--- In AsburyPark@yahoogroups.com, "wernerapnj" <[EMAIL PROTECTED]>
wrote:
>
>
Let it go Werner. It is what it is and you and nobodyelse can change
it. So move on.
To paraphrase: 'If you tell a lie long enough, people will begin to
beleive it.'
>
> That Duany was the primary source of creating our Redevelopment
Plan is still being cited
> as a good reason to accept it without question. A good tactic from
a public relations view,
> but far from the truth.
>
> One needs to look at the factual history of the evolution of the
current Plan to determine
> what hapened. First the biggest lie needs to dispelled. The lie
that the Plan was held up in
> bankruptcy court as a asset of Carabetta and subject to the powers
of the Court.
>
> It was the Redevloper Agreement between the City and Carabetta that
was held as an asset
> in the bankruptcy. That agreement was the contract that obligated
implimentation of the
> adopted land use and zoning in place at the time.
>
> A Redevopment Plan is the publicly adopted set of criteria that
sets forth land uses such as
> residentail, commercial, entertainment, etc. The Plan is "owned" by
the public and can not
> and was not held as an asset of Carabetta's.
>
> Redeveloper Agreement = Contract to perform = Held in Bankruptcy
> Redevelopment Plan = Land use and Zoning = The Local Law
>
> Whoever became the developer was obligated to build out what the
law specified.
>
> So what happened? The City settled the litigation with Carabetta
and agreed to transfer his
> rights (the contract) to Asbury Partners. That contract obligated
them to impliment the
> existing Plan because that is what was adopted and had the force of
law at that time.
>
> Instead the City entered into a Memorandum of Understanding (MOU)
which was treated as
> a contract modification to settle the litigation. The MOU set forth
development criteria and
> land uses that were in violation of the existing adopted, legal
land uses. The MOU was,
> from that point on, treated as the "New Plan" upon which all
subsequent Plans were built.
>
> This is where the major error was made. A City can not devise
redevelopment plans by
> contract, it violates the public process established by the
Municipal Land Use Law.
> Changing land use and zoning to satisfy a prearranged contract is
illegal.
>
> That is how Asbury Park went from a mixed use resort,
entertainment, residential Plan
> (v1991) that was the Law at the time, to a primarily residential
Plan. The "Real Plan-1991"
> was ignored. The MOU (Settlement Agreement) was taken as the "New
Plan" and off
> everyone went to build a new Asbury Park.
>
> When the New Plan was publicized many residents and stake holders
voiced their concerns
> about the "New Asbury Park". Condos are nice but what about the
Palace, The Pony,
> Entertainment, Historic Landmarks, Public Lands, the Architecture,
etc etc ?
>
> Enter Duany - The City hires Duany to iron out all the details,
mediate, and create design
> standards. His quote diring the public presentation - '"this is
planning by contract"' --
> OUCH !!!
>
> In the end, land uses did not change, they still reflect the MOU,
Condos everywhere. We
> got narrower streets, smaller sidewalks, lost the Palace, lost the
entire public oceanfront,
> better architecture at least....
>
> I attribute most of the mis-steps to a City Council unwilling to
take input from
> knowledgaable people who had the Public's interests in mind. Also,
there was no City
> Planner on staff throughout this entire period.
>
> Werner
>
> PS - for a typical developer Condos are an easy to build cash cow
(in a good market). Real
> Redevelpment - Community based, Heritage based, Economics based -
takes a much
> higher skill level and commitment that in the end would be better
for the City.
>
>
> --------------------------------------------------------------------
--------
> From Tommy:
>
> As to why the plan has 3000 condos, he is jumping to conclusions
> that just the developer wanted that. From Sea Bright to Long Branch
> to Belmar, all of Monmouth County's previous tourist towns went to
> year-round residential rather than seasonal tourism, because
> Monmouth County has changed
>
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