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In fact, in this case, the current landowner will likely claim that the city's Nvi) <br /> PUD requirements effectuate a "taking" of his property, should he not be <br /> allowed to build all 100 -plus units. A regulatory takings claim, however, <br /> requires not only a regulation which denies the property owner of ALL <br /> economic benefit (a claim which can be easily rebutted by showing that the <br /> city made a reasonable offer based on the assumption that a handful of <br /> residential units could be developed on the property) but also a "reasonable <br /> investment - backed expectation" of successful development. As indicated <br /> above, such a claim would be hard to make, given that the owner, at the time <br /> he purchased the property, knew that the property had been deemed as <br /> nearly undevelopable by other potential purchasers, and given that he would <br /> have been expected to know of the limitations of the current PUD standards. <br /> The current landowner's "expectation" that he could site more than 100 <br /> residential units on the parcel was not in any way "reasonable," given all the <br /> evidence to the contrary. <br /> Alternatively, the city should consider purchase or condemnation of some <br /> part of the property less than the whole parcel. The city may want to direct <br /> staff to explore with the developer and interested members of the public <br /> scenarios by which a few residential units might be built in areas least likely <br /> to impact the i ortant public values in the property, in exchange for <br /> allowing the cit to purchase or otherwise acquire the most sensitive and <br /> unique portions of the parcel. <br /> Finally, the city could consider whether some other publicly owned property - <br /> for instance, some of the recently closed school sites - could provide the <br /> same number of residential units, possibly at even higher densities, and the <br /> potential for redevelopment of already impacted property, in exchange for <br /> allowing the public to acquire this unique headwaters property, which a <br /> q appears <br /> to have a higher value to the public in its undeveloped state than it would <br /> covered with houses. The current owner's agent has indicated that a "swap" <br /> proposal would be considered. <br /> Given the number of opportunities to find a "win -win" with this parcel, I hope <br /> you will direct staff to continue t� pursue protection of this special p piece of <br /> the Amazon headwaters and the south hills mixed forest ecosystem. <br /> Sincerely, Jan. Wilson <br /> Attorney for Lisa Warnes, East Amazon Headwaters Preservation <br /> 3 <br />