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<br />5.0 REZONING <br /> <br />The CITY conducted a combined hearing on March 5, 2003 (Planning Commission - <br />hearing on Preliminary Plat, Rezoning, and Concept Development Plan) and on March <br />31,2003 (City Council) to consider various aspects of the Planned Unit Development <br />zone designation consistent with the City Comprehensive Plan and adopted Master Plan <br />for the site. <br /> <br />The CITY agrees to zone the subject property to PUD, subject to the DEVELOPER's <br />strict compliance with the approved plans, and terms and conditions of this Agreement as <br />follows: <br />· General Residence District (R-3) for Lot 1, Block 3 and Outlot B. <br />· Single Family District (R-1) for Lots 1-7, Block 2, and Outlot A (identified as <br />north public park area) and Outlot C (identified as south park and pond area) <br />· Townhome District (R-6) for Lots 1-19, Block1 <br /> <br />Minor departures from the approved final development plans, which are consistent with <br />this agreement and the underlying zoning for Applewood Pointe of Arona may be <br />approved by the CITY's Development Review Committee and the Community <br />Development Director or designee, as provided in the Roseville City Code (Section <br />1008). Substantial departures from the approved final development plans will require an <br />amendment to the Planned Unit Development in accordance with Sections 1004, 1008, <br />1010, 1012 and 1015 of the Roseville City Code. Where not superseded by more <br />restrictive requirements of this PUD, the standards of the underlying zones shall apply, as <br />stated in Chapter 1004 of the Roseville City Code. Whether an issue is "minor" or <br />"significant" shall be determined by the CITY as defined in Section 1008.09 of the City <br />Code. <br /> <br />6.0 DEVELOPMENT of PROPERTY <br /> <br />Failure by the DEVELOPER to commence and diligently undertake development activity <br />on Phase 1 in accordance with the final development plans within two years of the <br />effective date of this Planned Unit Development will necessitate the DEVELOPER <br />seeking approval of an extension of the development schedule by the City Council within <br />60 days after the conclusion of the two year period. If an extension is not applied for, the <br />Council may instruct the Planning Commission to initiate rezoning to the original B-1 <br />zoning district or to a zoning designation consistent with the Comprehensive Plan. For <br />purposes of this provision, development activity shall be defined as obtaining a building <br />permit, commencing and continuing with project construction on the site. <br /> <br />Development of the property and installation of improvements shall be in substantial <br />accordance with the anticipated development schedule provided by the DEVELOPER <br />and approved by the CITY (Exhibit J ). <br /> <br />4 <br /> <br />Doc# 178570812 <br />