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[AN ORDINANCE REINSTATING THE NEWARK PLAZA N.J.R-58 URBAN RENEWAL PLAN OF THE CITY OF NEWARK AS APPLIED TO PROPERTIES DESIGNATED AS BLOCK 128, LOT 1.01; BLOCK 128.01, LOT 1.03; BLOCK 130, LOTS 1 and 12; BLOCK 133, LOT 1; BLOCK 134, LOT 10; AND BLOCK 136, LOTS 63.01, 63.02 AND 63.03 ("PROPERTY") ON THE TAX MAPS OF THE CITY OF NEWARK AND REAFFIRMING APPLICATION OF THE DEVELOPMENT REGULATIONS SET FORTH IN THE URBAN RENEWAL PLAN TO THE PROPERTY]
BodyWHEREAS, through the adoption of Resolution 7RT, adopted on July 10, 1961; Resolution 7RBO, adopted on February 16, 1977; and Resolution 7RBY, adopted on November 6, 1991, 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.;
WHEREAS, the properties declared blighted, included but were not limited to, the properties designated as Block 128, Lot 1.01; Block 128.01, Lot 1.03; Block 130, Lots 1 and 12; Block 133, Lot 1; Block 134, Lot 10; and Blocks 136, Lots 63.01, 63.02 and 63.03 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 N.J.R-58 Urban Renewal Plan for the Newark Plaza Project Area by Resolution 7RH on October 16, 1963, which was last amended by the Council on August 5, 1992 by Ordinance 6S&FC, and a copy of which is attached hereto as Exhibit A ("Urban Renewal Plan"); and
WHEREAS, throughout the years properties located in the blighted area were developed in accordance with the development standards set forth in the Urban Renewal Plan including, Block 136, Lot 63.03 which has a street address of One Riverfront Plaza, commonly referred to as the Newark Legal Center; Block 136, Lot 63.02 commonly referred to as Two Riverfront Center; and Block 128, Lot 1.01, Block 128.01, Lot 1.03 and Block 136, Lot 63.01 that are improved with an underground parking garage (collectively referred to as the "Developed Properties"); and
WHEREAS, properties designated as Block 130, Lot 1, Block 130, Lot 12, Block 133, Lot 1 and Block 134, Lot 10 have remained vacant and unimproved since their initial blight designation (collectively referred to as the "Vacant Properties"); and
WHEREAS, on June 15, 2005, the Municipal Council adopted Resolution 7RDO(AS) declaring the entire City as an area in need of rehabilitation; and
WHEREAS, the Municipal Council has determined and seeks to reaffirm that the Vacant Properties 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-14; and
WHEREAS, on August 7, 2013 the Municipal Council adopted Ordinance 6PSF-I entitled, "Ordinance Adopting Newark's River: Public Access & Redevelopment Plan in order to: (i) provide appropriate land use regulations to redevelop Newark's riverfront; (ii) amend zoning to support riverfront redevelopment including housing, offices, retail, industry, and open space; (iii) connect existing neighborhood to the riverfront through harmonious and walkable development; (iv) provide design guidance to protect view corridors and create appropriate setbacks from the river's edge; and (v) ensure inclusion of public access to, along, and onto the river in all redevelopments in order to implement the 'Public Trust Doctrine'" ("Public Access Redevelopment Plan"); and
WHEREAS, the implication of the adoption of the Public Access Redevelopment Plan caused the zoning of numerous properties within the City to be regulated in accordance with the standards set forth in the Public Access Redevelopment Plan, including but not limited to the subject Property; 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 Urban Renewal Plan; and
WHEREAS, the Municipal Council has determined that the development standards set forth in the Urban Renewal Plan were appropriate for the development of the Developed Properties, which established a pattern of development in the immediately surrounding area; and
WHEREAS, the development standards continue to be appropriate for any future development and/or any expansion or addition to the improvements on the Developed Properties; and
WHEREAS, the Municipal Council has determined that the development standards set forth in the Urban Renewal Plan continue to be appropriate for the development of the Vacant Properties in order to continue the pattern of development that has occurred immediately adjacent to the Vacant Properties as a result of the development of the Developed Properties; and
WHEREAS, on February 4, 2015, the Municipal Council sought to express its intention to continue the applicability of the Urban Renewal Plan to the Property through the adoption of Ordinance 6PSF-C 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 ("2015 Rezoning Ordinance"; and
WHEREAS, the 2015 Rezoning Ordinance specifically stated, "[t]he zoning for Block 128, Lot 1.01, Block 130, Lots 1 and 12, Block 133, Lot 1, Block 134, Lot 10, and Block 136, Lots 63.01, 63.02, 63.03 shall be the zoning outlined in the Newark Plaza N.J.R-58 Urban Renewal Project as last amended on August 5, 1992 (6S&FC) in its entirety"; and
WHEREAS, the Municipal Council inadvertently neglected to include Block 128, Lot 1.01 in the declaration set forth in the 2015 Rezoning Ordinance related to the zoning of the Property; and
WHEREAS, it is the Municipal Council's intention to reaffirm the continued validity of the Urban Renewal Plan as it relates to the development of the Property and its application to the Property; and
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. The Municipal Council hereby reaffirms that the Vacant Properties designated as Block 130, Lot 1; Block 130, Lot 12; Block 133, Lot 1; and Block 134, Lot 10 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-14.
Section 2. The Municipal Council hereby determines and finds that the development standards set forth N.J.R-58 Urban Renewal Plan for the Newark Plaza Project Area by Resolution 7RH on October 16, 1963, which was last amended by the Council on August 5, 1992 by Ordinance 6S&FC continue to remain appropriate for the development of the Property designated as Block 128, Lot 1.01; Block 128.01, Lot 1.03; Block 130, Lots 1 and 12; Block 133, Lot 1; Block 134, Lot 10; and Blocks 136, Lots 63.01, 63.02 and 63.03.
Section 3. The Municipal Council hereby determines that the Urban Renewal Plan is reinstated and valid as applied to the Property.
Section 4. The Municipal Council hereby declares that the Urban Renewal Plan as applied to Property shall supersede all previous zoning standards and development regulations.
Section 5. The Municipal Council hereby directs the Public Access Redevelopment Plan to be amended to delete reference to the Property and its application to the Property.
Section 6. The Municipal Council hereby amends the zoning district map of the City of Newark to reflect the boundary change and that the Property is zoned in accordance with the development standards of the Urban Renewal Plan.
Section 7. 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:12A-7.
Section 8. The City Clerk is hereby directed to file a copy of the Urban Renewal Plan with a copy of the minutes of this meeting.
Section 9. 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 10. 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 11. 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 130, Lot 1; Block 130, Lot 12; Block 133, Lot 1; and Block 134, Lot 10 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 N.J.R-58 Urban Renewal Plan for the Newark Plaza Project Area, as last amended by Ordinance 6S&FC on August 5, 1992 by the Council, is reinstated and valid as applied to Block 128, Lot 1.01; Block 128.01, Lot 1.03; Block 130, Lots 1 and 12; Block 133, Lot 1; Block 134, Lot 10; and Blocks 136, Lots 63.01, 63.02 and 63.03; and (c) hereby determines and finds that the development standards set forth N.J.R-58 Urban Renewal Plan for the Newark Plaza Project Area, as last amended by Ordinance 6S&FC on August 5, 1992 by the Council, continue to remain appropriate for the development of property designated as Block 128, Lot 1.01; Block 128.01, Lot 1.03; Block 130, Lots 1 and 12; Block 133, Lot 1; Block 134, Lot 10; and Blocks 136, Lots 63.01, 63.02 and 63.03.