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Item #01- Special Council Meeting - 01106114 <br />File #13-3638 & 13-3639 [Total Pages 99] <br />Possible findings would include (1) encouraging existing private open <br />space to remain by converting it to public ownership; (2) addressing <br />environmental protection objectives of the CMP through public ownership <br />and management. <br />Consequences of a NO vote, coupled with an eminent domain action <br />would avoid a "takings" challenge, although establishing fair market value <br />is an uncertain route. The City would be subject to the outcome of a legal <br />determination of value which can exceed the City's expectations, and <br />would also likely be expensive to pursue and defend. The principal impact <br />of this option would be budgetary. <br />A.3. The City could attempt to negotiate with the owners to acquire the <br />property through a negotiated purchase as a part of a NO vote on the <br />Comp Plan Amendment. The owners or contract purchasers have stated <br />in various forums that the property is not for sale. <br />Consequences of this option are both budgetary and legal. The City <br />cannot compel the owners (short of the eminent domain option is A.2. <br />above) to negotiate a sale. Moreover, making a land use decision that <br />differentially affects the value that the City might pay for the property can <br />be problematic. <br />B. Comprehensive Plan Amendment - Options and Consequences of a "YES" vote. <br />B.1. - Changes the land use designation to accommodate residential <br />development. <br />- Approval does NOT grant property rights, since those rights are granted <br />with Preliminary Plat approval. <br />- Camp Plan Amendment approval retains City authority in reviewing and <br />approving a design for the subdivision under the Preliminary Plat process, <br />including review of engineering, zoning, environmental, open space, and <br />traffic impacts of a proposed development. <br />Findings could include those suggested in the original staff report, among others: <br />a. The existing land use designation no longer provides a <br />viable use of land for a private property owner. <br />3 <br />