File #: 24-1125    Version: 1 Name: Sixth Amendment to the Newark's River: Public Access and Redevelopment Plan Adoption
Type: Ordinance Status: Adopted
File created: 8/7/2024 In control: Economic and Housing Development
On agenda: 8/13/2024 Final action: 9/5/2024
Title: AN ORDINANCE ADOPTING THE SIXTH AMENDMENT TO NEWARK'S RIVER: PUBLIC ACCESS AND REDEVELOPMENT PLAN.
Sponsors: Michael J. Silva, Louise Scott-Rountree

Title

AN ORDINANCE ADOPTING THE SIXTH AMENDMENT TO NEWARK’S RIVER: PUBLIC ACCESS AND REDEVELOPMENT PLAN.

 

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WHEREAS, on June 15, 2005, the Municipal Council adopted Resolution 7Rdo(AS), in order to stimulate the reinvigoration of the City of Newark (the “City”), and designated the entire City as an area in need of rehabilitation, pursuant to the Local Redevelopment and Housing Law, N.J.S.A.40A:12A-1 et seq., (the “Act”); and

 

WHEREAS, on August 7, 2013, the Municipal Council adopted Ordinance 6PSF-i adopting the Newark’s River: Public Access and Redevelopment Plan (the “Original Plan”); and

 

WHEREAS, on October 11, 2017, the Municipal Council adopted Ordinance 6PSF-a(S) adopting the First Amendment to Newark’s River: Public Access and Redevelopment Plan (“First Amended Plan”); and

 

WHEREAS, on February 27, 2018, the Municipal Council adopted Ordinance 6PSF-a(S) adopting the Second Amendment to Newark’s River: Public Access and Redevelopment Plan (“Second Amended Plan”); and

 

WHEREAS, on April 3, 2019, the Municipal Council adopted Ordinance 6PSF-a adopting the Third Amendment to Newark’s River: Public Access and Redevelopment Plan (“Third Amended Plan”); and

 

WHEREAS, on April 7, 2021, the Municipal Council adopted Ordinance 6PSF-b adopting the Fourth Amendment to Newark’s River: Public Access and Redevelopment Plan (“Fourth Amended Plan”); and

 

WHEREAS, on November 4, 2021, the Municipal Council adopted Ordinance 6PSF-b adopting the Fifth Amendment to Newark’s River: Public Access and Redevelopment Plan (“Fifth Amended Plan”); and

 

WHEREAS, on May 22, 2024, the Municipal Council adopted Resolution 7R2-i

designating the property located at 450-466 Market Street, Block 175, Lot 1, and 31-39 Jefferson Street, Block 175, Lot 80 (collectively the “Properties”) a Non-Condemnation Redevelopment Area in Need of Redevelopment and directed the Newark Central Planning Board (the “Central Planning Board”) to create and transmit a Redevelopment Plan and report to  the Municipal Council, pursuant to the Local Housing and Redevelopment Law, N.J.S.A. 40A:12A-1 et seq., to include an identification of any provision in the proposed Redevelopment Plan, which is inconsistent with the Master Plan and recommendations concerning those inconsistencies and any other matter as the Central Planning Board deems inappropriate; and

 

WHEREAS, the Properties have been part of the Original Plan since its adoption; however, the Ironbound Zoning Map included in the plan did not provide a zoning district for the property located at 31-39 Jefferson Street, Block 175, Lot 80, so in order for a comprehensive redevelopment project to take place involving the Properties, which are in common ownership, the Municipal Council desires to amend the Ironbound Zoning Map to include Block 175, Lot 80 within the “Mixed Use 2 (Medium-Density Residential, Office, Retail)” District, which requires a further amendment to the Original Plan, as modified by the First, Second, Third, Fourth and Fifth Amendments; and

 

WHEREAS, pursuant to Resolution 7R2-a(S), adopted on June 25, 2024, the Municipal Council referred a proposed Sixth Amendment to Newark’s River: Public Access and Redevelopment Plan, to the Central Planning Board to prepare a report to determine if the Sixth Amendment is consistent with the City’s Master Plan and for recommendations pursuant to N.J.S.A. 40A:12A-7, et seq.; and

 

WHEREAS, the proposed Sixth Amendment included the following amendments:

 

                     Amend the maximum permitted height for Block 175, Lot 1 and Block 175, Lot 80 to a maximum of thirty (30) stories to facilitate a transformative redevelopment project subject to certain requirements related to the provision of publicly accessible open space or a contribution in lieu of providing open space to support the development of Riverfront Park; and

                     Require Active Street Front Design elements, as set forth in Section 8-P of the Original Plan, along the Congress Street, Jefferson Street, and Market Street frontages of Block 175, Lot 1 and Block 175, Lot 80; and

                     Public parking shall be a permitted use within a parking structure developed as part of a mixed-use project that includes commercial and residential uses on Block 175, Lot 1 and Block 175, Lot 80, and that a minimum of one hundred fifty (150) publicly accessible parking spaces shall be provided in such a development; and

                     To reclassify Block 170, Lot 1 (973-941 Raymond Boulevard), Block 170, Lot 20, and Block 171, Lot 40 (50-58 Jersey Street) from the “Open Space” Land Use District to the “Mixed-Use 2 (Medium-Density Residential, Office, Retail)” District, which reverses a change made by the First Amended Plan, to address ongoing litigation; and

                     The maximum permitted height for Block 170, Lots 1, 20, and 40 shall be twelve (12) stories and 145 feet, unless certain requirements related to the provision of publicly accessible open space or a contribution in lieu of providing open space to support the development of Riverfront Park are met, in which case up to twenty-five (25) stories shall be permitted; and

                     To reclassify Block 171, Lot 11 (12-18 Jersey Street), Block 172, Lot 1 (Block 15-17 Jersey Street), and Block 172, Lot 3 (23-67 Jersey Street) from the “Open Space” Land Use District to the “Mixed Use 1 (Residential, Light Industrial, Retail)” District.  The change in land use classification to Block 171, Lot 11, and Block 172 Lots 1 and 3, is for purposes of valuation as the City intends to acquire the parcels for open space purposes, which remains a permitted use in the Mixed Use 1 District; and

                     

WHEREAS, the Central Planning Board conducted a Public Hearing on July 8, 2024 and adopted a Memorialization Resolution, affirming that the proposed Sixth Amendment to Newark’s River: Public Access and Redevelopment Plan is consistent with the City’s Master Plan and recommending that the Municipal Council require as a pre-requisite for any development agreement that any prospective redeveloper of the site at Block 175, Lots 1 and 80 hold at least one (1) public meeting in the neighborhood in coordination with the East Ward Councilman’s office and engage in a meaningful public process to review the potential development, community concerns and community benefits prior to submission of an application for site plan approval to the Central Planning Board (“Public Meeting Prerequisite”); and

 

WHEREAS, the Central Planning Board now recommends that Municipal Council approve the Sixth Amendment to Newark’s River: Public Access and Redevelopment Plan as set forth in Exhibit A attached hereto and made a part of this Ordinance, subject to the Public Meeting Prerequisite; and

 

                     WHEREAS, the Municipal Council has determined that it is in the best interest of the public to adopt the Sixth Amendment to Newark’s River: Public Access and Redevelopment Plan in the form recommended by the Central Planning Board as attached hereto subject to the Public Meeting Prerequisite.

 

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

 

SECTION 1.                     The foregoing recitals are incorporated herein as if set for in full.

 

SECTION 2.                     The Municipal Council hereby adopts the Sixth Amendment to Newark’s River: Public Access and Redevelopment Plan, in the form attached hereto as Exhibit A and made a part of this Ordinance, in accordance with the recommendations of the Central Planning Board’s Memorialization Resolution adopted on July 8, 2024, subject to the Public Meeting Prerequisite.

 

SECTION 3.                     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.

 

SECTION 4.  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 o competent jurisdiction to be invalid, illegal, or unconstitutional, the remaining provisions shall continue in full force and effect.

 

SECTION 5. The Deputy Mayor/Director of the Department of Economic and Housing Development is hereby directed to file a copy of this Ordinance and the Sixth Amendment to Newark’s River: Public Access and Redevelopment Plan with the Office of the City Clerk.

 

                     SECTION 6.                     This Ordinance shall take effect in accordance with the laws of the State of New Jersey after final passage and publication.

 

SECTION 7.  Codification. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

 

STATEMENT

 

This Ordinance adopts the Sixth Amendment to Newark’s River: Public Access and Redevelopment Plan as set forth in Exhibit A attached hereto and made a part of this Ordinance.