ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOBOKEN ADOPTING THE REDEVELOPMENT PLAN FOR THE NORTHWEST INDUSTRIAL AREA (Ordinance No. R-318; amended 2-2-2000 by Ord. No. 8416; 9-6-2000 by Ord. No. R-452; 6-6-2001 By Ord. No. R-485; 3-2-2005 by Ord. No. DR-183; 10-4-2006 by Ord. No. DR-275; 12-6-2006 by Ord. No. DR-285]
WHEREAS the City Council's ad hoc Committee on Development had concluded that the area of the City shown on the City's zoning map as the I-1 zoning district south of Fourteenth Street had experienced significant erosion in assessed property values from 1990 forward as well as continuing erosion in manufacturing jobs; and
WHEREAS the revised Land Use Plan Element of the City's master plan had recommended in 1986 that the I-1 designation be re-considered if no comprehensive industrial retention program had been initiated; and
WHEREAS the City Council therefore adopted resolutions on February 7, 1996 and September 17, 1997 authorizing the Planning Board to conduct a preliminary blight investigation study of said I-1 zoning district south of Fourteenth Street (the "Study Area") pursuant to NJSA 40A:12A-5 to determine whether the area was an "area in need of redevelopment" and further authorized the Planning Board to prepare a redevelopment plan pursuant to NJSA 40A:12A-7a et seq. if such a finding was made; and
WHEREAS the Planning Board engaged the planning firm of Vandor + Vandor (the "Consultant") to provide the necessary planning expertise to assist the City in conducting the blight investigation of the Study Area and to prepare a redevelopment plan for the Study Area or any portion of it found to be an "area in need of redevelopment"; and
WHEREAS the Planning Board held a public hearing on April 29, 1998 on the results of the blight investigation following public notice and notification of property owners pursuant to NJSA 40A:12A-6; and
WHEREAS the Planning Board at its regular meeting on May 5, 1998 adopted the recommendations of the Consultant as to the proposed boundary for the redevelopment area after determining that Block 89, Lots 22-26 should be an outparcel and further adopted the redevelopment plan prepared by the Consultant entitles "Northwest Redevelopment Plan", and
WHEREAS the Planning Board has referred said redevelopment plan to the Council for its adoption pursuant to NJSA 40A: 12A-7
WHEREAS, upon review of the Redevelopment Plan, the City Council makes the following findings with respect to said Redevelopment Plan:
1. The Redevelopment Plan will provide broad general guidelines for a comprehensive renewal program for the City's northwest industrial area which is intended to revitalize the area.
2. The rationale for the Redevelopment Plan, set forth in Pages 3-8 and incorporated herein by reference, will permit the City to transform the uses and thus revitalize the northwest industrial area.
3. The Redevelopment Plan provides an outline for the replanning, development or redevelopment of the Redevelopment Area sufficient to indicate the Redevelopment Plan's relation to the goals or objectives set forth above and set forth in the Plan itself.
4. The Redevelopment Plan is structured to build on the existing strengths of the area, to coordinate and promote retail, light commercial and residential development compatible with the scale and texture characteristic of Hoboken.
5. The Redevelopment Plan recommendations, with regard to the following general aspects of development, are reasonable:
Arrange or contract for relocation of residents, industry or commerce displaced by redevelopment activities
Make plans for voluntary repair and rehabilitation of buildings
Make plans for enforcement of regulations relating to use and occupancy of buildings and improvements, including regulations for compulsory repair, rehabilitation, demolition or removal
LAND USE AND BUILDING BULK REGULATIONS, APPLICATION AND INTERPRETATION
The plan area will be subdivided into Zones 1, 2 & 3. Zones 1 & 2 will permit residential use, Zone 3 will not. Otherwise, all other permitted uses will be -the same in all zones. The primary difference between Zones 1 & 2 will be the building configuration possible for residential. A set of urban design guidelines is included in the plan and will apply to all new construction and substantial rehabilitation. Minimum site size is 10,000 sq. ft. unless otherwise specified.
Residential buildings, both principal and accessory, shall be constructed only within the boundaries of Zones 1 & 2 which permit residential use. Where a property owner owns and develops adjacent lots which overlap a residential and nonresidential zone, no part of the principal or accessory residential building (e.g., accessory parking) shall be located within the abutting non-residential zone (Zone 3). Public recreation space created to generate bonus residential units shall be located on the same lots as the principal residential building receiving the bonus (i.e. only within the boundaries of Zone 1 or Zone 2) unless granted a special exception by the City Council or as indicated below in the sub-zone regulations and in the Urban Design Guidelines.
Permitted Land Uses - All Areas
The following uses are currently permitted in the underlying I-1 zone and may continue to be created as new uses or may be expanded (all other uses now listed in §196-17B(1) and D(1) of the Hoboken Zoning Ordinance as permitted or conditional uses are not permitted under the Plan but may continue as nonconforming uses and may be rehabilitated but not expanded unless specifically permitted under the Plan); parking and loading requirement is pursuant to §196-44 &
See Urban Design Guidelines: General Building Bulk and Yard Requirements for application of street setbacks and yard locations.
Office/research labs:
Bldg. Ht: 60 ft. (4 floors at 50 ft. total, over one floor of parking at 10 ft.)
Yards, Min.: street setback requirements per guidelines; rear - 0 ft. up to 10 ft. above grade; 20 ft. for floors housing principal use above 10 ft.; open rear yard parking permitted with trellis covering or trees to buffer view from above on adjacent properties or enclosed parking, see lot coverage below.
Lot coverage - 70% for floors housing the principal use; 90% for parking floor
Factory Outlet stores (free-standing)
Bldg. Ht.: 40 ft. (2 floors at 15 ft. per floor, over one floor of parking at 10 ft.)
Yards, Min.: street setback requirements per guidelines; rear - up to 10 ft. above grade; 20 ft. for floors housing principal use above 10 ft.; open rear yard parking permitted with trellis covering or trees to buffer view from above on adjacent properties or enclosed parking, see lot coverage below.
Lot coverage - 70% for floors housing the principal use; 90% for parking floor
Public parking garages:
Bldg. Ht., max.: 60 ft.
Yards, Min.: street setback requirements per guidelines, 0 ft. up to 10 ft. above grade, 5 ft. for remaining floors
Lot coverage, max.: 90%
USES PERMITTED PER THE PLAN; PARKING REQUIREMENTS
Minimum site size is 10,000 s.f. unless otherwise specified. Minimum parking is required pursuant to § 196-44 unless otherwise specified.
Accessory parking for residential buildings shall be located as described above; accessory parking for nonresidential uses located on floors above the groundfloor shall be satisfied on-site; retail or office uses which serve as required "activity areas" in corners of building base will not require parking if each gross area is less than 1000 s.f.; all other nonresidential uses located on the groundfloor may satisfy their parking requirement on or off-site (at a public parking facility within 800 ft.).
Small scale retail: permitted on groundfloor of all buildings in all sub-zones of the Plan area; required for corners of largescale residential projects; limit of 1000 s.f. of customer service area only when located on groundfloor of residential buildings.
Commercial recreation: (uses such as health clubs, gyms, billiards, bowling, skating, indoor play places for children, etc.); parking required per § 196-44 or at current industry standards for urban locations. [Amended 10-4-2006 by Ord. No. DR-275]
Bars/restaurants/sidewalk cafes: 1000 s.f. limit for customer service area, sidewalk cafes per City Code; parking required at one space per four persons permitted pursuant to maximum occupancy code.
Professional & business offices/instructional & other educational uses.
Community facilities: uses such as educational facilities, daycare centers, charter schools and other social, recreational or cultural activities owned or operated by governmental or nonprofit organizations.
Studios:
In Nonresidential Buildings (a building with more than 51% of its gross floor area devoted to nonresidential uses, excluding parking areas).
Artist studio: nonresidential work studio where artists (such as painter, sculptor, photographer, craftsperson but not limited thereto) may create and sell their own work; parking required at one space per 1000 gross s.f.
In Residential Buildings (a building with more than 51% of its gross floor area devoted to residential uses, excluding parking areas):
Live/work studio: a residential unit where a part of the unit is used as a work studio/sales area for an artist. The sales area is to be limited to the artist's own work. No more than one additional person may work there. It shall be the developer's responsibility to designate and design such studios to have proper sound insulation and ventilation as appropriate to such uses. The artist shall not use any devices or substances prohibited by applicable municipal, state and federal law(s), rule(s) and/or regulation(s). Such units may only be created where they abut (on at least one side) a parking area or another nonresidential area. In a residential structure designed to have residential floor area masking the on-site parking floors (see Zone 1 and Zone 2 regulations below) or in a parking garage with residential units masking the facade, the studio/sales area shall have direct, exclusive access to the street or to the parking area such that nonartist residents are protected from the movement of materials, products or visitors to the studios. Where such a unit is used to satisfy the "activity area" requirement, the unit shall be a duplex; the groundfloor portion may be used alternatively as an office by a resident professional living on the second floor so long as the groundfloor office has windows on the street as described in the Urban Design Guidelines below. One parking space required for the residential unit; none required for the studio area.
Dance, rehearsal or exercise studio: a large open space for the practice of the performing arts or for instruction in various physical skills (e.g. yoga, martial arts); parking required at one space per 400 s.f. of instructional area.
Music studios: areas for the recording, rehearsing & related performance of music; sound insulation shall be required to protect adjacent residential uses; parking required at one space per 1000 s.f.; if fixed seating is provided for performance space, additional parking will be required for that area at one space per five seats.
Gallery: a room in which works of art are displayed for sale or exhibition; may be operated commercially or communally by participating artisans; parking to be provided at one space per 400 s.f. of exhibition space.
Communications/telecom services: establishments primarily engaged in the provision of broadcasting and other information technologies accomplished through the use of electronic, fiber optic cable and telephonic mechanisms (e.g. publishing, internet); parking required at one space per 1000 gross s.f.
Large scale retail (supermarket, shopping center): this use is encouraged to provide second floor space for various nonretail office space which does not normally require street frontage such as dance studios, daycare centers, educational and professional office uses; although open parking will be permitted, such sites are encouraged to provide enclosed parking facilities which can also function as public parking facilities; if facilities will have differing hours of operation, proof may be offered to show that some of the parking spaces may be "shared."
Site size, min.: 40,000 s.f.
Bldg. Ht., max.: 40 ft.
Yards, Min.: setback from east-west public streets or from east-west private streets along the line of extension of the curbline of adjacent public street - 5 ft.; setback from north-south public streets - none required for building, 5 ft. required for open parking area.
Permitted encroachment in setback area required from private street: overhead canopies/awnings provided to cover loading areas or to provide weather protection for pedestrians; up to but in no event beyond the curbline.
Lot coverage, max.: 50% if open parking provided, 65% if parking garage is included.
Parking:
Minimum of three spaces per 1000 s.f. of sales area of the supermarket; one space per 400 s.f. of other retail, office and instructional use. [Amended 10-4-2006 by Ord. No. DR-275]
See Urban Design Guidelines: Parking & Parking Design.
Movie theaters: [Added 10-4-2006 by Ord. No. DR-275] movie theaters will be permitted with no requirement for on or off-site parking in conformity with regulations in similar high density neighborhoods such as New York City subject to the special bulk regulations and urban design guidelines below:
Site size, min.: 10,000 s.f.
Bldg. Ht., max.: 60 ft.
Yards, Min.: no yards required at grade
Lot coverage, max: 100% at grade, 90% for the building structure above a height of 25 ft.
Interior waiting area: in order to prevent obstruction of street areas, the theater shall provide waiting area within the zoning lot; the waiting area shall either be an enclosed lobby or an open area that is covered or protected during inclement weather and shall not include space occupied by stairs; the design shall be subject to Planning Board approval.
Parking and loading: no parking required; a loading dock is permitted but not required subject to urban design guidelines below.
Zone 1
[Amended 12-6-2006 by Ord. No. DR-285]
The following blocks will be permitted to have residential buildings: (Blocks B.88; B.89; B.95; B.99; B.100; B.103: Lots 1-6 & 27-32; B.104; B.109; B.110; B.114: Lots 1-13, 20-33, and parts of Lots 14-17 consisting of the southerly one-third (25 ft.) of these lots; B.115: Lots 1-14 & 19-32; B.150; B.151; B.156). [Amended 10-4-2006 by Ord. No. DR-275]
Where a redeveloper chooses to combine residential use with permitted nonresidential principal uses such as community facility or office or commercial recreation in a single building, all residential use - except for lobby access - must be located on floors above the other uses and have separate secure entrances. In such a case (with the exception of Block 95, Lots 6-21 - see special regulations below) the floor area of each use must be prorated relative to the site. Such prorating shall also apply to instances where preexisting nonresidential buildings remain whether for continued nonresidential use or renovated for residential use. Residential floor area may abut parking areas which are physically separated but technically on the same level. Maximum building height shall be the maximum permitted for residential use and all residential floors shall have rear yards as required for residential buildings (with the exception of Block 95, Lots 6-21- see special regulations below).
Where such a mixed-use building directly abuts an off-site residential development, the design shall be evaluated by the Planning Board as to potential negative impact on the access to light and air of the adjoining building's residential floors.
Where the redeveloper of Block 95, lots 6 through 21 proposes to create a mixed-use building which includes a music recording studio with special requirements for sound insulation, the following special conditions shall apply: in addition to the base 3.0 FAR permitted for residential use on the site, the redeveloper may also create up to 1.55 FAR, of space for such music recording studio and its ancillary space (including transient overnight accommodations as approved previously by the Zoning Board of Adjustment) provided that for every 2.0 sq. ft. of commercial space built, a minimum of 1.0 sq. ft. of programmable public space is also built on-site. It is further provided that so long as at least 12,000 sq. ft. of public space is built, for each 1.0 sq. ft. of public space created, the builder may also create 1.0 sq. ft. of additional residential floor area beyond the base 3.0 FAR. In no event, shall the total. number of dwelling units created for the entire site exceed the maximum permitted at the base 3.0 FAR. Special bulk and parking regulations and urban design guidelines for this site can be found following the standard zone regulations immediately below.
Where such a mixed-use building directly abuts an off-site residential development, the design shall be evaluated by the Planning Board as to potential negative impact on the access to light and air of the adjoining building's residential floors.
Residential buildings shall be designed as follows (with the exception of Block 95, Lots 6-21- see special regulations below):
Building Height five residential floors (50 ft.) over one floor (10 ft.) of parking (max. total building height 60 ft.) except as varied below where residential floor area is used to mask the parking, the ground floor residential use shall not be counted as a "residential floor" so long as maximum FAR and density have not been exceeded; in such a design, the parking may occupy up to two levels so long as the parking floors are completely masked and so long as all other regulations specified herein are complied with; the ground floor height may exceed 10 ft. only to the extent necessary to raise the first residential floor level to base flood elevation.
Bonus Bldg. Ht. where stoops are provided pursuant to the bonus provisions described below, maximum total building height may exceed 60 ft.:
Alternate A: where stoops are provided along the north-south frontage(s) of a site at least once every 50 ft., floor-to floor heights may be increased to 11 ft.; no fewer than two such stoops per north-south frontage may be provided to qualify for the bonus; in such a case, maximum building height is 65 ft.; if a parapet is required by BOCA or local
Fire Dept. regulations, it shall not exceed in height the minimum required.
Alternate B: where residential floor area is used to mask parking floors and stoops are provided along the north south frontage(s) of a site at least once every 50 ft., floor-to-floor heights may be increased to 11 ft.; the ground floor height may exceed 10 ft. only to the extent necessary to raise the first residential floor level to base flood elevation or to create a minimum four step stoop; no fewer than two such stoops per north-south frontage may be provided to qualify for the bonus; if a parapet is required by BOCA or local
Fire Dept. regulations, it shall not exceed in height the minimum required.
Floor Area Ratio 3.0 for residential floor area; to be calculated using only those lots located within the residential zone boundary to be used for the residential structure (except as varied below).
Bonus FA: where public recreation space is created within the footprint of the residential structure or on adjacent lots within the residential zone boundaries (unless granted special exception by the City Council), the builder may add an equivalent amount of floor area to the building in the form of one penthouse level occupying no more than half the area of the roof below and set back a minimum of ten feet from the front facade subject to the following controls:
the public recreation space may be no smaller than 50 ft. by 50 ft. in size if open, 25 ft. by 25 ft. if enclosed
penthouse may not rise higher than 10 ft. above maximum building height permitted for the site
Corner Bldgs.: any residential building which "wraps around" a corner may exceed the maximum floor area permitted for the principal portion of that structure only to the extent necessary to allow such building structure to be located anywhere within a square defined by a line drawn 70 ft. along the lot lines extending in each direction from the street intersection and two perpendicular lines drawn to connect them, provided that all setback, density and parking requirements have been met; also see lot coverage exception.
Density: max. dwelling units permitted on the site shall be calculated by dividing permitted FA (to be calculated at 3.0 as described above - whether the site is an interior or corner location) by 1000; bonus FA may be translated into additional dwelling units by dividing it by 1000.
Lot coverage: 60%o for the residential portion of building (except on corner sites as described in the discussion of building depth and rear yards; see Urban Design Guidelines: General Building Bulk and Yard Requirements)
90% for parking level up to 10 ft. above grade as required for second level as described above.
Parking: one space for each dwelling unit except for bonus units; no spaces required for public recreation space or any publicly accessible activity areas required in the building base so long as no individual activity area exceeds 1000 s.f. gross.
For Block 95; Lots 6 through 21: Where the redeveloper proposes to create a mixed-use building which includes a music recording studio anti its ancillary spate (including transient overnight accommodations as approved previously for this site by the Zoning Board of Adjustment) with special requirements for sound insulation, the following special conditions shall apply (note: hereinafter, such development will be referred to as "studio"):
Building Height: one building mass may contain up to six residential floors (maximum: 60 ft.) which may be increased by a seventh partial floor (up to a maximum: 70 ft. in height) if bonus floor area is granted, supported over a base building which contains no more than one level of parking and one or two levels of studio space (maximum total height: 30 ft.) separated by an open volume of space not to exceed 13 ft. in height. Maximum height of the entire mixed-use structure may not exceed112 ft. to the top of the roof slab.
Floor Area Ratio: 3.0 for residential floor area; additional floor area pursuant to the bonus described below:
Bonus FR: in addition to the base 3.0 FAR permitted for residential use on the site, the redeveloper may also create up to 1.55 FAR of space for the studio provided that for every 2.0 sq. ft. of studio space built, a minimum of 1.0 sq. ft. of programmable public space shall be built on-site. It is further provided that so long as at least 12,000 sq. ft. of public space is built, for each 1.0 sq. ft. of public space created, the builder may also create 1.0 sq. ft. of additional residential floor area beyond the base 3.0 FAR
Density: maximum dwelling units permitted on the site shall be calculated by dividing permitted base FA by 1,000 (to be calculated at 3.0 FAR). In no event, even if bonus floor area, is granted, shall the total number of dwelling units created exceed the maximum permitted at the base 3.0 FAR
Lot coverage: 60% for the residential portion of the building
100% for the base building containing the parking and the music recording studio up to 30 ft. above grade as required
Parking: five spaces for the music studio (pursuant to the previous variance granted); 0.5 spaces for each dwelling unit; no spaces required for public recreation space or any publicly accessible activity areas provided in the building base
Urban Design Guidelines: the following regulations apply specifically to Block 95, Lots 6 through 21; where a conflict appears between these and the Urban Design Guidelines for the Plan as a whole, the following regulations shall control:
Building Base Design:
Door/Window/Stoop frequency: every 80 ft. on Madison Street; every 50 ft. on Tenth Street
Windows: see activity areas
Parking and Parking Design:
Window openings: may be satisfied per streetscape requirements (see below)
Garage roof may be developed for public recreation use (see below)
Streetscape Requirements:
Street trees: single row of trees every 25 ft. on all streets
Activity areas: activity area requirement may be satisfied by provision of interactive glass wall extending not less than 50% of the length of each street facade at sidewalk level
Public Recreation Space:
Design, availability and programming to be approved by the City's Department of Cultural Affairs in conjunction with the Department of Community Development with permanent public easements per Corporation Counsel
Whereas the proposed public space occupies the 30% of the site normally attributed to required private open space, the roof above the topmost residential floor shall be developed as a "green" roof which shall allow access to tenants
Zone 2
Blocks 80/81, 86 & 87 near the railroad along the Jersey City municipal boundary will be permitted to have residential buildings:
Where a redeveloper chooses to combine residential use with permitted non-residential principal uses such as community facility or office or commercial recreation in a single building, all residential use - except for lobby access - must be located on floors above the other uses and have separate secure entrances. In such a case, the floor area of each use must be prorated relative to the site. Such prorating shall also apply to instances where pre-existing non-residential buildings remain whether for continued non-residential use or renovated for residential use. Residential floor area may abut parking areas which are physically separated but technically on the same level. Maximum building height shall be the maximum permitted for residential use and all residential floors shall have rear yards as required for residential buildings.
Where such a mixed-use building directly abuts an off-site residential development, the design shall be evaluated by the Planning Board as to potential negative impact on the access to light and air of the adjoining residential building or residential floors of such building.
The redeveloper of Block 80/81, which currently is a merged block encompassing the formerly vacated portion of Jackson St. between 7th and 8th St. shall open Jackson St. through the block to the extent necessary to allow vehicular circulation by the public in a manner mutually agreed on between the redeveloper and the city. The land itself may remain privately owned and maintained, may be counted toward developable floor area, but there shall be a permanent public easement provided to ensure public access along the designated right-of-way (ROW). If the vehicular ROW is designed as part of a programmable public space, the redeveloper may design the ROW in a manner different in appearance and alignment from standard city streets subject to review by the city's engineer. If the ROW is so designed and programmed, the redeveloper may count the area of the ROW toward a bonus and shall enter into an agreement with the city to permit limited closings for specified public events.
Whereas a single entity has been designated as redeveloper of all of Block 80/81 (with the exception of one lot owned by NJT) and Block 87 (lots 1-12 and 21-32), and whereas existing buildings may remain, the following rules may be applied: multiple principal buildings may be created so long as the maximum permitted floor area, maximum permitted lot coverages and minimum open space (i.e. yard areas) of the various uses are prorated as discussed above. The Planning Board may regard the combined site as a large-scale development and permit exceptions from the strict application of the setback requirements and the location of yards and parking in the interest of providing light, air and open space and a desirable visual environment so long as the general intent of the Plan is carried out.
If the redeveloper of Block 86, a 400 ft. long trapezoidal-shaped block with approximately 113 ft. of depth at Eighth Street and approximately 55 ft. at Ninth Street, creates a public park at the Eighth Street end of the block, the park area itself may remain privately owned and maintained, may be counted toward developable floor area, but, in such case, there shall be a permanent public easement provided to ensure public access pursuant to an agreement with the city. If such park is no less than approximately 12,040 sq. ft. in area and if the redeveloper chooses the high-rise configuration for a residential building, and if the minimum average unit size is no less than 1100 net sq. ft., then the maximum FAR attributable to the residential units, including a prescribed number of affordable units may be 3.88 excluding the bonus area. Retail and/or restaurant space will be subject to Planning Board approval.
As with the development of Blocks 80/81 & 87, the Planning Board may consider the peculiar and exceptional shape of Block 86 and permit exceptions from the strict application of the setback requirements and the location of yards in the interest of providing light, air and public open space including a designated area to be used as a bikeway in compliance with the City's Master Plan so long as the general intent of the Redevelopment Plan is carried out. In conjunction with such site planning for Block 86, the City may also allow the widening of the sidewalk along Jackson Street (with or without on-street parking) in order to improve the pedestrian ambience and to further "calm" the vehicular traffic on the street.
Residential buildings shall be designed as follows or pursuant to the Zone 1 option:
Building Height ten residential floors (100 ft.) over maximum of two floors (20 ft.) of parking (maximum total building height 120 ft.), except as varied below and under "Bonus FA":
parking may be provided in a cellar as defined by the Hoboken zoning ordinance; such cellar parking shall not be counted as a "floor" so long as it extends less than 10 ft. above the sidewalk grade nearest the front street facade and so long as the final height of the building does not exceed the maximum permitted.
where residential floor area is used to mask the parking, such residential use shall not be counted as a "residential floor" so long as maximum FAR and density have not been exceeded; if a combination of residential and non residential (non-parking) floor area is so used, the parking may occupy up to two levels covering 90% of the site so long as the parking floors are completely masked and so long as all other regulations specified herein are complied with: the ground floor height may exceed 10 ft. only to the extent necessary to raise the first residential floor level to base flood elevation.
a residential accessory parking structure may be 40 ft. tall if all such floors are completely masked by residential or other non-parking floor area on at least three sides so long as the roof of the parking is landscaped and accessible to tenants of the site (see "Bonus FA" below); if the fourth side abuts an off-site development within the Plan area, the structure at the lot line may be a maximum of 20 ft. in height, structure above that height must be set back a minimum of 5 ft. or sufficient to minimize any negative impact on the light and air of the adjoining property; the visible portion of the wall which is set back from the property line shall be designed in a manner to disguise the parking use; where such structure is proposed on land adjacent to the railroad on Blocks 80/81 or Block 86, maximum height is 60 ft. so long as the structure is not immediately adjacent to an off-site residential development.
Floor Area Ratio 3.0 (except as varied above and below)
Bonus FA where public recreation space is created within the footprint of the residential structure or on adjacent lots within the residential zone boundaries (unless granted special exception by the City Council), the builder may add an equivalent amount of floor area to the building adding no more than an additional two floors (20 ft., for a total building height of 140 ft.) subject to the following controls:
an area equivalent to at least 30% of any site area attributable to residential use shall be developed and accessible exclusively to site residents as private open space; such space may calculated as any combination of on-grade areas and/or rooftops other than the roofs above residential floors, e.g. garage or office building roofs;
bonusable public space may be proposed from remaining open areas whether on-grade or on rooftops (each 1.0 sq. ft. of rooftop space may generate 1.0 sq. ft. of bonus residential floor area only if the Planning Board finds the design satisfactory including but not limited to the provision of easy and obvious accessibility to the public)
where the roof above the topmost residential floor is developed as a "green" roof and where such design allows access to tenants, such roof may count toward the 30% requirement; an enclosed community room which encloses the stair and elevator access to such roof shall be permitted; outside roof decks designed to enable tenants to maximize the enjoyment of such roof shall not be counted as roof coverage
the public recreation space may be no smaller than 50 ft. by 50 ft. in size if open, 25 ft. by 25 ft. if enclosed.
Density max. dwelling units permitted on the site shall be calculated by dividing permitted FA by 1000; bonus FA may be translated into additional dwelling units by dividing it by 1000.
Lot coverage 50% for the residential portion of the building or buildings; where multiple towers are planned, they shall be no closer than 60 ft. window to window; (see Urban Design Guidelines: General Building Bulk and Yard Requirements).
90% for first parking level up to 10 ft. above grade; if two levels of parking are created, the second floor of parking may not extend beyond a line drawn around all the exterior walls of the residential portion of the building; where complete masking is provided as described under "Building Height" above, the second parking floor may also cover 90%.
on Block 86, if the building is designed in conjunction with a public park as described above such that the footprint of the ground-floor covers less than 60% of the site, parking located on no more than one floor above such floor may match the lot coverage of said ground floor subject to the Planning board's approval of its urban design characteristics (i.e. that it is clad to look like the residential floors above rather than like a parking garage)
Parking one space for each dwelling unit except for bonus units; no spaces required for public recreation space or any publicly accessible activity areas required in the building base so long as no individual activity area exceeds 1000 s.f. gross on Block 86, where a public park is created and the footprint of the building is less than 60% on all floors thus restricting the parking floors, the Planning Board shall give special consideration to any need for parking variances that may arise for retail and restaurant uses on the lower floors considering the availability of mass transit in the form of the nearby Light Rail station.
Zone 3
[Amended 10-4-2006 by Ord. No. DR-275]
The following blocks or portions of blocks will not be permitted to have residential buildings or any structure housing a use accessory to a residential building. They will be permitted to have all other nonresidential uses permitted in the Plan.
Blocks 94/98
Block 114, Lots 18-19 and parts of Lots 14-17 to a depth of 50 feet from the southerly side of 14th Street
Block 115, Lots 15-18
Block 94/98, which currently is a merged block encompassing the formerly vacated Tenth St., shall open Tenth St. through the block to allow vehicular circulation by the public. The land itself may remain privately owned and maintained but there shall be a permanent public easement provided to ensure public access along the designated right-of-way. The subject area may be counted toward developable floor area and need not provide the mandated setbacks for east-west streets except as provided above or below.
Where the specified lots on Blocks 102 and 113 are developed as single entities, the rear yards shall be measured from the Plan boundary line running east-west through the subject blocks.
URBAN DESIGN GUIDELINES
The urban design guidelines are to be applied within the redevelopment area for all new construction and to substantial alterations (where possible). Signage shall be governed by § 196-31A & B. Roof coverage shall be governed by the limitations specified in § 196-23A for residential districts (roof appurtenances shall include decorative roof forms).
10 ft. minimum front yd. setback required from north-south streets for entire structure (including garage base) for all uses except large-scale retail, see below; stoops may encroach into the street setback area.
5 ft. minimum side-street setback required from east-west streets at 40 ft. above grade (or at the floor level closest to 40 ft. above grade) for all uses except free-standing parking garages).
rear yard to be measured from mid-block line (N-S) except as modified elsewhere in the text.
balconies/decks/bay windows within project lot lines will not be counted toward lot coverage so long as in their aggregate they do not exceed five percent (5%) of the site area; in no event may such projections encroach into the north-south street setback area below a height of 10 ft. above grade nor may they encroach into the east-west street setback area at 40 ft. above grade.
corner sites other than large-scale developments (where building wraps around the corner).
rear wall of the residential portion of a building may not be more than 70 ft. distant from the street lot line measured along a line running perpendicularly from said lot line toward the interior of the lot whether on the N-S or E-W street.
rear yard to be measured as follows: an area with a minimum depth of 30 ft. must be provided between the rear wall of a residential building or portion of building and the nearest lot line or the N-S mid-block line (where a garage forms the groundfloor of the building, rear yards are to be measured behind the first residential floor).
rear yard for a double corner building to be measured as follows: an area with a minimum depth of 30 ft. must be provided between the rear wall of a residential building or portion of building facing the east-west street and the nearest east-west lot line; where a residential building is single-loaded on one of the north-south streets, a minimum distance of 60 ft. shall be provided in the interior of the site between the rear walls of the residential structures facing the north-south streets (where a garage forms the groundfloor of the building, rear yards are to be measured behind the first residential floor facing the interior courtyard). any residential building which "wraps around" a corner may exceed the maximum lot coverage permitted for the principal portion of that structure only to the extent necessary to allow such building structure to be located anywhere within a square defined by a line drawn 70 ft. along the lot lines extending in each direction from the street intersection and two perpendicular lines drawn to connect them, provided that all setback requirements have been met
Building Base Design
windows/doors/stoops required as activity points at least every 10 ft. of a building facade as follows (activity areas satisfy this requirement):
windows to be designed as follows: the sill shall begin at a height no greater than 4 ft.-6 inches above the average grade of the blockfront on which it is located.
where residential floor area is used to mask parking floors, the window may begin at a height demonstrated by the applicant as reasonable for the residential design; in such case, the base on the building shall be heavily landscaped.
such window shall have an opening no smaller than two feet by two feet.
window openings must have decorative grill work where glass is not provided, see Parking & Parking Design below. doors are to be provided at least every 100 ft. of street facade. at least one prominent pedestrian entrance/lobby required on every N-S street front of the building base.
Parking & Parking Design garages - whether free-standing or comprising a building base, they are to be designed as follows:
all exposed facades are to be clad like residential or office buildings to the greatest extent possible (applied facades are required for robotic garages and are to be designed to be compatible with adjacent buildings).
where public parking garages are adjacent to residential structures, special design considerations regarding aesthetics, noise and light are to be given to the facade and window treatment on any wall facing the residential structure.
all building base garage roofs are to be landscaped and accessible to tenants; a portion of the roof may be used as private terraces for immediately adjacent units; in no event may the area of such private terraces exceed the length of the unit and a depth of 10 ft..
no more than one driveway will be permitted per 100 ft. of street frontage.
public parking facilities can be used to satisfy nonresidential off-street parking requirements for land uses within 800 ft. as described above with proof of lease or equivalent.
window openings are required where the garage forms the building base and shall be designed in the same style as the building above; no window openings may begin below 4 ft. above grade, nor may they be larger than three ft. by three ft.; decorative grilles, glass block or similar material designed to create 50% opacity or evergreen buffer planting shall be provided to block the view into the garage. no open parking will be permitted except as specified:
rear yard parking (where permitted) must be trellised or landscaped to provide screening from above and must be paved with decorative brick pavers, grass pavers or the equivalent.
no parking is permitted in any required street setback area.
Large-scale Retail (Supermarkets/Shopping Centers)
5 ft. setbacks will be required from north-south streets only for the parking area; 5 ft. setbacks will be required from east-west public streets on the line of extension of a public street - no other yard requirements apply; see "Uses Permitted Pursuant to the Plan" for lot coverage limitations and permitted encroachments. loading dock size shall be determined after consultation with the Directors of Environmental Services and Public Safety as to what size tractor-trailer can safely access the site.
in no event shall the required loading dock be smaller than 33 ft. in length, 12 ft. in width and 14 ft. in vertical clearance. the loading locks shall be enclosed by the building screened along street frontages as follows:
the roof of the building or a substantial canopy structure must cover the entire loading dock area as viewed from above (roof plan view).
roll-down doors shall be provided for each individual loading dock.
no signs shall be attached to any structure in the loading dock/trash/recycling area other than a single sign no larger than 2 ft. by 2 ft. indicating information dictated by local regulations or providing emergency phone numbers.
in order to provide street wall articulation and visual relief, windows, doors, plantings and/or artwork shall be provided every 10 ft. along the street facade other than the loading area in some combination of the following (note that a single row of street trees is required):
fenestration shall occupy a minimum of 50% of the linear street frontage; it shall begin at a height such that passersby can view the activity inside the store; where individual windows are used (as opposed to ribbon windows), there shall be no more than 10 ft. of linear distance between them.
the benches specified by the Washington St. streetscape specs. may be placed inside the setback area or between the street trees which shall be spaced every 25 ft.; or as appropriate for mature size of the species of tree chosen; so long as the seating area is lighted and firmly anchored.
murals (applied directly or attached), recesses or projections treated with decorative masonry or ironwork (no smaller than 4 ft. by 4 ft.), or other artwork to be approved by the Planning Board.
evergreen ivy or other vines using trellises or shrubs which provide year-round interest may be planted in the areas between the required windows
a driveway giving access to parking area (no backing out over curb)
a single row of trees shall be provided along the curb as well as buffer landscaping along the street side of the open parking area (may be combination of berms, shrubs & decorative fences to a height of at least three feet above sidewalk grade).
Streetscape Requirements
double row of street trees on north-south streets at least every 25 ft. or as appropriate for the tree species chosen (one row along the curb, one row inside the property line); see planting requirement for open parking for large-scale retail above
new sidewalks and curbs, lighting and other street furniture pursuant to the Washington Street streetscape specifications as amended
activity areas such as retail, office or ancillary uses (such as laundry rooms or gym facilities or live/work studios in residential buildings) required in corners of building base (activity areas available to the public will not require parking if each gross area is less than 1000 s.f.)
any site having only the minimum required site size (10,000 s.f.) regardless of location on the block may satisfy the activity area requirement with a prominent lobby/pedestrian entrance
sites from 10,000 s.f. to 20,000 s.f. in area:
activity areas required at street corners of at least 400 s.f. in area; where a facade is no longer than 100 ft., a lobby may be used to satisfy the activity area requirement; any street facade longer than 100 ft. must provide either an activity area or at least two stoops
east-west street facade must have at least one significant pedestrian or vehicular/pedestrian entrance
north-south street facade must have at least one significant pedestrian entrance/lobby
sites larger than 20,000 s.f. in area:
activity areas required at street corners and interior corners of at least 400 s.f. in area; lobby may not be used to satisfy the activity area requirement
east-west street facade must have at least one significant pedestrian or vehicular/pedestrian entrance
north-south street facade must have at least one significant pedestrian entrance/lobby or one activity area every 100 ft.
Public Recreation Space:
If intended to generate bonus residential space, the public recreation space must be located on lots zoned for residential use, see Sub-Zone regulations for special application
Enclosed space must be available to the public as follows:
without a fee but subject to reasonable scheduling by the building management or coop board - signage at location should direct interested parties to the individual who can provide information and access
space must be serviced with lights, electric outlets, sink and toilet
minimal furnishing must be available in the form of folding tables and chairs which may be kept in a locked area of the room with the key readily available from the management
room must be available during the week at least from mid-afternoon to evening hours and during morning hours as well on weekends
signage must be placed to clearly indicate location and accessibility of the public space (must be open at least 6 hours between 2 pm & 10 pm; weekends between 10 am and 5 pm)
Open Space must be designed as follows:
designed & built for at least passive use (plantings & park furniture required)
design to be approved by Planning Board
property owner must provide permanent public easements
signage must be placed to clearly indicate location and accessibility of the public open space (must be open at least 12 hours between 8 am & 10 pm)
landscaped rooftops which are attributed to the rear yard/private open space requirement of the residential building surrounding them may not be credited toward public recreation space, see full discussion under Sub-Zone 2 regulations.
Miscellaneous bay windows and stoops extending no more than eighteen inches into the street right-of-way may be approved by the Planning Board on presentation of appropriate liability insurance policy approved by the City attorney minimum dwelling unit size 750 s.f.
Movie Theaters [Added 10-4-2006 by Ord. No. DR-275]
a loading dock may be provided but its dimensions should be the smallest possible to accommodate the appropriate vehicles; the location shall be limited to the interior of the block with access from one or more north-south streets the loading dock shall be enclosed by the building and screened along street frontages as follows:
roll-down or similar doors shall be provided for each loading dock such that the interior of the dock is not visible when the door is closed; the door shall be kept closed at all times when not in use.
a screened and covered trash and recycling area shall be provided adequate for the private or public pick-up schedule (to be shown to the Planning Board); it shall be located in the loading dock.
no signs shall be attached to any structure in the loading dock/trash/recycling area other than a single sign no larger than 1 ft. by 1 ft. indicating information dictated by local regulations or providing emergency phone numbers. in order to provide street wall articulation and visual relief, windows, doors, plantings and/or artwork shall be provided every 10 ft. along all street facades other than the loading dock in some combination of the following (note that a single row of street trees is required):
fenestration beginning at a height such that passersby can view the activity inside the theater;
movie posters or other artwork mounted in display windows (no smaller than approximately 3 ft. by 4 ft.);
evergreen ivy or other vines using trellises or shrubs which provide year-round interest. the benches specified by the Washington St. streetscape specs. may be placed between the street trees which shall be spaced every 25 ft. or as appropriate for the mature size of the species of tree chosen; the seating area must be lighted and benches firmly anchored.
where the wall of the upper floors of the movie theater on the interior of the block faces property zones by the Plan for residential use, the wall shall be designed to have variation in texture, color, material, murals, false windows, or other treatment so as to create an interesting and attractive neighbor; the design will be subject to approval by the Planning Board at the time of site plan approval.
RELATIONSHIP TO MASTER PLANS OF CONTIGUOUS MUNICIPALITIES (JERSEY CITY, UNION CITY, WEEHAWKEN), HUDSON COUNTY AND THE STATE PLAN
The municipalities contiguous to the City of Hoboken are Jersey City, Union City and Weehawken. The municipalities which directly abut the redevelopment area are Jersey City and Union City. The master plans and most recent Reexamination Reports of those municipalities were examined to establish whether there was any potential conflict of land uses existing or proposed. The planners were also consulted in order to confirm the intent of the written material. The proposed change of uses in the Redevelopment Plan poses no conflict with existing or proposed land uses in the adjacent municipalities.
The Hudson County Plan is being revised for the first time in 24 years. A Draft Strategic Plan for the county has been made public and was reviewed. Discussions with the planners responsible indicate that there is no inherent conflict between the proposed Redevelopment Plan and the proposed revisions to the County Plan.
Hoboken recently participated in the Cross-Acceptance process of reviewing and updating the State Plan. The proposed Redevelopment Plan is in conformance with the goals of the State Plan for urban places with old industrial areas.
CONSISTENCY WITH MASTER PLAN
As discussed earlier in the section entitled "Relationship to Local Objectives", the Redevelopment Plan outlined above is not only consistent with the city's master plan but is designed to carry out its objectives. The only minor variation it makes from recent recommendations is to allow no parking spaces for residential units resulting from the public recreation space bonus. in that case the Plan suggests that it is a worthwhile tradeoff to get public recreation space in exchange for very few parking spaces. It also built on the concept of allowing greater height on the perimeter of the city by adding the western perimeter (Blocks 80/81, 86 & 87).
**Webmasters Note: The previous Appendix has been amended as per Supplement No. 56.