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ORD 2010-08 ORDINANCE TO AMEND BERGEN TOOL ZONING

Posted on July 14, 2010 at 1:13 pm

ORD 2010–08 AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWN OF HACKETTSTOWN BY THE ADDITION OF SECTION 410 – PLANNED MIXED USE DOWNTOWN DEVELOPMENT DISTRICT

WHEREAS, the Hackettstown Planning Board Master Plan Re-examination Report adopted in January 2008 stated that the Bergen Tool site presents an opportunity to bring new life to Main Street; and

WHEREAS, the Master Plan Re-examination Report cited as a potential scenario for the development of the Bergen Tool site as a mixed use redevelopment with retail goods and services with apartments on the upper floors fronting on Main Street and a public plaza together with 3 to 4.5 acres of recreational use; and

WHEREAS, the Master Plan Re-examination Report recommended that the Planning Board prepare a Concept Plan to determine the most appropriate use of the Bergen Tool site; and

WHEREAS, a sub-committee of representatives of the Planning Board and Town Council have been working with the Town Professionals for over a year to prepare a Concept Plan and Ordinance consistent with the objectives and recommendations of the Master Plan Re-examination Report; and

WHEREAS, the sub-committee considered the comments and advice of the Town Professionals, heard and considered comments from the contract purchaser of the property, considered public comments and Planning Board comments made at two (2) Planning Board meetings, considered a Community Fiscal Impact Report, reviewed the Community Insights Phase One and Phase Two Reports on bringing business back to Main Street and met to debate the issue on numerous occasions and for many hours; and

WHEREAS, the Planning Board on October 27, 2009 recommended adoption of the Ordinance to create a new zoning district that would encompass the Bergen Tool Site known as the “Planned Mixed Use Downtown Development District”; and

WHEREAS, the Mayor and Common Council after considering public comments made at a public hearing held on May 10, 2010 referred the ordinance back to the sub-committee to consider and evaluate comments made at the meeting;

WHEREAS, the sub-committee has met three times subsequent to the May 10^th hearing to review the Bergen Tool site and has recommended the following ordinance be considered for adoption and also recommends that the Mayor and Common Council and the Planning Board consider addressing the issues of establishing historic design standards for Main Street and the Historic District, designating Main Street as an area in need of rehabilitation and the implementation of a tax abatement ordinance for Main Street facade improvements.

WHEREAS, it is in the best interest of the Town of Hackettstown, its residents and its business owners that the Bergen Tool property be developed in accordance with the Concept Plan and Ordinance developed by the sub-committee; and

WHEREAS, the Concept Plan and the Ordinance set forth below advance various purposes of zoning as set forth in the Municipal Land Use Law and is a reasonable zoning of the property;

THEREFORE BE IT RESOLVED by the Mayor and Common Council of the Town of Hackettstown as follows:

Section One: The Land Use Ordinance of the Town of Hackettstown is amended to add Section 410 to read as follows:

410 “PMU” PLANNED MIXED USE DOWNTOWN DEVELOPMENT

A. Permitted Uses:

1. All those permitted and accessory uses within the TCC Town Center

Commercial District subject to the requirements of Section 406.

2. Planned Mixed Use Downtown Development Uses which shall be subject

to the special requirements listed herein.

(a) Permitted Uses/Principal Uses

(1) Retail sales of goods and services. Financial centers are

not considered retail sales of goods and services and are

not permitted in the “PMU” district.

(2) Retail and Personal Services with the exception of: Escort services, massage and tattoo parlors, pawn shops, dance halls, drug paraphernalia shops, nail salons not in conjunction with a full beauty shop, financial service centers.

(3) Offices and office buildings

(4) Banks, excluding drive-in facilities

(5) Restaurants and taverns, excluding drive-in restaurants

(6) Apartments/condominium flats. Apartment/condominium flats shall be multi-family dwelling units, for sale or rent, that are located one over another with shared entrance and exit facilities, in a multi-story building which may contain non-residential uses on the first floor. The garden apartment dwelling style arrangement is not a permitted use in this district.

(7) Hotels

(8) Classrooms for college or commercial schools

(9) Public purpose uses as defined in Section 200 of

this ordinance

(10) Mixed uses of any of the above

(11) Indoor commercial recreation

(b) Conditional Uses

(1) Public Utilities

a. Conditional Use Requirements

(i) Public Utility uses must comply with the provisions in Section 601A of this ordinance

(c) Accessory Uses

(1) Off-street parking (See Section 508)

(2) Parking garages

(3) Fences and walls (See Section 503)

(4) Recreational facilities

(5) Public and Private Parks and Open Space

(6) Signs (See Section 513)

(7) Sales and rental office

(8) Construction office and/or trailer for the duration of the

construction of the project

(9) Utility facilities

(d) Minimum Tract Area. The minimum tract area for the development shall be ten (10) acres under the ownership or control of a single entity.

(e) Maximum number of Dwelling Units Permitted. The maximum residential density shall be the lesser of nine (9) dwelling units per gross acre of land or ninety-nine (99) units.

(f) Non-Residential Development Floor Area. The Planned Mixed Use Downtown Development Use shall be comprised of a mix of residential and non-residential uses. In addition to the residential dwelling units, a minimum of 30,000 square feet of retail or office space shall be incorporated into the first floor plans of any buildings fronting on Main Street and Stiger Street south of First Street. In addition, a maximum of 98,500 square feet of office floor area or indoor commercial recreation floor area or combination thereof shall be permitted north of First Street. In no case shall the gross floor area (G.F.A.) of non-residential development exceed a ratio of 0.28 for the entire district.

(g) Maximum Building Coverage. The maximum coverage for all principal and accessory buildings on the tract shall be thirty-five (35) percent.

(h) Maximum Lot Coverage. The maximum lot coverage by all buildings and man-made improvements on the tract shall be sixty-five (65) percent.

(i) Planned Mixed Use Downtown Development Use Design, Building Arrangement, Lot Width, Frontage and Yards.

1. The Planned Mixed Use Downtown Development District design shall be based on a comprehensive plan for the entire district providing for a unified master plan governing the land use, circulation, open space, and utility needs of the development. Comprehensive design guidelines for building architecture, site layout, and landscape treatment shall be provided along with provision for ownership and maintenance of common areas and open spaces. All of the residential dwelling units in this district must occur in mixed use buildings fronting on Main Street.

2. Maximum Building Height. A principal building fronting on Main Street or Stiger Street shall not exceed three (3) stories or forty-five (45) feet in height. North of First Street, buildings shall not exceed an average of two and one half stories or 35 feet.

3. Height of Accessory Building and Structures. The height of accessory structures shall conform to Section 501 D except that a parking garage shall not exceed a height of twenty-five (25) feet and two (2) stories, if not part of a principal building.

4. Minimum Tract Frontage and Width. The minimum tract frontage and width shall be three hundred (300) feet.

5. Minimum Building Setback For Tract Buildings. All buildings shall be located a minimum distance from the tract boundary as follows:

Principal Mixed Use, Non-Residential Buildings

Front Yard: 10 Feet

Side Yard: 25 Feet

Rear Yard: 25 Feet

Except that buildings fronting on Main Street may be constructed to the street line provided that the first floor

of each building contains retail or office uses.

Accessory Building

Distance to side tract line. A parking garage: 15 Feet;

All others: 4 Feet

Distance to rear tract line. A parking garage: 15 Feet;

All others: 4 Feet

Distance to other buildings. A parking garage: 10 Feet except where it is an integral part of a mixed use structure;

All others: 4 Feet

6. Minimum Building Setback from Interior Streets or Parking Areas for Mixed Use, Non-Residential Use. All buildings shall be located a minimum of ten (10) feet from the curb line of any street or parking areas located within the tract boundaries.

7. Minimum Distance Between Principal Buildings for Mixed Use, Non-Residential use.

In the District, the minimum distance between buildings shall be as follows:

The front of one building to the front of another building: 65 Feet

The front of one building to the side of another building with windows: 25 Feet

The side of one building to the side of another building with windows: 15 Feet

The side of one building to the rear of another building with windows: 25 Feet

The rear of one building to the rear of another building: 65 Feet

Windowless wall of one building to windowless wall of another building: 0 Feet

8. Application of Area, Yard and Bulk Requirements to Individual Building Lots. In the District, a building containing a mix of residential and commercial uses may be located on an individual lot. Individual lots may be created for mixed use, and non-residential uses without regard to area or other bulk requirements provided that there is compliance with all required setbacks from the tract boundary, from streets, and between buildings. Building coverage, improved lot coverage and open space requirements shall be calculated only for the entire tract.

9. Permitted Projections. Chimneys, bay windows, overhangs and other protrusions shall be permitted to encroach up to four (4) feet within a yard area required by this ordinance. No such projections or encroachments, however, shall be permitted within required setback from interior streets or within any street right-of-way.

10. Parking.

Minimum Off-Street Parking. Residential Parking shall be provided in accordance with Residential Site Improvement Standards Table 4.4 Parking.

Non-Residential Parking shall be provided as follows:

Retail and service activities shall provide one parking space for every 350 square feet of net habitable floor area.

Offices/Banks shall provide one (1) parking space for every 350 square feet of net habitable floor area.

Restaurants and taverns shall provide one (1) parking space for every 3 seats. Parking shall not be located within ten (10) feet of a street, property line or sidewalk or five (5) feet of a building provided that a garage and driveway combination may be used as a parking space without a minimum separation from the building.

Hotels shall provide one (1) parking space for every hotel room.

Parking Facilities may be on the same lot as the building they are intended to serve or be located on adjacent properties provided their continued use for parking can be demonstrated. Access driveways and streets providing access to such parking facilities may cross or be built upon a common property line with an adjoining lot without regard to the required setbacks for such facilities. Parking spaces may be provided on street as parallel or diagonal parking or within areas designated specifically for parking. No off-street parking spaces shall be located between the Main Street right-of-way and a building.

Shared Parking. A twenty (20) percent reduction of the required off-street parking requirement may be permitted upon a showing that the uses planned for the district can be served without conflict, encroachment or off-tract impacts.

11. Special Requirements for the Planned Mixed Use Downtown Development Use.

a. Affordable Housing Units to be created. A minimum of ten (10) percent of the dwelling units shall be set aside as affordable housing units. The affordable housing obligation shall be implemented by a minimum in lieu payment of $25,000 per affordable unit obligation. These funds would be used for a market to affordable program or rehabilitation of dwelling units in the downtown area.

b. The Bergen Tool headquarters building, also known as the American Sawmill Machinery Corporate Office building, shall be preserved and incorporated into the comprehensive plan for the district.

c. Ground floor retail shall occupy at least seventy (70) percent of the Main Street building frontage.

d. Three (3) acres of open space shall be set aside to the rear of the site and graded for park activities. Ownership and maintenance of this open space and the installation of recreational facilities would remain with the tract owner. The municipality would also have use of the open space.

The open space shall be graded to accommodate the recreational facilities that are part of the approved Comprehensive Plan for the entire District. Public access to the open space for passive or active recreation shall be permitted.

e. An average of two (2) bedrooms per unit shall be required for all apartment/condominium flat units.

f. A minimum area of 3500 sf of public plaza space facing Main Street, landscaped with decorative hard surface treatment and plantings shall be provided. The specific design and location of this public plaza space shall be decided during the site plan process.

g. The architectural character of all buildings fronting on Main Street must be consistent with the historic architectural style of the buildings on Main Street that are located within the Town’s Historic District.

h. The Bergen Street intersection with Main Street shall be removed and a replacement means of access through the tract shall be provided to serve residential uses fronting on the remaining portion of Bergen Street.

Section Two: This ordinance shall take effect upon the publication of notice of final adoption as provided by law.

NOTICE

Notice is hereby given that the aforesaid ordinance was introduced at a regular meeting of the Common Council of the Town of Hackettstown, New Jersey, held on July 12, 2010, and that at a regular meeting of the same to be held on August 9, 2010, at the Municipal Building, 215 Stiger Street, Hackettstown, New Jersey, at the hour of 7:30 o’clock in the evening, the said Common Council will consider the final passage of said ordinance.

___________________________________

William W. Kuster, Jr.

Town Clerk/Administrator