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HomeMy Public PortalAboutOrd. 08-04 No. 08-04 <IDrottt&ttt.e of tIr,e tiorougIr ofQI&der.et, ~L JJ. ( Councilman Presents the following Ordinance Seconded by Councilman ORDINANCE OF THE BOROUGH OF CARTERET, IN THE ) COUNTY OF MIDDLESEX, AMENDING THE REDEVELOPMENT PLAN FOR THE MIDDLESEX AVENUE RESIDENTIAL REDEVELOPMENT AREA WHEREAS, on October 28, 2004, the Borough Council (the "Borough Council") of the Borough of Carteret (the "Borough") adopted resolution number 04-336, requesting that the Borough Planning Board (the "Planning Board") determine whether certain real prope.rty located within the Borough constitutes an "area in need of redevelopment" pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the "Redevelopment Law"); and \VHEREAS, on January 27, 2005, the Borough Council adopted resolution number 05-46, specifying that the proposed redevelopment study area be comprised of Block 242, Lots 1,2,3 and 5 on the tax map ofthe Borough (collectively, the "Redevelopment Area"); WHEREAS, Beacon Planning and Consulting Services, L.L.C. (''BPCS'') prepared a Property assessment of the Redevelopment Area, entitled "Redevelopment Area Assessment: Middlesex Avenue, Carteret, New Jersey" and dated June 2005 (the ''Property Assessment"); and ( WHEREAS, BPCS concluded that the Redevelopment Area met the statutory requirements to be detennined to be an "area in need of redevelopment" under the Redevelopment Law; and WHEREAS, on September 21, 2005, the Planning Board adopted a resolution of findings and conchisions based upon the Property Assessment determining, among other things, to recommend to the Borough Council that the Redevelopment Area be designated an "area in need of redevelopment" by the Borough; and WHEREAS, on August II, 2005, the Borough Council, following the recommendation ofthe Planning Board, adopted resolution number 05-246, detemlining that the Redevelopment Area constitutes an "area in need of redevelopment" under the Redevelopment Law; and WHEREAS, BPCS thereafter prepared a redevelopment plan for the Middlesex Avenue Redevelopment Area, dated October 4,2005 (the ''Redevelopment Plan"); and WHEREAS, on October 30, 2005, the Planning Board adopted a resolution of findings aI}~.tcol1clusions, determining that the Redevelopment Plan is not inconsistent with the BorOl{gIf's Master Plan or the Master Plans of Woodbridge, Rahway and Linden, the Middlesex County Master Plan or the State Development and Redevelopment Plan and endorsing and recommending fmal adoption of the Redevelopment Plan; and \, 13030..Q36337921-1 NO. OS 0" PAGE 2 .'. 'VHEREAS; on December 15, 2005, the Borough Council, pursuant to Section 7 of he Redevelopment Law (N.I$.A. 40A: 12A-7) and based on the recommendation of the lanning Board, adopted ordinance number 05~62, approving and adopting the edevelopment Plan; and WHEREAS, on December 20, 2007, the Borough Council directed the Planning card to consider certain amendments to the Redevelopment Plan, specifically, to expand he Plan Interpretation to provide for short-term temporary uses that will advance other edevelopment projects in th,e Borough, to 'pennit limited, light industrial uses, on a emporary basis, in the Redevelopment Area, and to amend the prohibited uses to reflect ueh temporary, limited, light industrial uses in the Redevelopment Area; and WHEREAS, BPCS prepared an amendment to the Redevelopment Plan (the 'Amendment"), a copy of which is attached hereto as Exhibit A, and, on January 23,2008, resented same to the Planning Board; and WHEREAS, on January 23, 2008, the Planning Board adopted a resolution of mdings and conclusions, determining that the Amendment is not inconsistent with the orough's Master Plan or the Master Plans of Woodbridge, Rahway and Linden, the iddlesex County Master Plan or the State Development and Redevelopment Plan and ndorsing and recommending final adoption ofthe Amendment; and WHEREAS, the Borough Council hereby finds that the Amendment is in the best nterest of the Borough and now desires to adopt the Amendment. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the orough of Carteret as follows: 1. The aforementioned recitals are incorporated herein as though fully set forth at ength. 2. The Amendment to the Middlesex Avenue Residential Redevelopment Plan, ttached hereto as Exhibit A and made a part hereof, is hereby approved pursuant to .I.S.A. 40A:12A-7. 3. The sections of the Zoning Map of the Borough that relate to the Redevelopment ea are hereby amended to incorporate the provisions of the Amendment. 4. If any part of this Ordinance shan be deemed invalid, such parts shall be severed nd the iny~lidity thereby shan not affect the remaining parts ofthis Ordinance. "''''''G;-,~ 5. A copy of this Ordinance shan be available for public inspection at the offices of he Borough Clerk. 6. This Ordinance shall take effect immediately upon final adoption and publication hereof according to law. ' 7. Upon final adoption hereof, the Borough Clerk shall fonvard certified copies of his Ordinance to McManimon & Scotland, L.L.C., attn: Kevin P. McManimon, Esq., pecial Redevelopment Counsel to the Borough. l 3030-036 337921-1 N008-04 PAGE 3 EXHIBIT A AMENDMENT TO MIDDLESEX AVENUE RESIDENTIAL REDEVELOPMENT PLAN DO NOT USE SPACE BELOW THIS LlNE COUNCILMAN RECORD OF COUNCIL VOTE YES NO NY A.B. COUNCILI\-tAN YES NO NY A.B. I1LllN" PJ;ft7. UM x x X X NAPLES RIDS SITARZ x - Indicate Vote AB + Absent NV - Not Voting XOR ~ Indicates Vote to Overrule Veto I. Adopted on first reading of the Council of the Borough of"Carteret, N.J., on Februar 21 ?fi , ?t1()A T nnnn....y 2008 ----- AFFIDAVIT OF PUBLICATION / The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home Ne\vs Tribune, a newspaper which is printed jn Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. one (1) times, once in each issue as follows: I>/i" . '. "''':\j;: February 4, 2008 -r&~-",./ a ~~ Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2 2011 " ' Sworn and subscribed. ~efore " me this t;fi day oR QavL"""-:::I1 U d- aD/" ':k',L. athleen 1\'[. Barney, MMC Municipal Clerk D ~ ~<6~Dt AFFIDAVIT OF PUBLICATION The following is a true copy of. an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. one (1) times, once in each issue as follows: February 28, 2008 {~~~ Cl ~~ Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before me thisd ~Mday of Q~",y.., , -II :::>-- o::;),f /. Z'a.4 Kathleen M. Barney, Municipal Clerk l / () ~ b<6-0v\