The Senate Community and Urban Affairs Committee on Thursday, January 30 is scheduled to consider S-1408. This legislation would authorize the conversion of office parks of at least 50,000 square feet and retail centers of at least 15,000 square feet, which has a vacancy rate of at least 40%, to mixed-use developments regardless of municipal zoning regulations. Under the legislation a mixed-use development, that is those containing both non-residential and a residential component, would be permitted use, not requiring a variance, when the application seeks to convert an eligible office park or retail center.
This bill would require the planning board to approve an application for development to convert an eligible property to a mixed-use development if the planning board determines that the application does cause substantial detriment to public good and without substantially impairing the intent of the zoning ordinance and the application complies with the requirement of the bill. The planning board would be able to give conditional approval for complying with requirements for parking, water supply, sanitary sewer capacity, storm water management, bulk standards, and all reasonable site plan review, recreation, and design standards. However, the height and setback limitations shall be at the greatest height and least restrictive setback limitations allowed within the zone under municipal ordinance or variance approved by the planning board.
While the League is cognizant of the evolving nature of development trends within the state, we oppose S-1408 as it undermines the careful planning and consideration that has gone into municipal zoning. The State’s intervention to require a property zoned strictly commercial to convert to mixed-use undermines the careful and thoughtful zoning practices of local governments. It is through the variance procedures provided for within the Municipal Land Use Law that an appropriate review of any deviation from the zoning requirements is made. This important procedure should not be preempted.
Further, municipal leaders are intimately aware of their zoning as well as the trends in development towards a more centralized, walkable living environment. With this in mind, many municipalities have already begun to reexamine their zoning to accommodate these developments from a more holistic approach, taking into consideration all aspects of zoning and their Master Plans. It is unnecessary to adopt legislation that makes a wholesale change to all municipalities throughout the state.
We ask that you review S-1408 and consider reaching out to your legislators and to the Senate Community and Urban Affairs Committee to express concerns with this attempt to preempt local zoning.
Contact: Mike Cerra, Executive Director, mcerra@njlm.org, 609-695-3481, x120.