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exposed soils, washing truck wheels before they leave the site, and installing and <br /> maintaining gravel construction entrances. Construction vehicle track-out is also a major <br /> dust source. Any evidence of track-out can trigger violations and fines from the <br /> Department of Ecology or the Puget Sound Air Pollution Control Agency. <br /> TIME LIMITS - Within a period of three years following the approval of the preliminary <br /> development plan and adoption of this Resolution of Intent to Rezone by City Council,the <br /> applicant shall file with the Planning Department a final development plan consistent with this <br /> agreement. The Director, for good cause,may extend for one year the period for filing of the <br /> final development plan. . <br /> If the applicant fails to apply for final approval for any reason within the time specified in <br /> Subsection 32.160 of the Zoning Code,the Resolution of Intent to Rezone shall be void. All <br /> future permits shall be subject to the requirements of the basic zoning and subdivision codes <br /> unless a new application for preliminary PRD approval is submitted and approved. <br /> PERFORMANCE AGREEMENT REZONES -MAP CHANGE. Upon approval of the final <br /> development plan consistent with this Resolution of Intent to Rezone, the City shall give effect to <br /> the rezone by adopting an ordinance that makes the change to the zone boundary or zone <br /> classification on the Zoning Map that was approved in the Resolution of Intent to Rezone. Such <br /> an amendment to the Zoning Map shall be made by City Council adopting an Ordinance which <br /> specifically describes the property being rezoned. <br /> USE OF PROPERTY INCONSISTENT WITH THIS RESOLUTION -If any use of the subject <br /> property occurs which is inconsistent with the terms of this Resolution, either before, during, or <br /> after construction and installation of all improvements required by this Resolution, this <br /> Resolution shall become void and all entitlements to the uses permitted herein shall be forfeited. <br /> Any use of the property inconsistent with the underlying zoning shall be deemed a violation of <br /> the Zoning Code and be subject to violation, enforcement, and penalty provisions thereof. <br /> 8 <br />