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HomeMy WebLinkAbout090 97 eC!..: p.c. Y--:;"C¡7 .- JEFFERSON COUNTY State of Washington Termination Point Slide Area Development Activity Restriction Termination Point Plat PARTIAL REPEAL OF MORATORIUM From Jefferson County Resolution No. 69-83 A RESOLUTION ALLOWING DEVELOPMENT) ACTIVITY TO COMMENCE WITHIN AND ON) LOTS 1-4, 42-56, and portions of 22-35, OF THE) TERMINATION POINT PLAT AS RECORDED) IN VOLUME 4 PAGE 25 OF PLATS ) RESOLUTION NO. 90-97 WHEREAS, the Jefferson County Board of Commissioners adopted Resolution No. 69-83, placing a development moratorium on certain landslide-prone properties located in Sections 2 and 3, Township 27 North, Range I East, WM and Section 35, Township 28 North, Range I East, WM; and WHEREAS, such conditions have caused property damage and impose a threat to future property improvements; and WHEREAS, the Coastal Zone Atlas of Washington identifies this area along the shoreline as having critically unstable slope characteristics; and ...... WHEREAS, future activities and improvements within the subdivision plat area may further aggravate the existing situation; and WHEREAS, specific areas within the development activity restriction area may be excluded from the terms of Jefferson County Resolution No. 69-83, provided that demonstration and assurance of slope stability is presented by a qualified licensed professional civil engineer or geologist knowledgeable in the practice of soils and/or geological engineering; and WHEREAS, a geotechnical evaluation of the subject plat area dated December 1996 addressing slope stability has been prepared by a licensed engineering firm with experience in the field of geotechnical engineering; and Page 1 of 4 ! VOL 2:1~\; 541 -. WHEREAS, the geotechnical evaluation analyzes the geologic and engineering characteristics of the subject site; and WHEREAS, the Department of Public Works recommended and the applicant's engineer proposed peer review of the December 1996 geotechnical evaluation. Said peer review was conducted in April 1997 by another geotechnical engineering firm; and WHEREAS, the peer review recommended that the development restrictions on currently platted lots 1-4, and lots 22-56 be removed, subject to implementation of the drainage and setback recommendations of the December 1996 geotechnical evaluation; and WHEREAS, the December 1996 Geotechnical Evaluation and the April 1997 Peer Review are hereby adopted by reference and are on file with the Jefferson County Department of Community Development; NOW, THEREFORE, LET IT BE RESOLVED BY THE BOARD OF JEFFERSON COUNTY COMMISSIONERS that the following shall be the action of the Board of County Commissioners related to repealing the restriction on development activity within and on lots 1-4, 22-35, and 42-56 of the Termination Point Plat: BASED on findings, conclusions and recommendations prepared by a geotechnical engineering firm, and as recommended by the Director of Public Works and County Engineer, we hereby: EXEMPT from the moratorium on development imposed through Resolution No. 69- 83, lots 1-4, 42-56, and those portions of 22-35 not extending south of or beyond the top of the fault scarp or slide area of the Termination Point Plat, Subject to the following conditions: I. The proposed drainage system including the erosion control system for the upper and lower areas of the Termination Point plat may be installed, subject to prior review and approval of said construction plans by the Jefferson County Engineer. 2. Prior to approval and recording of the amended Termination Point plat mylar, notice to potential lot purchasers shall be placed on the face of the mylar stating the following: The lots within this subdivision plat are within an area subject to geologic instability. Prior to any land disturbing activity on these lots, the lot owner or authorized agent shall acknowledge such by consulting with a licensed geotechnical engineer, a professional geologist, or a licensed professional engineer knowledgeable in regional geologic conditions with professional experience in landslide, erosion or seismic hazard evaluation. At a minimum, the professional recommendations on appropriate protection measures to prevent degradation of the landslide hazard area(s} and for assurance oj public saJety shall be implemented. Page 2 of 4 Partial Repeal of Moratorium - Termination Point Plat VOL 23 '~f.' 542 3. A running/equitable covenant shall be prepared at the direction of the project proponent and signed by all owners in interest. This covenant shall provide constructive notice of the geologic condition found in this area and shall indemnify and hold Jefferson County harmless against any and all claims arising out of this condition. Said covenant shall be binding to all assigns, successors, heirs or subsequent purchasers; and shall be filed with the Jefferson County Auditor and referenced on the replat of Termination Point. Prior to the filing of this document, the covenant shall be reviewed and approved, as to form, by the Jefferson County Prosecuting Attorney. This covenant shall contain the following language: ¡/We owner of Lot(s) - in the replat of Termination Point, do hereby acknowledge the area in and around Termination Point has been and is subject to landsliding and geologic instability. ¡IWe, having full knowledge of this condition, do hereby agree and shall indemnify, defend and hold harmless the County of Jefferson, its officers, agents, and employees, from and against any and all claims, losses, and liabilities, or any portion thereof, including attorney fees and costs, arising from injury or death to persons or damage to property, as a result of this condition. 4. Prior to any land disturbing activity within the Termination Point Plat, the Jefferson County Engineer shall submit a letter to the Board of County Commissioners re- affirming the partial repeal of the development moratorium for lots 1-4, 42-56, and 22- 35 above the bluff. BE IT FINALLY RESOLVED that environmental review under provisions of Chapter 43.21C RCW State Environmental Policy; the petition to amend the Termination Point Plat; and revision to pending substantial shoreline development permit # SDP95-0003, proceed through the established review process of Jefferson County upon exclusion from the terms of Resolution No. 69-83. Page 3 of 4 Partial Repeal of Moratorium - Termination Point Plat VOL 23 'M.,543 - APPROV AL APPROVED BY THE JEFFERSON COUNTY BOARD OF COMMISSIONERS this P day of August, 1997 Seal: Approved as to form only: Q ,. M--J.t.... ~ Paul Mcilrath, Chief Deputy Prosecuting Attorney Page 4 of 4 ~~~~ fartial Repeal of Moratorium ..., Termination foint Plat VOL 23 'M;544