The 2014 Muhlenberg study recommended an "in need of redevelopment" study as a possible next step. The Satellite Emergency Department listed as "proposed" in the 2014 study linked above was approved and is now under construction (see "SED Wins Final Site Plan Approval").
Once again, here is the legal notice (with some emphasis)
CITY OF PLAINFIELD PLANNING BOARD
NOTICE OF HEARING
PLEASE TAKE NOTICE that the Planning Board of the City of Plainfield (the "Board") will hold a public hearing on September 3, 2015 at 7:30 pm at the City Hall Library, 515 Watchung Avenue, Plainfield, New Jersey to determine whether Block 13, Lot 38.03 on City Tax Map Sheets 74 and 79 (1252-1354 Randolph Road, 1241-1323 Moffett Avenue) qualifies as an Area in Need of Redevelopment pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et. seq.
The Board has prepared a map showing the boundaries of the Study Area along with a report detailing the results of the Board's investigation regarding whether the Study Area qualifies as an Area in Need of Redevelopment under the Local Redevelopment and Housing Law. The map and report are available for inspection at the office of the City Clerk located at City Hall, 515 Watchung Avenue, Plainfield, New Jersey, during the City Clerk's regular business hours.
If the Board determines that all or any portion of the Study Area qualifies as an Area in Need of Redevelopment, the Board will recommend to the City Council that the City Council should designate such area as an Area in Need of Redevelopment. This redevelopment area determination shall authorize the municipality to exercise the power of eminent domain to acquire property in the delineated area if the property is designated for redevelopment. The designation operates as a finding of public purpose and authorizes the City to acquire the property against the owner's will.
If the area is determined to be in need of redevelopment, notice will be provided to property owners in the redevelopment area. An appeal from the determination that the area is in need of redevelopment and from the right to challenge the public purpose to condemn the property must be filed within 45 days of receipt of notice of the redevelopment designation.
Any interested persons will have an opportunity to be heard regarding this matter at the public hearing on September 3, 2015 at 7:30 pm at the City Hall Library, 515 Watchung Avenue, Plainfield, New Jersey.
In need of a hospital or " Medical Mall " not apartments in a single family neighborhood
ReplyDeleteNo doubt a redevelopment plan should have been on the table seven years ago. No doubt a Muhlenberg plan will open the door to the utilization of Long Term Tax Exemptions. No doubt a plan based on condemnation and the taking of property via eminent domain will lead to a costly lawsuit. Plenty of doubt as to how many City Council members will bother to show up to the Planning Board meeting.
ReplyDeleteEven if the Muhlenberg tract is tagged for redevelopment and condemnation is authorized, there is still a good possibility the use of eminent domain will be rejected by the courts. The Heyer & Gruel study offered a grab-bag of possibilities, certainly not something with much specificity. What will matter is the likelihood that whatever plan is ultimately hauled up the flagpole will actually come to fruition.
We know now, with the South Avenue Gateway project, that even the best of plans may come to nothing. Plans for Muhlenberg are vague. There is no financing. The trend with hospitals is toward mergers, and there are plenty of already built and available facilities that can house a medical mall or doctors offices. The climate is worse today than it was when Muhlenberg closed in 2008.
Vague proposals underpinning the use of eminent domain will not pass muster in court. Just a few weeks ago, in Casino Reinvestment Development Authority vs. Birnbaum et al, NJ Superior Court reversed itself and denied the use of condemnation: "As stated earlier in this opinion, the Court must have reasonable assurances that the plan that justifies the taking of the property will be implemented, to avoid a situation where the Birnbaum property is taken, remaining idle for years, and never being used for a public use or benefit."
http://cdn.cnsnews.com/attachments/crda_v_birnbaum_reconsideration_order_1.pdf
As much as I would like to see a specialty hospital and research facility that supplements the services provided by area hospital groups, and extends the efforts of NJ's huge pharmaceutical industry, I'm coming to the conclusion there is not the will in our public officials to even get a qualified group of healthcare experts around the table to entertain a viable formula. But because there is nothing else with much detail waiting in the wings either, I just don't see how a competent court, in light of the CRDA-Birnbaum decision, would even approve using eminent domain.
Be prepared for a costly legal battle ahead, and let the public register who among its elected officials bother to even show up.
I can't go tonight, but some people like to know what I think about planning issues. The resolution to be voted on tonight really has no connection to the Heyer & Gruel plan, nor for that matter to what JFK/Solaris wants to do. it is simply a procedural step stating that it would be appropriate to take this property out of regular zoning, so that various possible uses and ideas can be enacted later. But until a redevelopment plan is actually written and adopted, it means nothing. I therefore regard this as a harmless measure.
ReplyDeletehope so
ReplyDelete