HomeMy Public PortalAboutr 08:121
2K.e~olutto1t ot tlf.e~Or01tg!J ot lllctrt.er.et1 ~ ~ jJ ~
No. 08-121
Date of Adoption
M~y s<, 2008
RESOLUTION OF THE BOROUGH OF CARTERET, IN THE
COUNTY OF MIDDLESEX, NEW JERSEY DESIGNATING A
REDEVELOPER AND AUTHORIZING EXECUTION OF AN
AGREEMENT FOR THE REDEVELOPMENT OF A PORTION OF
THE WEST CARTERET MINUE STREET RETAIL
REDEVELOPMENT AREA
WHEREAS, the New Jersey Local Redevelopment and Honsing Law, NJ.S.A. 40A:12A-
1 et seq. (the ''Redevelopment Law") authodzes municipalities to determine whether
certain parcels of land located therein constitute areas in need of redevelopment; and
WHEREAS, on October 24, 2004 and January 27, 2005, the Borough Council adopted
resolutions numbered, respectively, 04-337 and 05-47, collectively requesting that the
Borough Planning Board (the "Planning Board") determine whether certain real property
located within the Borough COllStih.!.tes an "area in need of redevelopment" pursuant to the
Redevelopment Law; and
WHEREAS, Beacon Planning and Consulting Services, L.L.C. ("BPCS") prepared a
Property assessment entitled "West Carteret Minue Street Retail Redevelopment Area
Assessment" dated April 2005 ("Property Assessment"), of properties commonly known as
Block 50.1 Lots 1-5,7-9, 18, 19,20.01 - 20.04, 21-26, 32.01, 32.03 and Block 373, Lots
1-19 on the tax map of the Borough (collectively, the "Assessment Area"), in which BPCS
concluded that the Assessment Area met the statutory requirements to be detennined to be
an "area in need of redevelopment" under the Redevelopment Law; and
\VHEREAS, on May 25, 2005, the Planning Board adopted a resolution of findings and
conclusions, based upon the Property Assessment determining, among other things, to
recommend to the Borough Council that the Assessment Area be designated an "area in
need of redevelopment" by the Borough; and
WHEREAS, on July 21, 2005, the Borough Council, following the recommendation ofthe
Planning Board, adopted resolution number 05-227, determining that the Assessment Area
constitutes an "area in need of redevelopment" under the Redevelopment Law, which area
was designated the \Vest Carteret Minue Street Retail Redevelopment Area (hereinafter,
the AS,sessment Area will be referred to as the "Redevelopment Area"); and
WHEREAS, on August II, 2005, the Borough Council adopted resolution number 05-
244, directing BPCS to prepare a redevelopment plan for the Redevelopment Area; and
WHEREAS, BPCS prepared a redevelopment plan for the Redevelopment Area, dated
November 2005 (the "Redevelopment Plan"); and
WHEREAS, on November 30, 2005, the Planning Board conducted a public hearing, at
which it reviewed the Redevelopment Plan and considered the testimony of a
representative ofBPCS; and
WHEREAS, on December 21, 2005, the Planning Board adopted a resolution of finding
and conclusions, determining that the Redevelopment Plan is not inconsistent with the
Borough'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 final adoption ofthe Redevelopment Plan; and
13030-o3B 3494BI-2
NO. 08-121 PAGE ?
WHEREAS, on January 26, 2006, the Borough Council, pursuant to Section 7 of the
Redevelopment Law (NJ.S.A. 40A:12A-7) and based on the recommendation of the
Planning Board, adopted ordinance number 06-02, approving and adopting the
Redevelopment Plan;
WHEREAS, on December 20,2007, the Borough Council directed the Planning Board to
consider an amendment to the Redevelopment Plan, specifically, to add a permitted use in
the Redevelopment Area for warehouse and distribution facilities with retail outlets that
sell products warehoused at the facilities; and
WHEREAS, BPCS prepared an amendment to the Redevelopment Plan (the
"Amendment") and, on January 23,2008, presented same to the Planning Board; and
WHEREAS, on January 23, 2008, the Planning Board adopted a resolution of findings
and conclusions, detennining that the Amendment is not inconsistent with the Borough's
Master Plan or the Master Plans of Woodbridge, Rahway and Linden, the Middlesex
County Master Plan or the State Developme~t and Redevelopment Plan, and endorsing and
recommending the final adoption of the Amendment; and
WHEREAS, on February 21, 2008, the Borough Council adopted ordinance number 08-
05, approving and adopting the Amendment; and
WHEREAS, A.J. Richard & Sons, Inc. (the "Redeveloper") has executed agreements to
purchase the parcels in the Rede\Celopment Area designated as Block 50.1, Lots 7, 8, 9
with their CUITent owner and the parcels designated as Block 50.1, Lots 21, 22, 23, 24 and
25 with their current owner, has acquired a leasehold interest in the parcels in the
Redevelopment Area designated as Block 50.1, Lots 20.01, 20.02, 20.03, 20.04,26.1 and
32.03 and will acquire an access easement over Block 50.1, Lot I (collectively, the
aforementioned parcels will be referred to as the ''Project Area"); and
WHEREAS, the Redeveloper has expressed a desire to undertake the redevelopment of
the Project Area; and
WHEREAS, the Borough has determined that the Redeveloper possesses the proper
qualifications, financial resources and capacity to implement and complete the
redevelopment of the Project Area (the "Redevelopment Project") in accordance with the
Redevelopment Plan and all other applicable laws, ordinances and regulations; and
WHEREAS, the Borough believes that the Redevelopment Project will serve the best
interests of the Borough, and that it promotes the health, safety, morals and welfare of the
Borough's residents; and
WHEREAS, iu order to set forth the terms and conditions under which the Borough and
the Redeveloper shall carry out their respective obligations with respect to the construction
of the Redevelopment Project, the Borough and the Redeveloper have detemlined to
execute a redevelopment agreement; and
WHEREAS, the Borough desires to designate the Redeveloper as the redeveloper for the
Project Area and to authorize the execution of a redevelopment agreement by and between
the Borough and the Redeveloper memorializing the terms and conditions under which the
Parties shall carry out their obligaions with respect to the construction of the
Redevelopment Project.
13030-038349481-2
NO. 08-171 PAGE 3
NOW, THEREFORE BE IT RESOLVED by the Borough Council of the Borough of
Carferet, in the County of Middlesex, New Jersey, as follows:
Section!.
set forth at length.
The aforementioned recitals are incorporated herein as though fully
Section 2.
the Project Area.
AJ. Richard & Sons, Inc. is hereby designated as the redeveloper of
Section 3. (a) The Borough Council hereby authorizes the execution of a
redevelopment agreement by and between the Borough and the Redeveloper in
substantially the same fann as that on file with the Borough Clerk and which, by this
reference is incorporated herein (the "Redevelopment Agreement'I).
(b) The Mayor is hereby authorized to execute the Redevelopment Agreement in
substantially the same form as that on file with the Borough Clerk, with such additions,
deletions and modifications as may be necessary after consuitation with the Borough's
professional consultants and the Redeveloper.
Section 4. If any part ofthis Resolution shall be deemed invalid, such partes)
shall be severed and the invalidity thereby shall not affect the remaining parts ofthis
Resolution.
Section 5. A copy of this Resolution shall be available for public inspection at
the offices of the Borough.
Section 6.
This Resolution shall take effect immediately.
Adopted this Sth day of May, 200S
and certified as a tme copy ofthe
original on May 9, 200S.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILh-.lAN YES NO NY A.B. CDUNCILJ\.IAN YES NO NV A.B.
B_Eh.LINO X UOITM X
COLON X ".m ~e X
DIAZ X eT~.n" X
X-Indicate Vote AD-Absent NV - Not Voting XOR ~ Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council -2v 8 , 200S
13030'{)38349481-2 ~ft - .~^
J. <Cv- L ~-
Au
c~~ ~ j---'