Phase II redevelopment plan

The Evergreen Square District

PHASE II - REDEVELOPMENT PLAN

Mayor Robert L. Bowser

East Orange City Council

Prepared for City of East Orange Department of Policy, Planning & Development

44 City Hall Plaza, East Orange, NJ 07019

Prepared by John McDonough Associates, LLC – Planning Consultants to East Orange Planning & Zoning Boards

January, 2010 (AMENDED June1, 2011)

TABLE OF CONTENTS

I. Introduction & Project Description 1

II. Required Redevelopment Plan Components 2
III. Plan Intent & Purpose 3
IV. Existing Site Characteristics & Zoning 3
V. Study Area Boundaries 3

VI. Redevelopment Plan Goals 5

VII. Administrative Provisions Of Plan 6

VIII. Land Use Regulations 9
IX. Consistency With The City Master Plan & Zoning Ordinance 10
X. Consistency With Other State & Local Plans 11
XI. Procedure For Amending The Plan 12
XII. Severability / Validity Of Ordinance 12
XIII. Non-Discrimination Provisions 12
XIV. Economic Redevelopment & Growth Grant Program 12

1. 
   Introduction & Project Description
   

The Evergreen Square redevelopment area (“District”) is situated in the Second Ward of the City of East Orange, Essex County, New Jersey. The area is characterized by a mix of uses and zones. A Redevelopment Plan for Phase I – Evergreen/Halsted Commercial District – was prepared in 2002 (Amended in 2006 and 2009). Phase I incorporated Block 692, Lots 2, 10, 24, 25 and Block 691, Lots 7 through 13 (including 12.01). This approximately four (4) acre area is located in the northern portion of the District (generally bounded by Freeway Drive East, Halstead Place, Evergreen Place and Halsted Street) is not included in this redevelopment plan. This redevelopment plan (“Plan”) incorporates vastly more parcels to complete the plan for an area designated in need of rehabilitation pursuant to State statute.

Many of the office buildings in the district are no longer utilized for business uses. Many of these buildings are still standing and have the potential to be adaptively re-used for hotels, conference centers, office, back-office operations, residential, retail, and parking. Other existing uses in the district include residential, commercial and public property or otherwise tax exempt properties. Associated surface parking lots also comprise a substantial portion of the subject area.
The City of East Orange Planning Board has determined that more than half of the housing stock in the delineated areas is at least 50 years old or a majority of the water and sewer infrastructure in the delineated areas is at least 50 years old and is in need of repair or substantial maintenance, and that a program of rehabilitation as defined in Section 40A:12A-3, may be expected to prevent further deterioration and promote and support the overall development of the City. The City of East Orange Planning Board has determined that a program of rehabilitation will assist the owners in improving their properties and in preventing deterioration to the structures. The primary objective of the designation is to rehabilitate existing structures, encourage new investment, and to prevent further deterioration within the City.
The intent of this Plan is to establish standards for development and to initiate and provide incentives for new construction that speaks directly to increasing the value and quality of the Evergreen/Halsted district. Essentially, implementation of this redevelopment plan is expected to accomplish the following:

1. 
   Encourage adaptive reuse and facilitate new construction;
   
2. 
   Generate additional revenue to the City; and
   
3. 
   Create employment opportunities for East Orange residents
   

The Evergreen Square District has a rich history associated with luxury homes and elegant shopping. It is uniquely situated as a linkage between the City’s two key commercial corridors on Main Street and Central Avenue. As part of its ongoing revitalization, the City is implementing redevelopment and other initiatives to bolster the Main Street corridor, anchored by the Brick Church “town center’ and the City Hall “civic and arts district”. Both are redevelopment areas. The City is also implementing strategies to reintroduce high-end shopping to Central Avenue, once known as “The Fifth Avenue of the Suburbs”.

This Redevelopment Plan envisions revitalization of the District by encouraging adaptive re-use of the many beautiful, established buildings within the District, and also by encouraging new development and land use that will attract business and entertainment venues. The Plan seeks to complement and support Evergreen/Halsted as a “centerpiece” hotel and conference center, and to provide a resident population that will “bridge” and support the commercial nodes of Main Street and Central Avenue. Overall, the Plan seeks to support and facilitate the ongoing transformation of the City as a whole.

2. 
   Required Redevelopment Plan Components
   

Pursuant to Section 40A:12A-7 of the New Jersey Local Redevelopment Housing Law (LRHL), redevelopment plans shall include for the planning, development, redevelopment, or rehabilitation of the project area sufficient to include the following:

1. The plan relationship to definite local objectives as to appropriate land uses, density of population and improved traffic and public transportation, public utilities, recreational and community facilities and other public improvements.

2. Proposed land uses and building requirements in the project area.

3. Adequate provisions for the temporary and permanent relocation, as necessary, of residents in the project area.

4. An identification of any property within the redevelopment area, which is proposed to be acquired in accordance with the redevelopment plan.

5. Any significant relationship of the redevelopment plan to (a) the master plans of contiguous municipalities; (b) the master plan of the county in which the municipality is located; (c) the State Development and Redevelopment Plan adopted pursuant to the “State Planning Act”, P.L.. 1985, c398 (C.52:18A-196 et al.)

6. Description of the plan relationship to pertinent municipal development regulations as defined in the “Municipal Land Use Law” (MLUL). The plan shall supersede applicable provisions of the development regulations of the municipality or constitute an overlay zoning district within the redevelopment area.

7. All provisions of the redevelopment plan shall be either substantially consistent with the municipal master plan or designed to effectuate the master plan.

8. The redevelopment plan may include provisions of affordable housing in accordance with the “Fair Share Housing Act” P.L. 1985, c.222 (C.52:27D-301 et al.) and the housing element of the municipal master plan.

9. Consistency with the architectural design pattern of the area.

III. Plan Intent & Purpose

The intent and purpose of the plan is to provide a vision, supported by use and bulk standards, to attract the hospitality industry and back-office operations to generate a synergy between uses, developing a sustainable business environment and catalyst from which future development and redevelopment efforts would occur in an around the District. The goal of the plan is to provide increased opportunities for a vibrant mixed use district that includes hotels, restaurants, office, entertainment venues, residential and retail space along with associated parking through either adaptive re-use or new construction.

The redevelopment of the District may be constructed in phases, include mixed-use development and shared parking arrangements further detailed in a redevelopment agreement.

4. 
   Existing Site Characteristics
   

The District is generally characterized by office buildings, surface parking lots, vacant parcels and/or buildings, residential uses including apartments, commercial uses (along Central Avenue) and public property. Smaller lots occur along the east side of Halsted, while larger lots occur along South Harrison.

4. 
   Study Area Boundaries
   

The study area includes the following blocks and lot:

Block 524, Lots 11, 12, 19, 20, 21, 21.01, 22, 23, 27, 28, 29, 30, 31, 32, 34;

Block 532, Lots 14, 15, 17;

Block 533, Lots 14, 15, 17, 20, 22, 24, 25, 26;

Block 690, Lots 1, 2, 3, 4, 7, 8, 9;

Block 691, Lots 1, 4, 5, 6, 20, 21, 21.01, 22, 22.01, 23, 24, 25, 26, 27, 28;

Block 692, Lots 7, 8

Block 694, Lots 8, 9.01, 9

Block 700, Lots 1, 7, 8, 8.01, 9, 10, 11, 12, 14, 15, 34, 35, 40, 41, 42, 47, 49, 53, 55

Block 700.01, Lots 17, 18, 19, 20, 21, 23, 29, 30, 30.01, 31, 32, 32.01

Block 710, Lots 1.01, 4, 4.01, 5, 7, 7.01, 11, 12, 13, 16, 17, 18, 18.01, 18.02, 19, 20,21, 26, 28;

Block 711, Lots 6, 7.01, 8.01, 9, 10, 11, 12, 13;

Block 712, Lots 1, 2, 2.01, 2.03, 3, 4.

The lots included within the District boundaries are shaded on the map below:

VI. Redevelopment Plan Goals

To provide for an increase in the economic base of the project site and City by revitalizing underutilized, inefficiently utilized, and underproductive properties through the elimination of vacant parcels and substandard structures;

To create new development that provides employment opportunities for residents within the City by creating flexible controls that will incorporate a realistic approach to both the objectives of the City of East Orange and the requirements of the redevelopers;

To provide for a variety of uses that would generate synergy, providing for a more sustainable business client and tax base;

To enhance the aesthetics of the buildings and improve the site design, including landscaping and streetscaping, within the District through the implementation of design standards;

To ensure sufficient, safe and secure access ways to redevelopment area, which integrate with the existing roadway system;

To provide adequate parking standards that meet actual parking (current and future) demand, minimize surface parking by encouraging shared structured parking, and reduce curb cuts;

To solicit full-service lodging facilities and similar hospitality-related uses, residential, retail, office and back-office operations, and complementary and accessory uses that would support the redevelopment of the District.

7. 
   Administrative Provisions Of Plan
   

1. 
   The regulations in this Plan will be implemented where applicable by appropriate covenants or other provisions in agreements for land disposition and conveyance executed pursuant thereto or in loan or grant agreements.
   

2. 
   The redeveloper(s) shall devote the land only to the uses specified in this Plan in accordance with the approvals and conditions of the site plan.
   

3. 
   The redeveloper(s) shall begin and complete the development of the land for uses required in the Plan and the construction of improvements agreed upon in the disposition contract within a reasonable time as determined in the said disposition contract between the City of East Orange and the redeveloper.
   

4. 
   No building shall be constructed on or over an easement in the project area without prior written consent of the City of East Orange. With the exception of routine maintenance and minor repairs, no building permit shall be issued for any new construction, reconstruction or rehabilitation of an existing structure without prior site plan review and approval by the Planning Board.
   

5. 
   The City of East Orange City Council (redevelopment entity) and the City of East Orange Planning Board shall specifically reserve the right to review and approve the redeveloper’s plans and specifications with respect to their conformance with the plan. Such a review shall be on the basis of site plan/and construction plans submitted to the City and the Planning Board. This pertains to revisions or additions prior to, during and after completion of the improvements.
   

6. 
   The site plan review shall be conducted by the Planning Board in accordance with N.J.S.A. 40:55D-1 at. Seq. The Planning Board may require additional studies and analyses (including but not limited to parking and traffic studies and sanitary and storm water reports) as deemed necessary by the Board to determine the adequacy of existing and proposed utilities and infrastructures improvements to service the proposed project. Additionally, upon demolition of any existing structures, the site shall be graded, planted, sodded and /or paved with a durable, dust free material unless construction of a structure is imminent and all trash receptacle areas shall be enclosed and adequately screened.
   

7. 
   The site plan standards as enumerated under Articles XIII, XIV, and XV of the City of East Orange Land Development Ordinance shall be deemed the minimum requirements for all site plan and subdivision applications unless otherwise indicated.
   

8. 
   The Redevelopment Plan shall incorporate the the applicable provisions of the City of East Orange Land Development Ordinance in effect, which is incorporated within the special regulations of the Transit Village District (TVD). The plan hereby incorporates the use and bulk requirements of the TVD, and the design standards established therein. Any development within the Redevelopment Area shall be consistent with the use and bulk requirements of the TVD, and the design standards established therein.
   

9. 
   Any subdivision of land within the Redevelopment Area shall be in accordance with this Redevelopment Plan and shall be reviewed by the Planning Board in accordance with the procedures and notice requirements set forth in the Municipal Land Use Law (MLUL), and in accordance with the City of East Orange Zoning and Land Development Regulations not superseded by this Plan.
   

10. 
    The Planning Board may grant deviations from the regulations contained within this Redevelopment Plan classified as “c” or bulk variances and such deviation shall not be considered an amendment to this Redevelopment Plan, where by reason of exceptional narrowness, shallowness or shape of a specific piece of property within the Redevelopment Area, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary situation uniquely affecting a specific piece of property or existing structures lawfully constructed thereon, the strict application of the regulation of the Redevelopment Plan, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property.
    

11. 
    The Planning Board may also grant deviations from the regulations contained within this Redevelopment Plan when the purposes of this Redevelopment Plan would be advanced by the deviation and the benefit of the deviation would substantially outweigh any detriments.
    

12. 
    The Planning Board may grant exceptions and waivers from design standards and Site Plan or Subdivision requirements provided that such waiver would advance the general intent and purpose of this Redevelopment Plan and that literal enforcement of the provisions of the Plan will result in undue hardship to the developer due to particular and exceptional conditions pertaining to project site. No deviations may be granted under the provisions of this section unless the granting of the deviation will not result in substantial detriment to the public good and will not substantially impair the intent and purpose of this Redevelopment Plan.
    

13. 
    The Zoning Board of Adjustment may grant deviations from the regulations contained in this Redevelopment Plan where such deviation would result in (i) permitting or expanding a use not specifically permitted in this Plan, or (ii) an increase in the maximum height by more than ten percent (10%) or 10 feet of the permitted maximum height, or (iii) a increase in the density of that permitted in this Plan. A showing of proofs to justify the grant of the variances, classified as “d” or use variances, shall be required.
    

14. 
    Any word, phrase, clause, section or provision of this plan, found by a court or other jurisdiction to be invalid, illegal or unconstitutional, such word, phrase, clause, section or provision shall be deemed severable and the remainder of the Plan shall remain in full force and effect.
    

15. 
    The provisions of this plan specifying the redevelopment of the project area and the requirements and restrictions with respect thereto shall be in effect for a period of thirty (30) years from the original date of approval of this Plan by East Orange Municipal Council. Subsequent amendments hereto shall not alter or extend this period of duration, unless specifically extended by such amendments.
    

7. 
   Land Use Regulations
   

Development within the plan area shall comply with applicable land use standards as contained in the Land Development Ordinance (Chapter 50) and Transit Village District Ordinance (Chapter 50A) of the City of East Orange, New Jersey.

7. 
   Consistency With The City Master Plan And Zoning Ordinance
   

The Plan is consistent with the City Master Plan and Zoning Ordinance and the overriding of goal to enhance and continue the transformation of East Orange socially, economically, and physically. The 2006 Master Plan highlights the Evergreen Square District as an important part of the City’s transformation. This Plan with its requirements and standards provide the enabling mechanism to effectuate the vision for a vibrant, attractive, and cohesive community with a diverse population and diverse mix of land uses, to serve as a key connector between the City’s major commercial corridors of Main Street and Central Avenue. When complete, the Evergreen Square District will be the city’s largest redevelopment district.

The Plan seeks to capitalize on the area’s proximity and accessibility to highways and regional roadway networks to transport employees, visitors, and residents. The redevelopment of the area, as envisioned by this plan, seeks to harmonize with the existing structures and create synergy between office, residential, retail, entertainment, and hospitality land uses. Ultimately, the consistency of this Plan lies in its vision to create a welcoming environment that will contribute to the revitalization of the City as a whole.

7. 
   Consistency With Other State And Local Plans And Regulations
   

State Development and Redevelopment Plan

Redeveloping this property is in the spirit of the SDRP’s intent to provide a means to renew New Jersey’s older municipalities, maintain a healthy tax base, and to improve quality of life for residents.

Planning Area 1 – Metropolitan Planning Area, in which the project site is located, is comprised of communities that are fully developed, or almost fully developed, with little vacant land available for new development. The PA 1 constitutes two thirds of New Jersey’s population and jobs and will continue to accommodate growth. Communities within this planning area supply a range of housing opportunities and everyday commercial needs. Good design can accommodate high density development with amenities that include parking, shopping, parks and schools within close proximity and with access to employment centers.

The SDRP notes that communities within the PA 1 have many things in common, including:

• Mature settlement patterns resulting in diminished supply of vacant land;

• Infrastructure systems that generally are beyond or approaching their reasonable life expectancy;

• The need to rehabilitate housing to meet ever changing market standards;

• The recognition that redevelopment is, or will be in the not-too-distant future, the predominant form of growth.

The intent of the Metropolitan Planning Area is to:

• Provide for much of the state’s future redevelopment;

• Revitalize cities and towns;

• Promote growth in compact forms;

• Stabilize older suburbs;

• Redesign areas of sprawl; and

• Protect the character of existing stable communities.
These goals will be met by strategies, among others, to upgrade or replace aging infrastructure; retain and expand employment opportunities; and upgrade and expand housing to attract a balanced residential population.

The redevelopment of the project site is consistent with the SDRP’s goal to upgrade existing infrastructure and housing stock, employment centers, and hospitality to accommodate visitors.

7. 
   Procedure for Amending the Plan
   

The Redevelopment Plan may be amended from time to time upon compliance with the requirements of the law. The Planning Board, at its sole discretion, may require the party requesting the amendment prepare a study of the impact of the amendment, which study must be prepared by a Professional Planner, licensed in the State of New Jersey.

7. 
   Severability / Validity of Ordinance
   

If any section, paragraph, division, subdivision, clause or provision of this Plan shall be judged by the courts to be invalid, such adjudication shall only apply to the section, paragraph, division, subdivision, clause or provision so judged and the remainder of this Plan shall be deemed valid and effective.

XIII. Non-Discrimination Provisions

No covenant, lease, conveyance, or other instrument shall be affected or executed by the City’s governing body or by a developer or any of his/her successors or assignees whereby land within the project site is restricted by the governing body or the developers upon race, creed, color, or national origin in the sale, lease, use or occupancy thereof. Appropriate covenants running with the land forever will prohibit such restrictions and shall be included in the disposition instruments. There shall be no restrictions of occupancy or use of any part of the project site on the basis of race, creed, color or national origin.

XIV. Economic Redevelopment and Growth Grant Program

The Redevelopment Plan recognizes that the redeveloper may be eligible to receive funds from the Economic Redevelopment and Growth Grant program due to the project site’s location within the Metropolitan planning area (PA-1) as designated in the State Development and Redevelopment Plan.

The developer may enter into agreement to benefit from this state program and shall not be precluded from doing so in an effort to redevelop the project site. The redeveloper may also enter into a redevelopment incentive agreement with the City of East Orange where the municipality pledges the incremental revenue increases from payments in lieu of taxes under the long or short term tax exemption laws, lease payments made to the municipality by the developer or its successors, and property taxes.