Residents make play to block commercial development

Melinda Delpech hoped her Jan. 2 appearance at a City Commission meeting could help bring resolution to a North Trail land-use dispute that has been going on for more than five years.

Delpech, president of the Tahiti Park Neighborhood Association, was there to ask the city to do one of two things to stop the potential commercial development of two properties near the neighborhood: buy the land, or keep it residential.

The commission declined to take any definitive action, but Tahiti Park residents did make some progress. As a result of the Jan. 2 meeting, the city is exploring the possibility of buying the land to incorporate into nearby Whitaker Gateway Park.

Although the property owner showed interest in developing the site as recently as 2016, Tahiti Park residents are hopeful an end might be near.

“The city’s got issues with the way the land use changed, and if they could acquire this property and make it a park, I think it’s a win-win for everybody,” Delpech said.

Change and confusion

The severity of those issues is up for debate.

The city in 2008 changed the future land use classification of the Hampton Road parcels. As part of a citywide update, the property’s designation changed from residential multifamily to community commercial.

In 2012, Steven Bedi applied to rezone the land at 1186 and 1174 Hampton Road. He hoped to build a medical resort on the site, consistent with the commercial future land use designation.

Tahiti Park residents had a problem, though: They said they didn’t know about the future land use change until Bedi applied for new zoning. They were upset the city adjusted regulations without notification, and said the new future land use classification didn’t fit with the neighborhood.

The two properties are located just off U.S. 41. Neighboring land also has commercial zoning.

But Hampton Road is the only point of access into Tahiti Park. Delpech said the neighborhood is welcoming of some commercial development in its general vicinity. Because the points of egress and ingress into the proposed medical resort would have to be located on Hampton Road, though, Tahiti Park residents said any commercial use would cause an issue.

“It would increase traffic on our road — on this substandard road — and it would create significant safety concerns both within our neighborhood and at that intersection,” Delpech said.

Chief Planner David Smith said staff picked a new designation for the land because of its proximity to U.S. 41, a major corridor in need of new development.

The city acknowledges some mistakes were made. At least one map cataloging the proposed 2008 revisions didn’t include the Hampton Road site — human error, Smith said. But even if residents weren’t specifically notified about the proposed change, City Attorney Robert Fournier said the city met all the conditions necessary to adopt the new future land use categorization.

As a result, he said the city couldn’t remove the commercial designation without inviting a potential lawsuit from Bedi.

Because of the legal issue associated with another land use change, the commission directed staff to investigate the possibility of purchasing the property as parkland, instead.

“I’m upset about the mistakes that were made, but for me, the current analysis is: Is this the proper extension of a park?” Mayor Shelli Freeland Eddie said.

The board faced another complicating factor: Commissioner Jen Ahearn-Koch, who asked to place the item on the agenda, was formerly president of the Tahiti Park Neighborhood Association. In that role, she advocated against the future land use change.

Fournier said Ahearn-Koch didn’t have to recuse herself from the discussion, but Commissioner Hagen Brody questioned the propriety of the proceedings. He also cautioned against conflating neighborhood opposition to nearby development and a proposal to improve a city park.

He was the lone vote against further investigating the potential purchase, also citing budget concerns.

“Acquiring additional property in a commissioner’s neighborhood, I don’t think is appropriate at this time,” Brody said “I think we should be investing in the parks we already have and improving them.”

It’s unclear whether the property owner would be interested in a potential sale. Bedi, who withdrew his rezoning application in 2017, did not respond to a request for comment.

Although there are still points of contention, Delpech said residents and city officials have found significant common ground. Now, she’s hopeful that will produce a long-awaited resolution.

“That’s what we want; that’s what the city wants,” Delpech said. “It’s just a matter of whether we and the city and the current property owner can reach an agreement.”