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HomeMy Public PortalAboutr 08:208 ~zolutiou of t4e ~orxntg4 of QIaderef1 ~t JJ+ 08-208 Date of Adoptio 1, 2008 No. , ! \ THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX DESIGNATING A REDEVELOPER AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE REDEVELOPMENT OF A PORTION OF THE COOKE AVENUE SCATTERED SITES REDEVELOPMENT AREA WHEREAS, the governing body of the Borough of Carteret (the "Borough") is interested in determining whether certain properties located within the Borough are in need of redevelopment pursuant to the New Jersey Local Redevelopment and Housing Law, NJ.8.A. 40A: 12A.I et seq. (the "Redevelopment Law"); and WHEREAS, on December 20, 2007, the Borough Council of the Borough (the ''Borough Council") adopted Resolution No. 07-321, authorizing and directing the Planning Board of the Borough (the "Planning Board") to undertake an investigation to determine whether the properties designated as Block 192, Lots I, 2 and 3 and Block 202, Lots 9, 10 and II (the "Study Area") constituted an area in need of redevelopment and, if so, to review a redevelopment plan for the Study Area; and WHEREAS, the Planning Board caused Beacon Planning and Consulting Services, L.L.C. (the "Planning Consultant") to conduct a preliminary investigation to determine whether the Study Area should be designated an area in need of redevelopment; and WHEREAS, on or about January 11, 2008, the 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 January 2008 (the l'Report"), concerning the determination of the Study Area as an area in need of redevelopment; and ( 'VHEREAS, 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 'VHEREAS, 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-5g and 5h; (ii) Block 192, Lots 2 and 3 also satisfy the criteria set forth in N.J.S.A. 40A:12A-5b and 5d; (iii) Block 202, Lots 9, 10 and 11 also satisfy the criterion set forth in NJ.S.A. 40A: l2A-5c; (iv) Block 192, Lot 2 also 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 ofthe north side of Block 192, pursuant to N.J.S.A. 40A:12A-3; and '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 agreed with the conclusion of the Planning Board that (i) the entire Study Area satisfies the criteria for redevelopment area designation set forth in NJ.S.A. 40A:12A-5g and 5h; (ii) Block 192, Lots 2 and 3 also satisfy the criteria set forth in NJ.S.A. 40A:12A-5b and 5d; (iii) Block 202, Lots 9, 10 and 11 also satisfy the criterion set forth in N.J.S.A. 40A:12A-5c; (iv) Block 192, Lot 2 also satisfies the criterion set forth in NJ.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 NJ.S.A. 40A:12A-3, and the Borough Council found that sllch conclusion is supported by substantial evidence; and ( NO. OR-'WR PAGE 2 WHEREAS, on January 24, 2008, the Borough Council adopted Resolution No. 08-52 designating the Study Area as an area in need of redevelopment (hereinafter the "Cooke Avenue Scattered Sites Redevelopment Area"); and WHEREAS, on February 7, 2008, the Borough Council adopted Resolution No. 08.65 authorizing and directing the Planning Board to undertake an additional investigation to determine whether the section of the Romanowski Avenue right-of-way located between Cooke Avenue and High Street (the ''Romanowski ROW"), which property is contiguous to the Cooke Avenue Scattered Sites Redevelopment Area, also qualifies as an area in need of redevelopment and, ifso, to review a redevelopment plan for the Cooke Avenue Scattered Sites Redevelopment Area and the Romanowski ROW; and WHEREAS, the Planning Board caused the Planning Consultant to conduct a preliminary investigation to determine whether the Cooke Avenue Scattered Sites Redevelopment Area should be amended to include the Romanowski ROW also should be designated an area in need of redevelopment and, if so, whether the Cooke A venue Scattered Sites Redevelopment Area should be amended to include the Romanowski RO\V therein; and WHEREAS, on or about February 8, 2008, the Planning Board received a report and map depicting the Romanowski RO\V, prepared by the Planning Consultant, entitled "Cooke Avenue Redevelopment Area Assessment Phase 2" and dated February 2008 (the "Supplemental Report"), concerning the determination of the Romanowski RO\V as an area in need of redevelopment; and WHEREAS, on February 27, 2008, the Planning Board reviewed the Supplemental 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 ofthe Romanowski RUW as an area in need of redevelopment; and WHEREAS, the Plauning Consultant concluded in the Supplemental Report and testified to the Planning Board on Febnlary 27, 2008 that: (i) the Romanowski ROW satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A: 12A-5h; (ii) the western portion of the Roman,owslQ. RUW sa!i~!ies the_~riteria for redevelop~ent ar~~esignation set forth in NJ.S.A. 40A:12A-5g; and (iii) the Romanowki ROW should be included in a designateci~edevelopn1ent area in order to create a contiguous land area for the effective redevelopment of the north side of Block 192, pursuant to NJ.S.A. 40A:12A-3; and WHEREAS, after the conclusion of the public hearing described above, the Planning Board adopted a resolution recommending that the Borough Council designate the Romanowski RUW as an area in need of redevelopment pursuant to the Redevelopment Law; and WHEREAS, the Borough Council agreed with the conclusion of the Planning Board that: (1) the Romanowski RO\V satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A: 12A-5h; (ii) the western portion of the Romanowski ROW satisfies the criteria for redevelopment area desiguation set forth in N.J.S.A. 40A:12A-5g; and (iii) the Romanowki RO\V 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 NJ.S.A. 40A: 12A-3, and the Borough Council found that such conclusion is supported by substantial evidence; and WHEREAS, on June 19,2008, the Borough Council adopted Resolution No. 08-154 designating the Romanlowski RO\V as an area in need of redevelopment and amending the Cooke Avenue Scattered Sites Redevelopment Area to include the Romanowski RO\V therein; and WHEREAS, the Planning Consultant prepared a redevelopment plan for the Cooke Avenue Scattered Sites Redevelopment Area, entitled "Cooke Avenue Scattered Sites Redevelopment Plan" (the "Redevelopment Plan"); and ~ WHEREAS, during the February 27, 2008 Planning Board hearing, the Planning Board reviewed the Redevelopment Plan and considered the testimony of a representative of the Planning Consultant regarding the Redevelopment Plan; and II NO. OH-?OH PAOE "l WHEREAS, on February 27, 2008, the Planning Board adopted a resolution of findings 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 of the Redevelopment Plan; and WHEREAS, on August 21, 2008, the Borough Council, pursuant to Section 7 of the Rede~elopment Law (N.J.S.A. 40A: 12A. 7), adopted ordinance number 08-27, approving and adoptmg the Redevelopment Plan; and \VHEREAS, the Borough is now the owner of, among other properties, the parcels in the Redevelopment Area designated as Block 192, Lots I. 2 and 3 (collectively, the "Project Area"); and I \VHEREAS, the Redevelopment Plan contemplates the construction of a Community Health and WeUness Center in the Redevelopment Area (the "Redevelopment Project"); and \VHEREAS, Cooke Avenue Developers, LLC (the "Redeveloper") has expressed a desire and willingness to undertake andlor oversee the construction of the Redevelopment Project on 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 Project, in accordance with the Redevelopment Plan, and all other applicable laws, ordinances and regulations; and 'VHEREAS, the Borough believes the Redevelopment Project will serve the best interests ofthe Borough, and that it promotes the health, safety, morals and welfare of the Borough's residents; and WHEREAS, in 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 detennined to execute a redevelopment agreement; and 'VHEREAS, the Borough desires to designate the Redeveloper as the redeveloper for the Project Area and to authorize the execution of a redevelopment agreement memorializing the terms and conditions under which the Borough and the Redeveloper shaH carry out their obligations with L r.:spect to the construction ofthe Redevelopment Project. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the Mayor and Council of Borough of Carteret, in the County of Middlesex and the State of New Jersey, as follows: Section I. forth at length. The aforementioned recitals are incorporated herein as though fully set Section 2. Cooke Avenue Developers, LLC, with offices at 1411 Route 35, Ocean, New Jersey 07712 is hereby designated as redeveloper ofthe Project Area. \ 08-208 PAOE 4 NO. I Section 3. The Borough Council hereby authorizes the Mayor to execute a redevelopment agreement, by and between the Borough and the Redeveloper, in substantially the same form as that on file with the Borough Clerk and which, by this reference is incorporated herein, with such additions, deletions and modifications as may be necessary after consultation with the Borough's professional consultants. Section 4. If any pmt of this Resolution shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Resolution. --Section 5. --ft: cop.y of this Res~l~tion shall be avai1abi~ for public mspection at the- offices ofthe Borough. Section 6. This Resolution shall take effect immediately. Section 7. Upon the adoption hereof, the Borough Clerk is directed to forward a I certified copy of this resolution to the Borough's Redevelopment Counsel, Kevin P. McManimon, Esq., McManimon & Scotland, L.L.C. One Riverfront Plaza, 4th Floor, Newark, New Jersey 01702. Adopted this 2111t day of August, 200 and certified as a true copy of the original on August 22, 2008. LINDA A. RIVERA Assistant Municipal Clerk ( RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILl\IAN YES NO NV A.B. RF.f J .TNQ X KRuM X CDLON X . . NAPLES X DIAZ X . SITARZ X X+IndicateVote AB-Absent NV - Not Voting XOR. Indkates Vote to Overrule Veto . Adopted at a meeting of the Municipal Council c--!;;t _.August 21. 2008 ~~1eW?- A.