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HomeMy Public PortalAboutr 08:052 (I-\..e~.lIur.\.T.lIn .lIr :t.q.c (U1.lIruugq Dr I.Uctner.er1 (IN ~ JJ ~ No. OR-~? Date of Adoption . T::ml1~T"Y 16. ~ 2008 RESOLUTION OF. THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX DESIGNATING CERTAIN PROPERTIES LOCATED ON COOKE AVENUE IN THE BOROUGH AS AN AREA IN NEED OF REDEVELOPMENT UNDER THE NEW JERSEY LOCAL REDEVELOPMENT AND HOUSING LAW (N.J.S.A. 40A:I2A-I et seq.) WHEREAS, the Local Redevelopment and Housing Law, NJS.A. 40A:12A-1 et seq. (the "Redevelopment Law") authorizes municipalities to determine whether certain parcels of land located therein constitute areas in need of redevelopment; and \VHEREAS, to detemline whether certain parcels of land constitute an area in need of redevelopment, the Borough Council (the "Borough Council") of the Borough of Carteret (the ltBoroughll), by way of a resolution adopted December 20, 2007, authorized and directed the Planning Board of the Borough (the rrPlanning Boardlr) to conduct a preliminary investigation to determine whether the area consisting of Block 192, Lots 1,2 and 3 and Block 202, Lots 9, 10 and 11 (hereinafter, the "Study Area"), meets the criteria set forth inNJS.A. 40A:12A-5 and should be designated as an area in need of redevelopment; and WHEREAS, the Planning Board caused Beacon Planning and Consulting Services, L.L.C. (the "Planning Consultant") to conduct a preliminary investigation to detelmine whether the Study Area should be designated an area in need of redevelopment; and WHEREAS, on January 23, 2008, th~ Planning Board received a report and map depicting the Study Area prepared by the Planning Consultant, entitled "Cooke Avenue Redevelopment Area Assessment, Borough of Carteret, New Jersey" and dated [December 2007/January 2008] (the "Report"), concerning the determination of the Study Area as an area in need of redevelopment; and 'VHEREAS, the Redevelopment Law requires the Plamling Board to conduct a public hearing prior to making its detennination whether the Study Area should be designated as an area in need of redevelopment, at which hearing the Plal1Iling Board shall hear all persons who are interested in or would be affected by a detennination that the Study Area is a redevelopment area; and "'HEREAS, the Redevelopment Law further requires the Planning Board, prior to conducting such public hearing, to publish notice of the hearing in a newspaper of general ci~culation in the municipality once each week for two consecutive weeks, with the last publication made not less than ten days prior to such public hearing; and : ( 13030-025 337698-1 NO. O~.52. PAGE 2 'VHEREAS, the Redevelopm.ent Law further requires' such notice to be mailed at least ten days prior to such public hearing to the last owner(s) of the relevant propeliy(ies) according to the Borough's assessment records; and 'VHEREAS, the Planning Board caused the aforementioned notices to be published on January 5 and January 12, 2008 in the Home News Tribune and served by mail on the last owner( s) of the relevant properties according to the Borough's assessment records on January 10, 2008, all in accordance with the requirements of the Redevelopment Law; and WHEREAS, on January 23, 2008, the Planning Board reviewed the Report, heard testimony from representatives of the Planning Consultant, conducted a public hearing during which members of the general' public were given an opportunity to present their own evidence and/or to cross-examine the Planning Consultant concerning the potential designation of the Study Area"as an area in need of redevelopment; and ...,. WHEREAS, the Planning Consultant concluded in the Report and testified to the Planning Board on January 23, 2008 that: (i) the entire Study Area satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A:12A-5b, 5g and 5h; (ii) Block 202, Lots 9, 10 and 11 satisfy the criterion set forth in N.J.S.A. 40A:12A-5c; (iii) Block 192, Lots 2 and 3 satisfy the criterion set forth iu N.J.S.A. 40A:12A-5d; (iv) Block 192, Lot 2 satisfies the criterion set forth in N.J.S.A. 40A:12A-5e; and (v) Block 192, Lot I should be included in a designated redevelopment area in order to create a contiguous land area for the effective redevelopment of the north side of Block 192, pursuant to N.J.S.A. 40A:12A-3; and 'VHEREAS, members of the general public were provided with an opportunity to present evidence concerning the potential designation of the Study Area as an area in need of redevelopment; and 'VHEREAS, members of the general public were provided \vith an oppOliunity to cross-examine the Planning Consultant, and to address questions to the Planning Board .and its representatives, conceming the potential desi$llation of the Study Area as an area in need of redevelopment; 'VHEREAS, after the conclusion of the public hearing described above, the Planning Board adopted a resolution recommending that the Borough Council designate the Study Area as an area in need of redevelopment pursuant to the Redevelopment Law; and WHEREAS, the Borough Council agrees with the conclusion of the Planning Board that that: (i) the entire Study Area satisfies the criteria for redevelopment NO. 08-.52 PAGE 3 area designation set forth in N.J.S.A. 40A:12A-5b, 5g and 5h; (ii) Block 202, Lots 9, 10 and II satisfy the criterion set forth in N.J.S.A. 40A:12A-5c; (iii) Block 192, Lots 2 and 3 satisfy the criterion set forth In N.J.S.A. 40A:12A-5d; (iv) Block 192, Lot 2 satisfies the criterion set forth in N.J.S.A. 40A:12A-5e; and (v) Block 192, Lot 1 should be included in a designated redevelopment area in order to create a contiguous land area for the effective redevelopment of the north side of Block 192, pursuant to N.J.S.A. 40A:12A-3, and the Borough Council finds that such conclusion is supported by substantial evidence; and \VHEREAS, the Borough Council now desires to designate the Study Area as an are.a in need of redevelopment, pursuant to N.J.S.A. 40A: 12A-6. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Carteret, in the County of Middlesex, New Jersey as follows: 1. The aforementioned recitals are incorporated herein as though fully set forth at length. 2. The property consisting of Block 192, Lots I, 2 aud 3 and Block 202, Lots 9, 10 and 11 located along Cooke A venue in the Borough. satisfies the criteria for redevelopment area designation as follows: (i) the entire Study Area satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A:12A-5b, 5g and 5h; (ii) Block 202, Lots 9, 10 and 11 satisfy the criterion set forth in N.J.S.A. 40A:12A-5c; (Iii) Block 192, Lots 2 and 3 satisfy the criterion.set forth in N.J.S.A. 40A:12A-5d; (Iv) Block 192, Lot 2 satisfies the criterion set forth in N.J.S.A. 40A: 12A-5e; and (v) Block 192, Lot I should he included in a designated redevelopment area in order to create a contiguous land area for. the effective redevelopment of the north side of Block 192, pursuant to N.J.S.A. 40A:12A-3, and such property is hereby designated as an area. in need ofredevelopment. 3. This resolution shall take effect immediately. Adopted this 24th day of January, 2008 and certified as a tme copy of the original on January 25, 2008. KATHLEENM. BARNEY, MMC Municipal Clerk COUNCILMAN RECORD OF COUNCIL VOTE YES NO NY A.B. COUNCILl\lAN X X YES NO NY. A.B. _I}.!;:LUNO DIAZ KRUM. X x - Indicate Vote AB ~ Absent NV ~ Not Voting XOR -lndicales Vole to Overrule VelO Adopted at a meeting of the Municipal Council 13030-025337698-1 /- Januar ~':,;{&e'. CLE f JON S. CORZINE Governor EMnte of Nrur JJrnwy DEPARTMENT OF COMMUNITY AFfl\Ifl,s':(\(\ OFFICE OF SMART GROWTl4\;;:' /,,)/ 101 SOUTH BROAD STRElfIl/ PO Box 204 \;.\l TRENTON NJ 08625-0204 \ February 14, 2008 \ .'cr ,',~<\\, "'<:;'\ \ " . I JOSEPH V. DORIA, JR. Commissioner BENJAMIN L. SPINEI.L1 Executive Director The Honorable Daniel J. Reiman Mayor, Borough of Carteret 61 Cooke Avenue Carteret, NJ 07008 Re: Review of Area in Need of Redevelopment Designation Dear Mayor Reiman: We are in receipt of Resolution 08-52 designating the Block 192, Lots 1,2, & 3, Block 102, Lots 9, 10, & 11, as an area in need of redevelopment pursuant to N.J.S.A. 40A:12A-6. The Office of Smart Growth has determined that the designated area is situated in a Metropolitan Planning Area (PAl), an area in which development and redevelopment are encouraged according to the State Development and Redevelopment Plan. In accordance with N.J.S.A. 40A:12A-6, the Borough's approval took effect upon transmittal to the Department of Community ^ lfairs, and no further action is necessary from the Department to effectuate your designation. I . The approval of this designation by the Department of Community Affairs is based upon the geographic location of the proposed redevelopment area in relation to the State Planning Act and State Development and RedevelopmentPlan. The Department's approval of this designation should not be construed as, and does not constitute, a detennination by the Department that the decision of the local governing body that the area in question is an area in need of redevelopment otherwise complies with the pertinent requirements of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-l et seq., and other applicable legal principles governing the designation of areas in need of redevelopment under that Law. As you take the next steps in the redevelopment process, I encourage you to contact the Office of Smart Growth who can provide technical assistance to assist your community in advancing these efforts. Please feel free to contact the Office of Smart Growth at (609) 292-7156 if you need further assistance. Sincerely, 'fl' ~ Spinelli Executive Director I BS:wt cc: Kathleen M. Barney, Borough of Carteret Clerk George Ververides PP, AICP Middlesex County Planner Julius Richards, Planner, OSG Emily Templeton, Division of Codes and Standards Borough of Carteret Redevelopment Folder New Jersey Is An Equal Opportunity Employer . Printed on Recycled Paper and Recyclable