Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing (X) Amending
Type of Service: Amending the Boundaries of a Redevelopment Plan Area Prior to Plan Adoption
Purpose: To amend the list of properties referred to the Central Planning Board in resolution.
List of Property:
(Address/Block/Lot/Ward)
Properties to be added to the Plan Area:
35 Foster Street/Block 3745/Lot 23/South Ward
723-725 Frelinghuysen Avenue/Block 3745/Lot 25/South Ward
727-739 Frelinghuysen Avenue/Block 3745/Lot 27/South Ward
162-164 Dayton Street/Block 3746/Lot 33/South Ward
160 Dayton Street/Block 3746/Lot 35/South Ward
158 Dayton Street/Block 3746/Lot 36/South Ward
154-156 Dayton Street/Block 3746/Lot 37/South Ward
150-152 Dayton Street/Block 3746/Lot 39/South Ward
146-148 Dayton Street/Block 3746/Lot 41/South Ward
142-144 Dayton Street/Block 3746/Lot 43/South Ward
Properties in the Plan Area pursuant to Resolution 7R2-f(S) adopted on August 11, 2020:
741-811 Frelinghuysen Avenue/Block 3746/Lot 1/South Ward
210-236 Dayton Street/Block 3746/Lot 10 and Block 3752, Lot 25/South Ward
1-37 Ludlow Street/Block 3764/Lot 1.01/South Ward
39-83 Ludlow Street/Block 3764/Lot 1.02/South Ward
85-99 Ludlow Street, Block 3764/Lot 1.03/South Ward
101-121 Ludlow Street/Block 3764, Lot 1.04/South Ward
Additional Information:
Resolution 7R2-J(AS) adopted on February 19, 2020, designated the Newark Housing Authority as the Redevelopment Entity for certain properties in the South Ward.
Resolution 7R2-b adopted on April 21, 2020, authorized and directed the Central Planning Board to conduct a preliminary investigation as to whether certain properties meet the criteria for designation as an area in need of redevelopment.
Resolution 7R2-f(S) adopted on August 11, 2020, the Municipal Council designated certain properties as non-condemnation areas in need of redevelopment and directed the Central Planning Board to create and transmit a Redevelopment Plan and report to Municipal Council.
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WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., as amended and supplemented (the “Act”), authorizes municipalities to participate in the redevelopment and improvement of areas that are in need of redevelopment or rehabilitation; and
WHEREAS, pursuant to N.J.S.A. 40A:12A-3, a “Redevelopment Entity” is “a municipality or an entity authorized by the Governing Body of a municipality pursuant to Subsection c. of Section 4 of P.L.1992, c. 79 (C.40A:12A-4) to implement redevelopment plans and carry out redevelopment projects in an area in need of redevelopment, or in an area in need of rehabilitation, or in both”; and
WHEREAS, in accordance with N.J.S.A. 40A:12A-4(c), a municipality shall be responsible for implementing redevelopment plans and carrying out redevelopment projects and may execute these responsibilities directly, or in addition thereto or in lieu thereof, through either a municipal redevelopment agency, a parking authority authorized to exercise redevelopment powers within the municipality, or a municipal housing authority authorized to exercise redevelopment powers pursuant to Section 21 of P.L.1992, c. 79 (C.40A:12A-21); and
WHEREAS, the Municipal Council adopted Resolution 7R2-j(AS) on February 19, 2020, designating the Newark Housing Authority (the “NHA”) as the Redevelopment Entity for certain properties located at 741-811 Frelinghuysen Avenue (Block 3746, Lot 1), 210-236 Dayton Street (Block 3746, Lot 10 and Block 3752, Lot 25), 1-37 Ludlow Street (Block 3764, Lot 1.01), 39-83 Ludlow Street (Block 3764, Lot 1.02), 85-99 Ludlow Street (Block 3764, Lot 1.03), and 101-121 Ludlow Street (Block 3764, Lot 1.04) in the South Ward, referred to as the “Dayton Street Redevelopment Area”; and
WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., (the “Redevelopment Law”), authorizes municipalities to determine whether certain parcels of land constitute areas in need of redevelopment; and
WHEREAS, on April 21, 2020, the Municipal Council adopted Resolution 7R2-b authorizing and directing the Newark Central Planning Board (the “Central Planning Board”) to conduct a preliminary investigation to determine whether the following properties (“Properties”) in the South Ward meet the criteria set forth in the Act and should be designated as a Redevelopment Area, as defined by the Act:
1. 741-811 Frelinghuysen Avenue, Block 3746, Lot 1
2. 210-236 Dayton Street, Block 3746, Lot 10 and Block 3752, Lot 25
3. 1-37 Ludlow Street, Block 3764, Lot 1.01
4. 39-83 Ludlow Street, Block 3764, Lot 1.02
5. 85-99 Ludlow Street, Block 3764, Lot 1.03
6. 101-121 Ludlow Street, Block 3764, Lot 1.04; and
WHEREAS, on June 15, 2020, the Central Planning Board conducted a virtual Public Hearing, via Zoom, to review the investigation report, hear testimony, and transmit a recommendation to the Municipal Council and as a result adopted and memorialized a resolution on said date recommending that the Properties be designated a non-condemnation area in need of redevelopment; and
WHEREAS, in accordance with the Central Planning Board’s recommendation, the Municipal Council adopted Resolution 7R2-f(S) on August 11, 2020, which designated the following properties as non-condemnation area in need of redevelopment:
1. 741-811 Frelinghuysen Avenue, Block 3746, Lot 1
2. 210-236 Dayton Street, Block 3746, Lot 10 and Block 3752, Lot 25
3. 1-37 Ludlow Street, Block 3764, Lot 1.01
4. 39-83 Ludlow Street, Block 3764, Lot 1.02
5. 85-99 Ludlow Street, Block 3764, Lot 1.03
6. 101-121 Ludlow Street/Block 3764, Lot 1.04
(hereinafter, collectively the “AINOR Lots”); and
WHEREAS, pursuant to Resolution 7R2-f(S) adopted on August 11, 2020, the Municipal Council further directed the Central Planning Board to create and transmit a redevelopment plan and report for the AINOR Lots to the Municipal Council; and
WHEREAS, the preparation of the redevelopment plan is currently underway and has not been presented to the Municipal Council for adoption; and
WHEREAS, pursuant to N.J.S.A. 12A-3, a redevelopment area may include land, buildings or improvements which of themselves are not detrimental to the public health, safety or welfare, but the inclusion of which is found necessary, with or without change in their condition, for the effective redevelopment of the area of which they are a part; and
WHEREAS, the NHA has requested that the redevelopment plan, which is being prepared pursuant to 7R2-f(S) adopted on August 11, 2020 for the AINOR Lots, be extended to include the following properties (“Additional Lots”), which are immediately adjacent to the AINOR Lots, and whose inclusion the NHA has been deemed necessary for the effective development of the plan area:
1. 35 Foster Street, Block 3745, Lot 23
2. 723-725 Frelinghuysen Avenue, Block 3745, Lot 25
3. 727-739 Frelinghuysen Avenue, Block 3745, Lot 27
4. 162-164 Dayton Street, Block 3746, Lot 33
5. 160 Dayton Street, Block 3746, Lot 35
6. 158 Dayton Street, Block 3746, Lot 36
7. 154-156 Dayton Street, Block 3746, Lot 37
8. 150-152 Dayton Street, Block 3746, Lot 39
9. 146-148 Dayton Street, Block 3746, Lot 41
10. 142-144 Dayton Street, Block 3746, Lot 43; and
WHEREAS, the Additional Lots are designated as an Area in Need of Rehabilitation pursuant to Resolution 7Rdo (AS) June 15, 2005, wherein the Municipal Council designated the entire City of Newark an Area in Need of Rehabilitation in accordance with N.J.S.A. 40:12A-14 et seq.; and
WHEREAS, the AINOR Lots are scattered throughout the Dayton neighborhood and so it is consistent with sound planning practice to combine them with the intervening areas in need of rehabilitation in order to produce a comprehensive plan for the redevelopment of the area; and
WHEREAS, the inclusion of the Additional Lots within the Dayton Street Redevelopment Plan is crucial for the redevelopment of the area; and
WHEREAS, the Municipal Council wishes to amend the Resolution 7R2-f(S) adopted on August 11, 2020, only to redefine the boundaries of the Dayton Street Redevelopment Area by including additional parcels, which are designated as areas in need of rehabilitation, so that the Additional Lots may be included within the Redevelopment Plan that is being drafted, Dayton Street Redevelopment Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council amends Resolution 7R2-f(S) adopted on August 11, 2020, which directs the Central Planning Board to create and transmit a Redevelopment Plan (“Dayton Street Redevelopment Plan”) and Report to the Municipal Council for the properties located at located at 741-811 Frelinghuysen Avenue (Block 3746, Lot 1), 210-236 Dayton Street (Block 3746, Lot 10 and Block 3752, Lot 25), 1-37 Ludlow Street (Block 3764, Lot 1.01), 39-83 Ludlow Street (Block 3764, Lot 1.02), 85-99 Ludlow Street (Block 3764, Lot 1.03), and 101-121 Ludlow Street (Block 3764, Lot 1.04), collectively the AINOR Lots, to expand the plan area for the Dayton Street Redevelopment Plan.
2. The Dayton Street Redevelopment Plan shall include the AINOR Lots and the following adjacent properties (“Additional Lots”) designated as areas in need of rehabilitation, pursuant to Resolution 7Rdo(AS) adopted on June 15, 2005, designating the entire City of Newark as an Area in Need of Rehabilitation, located in the South Ward, and identified on the Official Tax Map of the City of Newark as:
1. 35 Foster Street, Block 3745, Lot 23
2. 723-725 Frelinghuysen Avenue, Block 3745, Lot 25
3. 727-739 Frelinghuysen Avenue, Block 3745, Lot 27
4. 162-164 Dayton Street, Block 3746, Lot 33
5. 160 Dayton Street, Block 3746, Lot 35
6. 158 Dayton Street, Block 3746, Lot 36
7. 154-156 Dayton Street, Block 3746, Lot 37
8. 150-152 Dayton Street, Block 3746, Lot 39
9. 146-148 Dayton Street, Block 3746, Lot 41
10. 142-144 Dayton Street, Block 3746, Lot 43
Since the Additional Lots fall within an Area in Need of Rehabilitation, the Municipal Council is authorized to adopt a redevelopment plan for said properties.
3. This amending resolution does not designate the Additional Lots as Non-Condemnation Redevelopment Area. It only directs the Central Planning Board to expand the area for the Dayton Street Redevelopment Plan to include the Additional Lots. The balance of Resolution 7R2-f(S) adopted on April 21, 2020, shall remain unchanged.
4. The Dayton Street Redevelopment Plan Area shall include the following properties:
1. 35 Foster Street, Block 3745, Lot 23
2. 723-725 Frelinghuysen Avenue, Block 3745, Lot 25
3. 727-739 Frelinghuysen Avenue, Block 3745, Lot 27
4. 741-811 Frelinghuysen Avenue, Block 3746, Lot 1
5. 210-236 Dayton Street, Block 3746, Lot 10 and Block 3752, Lot 25
6. 162-164 Dayton Street, Block 3746, Lot 33
7. 160 Dayton Street, Block 3746, Lot 35
8. 158 Dayton Street, Block 3746, Lot 36
9. 154-156 Dayton Street, Block 3746, Lot 37
10. 150-152 Dayton Street, Block 3746, Lot 39
11. 146-148 Dayton Street, Block 3746, Lot 41
12. 142-144 Dayton Street, Block 3746, Lot 43
13. 1-37 Ludlow Street, Block 3764, Lot 1.01
14. 39-83 Ludlow Street, Block 3764, Lot 1.02
15. 85-99 Ludlow Street, Block 3764, Lot 1.03
16. 101-121 Ludlow Street, Block 3764, Lot 1.04
5. The Municipal Council directs the Central Planning Board to prepare and transmit a redevelopment plan for the Dayton Street Redevelopment Area to the Municipal Council in a manner consistent with N.J.S.A. 40A:12A-7f.
STATEMENT
This resolution amends resolution 7R2-f(S) adopted on August 11, 2020, by which the Municipal Council authorized the Central Planning Board to prepare a redevelopment plan for the Dayton Street Redevelopment Area, by authorizing the Central Planning Board to expand the boundaries of the Dayton Street Redevelopment Plan to include Additional Lots.