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STATE OF WASHINGTON <br />COUNTY OF JEFFERSON <br />i <br />21 -14 <br />In the Matter of Revising the Eligibility } RESOLUTION NO. <br />For Land Use and Development of certain } <br />Lots within a Plat known as Termination } <br />Point subject to earlier County Commission } <br />Resolutions prohibiting their development } <br />WHEREAS, certain real property located in Shine in unincorporated Jefferson County is the <br />location of a Plat known as Termination Point Plat ( "TPP ") recorded with the Jefferson County <br />Auditor in 1961; and <br />WHEREAS, many years before Ch. 36.70A RCW (the Growth Management Act) became <br />applicable to this County a portion of the TPP was mapped and determined to fall within zones <br />known as "Uos" or "Urs," meaning a portion of the TPP is known to be prone to the occurrence <br />of landslides because it contains land sitting on a high bluff and lower lying land below and thus <br />vulnerable to landslides; and <br />WHEREAS, the greater likelihood of landslides at the TPP caused the Board of County <br />Commissioners ( "BOCC ") to adopt Resolution #69 -83 in July 1983, said Resolution serving to <br />impose a moratorium against all land use and development at any lot within the TPP that had <br />been mapped as falling within the "Uos" or "Urs" zone; and <br />WHEREAS, Russell J. Trask, Sr. purchased the TPP sometime in the mid- 1990's; and <br />WHEREAS, while Mr. Trask wished to develop the TPP for single - family homes, a large <br />portion of the TPP was and remains to this day unbuildable and not suitable for single family <br />residences, particularly the lots within the TPP below the high bluff, those parcels on either side <br />of Ricky Beach Road; and <br />WHEREAS, despite the topographical obstacles to development of the TPP for single family <br />residences Mr. Trask wished to develop a portion of the TPP (above the high bluff) for such <br />residences; and <br />WHEREAS, the County adopted in 1997 as Resolution #90 -97 a conditional release from the <br />1983 Moratorium for certain parcels located behind or above the high bluff if certain <br />preconditions (such as an amended TPP plat, installation of an erosion and drainage control <br />system to the satisfaction of the County and a confirming letter from the County Engineer) were <br />satisfied by Mr. Trask; and <br />WHEREAS, the 1997 partial release Moratorium served to release certain lots within the TPP <br />from the 1983 Moratorium, specifically Lots 1 -4, 42 -56 and those portions of 22 -35 not <br />extending south of or beyond the top of the faulty scarp area of the TPP; and <br />WHEREAS, that decision to release certain TPP lots from the 1983 Moratorium was based on <br />not one but two geotechnical reports, the second of which was a peer review of the first, which <br />