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<br />5.0 REZONING <br /> <br />The CITY conducted a combined hearing on April 2, 2003 (Planning Commission - <br />hearing on Preliminary Plat, Rezoning, and Concept Development Plan) and on April 28, <br />2003 (City Council) to consider various aspects of the Planned Unit Development zone <br />designation consistent with the City Comprehensive Plan and adopted Master Plan for the <br />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 />. Change from B-1 (Limited Business) to PUDI R-3 (General Residence District) <br />for Lot 1, Block I. <br /> <br />Minor departures from the approved final development plans, which are consistent with <br />this agreement and the underlying zoning for Heritage Place Senior housing complex may <br />be 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 />10 10, 10 12 and 10 15 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 Where not superseded by more 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 />in accordance with the final development plans within two years of the effective date of <br />this Planned Unit Development will necessitate the DEVELOPER seeking approval of an <br />extension of the development schedule by the City Council within 60 days after the <br />conclusion of the two year period. If an extension is not applied for, the Council may <br />instruct the Planning Commission to initiate rezoning to the original B-1 zoning district <br />or to a zoning designation consistent with the Comprehensive Plan. For purposes of this <br />provision, development activity shall be defined as obtaining a building permit, <br />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 and <br />approved by the CITY (Exhibit J ). <br /> <br />4 <br />