 Name of Plan: Waverly Yards Redevelopment Plan (Address/Block/Lot/Ward) Address Block Lot Ward 86-144 Haynes Avenue 5088 126.01 South 270-286 Haynes Avenue 5088 131 South 2-38 International Way 5088 138 South 294-350 Haynes Avenue Rear 5088 169 South 97-131 Haynes Avenue 5090 1.01 South 81-83 Haynes Avenue 5090 1.05 South Additional Information:
Sponsors: John Sharpe James, Augusto Amador
Related files: 16-1238

Title

Dept/ Agency:  Economic and Housing Development

Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending

Type of Service:   Referral of Proposed Reinstatement and Amendment to Waverly Yards Redevelopment Plan to Central Planning Board

Purpose: For Planning Board to determine if such amendment is consistent with the City’s Master Plan and for recommendations pursuant to N.J.S.A. 40A:12A-7

Name of Plan:  Waverly Yards Redevelopment Plan

(Address/Block/Lot/Ward)

Address                                            Block      Lot         Ward

86-144 Haynes Avenue                     5088    126.01      South

270-286 Haynes Avenue                   5088       131        South

2-38 International Way                      5088       138        South

294-350 Haynes Avenue Rear          5088       169        South

97-131 Haynes Avenue                     5090      1.01        South

81-83 Haynes Avenue                       5090      1.05        South

Additional Information:

                   

body

 

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:

 

Address                                           Block      Lot         Ward

86-144 Haynes Avenue                     5088    126.01      South

270-286 Haynes Avenue                   5088       131        South

2-38 International Way                      5088       138        South

294-350 Haynes Avenue Rear          5088       169        South

97-131 Haynes Avenue                     5090      1.01        South

81-83 Haynes Avenue                       5090      1.05        South

 

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 of 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:

 

Address                                           Block      Lot         Ward

86-144 Haynes Avenue                     5088    126.01      South

270-286 Haynes Avenue                   5088       131        South

2-38 International Way                      5088       138        South

294-350 Haynes Avenue Rear          5088       169        South

97-131 Haynes Avenue                     5090      1.01        South

81-83 Haynes Avenue                       5090      1.05        South

 

 

In the South Ward 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; and

 

WHEREAS, the Municipal Council wishes to have the Central Planning Board consider the proposed Reinstatement and Amendment to the Waverly Yards Redevelopment Plan to the City of Newark Planning Board, in its entirety, to determine if such an amendment is consistent with the City’s Master Plan and for recommendations pursuant to N.J.S.A. 40A:12A-7.

 

NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

 

1.                     The Municipal Council of the City of Newark refers to the Central Planning Board of the City of Newark the proposed Reinstatement and Amendment to the Waverly Yards Redevelopment Plan to determine if such an amendment is consistent with the City’s Master Plan and for recommendations pursuant to N.J.S.A. 40A:12A-7 and directs the Central Planning Board to transmit its report on the Amendment to the Municipal Council within forty-five (45) days of referral.

 

2.                     A copy of this resolution and the Reinstatement and Amendment to the Waverly Yards Redevelopment Plan shall be filed with the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.

 

3.                     The City Clerk shall forward a true copy of this resolution and the Reinstatement and Amendment to the Waverly Yards Redevelopment Plan to the Central Planning Board and the Planning Board Attorney.

 

 

STATEMENT

 

This resolution hereby refers the Reinstatement and Amendment to the Waverly Yards Redevelopment Plan, prepared by the Department of Economic and Housing Development, to the Newark Central Planning Board, to determine if such an amendment is consistent with the City’s Master Plan and for recommendations pursuant to N.J.S.A. 40A:12A-7 and directs the Central Planning Board to transmit its report on the Amendment to the Municipal Council within forty-five (45) days of referral.