WHEREAS, on November 12, 2008 the Mayor and City Council adopted Ordinance No. 2886 entitled “ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF ASBURY PARK, COUNTY OF MONMOUTH, STATE OF NEW JERSEY ADOPTING THE MAIN STREET REDEVELOPMENT PLAN RELATING TO THE MAIN STREET REDEVELOPMENT AREA” (the “Ordinance”); and
WHEREAS, pursuant to the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq., the “Act”) the Ordinance adopted a plan (the “Main Street Redevelopment Plan” or the “Plan”) for the redevelopment of an area (the “Main Street Redevelopment Area” or the “Area”); and
WHEREAS, on November 12, 2014 the Mayor and City Council amended the Main Street Redevelopment Plan to permit microbreweries on Block 2702, Lot 7 in the Community Shopping Zone; and
WHEREAS, the Main Street Redevelopment Plan has led to an increase in public and private investment within the Area since its adoption, however, the Plan may benefit from amendments to remove barriers to further investment; and
WHEREAS, the Act sets forth the process by which amendments to any redevelopment plan shall be considered and, if appropriate, adopted; and
WHEREAS, the City has received a request to amend the Plan to allow recording studios in the section of the Community Shopping Zone that permits light industrial uses; and
WHEREAS, in addition, the City desires to permit metered parking and valet parking as a principal use for municipal lots in the Civic/South Gateway Zone in order to help alleviate parking demand during peak times; and
WHEREAS, in evaluating the proposed amendments, the Mayor and Council considered the permitted uses in the existing Plan and the effect, if any, that these this amendments would have on the City’s Master Plan and concluded that such an amendments would support the goals of the Plan and the Master Plan; and
WHEREAS, the City’s Director of Planning and Redevelopment has opined that the proposed amendments attached hereto as EXHIBIT A are appropriate as presented at the Municipal Council Workshop of November 8, 2017; and
WHEREAS, since the Zoning Board does not have jurisdiction to consider an application for a variance; instead relating to properties that are located in a redevelopment area, the Mayor and City Council must instead approve such use either generally or specifically through an amendment to the Plan; and
WHEREAS, the Mayor and Council desire to amend the Plan in order to allow for recording studios in the Community Shopping Zone and to permit metered parking and valet parking as a principal use for municipal lots in the Civic/South Gateway Zone at the Property; and
WHEREAS, the City’s Director of Planning and Redevelopment has reviewed and recommended these amendments as set forth in the Memorandum attached hereto as EXHIBIT A.; and
WHEREAS, the Mayor and City Council desire to forward the proposed Amendments to the Planning Board for review pursuant to N.J.S.A. 40A:12A-7(e).
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Asbury Park as follows:
1. The Mayor and Council hereby refer the proposed amendments to the Planning Board for review and recommendation in accordance with the requirements of N.J.S.A. 40A:12A-7(e).
2. The Planning Board is authorized and directed to prepare a report of its recommendations (the “Planning Board Report”) regarding the Proposed Amendments to the Plan within forty-five (45) days of the date hereof.
3. The Planning Board Report shall identify any provisions within the proposed amendments to the Plan that are inconsistent with the City’s Master Plan, the recommendations concerning those inconsistencies and any other matters the Planning Board deems appropriate.
4. If the Planning Board Report is not transmitted to the Mayor and Council within forty-five (45) days of the date hereof, the Mayor and Council shall be relieved of the requirement to obtain a Planning Board Report for the proposed amendments to the Plan in accordance with N.J.S.A. 40A:12A-7(e).
5. The Clerk of the City shall forward a copy of this Resolution and the proposed amendments to the Planning Board for review pursuant to N.J.S.A. 40A:12A-7(e).
6. This Resolution shall take effect immediately.