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I I I I I I I I I I I I I I I P. ,4,/5 Mr, William Goodrich January 26, 1993 Page 2 3. Public Use of La~d As a part of the PUD approval, the City required that a deed restriction be ~mposed on the deed from the City to the golf course owners, requiring that the golf course be perpetually open for public play, at rates comparable to other local public courses. For all practical purposes, the City received a free municipal golf course without the attendant headaches of ownership. For any subsequent developer to claim the right %o our treatment, his project would also need to have created a substantial public recreational opportunity. 4. Grandfather's Rights to Higher Density Prior to platting Rum River Eills, we had been assessed for a road improvement project on a portion of our land based on a density formula which produced far more assessments than would have been the case under a one-in-ten acre density, which was in effect at the time of the PUD. The number of lots we were allowed was in recognition of these rights and was a comprom{se. In addition, the PUD ordinance does not have any density goals or requirements. A case-by-case review is done. 5. Downscalinq ADDroved Densit~ The approved narrative for the PUD called for a density of up to 10 units per acre for Outlot C, which would mean.about 36 units. We are asking for a lower density, looking for 12 units on 4.6 acres as opposed to 36 units on 3.6 acres. 6. Backup Drainfield/~reas · he City required, as a condition of approval of the PUD, that we ob~a/_n easements over all 120+ acres of golf course fairways =o accommodate backup systems for possible drainfield failures. Tkis translates to about an additional 3.4 acres of land for every lot in the subdivision. In short, for subsequent developers to claim tha~ approval of ou~ cu_rren~ replat would entitle them to~do townhouse development of a similar nature, I Believe ~hat thezr,.proposal would need ~o meet the following criteria: (1) Be of similar size (150+ acres); -~ (2) Be proposed as a PUD, with multiple land uses; (3) Contain a major public recreational facility;