WHEREAS, on November 16, 2015, the Asbury Park Planning Board adopted a Resolution memorializing the approval of an application made by Linus Holding Corp. (the “applicant”) for Preliminary and Final Site Plan, Variances and Design Waivers relating to the property located at 700 Bangs Avenue, more commonly known and designated as Block 2508, Lot 2, (the “Property”), on the Asbury Park City Tax Map, for the construction of a mixed use, four-story building, consisting of retail space on the first floor and residential space (42 residential units) on the upper floors (collectively, the “Project”); and
WHEREAS, the Property is located in the Central Business District (“CBD”) Redevelopment Area; and
WHEREAS, the Project includes interior on-site parking to be provided by the applicant on the ground floor and basement level containing fifty six (56) parking spaces, with entrances to the interior parking spaces to be provided from Bangs Avenue and Bond Street; and
WHEREAS, the approvals granted by the Planning Board contemplated the loss of three (3) on-street parking spaces in order to allow for the ingress/egress necessary to access the interior on-site parking area which is part of the Project; and
WHEREAS, the existing on-street parking spaces to be removed are known and designated as metered parking space number 5406 (located on the south side of Bangs Avenue), along with space numbers 5513 and 5514 (both of which are located on the west side of Bond Street), all of which are shown in more detail in the attached Plan as prepared by Dresdner Robin Engineering, last dated May 29, 2015, attached hereto as Exhibit “A”; and
WHEREAS, the Mayor and City Council have determined the following regarding the Project:
(1) The Project represents a significant undertaking to be developed within the CBD Redevelopment Area, and will foster increased pedestrian movement and activity within one of the most significant commercial quarters of the City; and
(2) The Project will foster the goals and objectives of the CBD Redevelopment Plan; and
(3) The Project will serve as a catalyst for investment and further development within this area of the City, which furthers the best interests and general welfare of the public; and
WHEREAS, as a result, the Mayor and Council have determined to grant approval for the removal of the aforesaid three (3) on-street parking spaces so that the Project may be constructed in accordance with the approvals previously granted by the Planning Board, conditioned upon the following:
(1) The applicant shall repair the street(s), and restripe and renumber the affected parking spaces on Bangs Avenue and Bond Street at the direction of the City’s Transportation Planner; and
(2) As per the Planning Board Resolution, the applicant is responsible for streetscape improvements in the Right-of-Way (R.O.W.), therefore in order to mitigate potential safety hazards with the installation of curb cuts for driveways the applicant shall provide pedestrian scale light fixtures in the public R.O.W. as illustrated in the Central Business District Redevelopment Plan Streetscape Design Guidelines, which shall be subject to the approval of the City’s Transportation Planner.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, by the Mayor and Council of the City of Asbury Park, in the County of Monmouth and State of New Jersey, as follows:
1. That the removal of three (3) on-street parking spaces located in the immediate vicinity of the Project, as more specifically identified as metered parking space number 5406 (located on the south side of Bangs Avenue), and metered parking space numbers 5513 and 5514 (both of which are located on the west side of Bond Street), as shown in more detail in the attached Plan as prepared by Dresdner Robin Engineering, last dated May 29, 2015, attached hereto as Exhibit “A,” is hereby approved and authorized, in order to facilitate the development of the Project, subject to the conditions set forth above.
2. That all appropriate City officials and employees are hereby authorized and directed to undertake all activities that are necessary in furtherance of the intentions of the within Ordinance.
3. That all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.
4. That the provisions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found to be invalid for any reason by any Court of
competent jurisdiction, such judgment shall be limited in its effect only to the portion of the Ordinance actually adjudged invalid and shall not be deemed to affect the operation of any other portion thereof, which shall remain in full force and effect.
5. That this Ordinance shall take effect upon final passage and publication in accordance with the law, following the required twenty (20) day period after adoption, as set forth in N.J.S.A. 40:69A-181(b).