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HomeMy Public PortalAboutOrd. 08-05 No.OB-OS @ruhmnt.e of f4,e ~oroug4 ofQIaderef, ~~ 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 'VEST CARTERET i\flNUE STREET RETAIL REDEVELOPi\lliNTAREA WHEREAS, on October 24, 2004, the Borough Cotmcil (the "Borough Council") of the Borough of Carteret (the "Borough") adopted resolution number 04-337 and on January 27, 2005, the Borough Council adopted resolution number 05-47, collectively requesting that the Borough Planning Board (the "Planning Board") determine whether certain real property 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-I ef geq. (the "Redevelopment Law"); and WHEREAS, Beacon Planning and Consulting Services, L.L.C. ("BPCS") prepared a Property assessment of certain properties commonly known as Block 50.01 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 "Phase 1 Assessment Area"), entitled "West Carteret Minue Street Retail Redevelopment Area Assessment" and dated April 2005 ("Phase I Property Assessment"); and WHEREAS, BPCS concluded that the Phase I Assessment Area met the statutory requirements to be detennined to be an "area in need of redevelopment" under the Redevelopment Law; and \ WHEREAS, on May 25,2005, the Planning Board adopted a resolution of findings and conclusions' based upon the Phase I Property Assessment determining, among other thiugs, to recommend to the Borough Council that the Phase I 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 of the Planning Board, adopted resolution number 05-227, determining that the Phase I Assessment Area constitutes an Harea in need of redevelopment'~ under the Redevelopment Law; and WHEREAS, BPCS prepared a redevelopment plan for the West Carteret Minue Street Retail Redevelopment Area, dated November 2005 (the "Redevelopment Plan"); 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 Borou!lh's Master Plan or the Master Plans of Woodbridge, Rahway and Linden, the Middlesex" (;ounty Master Plan or the State Development and Redevelopment Plan and endorsing and recommending final adoption of the Redevelopment Plan; ,and WHEREAS, on January 26,2006, the Borough Council, pursuant to Section 7 ofthe Redevelopment Law (N.J.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; and 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 IJ030..{)3g 337929-1 NO. DB-OS PAGE 2 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 Jannary 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 of ~he Amendment; and WHEREAS, the Borough Council hereby finds that the Amendment is in the best terest 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 West Carteret Minue Street Retail Redevelopment Plan, ttached hereto as Exhibit A and made a part hereof, is hereby approved pursuant to .J.SA 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 shall be deemed invalid, such parts shall be severed nd the invalidity thereby shall not affect the remaining parts of this Ordinance. 5. A copy oftms Ordinance shall 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 forward certified copies of his Ordinance to McManimon & Scotland. L.L.C., attn: Kevin P. McManimon. Esq., pedal Redevelopment Counsel to the Borough. 3030-03& 337929-1 NO. 08-~ PAGE 3 EXHIBIT A AMENDMENT TO WEST CARTERET MINUE STREET RETAIL REDEVELOPi\lliNT PLAN DO NOT USE SPACE BELOW THIS LINE COUNCILMAN RECORD OF COUNCIL VOTE YES NO NY A.B. COUNCILMAN NO NV A.B. os x x KRUM x x . Indicate Vote AS - Absent NV . Not Voting XOR . Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough ofCarteret, N.J., on Januarv 24. 2008 February)l, 2008 ~;~~~ . MUNI IP^L Amendment to the West Carteret Minne Street Retail Redevelopment Plan: 1. Amend Table 4 in Section 3.5 (permitted Uses), to add an additional use, to read as follows: Table 4 Permitted Principal Uses West Carteret Redevelopment Area 17 . Warehouse and distribution facilities with the provision of a retail outlet that sells products warehoused at the facility. AFFIDAVIT OF PUBLICATION / The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Hom,e 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 4, 2008 ~A~a.~ Notary Public of New Jersey LINDA A RIVERA MY ~g~~~~~J~x~~~~%~~RJ~11 Sworn and subscribed before me this Lti-l-. day Ofc;P ~Vl~ . ( ;;J.. coy ~ c iJ- .....- t ~ ~~o 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 __'--.I' . 0 . (--Y~"""" t:l. ~~"..../ 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<;UA day of r ~ I ?;L co l' /~k.r"'2.-("~1 Kathleen M. Barney, U Municipal Clerk --....... , 6-