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
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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