Many of the opponents of Measure A want the old golf course to remain open space with some of it becoming a community park. The problem is they don’t own the land. While Cypress citizens did place zoning restrictions on the racetrack and golf course property with Measure D, they did not exercise eminent domain. Eminent domain would have required the city to purchase the property at fair market value. The City did not purchase the property so the golf course and racetrack properties remain privately owned. Just because something is zoned in a particular fashion, it doesn’t mandate its ultimate use because the city doesn’t have the right to require the property owner to develop the property into any of the uses under the public and semi-public uses allowed under Measure D, it only limits any development to those uses. Realistically, an owner is only going to pursue such a development if it is economically viable and advantageous.
Measure D was passed 25 years ago and the golf course closed in 2004. While Cottonwood Church and SeaCoast Grace Church acquired some of the property and built churches, no entity has come forward to purchase any of the remaining golf course from the property owner for other allowable purposes including a park. I would presume the property owner would have been happy to sell it to them. At this point, it seems to me that Measure D has boxed the property owner in by restricting zoning to uses for which there are no investors or buyers.
It is important to remember that what brought everyone together was the anger toward the Prologis project that was designed to be a warehousing and distribution center. We did not come together over a desire to acquire the property for a park. If everyone wanted a park, the community should have protested the senior housing that we hoped to get on the 33-acre site since it wasn’t a park. All of us who oppose the Prologis project stated early on that we were not advocating no development, we were advocating responsible development, hence the name Citizens for Responsible Development (CFRD).
While I don’t think the Prologis project is a good project for our city, I do believe Measure A with the deed restrictions is a great project. The opponents say the deed restrictions aren’t enforceable. I can understand that they would question the property owner’s attorney, and some don’t trust our city attorney although I have known him for a long time and he is a man of integrity. CFRD even went and had an independent land use attorney review the deed restrictions and they have said they are enforceable. The opponents are stuck believing the deed restrictions can’t be enforced. If they did believe they were enforceable, they’d have to argue that new housing in our city is a bad idea.
There are some folks that think the community should get something out of the zoning change if Measure A is passed because the property owner will make a significant profit off the sale of the property. I think the community will benefit significantly if Measure A passes. We are getting new homes that will provide property taxes, a portion of which will help fund our parks. The developer will be required to pay $8,000 per lot (Quimby fees) to the city for the development and/or enhancement of city parks. We will be assured that there will not be a warehousing and distribution facility near our residential area. With new, high-end homes, we will likely experience an increase in property values. We will get funding for schools and new neighbors that will shop in Cypress and generate additional sales tax revenue.
The existing Cypress parks and recreation facilities have $28 million in deferred maintenance and needed enhancements. The survey conducted by Cypress in 2011 concluded that there wasn’t sufficient support for a bond sale to address the needs in the existing parks. The survey also found that most people are pleased with our current park and recreation services. When you look at the summary of the survey, you will find that “purchasing property for and developing new parks” was of least importance to those surveyed. Where would the money come from for new park land and the ongoing maintenance? To insist that the property owner share his potential profits with the community through a donation of property for a park or other funding in order for the citizens to agree to a zoning change could be deemed extortion. If the residents of Cypress want a park on the racetrack property at some point in the future, the residents need to be prepared to buy the land, develop it, and maintain it.
I believe Measure A, given the deed restrictions, is a big win for our city which is why my wife and I have already voted Yes and mailed in our vote-by-mail ballot.
George Pardon is as Cypress resident