JACKSON, NJ – Grappling with the prospect of new and massive apartment and townhome projects throughout the community, the Jackson Township Council passed an ordinance on Tuesday night that would limit the overall number of units in Highway Commercial Mixed Zones. That zone was created to accommodate entertainment and commercial developments like Adventure Crossing, which were built around commercial ratables and some housing.
However, a loophole in the zoning ordinance would allow developers to use their total project scope to calculate housing units and not the land mass of the specific housing complex. That would have allowed for city-like density in any 4A Commercial/Residential Zone.
Seeing the possibility that developers could exploit that loophole, the council voted 4-1 to close the loophole and amend the ordinance.
Councilwoman Jennifer Kuhn noticed the problem when she saw a commercial advertisement in a real estate trade publication offering up to 1,2000 units at the Adventure Crossing project near Six Flags Great Adventure. Knowing the existing project only had official approvals for 400 units, Ms. Kuhn investigated.
She found that the developer was soliciting the sale of a portion of the Adventure Crossing project, which was initially approved as a commercial and entertainment development with some mixed housing units.
Prior to voting on the ordinance, the council asked the Jackson Planning Board to review the ordinance to ensure it is conforming to the township’s master plan. The planning board’s legal opinion was that it did infact conform with the township’s master plan.
Developer Vito Cardinale, who placed the ad to sell a portion of his project, once billed as two hotels, a conference center, a sports stadium, retail shops, and 400 housing units objected to the measure and threatened to sue the township for $120,000,000 if they passed the ordinance.
Cardinale, according to Kuhn submitted a new plan to the building department for Adventure Crossing that sought to replace his existing approved plan with an updated project that featured nearly 1,2000 apartment units.
“On June 13th, you put this property out to bid, looking for millions and millions of dollars. You marketed it as 1,200 single-family homes. You marketed it as hotels. You marketed it as a whole epicenter,” Kuhn said, “You threatened to sue if we didn’t back down from you.”
Cardinale has not been approved for 1,200 units at the site, and that sale appears to be contingent upon his ability to force the town into backing down from the ordinance and getting the township planning board’s approval of a new application, which was submitted this month, in reaction to the ordinance.
Cardinale tried to threaten and intimidate Kuhn from the podium.
“Sir, sit down. I’m speaking. It’s my turn. You had your minutes. I would like to speak,” she said.
Kuhn said she saw Cardinale’s new plan, which included 459 3,222 square feet, three-floor townhomes at 1,222 square feet per level. She asked Cardinale why there was a sudden change from commercial to residential units, indicating that Cardinale’s new plan removed all of the previously promised commercial units.
“Then also you’ve submitted other plans, and you’re talking about the veterans and low-income housing, which I think is great. You said that you have 115 units going towards that,” she said. “Why did he submit plans for Phase Three and Four of all the commercial to be wiped out and removed and for you to put in 459 residential townhomes along with 46 special needs affordable housing units?”
“Stop lying. Have a great night,” Kuhn snapped at Cardinale, who interrupted her several times while she spoke. “I’m not here to debate you. I’m just telling you a fact. You are trying to take a project of 450 units, and you want to change property [to 1,200 units].”
Councilman Steve Chisolm voted in favor of the ordinance, saying he has been hearing about hotels and a commercial destination at that site for 40 years and didn’t want to see it turned into an apartment complex.
“None of us was here or voted for this project at the time that it was first approved,” he said. “I would say, based on not just what I’ve seen driving over there, the traffic is insane. I would love to see the hotels that I’ve been promised for 40 plus years of my life, and I would like to see more commercial ratables,, as a member of the Chamber of Commerce and as a business owner here in town.”
Councilman Nino Borrelli also said he would vote for the ordinance to stop a city-like development from being built in a spot approved for mixed commercial, entertainment, and residential.
“Our commitment, as residents and elected representatives on this council, is to protect Jackson as best as possible from overdevelopment,” Councilman Borrelli said. “With this ordinance, we’re just reducing the density want to try to help keep our town a suburban community development. No matter where it’s being proposed, overdevelopment is a big issue and concern we continually hear about from the residents who we work for. We owe it to them, and at the end of the day,. we need more commercial than residential.”
Councilman Mordy Burnstein later thanked the entire council, “Look, we ran our entire campaign on blocking overdevelopment in Jackson, and that’s why we won. We owe it to the people of Jackson for delivering on our promise, and that’s what we did. This project has been approved. It was promised as an entertainment destination to bring tourism and commercial ratables. Any developer has the right to apply to the zoning board if their project does not conform to our town’s zoning.”
