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HomeMy Public PortalAbout2023-01-23 PowerPoint Presentation - Special Meeting - Cigna PropertyBorough of Franklin Lakes Special Joint Meeting Mayor & Council and Planning Board January 23, 2023 Franklin Avenue Middle School Multipurpose Room –7 PM AGENDA 1.Meeting Called to Order 2.Roll Call 3.Sunshine Law Statement: In compliance with the Open Public Meetings Law, notification of this meeting has been sent to our official newspapers, notice has been posted on the Borough website and on the Bulletin Board at Borough Hall. 4.Flag Salute 5.Moment of Silent Appreciation to Our Veterans 6.Introductory Remarks by Mayor Charles J. X. Kahwaty 7.Overview of Affordable Housing Law by Affordable Housing Counsel Michael J. Edwards, Esq. 8.Overview of Redevelopment Process by Borough Planner Elizabeth McManus, P.P. 9.Time for Public Comment 10.Adjournment AGENDA SUBJECT TO ADDITIONS AND/OR DELETIONS To receive notice of upcoming Mayor and Council meetings, with a link to the agenda, sign up for the Borough’s weekly e-blast on the Borough website, www.franklinlakes.org. Cigna Property Information Session Borough of Franklin Lakes | January 23, 2023 Elizabeth McManus, PP, AICP Michael Edwards, Esq. SURENIAN, EDWARDS & NOLAN LLC Agenda 1.Opening Remarks 2.Overview of affordable housing 3.Cigna Property and potential development process 4.Overview of redevelopment process 5.Closing Remarks 6.Public questions and comments Mount Laurel I&II: 1975/1983 (the genesis of Mount Laurel). Municipalities cannot use power to zone to exclude low- and moderate-income households. Each municipality must create zoning to address its quota (referred to as its "fair share"). Builder's Remedy: Created by Mount Laurel II. When a landowner/developer can demonstrate, among other things, that a municipality has failed address its quota, it can sue the town and seek, as its remedy, a court-mandated rezoning of its property for high-density multifamily uses with affordable housing. The Fair Housing Act ("FHA"): Adopted in 1985. Created the "Council on Affordable Housing“, or COAH, as the primary alternative to builder's remedy litigation for Mount Laurel compliance. Fair Share (quota): The total number of affordable units/credits a municipality needs to be compliant. There are many components of the "fair share“. Most relevant is the Borough’s "new construction" quota of 1,067 stemming all the way back to 1987. Vacant Land Adjustment: For municipalities that lack sufficient developable land to meet its full quota –including Franklin Lakes. The quota is adjusted downwards into a "realistic development potential" or RDP. The calculation is done at a specific point in time and says to the Court, "judge, I do not have sufficient land to create a realistic opportunity for the construction of X, but I do have sufficient land to create a realistic opportunity for Y". The Borough's RDP is 340. Changes in circumstances: COAH's grants of substantive certification and relevant case law require a municipality to account for certain changes in circumstances that occur after the "point in time" calculation of RDP. Unmet Need: The difference between the assigned quota (1,067) and the RDP (340). The Borough’s unmet need is 727. “Unmet need" does not go away and COAH’s second round regulations impose certain obligations with respect to it. Inclusionary Development Densities: COAH minimum –6 units per acre High Mountain Golf Course –8 units per acre, after substantial negotiation. Bergen County has densities as high as 25+ units per acre. Inclusionary Development: Residential development with a mix of market-rate and affordable housing units. Typical affordable housing set- asides are 15% or 20%. Court Approval Process: Since 2015, the trial courts have processed all affordable housing actions. The Court appoints its own expert, known as a "Special Master". In addition, Fair Share Housing Center ("FSHC"), a nonprofit housing advocacy group, is an interested party in all such post- 2015 actions. Fair Share Plan: The municipality's plan to meet its quota. If it is approved by a Court, a municipality receives a Judgment of Compliance and Repose, or JOR -which grants certain protections from builder’s remedy litigation. Borough Affordable Housing Status •The Borough filed an action seeking approval of its affordable housing plan in 2015. •A Judgement of Repose was received October 2019. •Potential loss of planning and zoning control •Extended litigation has typically disfavored municipalities Developer Negotiation-Municipal Choice •Enhanced municipal control over development Control over planning and zoning •Reduced litigation costs Litigation Risks Negotiation Cigna Site: Parsons Pond Dr.| Block 2607, Lot 1 88 acres Built in 1970 Building area: 647,000 s.f. Potential Development Process •Conduct information Session on the background and context •This meeting •Opportunity for public input. •Conduct information Session on the development proposal •February 1st •Opportunity for public input. •Enter into Agreement with developer Potential Development Process (continued) •Designate the site as an Area In Need of Redevelopment. •Opportunity for public input. •Adopt Redevelopment Plan. •Opportunity for public input. •Application for Planning Board Site Plan approval. •Opportunity for public input. Redevelopment Designation Process •Prepare Preliminary Investigation. •A study to determine if the site meets the redevelopment criteria. •Planning Board holds a public hearing on the Preliminary Investigation. •Opportunity for public input. •Planning Board recommends to Mayor and Council to designate all, none or some of the site as an Area In Need of Redevelopment. •Mayor and Council consider the recommendation and designate all, none or some of the site as an Area In Need of Redevelopment. Redevelopment Plan Adoption Process •Same process as a zoning ordinance: •Mayor and Council introduce the plan. •Planning Board referral and Master Plan review. •Mayor and Council hold a public hearing •Opportunity for public input. Closing Remarks Michael Edwards, Esq. Thank you! Comments | Questions Elizabeth McManus, PP, AICP Michael Edwards, Esq. SURENIAN, EDWARDS & NOLAN LLC