Developing Near Public Spaces and Parks

In the Open-Developing alongside public spaces and parks requires special consideration and a strong dose of up-front planning.

by Lori Johnston

Southwest Florida–based land developer Betsy D’Jamoos used to drive by Koreshan State Park in southwest Florida and think of David Koresh, the Branch Davidians leader who led a deadly standoff against federal agents in Waco, Texas, in 1993.

D’Jamoos had no idea what the park actually represented until her family’s development company, The D’Jamoos Group, considered creating an 85-acre mixed-use community next to the public property in Estero, Fla. That’s when she asked, “Wait a minute—isn’t this a cult?”

In researching the Koreshans, D’Jamoos realized they were not a cult and were unrelated to Koresh. “We really took the time to understand the history, and what we started learning about the Koreshans was something that [became an] inspiration to us for how we should develop the land,” she says of the Koreshan Unity, a religious group that settled in Estero in 1894. Among the group’s principles: respect for the land.
Three years of extensive discussions with community advocates, county officials, and others led to the Lee County Commission’s unanimous approval in spring 2007 of The D’Jamoos Group’s rezoning request. “The county commissioners expected our project to be very hotly debated and set aside a significant amount of time on the schedule. It was less than two hours before we had unanimous approval,” D’Jamoos recalls.
The planned development, which is called Estero on the River, was even supported by an environmental activist whose property is surrounded by the park. “The commissioners were absolutely floored,” D’Jamoos says.

The D’Jamoos Group’s success is just one example of how developers are taking the time to listen to the community instead of charging full steam into battle. From coast to coast, developers have broken out of the confrontational mentality and made their cases, swaying community advocates and city planners and resulting in “yes” votes. To settle feuds about plans to develop on or alongside public parks, experts advise meeting with the community early on, learning about the property, and being prepared to negotiate.
When it’s public property, the community’s sense of entitlement rises, says Michael Durkee, a partner with Allen Matkins, a California real estate law firm that specializes in land use and development. “Their stake in the game is much higher,” he says.

STARTING EARLY

Parks and other agencies that oversee public spaces will respond much better if they’re told what’s happening up front, says Matt Norton, a partner in the Chicago office of law firm Holland & Knight.
“No public agency likes to be surprised about a big development that’s going up without having an opportunity to know about it and to have a little bit of input,” he explains.

His firm represents the Lake County Forest Preserve District, which owns a golf course situated next to Grand Dominion, a Del Webb active adult community in Mundelein, Ill.

When controversy arose over whether Grand Dominion residents should be able to access the course with their own golf carts instead of renting them from the district, the developer negotiated with the district, Norton says. The winning arrangement was that residents could use their own golf carts— driving directly onto the course—if they paid an annual fee, he adds. “It’s a good example of early communication and participation.”

Others agree communication is the key to diffusing situations. But that doesn’t mean a major public relations campaign is required, Durkee says. Instead, developers should communicate with the community in the fashion that it likes. For example, they might hire someone involved in the community to meet with the opposition and reassure them that their input will be considered.

“The one misstep that I see most often is when developers say, ‘Here’s my plan, and I’m going to push it through,’ and the community says, ‘If the developer wants to do this, obviously he’s somehow screwing us,’” says Jeff Kerr, team leader for development services in the Cleveland office of Atwell-Hicks, a land development consulting firm.

KNOW WHAT’S THERE
Don’t assume that open space will remain open space, Norton says. Some might be earmarked for future restoration; other space might be environmentally sensitive. If developers know the quality of the public space that will be impacted by their project, they can be sensitive to the issues and address those up front.
The D’Jamoos Group, for example, faced opposition because the Koreshan site held some historical importance. So the company hired an archaeological consultant to assess the site. It also agreed during the zoning process to work with the county’s parks and recreation department and the local historical society to preserve elements, including houses and pieces of walls. The company recognized that the property evoked memories and nostalgia about old Florida, “so we wanted to be very respectful of it,” D’Jamoos says.

WORKING IT OUT
Developers also need to consider what they’re bringing to the table—more than new housing or retail opportunities, Durkee says. What answers can you provide to the average resident who asks, “How am I better off now that this developer came along?” Those changes may include improving existing facilities by installing lights on ball fields or adding picnic areas or a pool.

Keeping an open mind—and allowing community input—is a key strategy. In Manhattan, for example, one portion of the potential development of Hudson Square included Friends of Hudson Square inviting five landscape design firms to submit plans in a public architectural design charrette. Arquitectonica- GEO, which has offices in New York and Miami, focused on using parks and public space to maintain the neighborhood’s charm.

“[The community] did the right thing in seeking ideas rather than dictating very specifically, ‘We want this; we want that,’” says Roberto Rovira, lead landscape designer for ArquitectonicaGEO. “They allowed for the possibility to come up with ideas that went beyond maybe what the community saw or the developer saw as the ultimate potential for the sight. That’s a very healthy way to go about it.”

Cooperation Basics
To preserve parks and open spaces—along with your sanity—consider these suggestions.

1. Meet with community advocates early on. These informal discussions will allow you to gain feedback and buy-in from local folks.
2. Be considerate of the opposition. If you meet with the opposition, be sure to tune in to their concerns.
3. Plan ahead. Identify the community’s biggest concerns and offer clear solutions. That may include dedicating a portion of the land to expand the park or paying impact fees for additional park services.