Master Plan Amendment

Amendment to the Land Use Plan Element of the Township of Millburn Master Plan

RE: Block 5303, Lots 3 and 4

Prepared for: Township of Millburn Planning Board

By: Phillips Preiss Grygiel LLC Planning and Real Estate Consultants 33-41 Newark Street Hoboken, NJ 07030

Adopted by the Township of Millburn Planning Board: September 17, 2014

The original of this report was signed and sealed in accordance with N.J.A.C. 13:41-1.2

Paul A. Phillips, AICP, PP New Jersey Professional Planner License #3046

August 2014

Township of Millburn Planning Board

Members Kenneth Leiby – Chairman Mary Esquivel – Vice Chairwoman Elaine Becker Justin Blackhall Sandra Haimoff Roger Manshel Ian Mount Lisa Chenofsky Singer Joseph Steinberg Matt Lipp, Alternate #1

Eileen Davitt, Board Secretary Edward Buzak, Board Attorney Paul A. Phillips, Board Planner

Table of Contents

I. Introduction and Planning Framework ...... 1 Overview ...... 1 Existing Master Plan and Zoning Classifications ...... 2

II. Surrounding Land Uses and Zoning ...... 5

III. Planning Basis for the Master Plan Amendment ...... 8

IV. Land Use Plan Element and Mixed-Use Development Parameters ...... 10 Introduction ...... 10 Permitted Mix and Locations of Uses and Development Parameters ...... 10

V. Relationship to State Development and Redevelopment Plan and Adjacent Municipalities ...... 13 Relationship to State Development and Redevelopment Plan (SDRP) ...... 13 City of Summit ...... 13 Borough of Chatham ...... 14 Borough of Florham Park ...... 15 Township of Livingston ...... 15

VI. Benefits of the Master Plan Amendment and Relationship to Master Plan Goals and Purposes of the Municipal Land Use Law ...... 16

VII. Conclusion ...... 18

List of Figures

Figure 1: Location Map of the OR-3 Zone ...... 3 Figure 2: Aerial Photograph of the OR-3 Zone ...... 4 Figure 3: Surrounding Land Uses ...... 6 Figure 4: Adjacent Zoning ...... 7 Figure 5: Land Use Map Change ...... 11

List of Tables

Table 1: OR-3 Office and Research Zone: Bulk Standards ...... 2

iii

I. Introduction and Planning Framework

Overview

The Township of Millburn Planning Board is amending the Land Use Plan Element of the Township Master Plan to include mixed-use development among the permitted uses within the existing OR-3 zone classification. There is currently a single OR-3 zone classification as part of Millburn’s Land Use/Zone Plan. It is located in the extreme westerly portion of the Township near the confluence of Route 24 and John F. Kennedy Parkway. This district is served by an extensive transportation network which includes Route 24, John F. Ken- nedy Parkway, Route 124 and South Orange Avenue (see Figure 1: Location Map of the OR-3 Zone). The district is also within 2 miles of the Chatham Station on the NJ Transit Morristown Line (which provides train access to midtown Manhattan); and is approximately 3 miles to the Summit Station and 4 miles to the Short Hills Station both on the NJ Transit Morristown Line and Gladstone Branches.

The OR-3 Office Research designation encompasses two properties: Block 5303, Lots 3 and 4 (the “Subject Parcels”). Block 5303, Lot 3, otherwise known as 233 Canoe Brook Road, is approximately 1.96 acres in size. The property is currently improved with a 2- story, 19,000 square foot, brick office building constructed in 1961 which was formerly the headquarters of Roseland Property Company. The building is currently vacant. The site also accommodates a surface parking area. Mack-Cali, the owner of adjacent Lot 4 in Block 5303, recently acquired Roseland Property Company and now owns Lot 3 in this same block. The parcel is located on the north side of Canoe Brook Road. Across Canoe Brook Road to the south is the Canoe Brook Country Club. The Mall at Short Hills (the “Mall”) is located immediately to the west and is separated from the parcel by a mall access road which runs between John F. Kennedy Parkway and Canoe Brook Road. Block 5303, Lot 4 forms the northern and eastern boundary of Lot 3.

Block 5303, Lot 4, otherwise known as 150 John F. Kennedy Parkway, is approximately 12.98 acres in size. The property is improved with a multi-story, roughly 250,000 gross square foot office building constructed in 1980, together with approximately 900 surface parking spaces. The parcel is located on the south side of John F. Kennedy Parkway. The property extends from the mall access road on the west to New Jersey American Water Company lands on the east. It also shares interior lot lines with Lot 3 in Block 5303 near the corner of Canoe Brook Road and the mall access road. It is bordered on the south by Canoe Brook Road, which ends in a cul-de-sac near the southeast portion of the property. Across John F. Kennedy Parkway to the north are lands owned by New Jersey American Water Company.

The subject parcels are characterized by level topography. There is a detention basin in the easternmost section of Lot 4 with mature woodlands surrounding it. According to the New Jersey Department of Environmental Protection’s environmental mapping tool, i- MapNJ DEP, there are no environmentally sensitive lands (i.e., wetland areas, regulated slopes, flood hazard areas, streams and watercourses, etc.) associated with the subject parcels. There are landscaped areas surrounding the buildings and along the roadways, as well as interspersed within the parking areas. (See Figure 2: Aerial Photograph of the OR-3 Zone.) Access to Lot 3 is currently provided via two driveways located on Canoe Brook Road. Access to Lot 4 is currently provided via a two-way driveway on the Mall access road, as well as a two-way driveway on Canoe Brook Road. There are two curb cuts on Lot 4’s John F. Kennedy Parkway frontage: one is an eastbound exit only driveway; and the other is an eastbound entrance and exit driveway.

Existing Master Plan and Zoning Classifications

The Subject Parcels are located in the Township’s OR-3 Office and Research zone and are similarly designated in the Land Use Element of the Master Plan. The purpose of the OR-3 zone is “to provide administrative, research, or engineering facilities related to sci- entific research, product development, or related activities; office uses; hotel; and service facilities.” The OR-3 district permits the development of office and financial institutions; and retail services, such as beauty salons and barber shops. Permitted accessory uses include parking and loading areas. The bulk requirements of the district are depicted in Table 1.

Table 1: OR-3 Office and Research Zone: Bulk Standards

OR-3 Zone Minimums Lot Area 10 acres Lot Width 400 feet Lot Depth 400 feet Front Setback 75 feet* Side Setback 50 feet Rear Setback 50 feet Maximums Building Coverage 15 percent Floor Area Ratio 0.40 Lot Coverage 55 percent Building Height 60 feet

*Front setbacks for accessory uses shall be 25 feet or equal to the height of the accessory struc- ture, whichever is greater.

AMENDMENT TO THE LAND USE PLAN ELEMENT OF THE TOWNSHIP OF MILLBURN MASTER PLAN | BLOCK 5303, LOTS 3 & 4

TOWNSHIP OF TOWN OF LIVINGSTON WEST ORANGE

BOROUGH OF FLORHAM PARK

BOROUGH OF CHATHAM TOWNSHIP OF OR-3 ZONE TOWNSHIP OF MILLBURN MAPLEWOOD

CITY OF SUMMIT

TOWNSHIP OF UNION

TOWNSHIP OF SPRINGFIELD

0 2,000’ 4,000’ 3 FIGURE 1: LOCATION MAP OF THE OR-3 ZONE PHILLIPS PREISS GRYGIEL LLC | AUGUST 2014 AMENDMENT TO THE LAND USE PLAN ELEMENT OF THE TOWNSHIP OF MILLBURN MASTER PLAN | BLOCK 5303, LOTS 3 & 4

AY PARKW KENNEDY JOHN F.

BLOCK 5303 LOT 4

BLOCK 5303 LOT 3

K ROAD E BROO CANO

0 125’ 250’ 4 FIGURE 2: AERIAL PHOTOGRAPH OF THE OR-3 ZONE PHILLIPS PREISS GRYGIEL LLC | AUGUST 2014 OR-3 ZONE SOURCE: BING.COM II. Surrounding Land Uses and Zoning

Lands immediately surrounding the Subject Parcels are developed for a mix of retail and open space/recreational use. In the general vicinity are also watershed lands and additional office development (see Figure 3: Surrounding Land Uses). The Canoe Brook Coun- try Club is located to the south; the Mall at Short Hills is located to the west; and lands owned by the New Jersey American Water Company (the “Water Company”), a water and wastewater utility company, are located to the north and east. Included in the Water Com- pany’s lands are Canoe Brook Reservoir Numbers 1 and 2, a water treatment plant, and over 500 acres of watershed land. Across John F. Kennedy Boulevard to the northwest are office buildings and the Short Hills Hilton. To the southeast, adjacent to the Canoe Brook Country Club, is a single-family residential neighborhood.

Figure 4 depicts the zoning of the immediately adjacent lands in the Township of Millburn. The Mall at Short Hills is zoned B-1 Regional Business. The Canoe Brook Country Club and the Water Company lands are zoned C Conservation. The office buildings to the northwest of the Subject Parcels are zoned OR-1 Office-Research; and the single-family residences to the southeast are located in the R-5 Residential zone.

AMENDMENT TO THE LAND USE PLAN ELEMENT OF THE TOWNSHIP OF MILLBURN MASTER PLAN | BLOCK 5303, LOTS 3 & 4

NEW JERSEY WATER COMPANY OFFICE AY PARKW NEDY N F. KEN JOH

SINGLE-FAMILY RESIDENTIAL BLOCK 5303 LOT 4 THE MALL AT SHORT HILLS BLOCK 5303 LOT 3

K ROAD E BROO CANO CANOE BROOK COUNTRY CLUB

R OU TE 24

6 FIGURE 3: SURROUNDING LAND USES

PHILLIPS PREISS GRYGIEL LLC | AUGUST 2014 OR-3 ZONE COMMERCIAL RECREATION RESIDENTIAL OFFICE 0 UTLITY 250’ AMENDMENT TO THE LAND USE PLAN ELEMENT OF THE TOWNSHIP OF MILLBURN MASTER PLAN | BLOCK 5303, LOTS 3 & 4

BOROUGH OF CHATHAM

OR- ZONE

CITY OF SUMMIT

0 400’ 800’ 7 FIGURE 4: ADJACENT ZONING PHILLIPS PREISS GRYGIEL LLC | AUGUST 2014 OR-3 ZONE SOURCE: MILLBURN TWP. ZONING MAP III. Planning Basis for the Master Plan Amendment

Several factors have prompted the Planning Board to reconsider the current OR-3 designation for Block 5303, Lots 3 and 4. As noted, the smaller of the two lots is improved with an office building that is over 50 years old which has limited appeal in the market- place. Meanwhile, the larger Mack-Cali office building (150 JFK Parkway), centrally located within the lot, has historically had an excess of parking. Even when this building’s occupancies have been strong, there are typically large expanses of unused surface parking at both the extreme easterly and westerly ends of the property. In fact, Mack- Cali allows the adjoining Mall at Short Hills to use this lot for overflow parking during the peak holiday season.

All of the above suggests that the entire ±15 acre assemblage is currently underutilized and, as a result, there is an opportunity to provide for a development alternative (i.e., other than strictly office reuse) that can not only take advantage of the site’s locational assets, but can also provide direct benefits to Millburn Township. For example, the zone’s location in relation to the regional highway network, as well as its juxtaposition next to the Short Hills Mall and the Canoe Brook Country Club, render it an ideal candi- date for mixed-use development that would include, in addition to office use, multi-family residential and hotel use.

As part of any mixed-use development, office use should continue to be permitted. The district has convenient access to the regional highway network and several commuter rail stations, as well as the shopping and dining options at the Mall at Short Hills, and thus is reasonably well positioned in terms of continuing to attract office users. While the existing multi-tenant office building remains a viable asset, it would be prudent to relocate all of its parking to the central and easterly portions of the property, thereby freeing up the westerly section to accommodate new development/uses. This will also likely entail increasing the parking supply at the easterly end in the form of deck parking. However, structured parking should be modest in scale and well buffered from adjacent land uses. Any such parking should be no more than two levels (surface and 1 additional level) given the transition to watershed lands and single-family uses farther east.

Hotel use would be suitable at the westerly end of the district, but confined to the John F. Kennedy Parkway frontage. There has, for example, been a recent trend in mixed office/residential developments to also include a hotel use. The success of the Short Hills Hilton located at 41 John F. Kennedy Parkway (just across from the Mall at Short Hills) suggests that the area can potentially sustain another hotel given the exceptional access as well as the established office and retail (and potentially multi-family residential) presence. This hotel features 300 guestrooms, restaurants, a spa, indoor/outdoor pool, fit-

8 ness center, event space, among other amenities. A new zone designation should provide the opportunity for a similar type of hotel as part of any mixed-use development alternative at this location.

Multi-family residential development would be suitable for the western portion of the district nearest Canoe Brook Road (with views of the golf course) and directly across from the Mall at Short Hills. At this location a relatively dense multi-family prototype can be accom- modated given the surrounding development context as well as its remoteness from established single-family neighborhoods. There is also strong demand for new multi-family housing with amenities generated by both pre-retiree and empty-nester households as well as young professionals. The aging of the “Baby Boomer” population in particular is expected to reshape the region’s residential real estate market and economy in the coming years. As members of this demographic get older, many will move out of the houses where they raised families and downsize into smaller housing units with fewer maintenance re- sponsibilities. This type of residential development would allow older residents of Millburn and the larger region to relocate within Millburn to suitable alternative housing rather than relocate elsewhere. At the same time, young professionals not ready to purchase a single- family home are attracted to newer multifamily projects offering an appropriate on-site amenity package in locations with good highway access and mass transit options, as well as close proximity to the restaurant and shopping (such as offered at the adjacent Mall at Short Hills). As Millburn is primarily a single-family residential community, the existing zoning offers limited opportunities for this housing prototype.

It should be noted that in terms of traffic impacts mixed-use developments allow for greater efficiencies on the surrounding roadway system. This is because such projects offer a variety of land uses with differing peak traffic flows. For example, traffic generated by office use in the morning and evening does not peak at exactly the same time as traffic generated by residential and hotel uses. The latter uses also generate traffic which is “counter flow” in nature. Further, the combination of uses allows for a degree of internal capture on the site, i.e., trips generated by a mixed use project which travel from one on-site land use to another without using the external road network. In relation to impacts on municipal services, mixed use development is likely to generate somewhat greater demands upon municipal services (as opposed to an all-office use scenario) due to the 24/7 nature of residential and hotel use alike. This would typically be in the area of public safety (i.e., police, fire and emergency services). There are also likely to be greater water and sewer demands in part for this very same reason. Meanwhile, in light of the multi-family prototype and related amenities, very few households with school-age children can be anticipated. In any event, any increased service costs should be weighed relative to what is anticipated to be a significant new tax ratable associated with a full service hotel and a high-end multi-family development.

IV. Land Use Plan Element Amendment and Mixed-Use Development Parameters

Introduction

The Planning Board recommends that the Land Use Element of the Master Plan be amended and that a new OR-3/Mixed Use classification and zoning be created for Block 5303, Lots 3 and 4. This is depicted in Figure 5. The new district classification would permit the same uses allowed by the existing OR-3 zoning subject to all current bulk regula- tions in the district. As such, the property could continue to be redeveloped wholly in conformity with existing use and bulk standards. In addition, “mixed-use development” would be added to the list of principal permitted uses within this new district whereby the entire ±15-acre tract could be developed for a mix of office, hotel and multi-family residential development as discussed above. For the mixed-use alternative, appropriate standards would be put in place to insure that the property is developed in a manner that reflects the desired mix and juxtaposition of uses and protects adjacent property owners and the general public from potentially adverse land use impacts. Building heights and development intensities would be sensitive to existing site conditions as well as surrounding development patterns.

Permitted Mix and Locations of Uses and Development Parameters

Office Use

Office use should continue to be permitted on the site as part of a mixed-use development. With a large, tenanted building already in place, with an established office presence nearby and with convenient access to the regional highway network, the subject location is well positioned in terms of continuing to attract office users. Office use should continue to be buffered from adjacent uses and roadways via landscap- ing and setbacks.

Prime access for office use should remain from John F. Kennedy Parkway. In order to accommodate the future use mix, structured parking of no greater than two levels (i.e., one above grade) should be permitted at the easterly end of the district. The bulk requirements for office use in terms of lot depth, width and setbacks and the maximum height requirement should remain the same as under the existing OR-3 zoning. However, minimum lot size, maximum building and lot coverage, and allowable floor area ratio should be adjusted to reflect the existing office square footage as well as the contemplated mix of uses on the property.

AMENDMENT TO THE LAND USE PLAN ELEMENT OF THE TOWNSHIP OF MILLBURN MASTER PLAN | BLOCK 5303, LOTS 3 & 4

BOROUGH OF CHATHAM

OR- ZONE

CHANGE FROM OR-3 TO OR-3 \ MIXED-USE

CITY OF SUMMIT

0 400’ 800’ 11 FIGURE 5: LAND USE MAP CHANGE PHILLIPS PREISS GRYGIEL LLC | AUGUST 2014 OR-3 ZONE SOURCE: MILLBURN TWP. ZONING MAP Multifamily Residential Use

With appropriate safeguards in place, multi-family housing should be permitted as part of the new mixed-use development scenario. Such use should be restricted to the southwesterly corner of the district away from the JFK Parkway frontage (i.e., the intersection of the mall access road and Canoe Brook Road), with direct views of Canoe Brook Country Club. Such housing should be no more than to four or five levels with parking above and below grade. In no event should the heights of buildings exceed the 60-foot limit which currently exists for the OR-3 zone. The total number of units at this location should not exceed 200.

The zoning should also provide appropriate design standards for multi-family housing to ensure high quality development that is architecturally compatible with surrounding uses. In addition, the zoning should permit accessory uses such as indoor/outdoor swimming pools, fitness centers, screening rooms, business centers, etc. Multifamily residential use should be required to provide an affordable housing set-aside on-site equal to 20% of the total number of units if offered for sale, and 15% of the total number of units if built as rental housing. The allowable bedroom mix for market-rate units should also be restricted to one- and two-bedroom units so as to insure that residential development is designed to meet the needs of young professional, pre-retiree and empty-nester households.

Hotel Use

Hotel use should also be permitted as part of mixed-use development confined to the northwesterly corner of the district (i.e., at the intersection of the Mall access road and John F. Kennedy Parkway). Such use can take advantage of the highly accessible location, its proximity to Newark Airport and New York City and the presence of the Mall at Short Hills and nearby corporate office uses in the immediate area.

The zoning requirements should permit a full-service hotel, and allow restaurants, conference/meeting and banquet facilities, and spa/fitness facilities. The hotel should be limited to no more than 250 rooms and the underlying 60-foot height limit in the OR-3 district should be maintained for this use.

V. Relationship to State Development and Redevelop- ment Plan and Adjacent Municipalities

Relationship to State Development and Redevelopment Plan (SDRP)

On March 1, 2001, the State Planning Commission readopted the State Development and Redevelopment Plan (SDRP). In the SDRP, the area affected by this Master Plan Amend- ment is classified as Planning Area 1, Metropolitan Planning Area (PA-1). The SDRP defines Metropolitan Planning Areas as areas which “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 com- munities.” The Planning Board believes that the amendment to the OR-3 zone classification providing for mixed-use development at the subject location is well-reconciled with the guiding policies and policy objectives of the adopted SDRP for the Planning Area 1, Met- ropolitan Planning Area. In particular, the amended OR-3 zone classification places compact redevelopment in a suitable location that is also well served by the existing transportation network.

The SDRP further advocates for the provision of a full range of housing choices in PA-1 through redevelopment, new construction and the introduction of new housing in appropriate nonresidential settings. Consistent with this objective, the amended OR-3 zone classification will permit multifamily housing which is intended to specifically address a growing segment of the local and regional housing market (i.e., empty-nester and young professional households).

City of Summit

The border between Millburn and the City of Summit runs along Route 24 south of Route 124. The southern portion of Canoe Brook Country Club is located in the City of Summit. According to the Zoning Map for the City of Summit, lands bordering Millburn in this vicinity are located in the RO-60 Research Office zone; R-6 and R-10 Single Family Residential zones; and G Golf Course zone.

The RO-60 zone is intended for uses which involve “the inoffensive creating of end prod- ucts by research, engineering, development, and administrative work of offices to which the public does not need immediate and frequent access. It is intended to prohibit all uses which are characterized by actual or potential ‘nuisance factors’ other than congregation of employees, and light truck or rail transportation, and to screen all buildings from view of residential areas.” Permitted uses in the RO-60 include research laboratories; product development laboratories; administrative offices; and printing facilities.

The purpose of R-6 and R-10 zones is “to preserve the integrity of existing single-family residential areas by preventing the intrusion of nonresidential uses into residential neighborhoods and by maintaining existing development intensity and population density consistent with single-family residential neighborhood patterns. A compatible relationship between new or expanded houses and traditional neighborhood houses that reflect the best of the neighborhood character, particularly in terms of scale, siting, design features and orientation on the site is encouraged.” Permitted uses in the R-6 and R-10 zones permit detached single-family dwellings.

The purpose of G zone is to ensure “the preservation of the existing golf course located in Block 901, Lot 1 in the City.” Permitted uses in the G zone are the existing golf course.

The City’s most recent Master Plan, the Master Plan Reexamination Report was adopted in November 2006. The Master Plan proposes no changes to any of the zones abutting Milburn.

The Planning Board has concluded that this Master Plan Amendment is not inconsistent with the Master Plan for the City of Summit. Specifically, the Board finds that said amendment and proposed mixed-use zoning is largely compatible with the office-research, single-family residential, and golf classifications within the adjoining portions of the City of Summit.

Borough of Chatham

The Passaic River separates the Borough of Chatham from Millburn north of Route 124. According to the Zoning Map for the Borough of Chatham, lands bordering Millburn in this vicinity are located in the B-5 Business Zone. The purpose of the B-5 Business Office District provides for large-scale office and professional office use as well as research laboratories. Permitted uses in the B-5 include professional office; office; research laboratories; and child-care centers.

The most recent Master Plan for the Borough of Chatham entitled The Master Plan Reex- amination Report was adopted by the Planning Board in May 2006. The report made no recommendations regarding the B-5 zone in the vicinity of the Subject Parcels.

The Planning Board has concluded that this Master Plan Amendment is not inconsistent with the Master Plan for the Borough of Chatham. Specifically, the Board finds that said amendment and proposed mixed-use zoning is largely compatible with the office/research classifications within the adjoining portions of the Borough of Chatham.

Borough of Florham Park

The Borough of Florham Park lies to the north of the Water Company lands across JFK Parkway. According to the Zoning Map for the Borough of Florham Park, lands bordering Millburn in this vicinity are located in the C-1 Office and Manufacturing Zone. Permitted uses in the C-1 zone include municipal facilities or uses; general business offices; laboratories for nonhazardous research, experimentation or testing; light, non-nuisance manufacturing; and medical and dental offices.

The Borough’s 2005 Master Plan Reexamination and Master Plan Update was adopted by the Borough of Florham Park Planning Board on September 6, 2005. The report made no recommendations regarding changes to the C-1 zone designation.

The Planning Board has concluded that this Master Plan Amendment is not inconsistent with the Master Plan for Florham Park. Specifically, the Board finds that said amendment and proposed mixed-use zoning is largely compatible with the C-1 zoning within the adjoining portions of Florham Park.

Township of Livingston

Millburn’s boundary with the Township of Livingston runs through the East Orange Water Reserve from the Florham Park boundary to White Oak Ridge Road. The portion of the Water Reserve within Livingston is zoned WRC – Water Resource Conservation District. The WRC zone encompasses all of the East Orange Water Reserve that is within the Township. It was established to restrict development of environmentally sensitive lands and lands vital to the preservation of regional water supplies. Permitted uses in the WRC District are water utility facilities and such park and outdoor recreational uses as involve essentially unimproved land and are incidental to the natural openness of the land. There is also land in Livingston abutting Millburn in this vicinity that is located in the R-1 Resi- dence District, which is designed for single-family detached homes on lots not smaller than 35,250 square feet.

The Township of Livingston Master Plan adopted December 2007 recommends that the residential properties in the R-1 Residence District situated south of South Orange Avenue along Passaic Avenue or on streets connecting with Passaic Avenue be rezoned from R- 1 to R-3. No changes were proposed with regard to the WRC zone.

The Planning Board has concluded that this Master Plan Amendment is not inconsistent with the Master Plan for Livingston. Specifically, the Board finds that said amendment and proposed mixed-use zoning is largely compatible with the residential and conservation zoning within the adjoining portions of Livingston.

VI. Benefits of the Master Plan Amendment and Relation- ship to Master Plan Goals and Purposes of the Munic- ipal Land Use Law

The Planning Board concludes that the proposed land use/zoning modifications in this Master Plan Amendment will advance the public welfare by promoting:

• Transformation of an underutilized office property into a state-of-the-art mixed use development with office, residential and hotel use. • Opportunities for improvement of the tax and economic base of the community. • Diversification of housing choice in the Township at a location that will not adversely impact the character of Millburn’s established single-family residential neighborhoods. • Hotel use in an accessible and desirable location adjacent to the Mall at Short Hills and proximate to existing corporate office development.

Millburn prepared a comprehensive Master Plan which was adopted by the Planning Board in 1977. The plan was updated in 1985. A comprehensive update of the Master Plan was adopted by the Planning Board in 1991 and reexamation reports were adopted in 2002 and 2008. While the recommendations in this Master Plan Amendment were not foreseen in these earlier plans, the Planning Board finds that they are generally consistent with Master Plan Goals, and specifically advance the following:

a. To coordinate and integrate appropriate land uses that will promote the character of the township as a small suburb of the highest quality and that will preserve the quality of life that makes this community desirable. b. To protect the character of established neighborhoods c. To prohibit development of areas inappropriate for development, such as flood plains, water reserves, wetlands and other environmentally sensitive area.

This Master Plan Amendment provides for suitable mixed-use development in an appropriate location that does not change the established character of the Township or its established neighborhoods.

This Master Plan Amendment will also advance several of the purposes of zoning as ar- ticulated in the Municipal Land Use Law at N.J.S.A. 40:55D-2, as follows:

(a) To encourage municipal action to guide the appropriate use or development of all lands in this State in a manner that will promote the public health, safety, morals and general welfare;

(d) To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole; and

(g) To provide sufficient space in appropriate locations for a variety of residential, recreational and commercial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens.

The Master Plan Amendment encourages a more productive use of an underutilized parcel of land by providing for an appropriate mix of uses at a location with a significant commercial presence that is also largely removed from nearby single-family residential neighborhoods. Such mixed-use development is compatible with adjacent development and zoning in neighboring municipalities and the state Development and Redevelopment Plan.

VII. Conclusion

The Millburn Township Planning Board is amending the Land Use Plan Element of the Township Master Plan by changing the existing OR-3 zone designation encompassing Block 5303, Lots 3 and 4 to a new OR-3/Mixed Use classification to provide for mixed- use development among the permitted uses in the district. It is the goal of the Master Plan Amendment to allow these two lots to be transformed from what is now an underutilized office site into a viable and productive mix of office, residential and hotel use. Appropriate zoning safeguards will ensure that the location and form of this mix of uses is contextual and compatible with surrounding uses and respectful of the physical features of the property.