DCD to Diana Smeland re Timber Harvesting: 4/3/15

Sent: Friday, April 03, 2015 8:52 AM
To: Diana Smeland [PLA]
Subject: Tree Harvest in the MPR Open Space Zone

Diana,

As a follow up to the question on timber harvesting in the MPR Open Space zone, and after reviewing the MPR Development Agreement and Code, I’ve concluded that tree harvesting is not allowed in the MPR Open Space Zone, for the following reasons:

1.       Timber Harvesting is not a listed use per 17.05.090 and under 17.40.020
2.       Timber Harvesting is not a listed exemption under 17.05.100
3.       The purpose of the MPR Open Space zone is to “preserve in perpetuity” (forever) and enhance the natural amenities of Port Ludlow.  The uses allowed in that zone shall be low impact and serve to promote and enhance the aesthetic qualities of the MPR.  Natural amenities are those that occur naturally from nature as with trees.  Tree harvesting is not a low impact use of the land, nor does it serve to enhance the aesthetic qualities of the MPR – quite the opposite.

17.05.090 Compliance with regulations required.
No structure shall hereafter be erected and no existing structure shall be moved, altered, added to or enlarged, nor shall any land or structure be used, or arranged to be used for any purpose other than that which is included among the uses listed in the following chapters as permitted in the zoning district in which the structure or land is located, nor shall any land or structure be used in any manner contrary to any other requirement specified in this title. [Ord. 8-99 § 2.20]

17.05.100 Exemptions.
The following structures and uses shall be exempt from the regulations of this title, but are subject to all other applicable local, state and federal regulations including, but not limited to, the county building ordinance, interim critical areas ordinance, the shoreline management master program, and the State Environmental Policy Act (SEPA).

(1) Wires, cables, conduits, vaults, pipes, mains, valves, tanks, or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water or the collection of sewage, or surface or subsurface water operated or maintained by a governmental entity or a public or private utility or other county franchised utilities including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during building construction, whether any such facility is located underground, or above-ground; but only when such facilities are located in a street right-of-way or in an easement. This exemption shall not include above-ground electrical substations, sewage pump stations or treatment plants, or potable water storage tanks or facilities, which shall require conditional use approval in any zone where permitted;

(2) Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment;

(3) Telephone booths and pedestals, underground utility equipment, mailboxes, bus shelters, informational kiosks, public bicycle shelters, or similar structure or device which is found by the director of community development is obviously intended to be appropriately located in the public interest;

(4) Agricultural buildings used to house livestock, store feed or farm equipment;

(5) Minor construction activities, as defined by the UBC, Section 106.2 and structures exempt under Chapter 15.05 JCC, as amended;

(6) Stormwater detention facilities associated with and accessory to new development are permitted in all zones. Any above-ground detention facility or pond shall be screened from the public right-of-way or appropriately landscaped to ensure compatibility with the surrounding area. [Ord. 8-99 § 2.30]

17.40.010 Purpose.
The MPR-OSR zone preserves in perpetuity and enhances the natural amenities around Ludlow Bay, the Twin Islands and other natural areas within the MPR. Uses within the open space reserve shall be low impact and serve to promote or enhance the aesthetic qualities of the Master Planned Resort. No residential or commercial development shall be permitted in the MPR-OSR zone. [Ord. 8-99 § 3.701]

17.40.020 Permitted uses.
The following uses shall be permitted in the MPR-OSR zone:
(1) Parks, trails, paths, bridges, benches, shelters, and rest rooms, with associated parking;
(2) Directional and interpretative signage and kiosks;
(3) Private roads for maintenance and utility access or access to an interpretive center or equestrian facility. [Ord. 8-99 § 3.702]

David Wayne Johnson – LEED AP – Neighborhood Development
Associate Planner – Port Ludlow Lead Planner
Department of Community Development
Jefferson County
360.379.4465

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