HomeMy WebLinkAboutMLA19-00020 JCPC Eco ADU 2-27-19DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel:360.379.4450 1 Fax: 360.379.4451
Web: w��w.Fr}cFfcrson.�vr.uslcr�mmunisy�levelnpmcnt
E-mail: !Vm dferson.wa.us
SUPPLEMENTAL APPLICATION
TEXT AMENDMENT PROPOSALS
COMPREHENSIVE PLAN/UNIFIED DEVELOPMENT CODE
EPrctectlApplicant Name: Jefferson County Planning Commission
MLA # 19-000020
For Comprehensive Plan amendments, applications must be completed and submitted to the Department
of Community Development by March 1 of the current calendar year in order to be considered during this
year's amendment process. Completed applications that are received after March 1 will be placed on the
preliminary docket for the following calendar year. Generally, applications for text amendments are
proposals that broadly apply to the goals, policies and implementation strategies of the
Comprehensive Plan. Applications for suggested UDC amendments may be considered on a rolling
basis. Applications that are incomplete (i.e., that do not include all of the information required under the
Jefferson County Code) will be returned to the applicant.
Submittal Requirements
A completed Permit Application and all required Exhibits.
2. A completed and signed State Environmental Policy Act (SEPA) Checklist.
3. Any additional information deemed necessary by the Administrator to evaluate the proposed
amendment.
4 Please prepare and label as "Exhibit A," a description of the proposed text Comprehensive Plan/UDC
amendment. Applications for such amendments that do not specify proposed uses and potential
impacts are assumed to have maximum impact to the environment and public facilities and
services.
5. Please prepare and label as "Exhibit B," proposed amendatory language (i.e., to affected text of both
the Comprehensive Plan and UDC) shown in "bill" format, with text to be added indicated with
underlining (e.g., underlining), and text to be deleted indicated with strikeouts (e.g., s*F�).
6. Please prepare and label as "Exhibit C," a thorough explanation of how the proposed amendment,
meets, conflicts with, or relates to the following inquiries (NOTE: Simple "yes" or "no" responses are
unacceptable.)
a. Is growth and development as envisioned in the Comprehensive Plan occurring faster or
slower than anticipated, or is failing to materialize?
b. Has the capacity of the county to provide adequate services diminished or increased;
C. Is sufficient urban land designated and zoned to meet projected demand and need?
d. Are any of the assumptions upon which the Jefferson County Comprehensive Plan is based no
longer valid, or is new information available which was not considered during the adoption
process or any annual amendments of the Jefferson County Comprehensive Plan?
e Does the proposed amendment reflect the current widely held values of the residents of
Jefferson County?
See JCC Chapter 18.45 COMP PLAN AMEND APP DOC REV 0112019
Do changes in county -wide attitudes necessitate amendments to the goals of the plan and the
basic values embodied within the Comprehensive Plan Vision Statement?
g. Do changes in circumstances dictated a need for amendment?
Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive
Plan and the County -wide Planning Policy for Jefferson County?
Demonstrate that the following conditions are met (if applicable):
The proposed text amendment meets concurrency requirements for transportation and does not
adversely affect adopted level of service standards for other public facilities and services (e.g., sheriff,
fire and emergency medical services, parks, fire flow, and general governmental services);
The proposed text amendment is consistent with the goals, policies and implementation strategies of the
various elements of the Jefferson County Comprehensive Plan;
k The proposed text amendment will not result in probable significant adverse impacts to the county's
transportation network, capital facilities, utilities, parks, and environmental features that cannot be
mitigated, and will not place uncompensated burdens upon existing or planned service capabilities;
I. In the case of a text amendment to the Land Use Map, that the subject parcels are physically suitable for
the requested land use designation and the anticipated land use development, including, but not limited
to, the following:
(A) Access;
(B) Provision of utilities; and
(C) Compatibility with existing and planned surrounding land uses;
M. The proposed text amendment will not create a pressure to change the land use designation of other
properties, unless the change of land use designation for other properties is in the long-term best interests
of the county as a whole;
n. The proposed text amendment does not materially affect the land use and population growth projections
that are the bases of the Comprehensive Plan;
o If within an unincorporated urban growth area (UGA), the proposed text amendment does not materially
affect the adequacy or availability of urban facilities and services to the immediate area and the overall
UGA;
p The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the
County -Wide Planning Policy for Jefferson County, any other applicable inter -jurisdictional policies or
agreements, and any other local, state or federal laws.
See JCC Chapter 18.45 COMP PLAN AMEND APP DOC REV 0112019
7. Please provide an explanation of why the amendment is being proposed. (Attach additional sheets, if
necessary.)
Response to Question #7 is included in Exhibit A.
The Planning Commission recommends using the Eco-ADU model as a method for multiple ADUs per
parcel in the County as prescribed in the attached documents.
The applicant hereby certifies that the statements contained in this application are true and provide an
accurate representation of the proposed amendment; and the applicant(s) hereby acknowledges that any
approval issued on this application m4y be revoked if any such statement is found to be false.
Signature: ���� [ U&(�Print Name: C I a I f- Date:.
See JCC Chapter 18.45 COMP PLAN AMEND APP DOC REV 01/2019
Supplemental Response to Suggested Text Amendment Application Question #7
Eco-ADU Description 4/9/2019
Matt Sircely
From Matt Sircely 4/5/2019 email to Planning Commission Desk: "Please know that this
was written before the [February 27, 2019] meeting (the title is dated today because I
continued to edit it down this afternoon). In that spirit, please know that this document
does not address some of our constructive conversation at the Wednesday [February
27, 2019] meeting, nor the follow-up emails since."
At the February 27 Planning Commission Meeting, the board voted
unanimously (with the Chair abstaining): "The Planning Commission
recommends using the Eco-ADU model as a method for multiple ADUs per
parcel in the County as prescribed in the attached documents." A text
amendment to the code requires three exhibits, and drafts of these
documents are now available to the public in the county database.
The Eco-ADU proposal combines two longstanding goals in Jefferson
County: ecological protection and affordable housing. The program intends
to serve as a springboard for landowners, farms and sponsor organizations
to develop their own specific solutions with assistance and review from a
group of appointed volunteers.
Opting in to a voluntary eco-standard enables landowners to build multiple
detachable ADUs under a discretionary conditional use permit. Imagine:
Landowners opt -in to a locally defined eco-standard that protects the land
and wildlife from threats such as clear -cuts, synthetic and toxic
contaminants, and extensive grading or erosion. For forest parcels, the
program incorporates a Sustainable Forest Plan. For agricultural parcels,
the program incorporates a Farm Plan.
The program is designed to protect rural character and keep working lands
in intentional production and/or regeneration over the long-term. Likewise,
the program applies principles of social equity to the preservation of rural
character and working lands, designed to help Jefferson residents stay in
Jefferson County at a critical time when land and home prices have been
rapidly outpacing income growth.
Pairing equity with ecology is essential when addressing multiple problems
simultaneously, because rural character and working lands include people,
Supplemental Response to Suggested Text Amendment Application Question #7
Eco-ADU Description 4/9/2019
Matt Sircely
and prices can be prohibitive for county residents, many of whom have
asked for more simple, low -impact options for years. This program works to
achieve these goals by leveraging resilience and ingenuity within the
community by empowering a new Citizen Expert Review Panel to interface
with the department, offer consultations, and maintain a local standard over
time.
The document entitled "Eco-ADU Amendment Exhibit A" explains how the
amendment captures the spirit of our community. Jefferson County has
sufficient local expertise willing to drive this effort, and we clearly have an
urgent need to find solutions to multiple challenges. This new approach
promotes ecological solutions that are equitably -minded, and
simultaneously equitable solutions that are ecologically -minded. The overall
goal of this program is to consider the interests of the land over the
long-term, and to advance affordable housing options in ways that are
urgent, intentional and personalized to the needs of our rural community.
How it works:
Everyone is allowed 1,250 sq ft for an Accessary Dwelling Unit in Jefferson
County. When people opt in to the program, they immediately receive an
additional 300 sq ft, in addition to any their unused ADU allocation. For
someone with no existing ADU, this means a total allocation of 1,550,
which can then be divided among multiple ADUs. Total number of ADUs is
limited to remain consistent with parcel size. For example, more ADUs will
be allowed on 10-A parcels than 5-A.
Additionally, an adaptation from the Seattle Living Building Pilot Project
allows people to expand the total allocation by 15% each time they choose
to incorporate one of three incentivized eco-design features: elevating the
structure to allow passage of wind and wildlife, installing alternative energy
solutions, and incorporating `living building' elements such as living roofs.
Also, the landowner can add 15% if they have a small primary residence.
Example A: For a landowner with a small primary residence (under 1,800
sq ft), with no existing ADU, and choosing one design incentive, the
Eco-ADU allocation would be:
Supplemental Response to Suggested Text Amendment Application Question #7
Eco-ADU Description 4/9/2019
Matt Sircely
1,250 + 300 opt -in allocation = 1,550 x 1.15 (2x) = 2050 sq ft which can be
divided among multiple eco-ADUs
Example B: For a landowner with a small primary residence (under 1,800
sq ft), with an existing 600 sq ft ADU, and opting into two design incentives,
the Eco-ADU allocation would be:
650 + 300 opt -in allocation = 950 sq ft x 1.15 (3x) = 1445 sq ft which can be
divided among multiple eco-ADUs
One additional provision allows neighbors to voluntarily opt -in to the
program together as a way to achieve specific project goals, such as more
effectively clustering Eco-ADUs while preserving more land. This fulfills a
longstanding goal that was discussed by the Planning Commission thirty
years ago during the deliberations over the creation of our first
Comprehensive Plan: the notion of clustering rural housing as a way to
preserve larger stretches of natural areas in the rural county.
A Citizen Expert Review Panel, similar to the Planning Commission,
conducts workshops and helps landowners with consultations and ongoing
reviews. Developing a local standard is an attainable goal, since there are
many consistently updated standards that can be drawn upon. Key to
success is the ability of the Review Panel to make exceptions. Over time,
changes shape the standard through public process.
The program as originally proposed likely necessitates minor alterations to
county codes because it accepts and builds on all existing codes. A
discretionary conditional use permit affords the county maximum flexibility
in the issuance of permits, and although there are some procedural
safeguards to protect landowners, in the end the county maintains full
control over permitting and permit renewals.
Landowners can opt out of the program for any reason. All Eco-ADUs
and/or synthetic components are required to be removable in the event of
an opt -out or a permit revocation. The voluntary nature of the program is
part of what makes it simple and safe — both for the county and for project
participants who choose to opt -out.
Eco-ADU Amendment Exhibit A
This amendment leverages a simple principle that is strong in Jefferson County:
people come together in times of joy, and people come together in times of
hardship. This is how many of us seek to live, and it's part of what characterizes
the rural character of our county. Jefferson County has shown us all that we can
apply that principle to solve the hardships presented by climate change,
environmental contamination, and the rapid decline of the Puget Sound. We can
apply the same principles to put a dent in the affordable housing crisis by
providing more options for voluntary simple living.
A Citizen Expert Review Panel shall be appointed by the county commissioners to
assist as volunteers with the implementation and outreach associated with the
program. The Review Panel will support the director as needed with
consultations, site visits, outreach workshops to reduce pressure on county
staffing and funding levels. In addition, the Citizen Expert Review Panel will be
authorized to collect on -site scientific field data from innovative projects for
research and analysis when appropriate permissions have been received. We
believe the Eco-ADU amendment works to address our current crises while also
fostering rapid and diverse innovations in dignified affordable housing options,
pollution prevention, decarbonization, biodiversity, and the intentional
regeneration of agricultural and forest lands.
Exhibit B
JeffCo ADU CODE:
18.20.020 Accessory uses and structures.
Accessory uses are customarily incidental and subordinate to the principal use of
a structure or site. They must be:
■ Clearly secondary to, supportive of, and compatible to the principal or
permissibly principal uses except for Eco-ADU as defined in 18.20.430.
• Consistent with the purpose of the land use district; and
7 In compliance with the provisions of this code. The land use category of an
accessory use shall be the same as that of the principal use(s) listed in Table 3-1 or
Chapter 18.18 JCC, unless otherwise specified.
(1) Limitations on Accessory Uses and Structures. Accessory uses and structures
are permitted in any district, except as limited or prohibited in this section, in
Table 3-1, or in the sections covering the various land use districts in Chapter
18.15 JCC, in Chapter 18.18 JCC, or in section 18.20.430.
(2) Accessory Dwelling Units. With the exception of allowing multiple Eco-ADUs as
part of a conditional discretionary use, one accessory dwelling unit is permitted
per legal lot of record as an accessory to an existing single-family dwelling or on a
legal lot of record as an accessory to an existing industrial use in LI or LI/C zones;
provided, that the following requirements are met:
(a) Maximum Size. An accessory dwelling unit shall have a maximum size of 1,250
square feet of gross floor area.
(b) Owner Occupied. To obtain an accessory dwelling unit (ADU) designation, the
owner of the subject property shall reside on the premises, either in the main or
accessory dwelling. An employee of the property owner or tenant business shall
occupy an ADU in place of the owner within LI or LI/C zones.
(c) Certificate of Occupancy. A certificate of occupancy is required pursuant to the
International Building Code and shall be obtained from the building official and
posted within the ADU. The code inspection and compliance required to obtain a
certificate of occupancy in an existing building shall be restricted to the portion of
Page 1 of 10
Exhibit B
the building to be occupied by an ADU and shall apply only to new construction,
rather than existing components.
(d) Outbuildings. Outbuildings may be constructed or expanded to accommodate
an ADU within the structure. ADUs established in these outbuildings shall not be
larger than 1,250 square feet in floor area. ADUs in LI and LI/C zones are exempt
from the special setback requirements for residential uses abutting light industrial
uses or zones specified in Chapter 18.30 JCC.
(e) Exterior Entrance. In order to preserve the outward appearance of
single-family neighborhoods, the front of the house shall have only one exterior
entrance. A separate exit doorway to the outside is required for each dwelling
unit. This provision does not apply to Eco-ADU projects as defined in section
18.20.430.
(f) Water and Wastewater Disposal Service. Prior to obtaining a permit to
construct or place an ADU, the applicant shall provide proof of an adequate
potable water supply as provided in RCW 19.27.097 and applicable regulations
and policies established by the Jefferson County board of health or the Jefferson
County board of commissioners, and proof of on -site septic system approval from
the Jefferson County department of environmental health.
(g) Travel Trailer/Recreational Vehicles. For the purpose of this chapter, accessory
dwelling units shall not be travel trailers, recreational vehicles, recreational park
trailers, buses, truck storage containers, or similar manufactured units which are
not originally intended to be used for residences and built to the International
Building Code adopted by Jefferson County.
(3) Outdoor Residential Storage. This subsection shall apply only to outdoor
storage accessory to residential uses in residential districts. Outdoor storage
other than accessory uses subordinate to a primary residential use may be
permitted only in those districts where specified as a permitted use in Table 3-1
or Chapter 18.18 JCC, and shall meet other applicable requirements of JCC
18.20.280 relative to outdoor storage yards.
(a) Outdoor residential storage shall be maintained in an orderly manner and shall
create no fire, safety, health or sanitary hazard;
(b) Not more than two unlicensed or inoperable vehicles shall be stored on any lot
Page 2 of 10
Exhibit B
unless totally screened from view of neighboring dwellings and rights -of -way.
Such screening shall meet all applicable performance and development standards
specific to the district in which the storage is kept, and shall be in keeping with
the character of the area. Screening shall meet the requirements of Chapter 18.30
JCC. Outdoor storage of three or more junk motor vehicles is prohibited except in
those districts where specified as an automobile wrecking yard or junk (or
salvage) yard and allowed as a permitted use in Table 3-1 or Chapter 18.18 JCC,
and such storage shall meet the requirements of JCC 18.20.100, Automobile
wrecking yards and junk (or salvage) yards. In no case, shall any such junk motor
vehicles be stored in a critical area.
(4) Junk Yards. Junk yards shall be prohibited, except where permitted as
specified in Table 3-1 or Chapter 18.18 JCC and in accordance with the
requirements of JCC 18.20.100, Automobile wrecking yards and junk (or salvage)
yards.
(5) Minor Public Facility Accessory Structures. Minor accessory additions to
existing public facilities will be considered as accessory uses not requiring
discretionary use review or a conditional use permit. Such minor accessory
structures include, for example, a water tower or small shed at a fire station, or
construction of a cover over an existing playfield at a school or park, but not, for
example, construction of a new wing to a public building or construction of a
major new building or structure on the site. [Ord. 8-06 § 1]
Definitions:
"Eco-ADU". An Eco-ADU is an ADU approved for habitation under this section
following the issuance of a Discretionary ["C(d)"] Use Permit by the Director.
Eco-ADUs are limited to residential parcels of 5 acres or greater. All regulations as
defined in section (cite) apply to Eco-ADUs except for the sixth provision.
Eco-ADUs are not required to contain every amenity that a standard ADU is
expected to contain, with exemptions subject to review by the Review Panel and
the department.
"Agricultural Eco-ADU". An Eco-ADU project located in agricultural zones is
referred to as an Agricultural Eco-ADU, and Eco-ADUs must comply with special
Page 3 of 10
Exhibit B
criteria, including the maintenance of a farm plan.
"Sustainable Forest Eco-ADU". An Eco-ADU project located in forest zones is
referred to as an Agricultural Eco-ADU, and Eco-ADUs must comply with special
criteria, including the maintenance of a sustainable forestry plan.
"Eco-ADU project" - A project comprised of one of the three types of Eco-ADUs, In
this section, the word 'project' refers to an Eco-ADU project.
"Citizen Expert Review Panel" - In this section, the term "Review Panel" shall refer
to the Citizen Expert Review Panel, a volunteer.
"Living Land Stewardship Standard" - The Living Land Stewardship Standard is also
referenced within this section as "the standard", "the guidelines" or the "Eco-ADU
standard". The voluntary standard intends to ameliorate four primary areas of
concern with regard to allowed conventional construction techniques and lifestyle
choices, and agricultural and forestry practices. The four primary areas of concern
that are addressed by the standard are: 1) the presence and use of toxics and
materials such as synthetic pest control products or synthetic fertilizers that are
intended for outdoor use and/or stored in outdoor storage. 2) substantial
disturbances of soil due to grading, roadbuilding, or erosion 3) the standard
prohibits the siting of ADUs in areas that would require the felling of large trees,
and/or place residents in a location with a high probability of imminent tree fall;
and 4) Eco-ADUs shall not be used as short-term rental units.
"Stewardship Credit" - Land set aside in exchange in order to direct Eco-ADU
allotment credits to a multi -parcel clustered site plan (Conservation Village) may
include, but are not required to include critical areas as currently defined by the
Critical Areas Ordinance. Land set aside in exchange in order to direct Eco-ADU
allotment credits to a multi -parcel clustered site plan (Conservation Village) may
include preservation of other natural and agricultural areas.
"Conservation Village" - a multi -parcel clustered site plan which is able to achieve
approvals from the Review Panel and the department. A Conservation Village is
represented by a singular Project Lead.
"Eco-ADU Project Lead" - The term "Eco-ADU Project Lead" referred to in this
Page 4 of 10
Exhibit B
section as "Project Lead" is a designated sole point of contact and authoritative
decision -making on behalf of a particular project. All Eco-ADU projects must
identify a singular Project Lead. The Project Lead may be the property owner, and
may also be a tenant or a representative of a sponsor organization, and must be
designated as authorized to act on behalf of the project starting with initial
consultations and continuing through and beyond all permitting procedures. The
Project Lead may designate that a program tenant, representative of a sponsor
organization, or a third party may alternately serve as Project Lead.
The creation of an Eco-ADU shall be subject to the following requirements, which
shall not be subject to variance.
1. Conditional Use.
a) Following initial consultations with the Review Panel and/or Director, all
Eco-ADU project leads shall applicants must attain a Discretionary ["C(d)"] Use
Permit.
b) Upon the granting of a permit, Eco-ADU project participants immediately
receive an additional 300 square feet of ADU allocation in addition to the 1,250 sq
ft limit established by the county, which together with any unused ADU
allocation, can be combined and then divided into multiple detached ADUs
appropriate for lot size and zoning criteria as defined in 2.
c) Applicants located in AP-20 - Commercial Agriculture and AL-20 - Local
Agriculture zones may apply for a Discretionary ["C(d)"] Use Permit to establish a
Agricultural Eco-ADU project. In addition to the other criteria outlined in this
section, applicants must design, submit and pursue a credible farm plan to the
review committee, which then determines whether to continue consultations or
submit a recommendation to the director as to whether the conditional use
permit should be approved or denied. It is not necessary for the Sustainable
Forest Plan to include intent to engage in commercial timber harvest and sales.
Performance evaluations and any variance from the initial plan shall be assessed
no less than annually by the Review Panel. Farm plans shall be limited to use of
agricultural products and materials that are allowed for use in organic production
and processing by the USDA National Organic Program as listed in the federal
Page 5 of 10
Exhibit B
register in The National List of Allowed and Prohibited Substances (§ 205.600 -
205.608-205.619). The Review Panel may approve additional products and/or
materials for general use in Eco-ADU projects. The Review Panel may also may
choose to approve additional materials use permissions on a case -by -case basis.
d) Applicants in RF-40 - Rural Forest, IF-20 - Inholding Forest, and CF-80 -
Commercial Forest zones may apply for a Discretionary ["C(d)"] Use Permit to
establish a "Sustainable Forest ADU" project. In addition to the other criteria
outlined in this section, applicants must design and submit a credible Sustainable
Forestry Plan under the guidance of the review committee, which then
determines whether to continue consultations or submit a recommendation to
the director as to whether the conditional use permit should be approved or
denied. It is not necessary for the Sustainable Forest Plan to include intent to
engage in commercial timber harvest and sales. Performance evaluations and any
variance from the initial plan shall be assessed no less than annually by the
Review Panel. Sustainable Forestry Plans shall be limited to use of agricultural and
agroforestry products and materials that are allowed for use in organic
production and processing by the USDA National Organic Program as listed in the
federal register in The National List of Allowed and Prohibited Substances (§
205.600 - 205.608-205.619). The Review Panel may approve additional products
and/or materials for general use in Eco-ADU projects. The Review Panel may also
may choose to approve additional materials use permissions on a case -by -case
basis.
2. Number.
a) No more than 2 Eco-ADUs shall be allowed on parcels of 5 acres and less. No
more than 5 Eco-ADUs shall be allowed on parcels between 6 and 10 acres.
b) No more than six Eco-ADUs shall be allowed on parcels between 10 and 20
t�l04-V I11M M-M
c) On parcels 20 acres and above, total Eco-ADU allocation shall be limited to 0.5%
of the total surface area of the parcel.
d) On parcels 40 acres and above, the total Eco-ADU allocation is limited to 0.2%
of the total surface area of the parcel.
Page 6 of 10
Exhibit B
3. Size of Eco-ADU. An Eco-ADU must not exceed 1000 square feet, including any
garage area.
4. Composition and Compliance.
a) The ADU may include facilities for cooking, living, sanitation, and sleeping,
however unlike conventional ADUs, Eco-ADUs are is not required to include every
type of amenity, depending on the project goals, the needs and preferences of
tenants, and the permissions granted by county departments in compliance with
Jefferson County Code.
b) The Review Panel may choose to assist applicants in the development of new
systems and methods to satisfy requirements as set forth by county departments
and the JCC while also meeting program requirements.
5. Citizen Expert Review Panel
a) Members of a Citizen Expert Review Panel (Review Panel) shall establish and
maintain an updated list of criteria that shall be defined as the "Living Land
Stewardship Standard". The standard shall be consistent with all the criteria listed
in this section as well as all other county codes.
b) The Board of County Commissioners shall select nine members members of the
Review Panel by the for a term of two years.. three from each district
appointed by the commissioner who represents the district in which the
appointee resides.
c) The Review Panel shall establish bylaws which shall be updated and approved
annually by the membership. The goal of the Review Panel is to provide guidance,
consultation and official recommendations to the department director. The
director may instruct the Review Panel to answer questions or investigate and/or
address concerns.
d) The Review Panel is tasked with occasionally monitoring and advising opt -in
Eco-ADU projects. In cases of potential conflicts of interest, or if the the
landowner objects, or if there are procedural considerations for any reason, the
Page 7 of 10
Exhibit B
Review Panel may authorize a third party to perform review, provided that the
individual or organization performing the review is also free of potential conflicts
of interest and has been determined by both the Review Panel and the
department to be reasonably qualified and capable of carrying out the necessary
tasks.
e) Prohibited under the voluntary standard is the outdoor use of synthetic
pesticides, herbicides, fungicides, fertilizers and other nutrients of a synthetic
nature or containing synthetic ingredients, unless allowed for use in organic
production and processing by the USDA National Organic Program as listed in the
federal register in The National List of Allowed and Prohibited Substances (§
205.600 - 205.608-205.619). The Review Panel may approve additional products
and/or materials for general use in Eco-ADU projects. The Review Panel may also
may choose to approve additional materials use permissions on a case -by -case
basis.
f) Eco-ADU projects are subject to inspection by members of the Review Panel. In
cases of potential conflicts of interest, or if the the landowner objects, or if there
are procedural considerations for any reason, the Review Panel may authorize a
third party to perform review, provided that the individual or organization
performing the review is also free of potential conflicts of interest and has been
determined by both the Review Panel and the department to be reasonably
qualified and capable of carrying out the necessary tasks.
g) Program participants and sponsor organizations may choose to offer
appropriate permissions to allow the Review Panel and/or a third -party review
organization to physically sample onsite data for research and analysis.
h) The Review Panel shall maintain clear guidelines for managing household
hazardous waste and contained management of fluids and materials required for
the operation and maintenance of ordinary household vehicles, and assess and
mitigate the presence and/or probability of engine oil drips, for example from
older vehicles or machinery. The Review Panel may require the operator and/or
landowner to design, implement, and maintain a containment plan for any
potentially hazardous materials that are allowed on site.
i) The Review Panel shall consider fire danger as paramount, and ensure that each
Page 8 of 10
Exhibit B
program participant receives a training in fire -preventative techniques and
immediate response. The Review Panel shall encourage every tenant and program
participant to maintain awareness of current local fire dangers and events, as well
as develop a suite of techniques essential to wildfire prevention. At the Review
Panel's request, either as part of the initial application or during ongoing review
procedures, that the Eco-ADU applicant must detail pathways of access for first
responders and firefighters to all Eco-ADU dwellings and any areas considered by
the Review Panel to be at high -risk of fire for any reason.
6. Stewardship Credits.
a) Stewardship credits allow separate entities which willfully enter a mutual
development agreement to create a single entity, known as a Conservation Village
(CV). The Conservation Village must design, manage and maintain a site plan.
Before any construction begins on a project involving Stewardship Credits from
two or more adjoining parcels, there must be a binding legal agreement between
the owners of all parcels involved, as well as any third parties acting as sponsor
organizations.
b) The allocation of Stewardship Credits must be negotiated by the Project Lead.
c) Stewardship Credits shall not augment an Eco-ADU allocation by more than
75%.
7. Removable.
All Eco-ADUs must be removable unless constructed from natural materials such
as wood not treated with chemicals, stone, untreated metals and/or other
non -synthetic materials. In the event of a permit revocation or a Project Lead
choosing to opt -out of the program, all applicable buildings must be removed.
Removal of slabs and footings is not required under such circumstances unless
directed by the Review Panel or Director.
8. Revocation of Eco-ADU Conditional Discretionary Use Permit.
a) The Director retains the authority under the conditional use permitting
procedures to revoke a permit with or without the recommendation and consent
of the Review Panel.
Page 9 of 10
Exhibit B
b) Permit revocations shall be subject to appeal to the Hearing Examiner.
c) In the event of a dispute between the Review Panel and the Director where the
Director opposes a recommendation from the Review Panel consisting of a vote
of no less than two-thirds of a quorum, the Review Panel may choose to refer the
case to an automatic appeal at no cost to applicant or project. The Review Panel
may also designate one or more members to advocate for the applicant or project
before the Hearing Examiner, but only with the consent of the Eco-ADU Project
Lead or the Project Lead's designee.
9. Eco-ADU Opt -out.
In the event that an existing Eco-ADU Project Lead choses or decides to Opt -out of
the Eco-ADU program, the Project Lead must coordinate the removal of all
Eco-ADUs.
10. Bonus Allocation.
a) Eco-ADU applicants may apply for additions to the Eco-ADU allocation. Project
applicants and participants may calculate how much of their ADU allocation is
unused at the time of application and add that number to the additional 300
square feet that are immediately allocated when a participant opts into the
program.
b) With permission from the Review Panel and Director, applicants and
participants can choose to add to their allocation a bonus of 15% once they have
demonstrated an intention and ability to meet criteria in one or all of four bonus
categories:
■ Structure elevation (for example, pier blocks instead of a concrete slab) to allow
the passage of wind, water and wildlife underneath the building.
■ Alternative energy installations excluding biomass energy generation.
■ Incorporating living building design components that aid biodiversity and
ecosystem vitality as determined by the Review Panel.
■ A primary residence with a footprint of less than 1,800 square feet.
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EXHIBIT "C"
SUPPLEMENTAL APPLICATION, TEXT AMENDMENT PROPOSALS,
COMPREHENSIVE PLAN/UNIFIED DEVELOPMENT CODE
6. Please prepare and label as "Exhibit C," a thorough explanation of how the
proposed amendment, meets, conflicts with, or relates to the following inquiries
(NOTE: Simple "yes" or "no" responses are unacceptable.)
a. Is growth and development as envisioned in the Comprehensive Plan occurring
faster or slower than anticipated, or is failing to materialize?
Growth and development as envisioned in the Comprehensive Plan is occurring at
an anticipated pace. At the same time, the cost of housing has dramatically
outpaced income growth, which presents new challenges for longstanding
Jefferson County residents and newcomers alike. During the most recent
Comprehensive Plan Update cycle, public comments overwhelmingly favored
affordable housing options and tended to encourage less -intensive land use
practices and environmentally conscious innovations. The goal of this amendment
is to address these public sentiments with a variation on the existing codes and
ordinances governing ADU construction in the county. The amendment intends to
increase low -impact housing options that are environmentally ambitious and
thoughtfully planned. The intent is to create a very affordable option for
individuals, housing cooperatives, and sponsor organizations to explore and use
as a springboard for their own ideas and innovations. This amendment works to
provide access to additional affordable housing in Jefferson County through an
environmentally ambitious opt -in program that allows multiple ADUs in exchange
for adhering to a set of guidelines. The program will foster dignified, affordable
living situations that also reduce impacts over the long term by striving to be
more ecologically responsible than conventional alternatives.
b. Has the capacity of the county to provide adequate services diminished or
increased;
The capacity of the county to provide adequate services has not changed.
Implementation of the amendment will not diminish the capacity of the county to
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EXHIBIT "C"
provide adequate services. In so far as the amendment is designed to move
people from substandard housing options into safer, dignified environments,
including with beneficial electrification as prioritized by statewide
decarbonization initiatives, the program may increase the county's capacity to
provide services by reducing overall social costs such as those associated with
substandard housing, illness and homelessness.
c. Is sufficient urban land designated and zoned to meet projected demand and
need?
Yes, there is sufficient land to meet projected demand and need. However,
because land is increasingly expensive, it follows that many of the homes
projected to be constructed in rural Jefferson County using conventional designs
and methods will be large, expensive, and resource -intensive. This amendment
builds on the existing provisions to add a new and flexible option to voluntarily
achieve the goals of the conditional and amendable criteria.
d. Are any of the assumptions upon which the Jefferson County Comprehensive
Plan is based no longer valid, or is new information available which was not
considered during the adoption process or any annual amendments of the
Jefferson County Comprehensive Plan?
All of the assumptions upon which the Jefferson County Comprehensive Plan is
based are valid. This amendment is being proposed outside of the ordinary
Comprehensive Plan Update Cycle as a precautionary way to give the time and
attention necessary to ensure that the amendment works to advance the most
recently updated goals and policies of the Comprehensive Plan.
e. Does the proposed amendment reflect the current widely held values of the
residents of Jefferson County?
Yes, the amendment certainly reflects the current widely held values of the
residents of Jefferson County, as was confirmed during the most recent cycles of
public comment. During the most recent Comprehensive Plan Update cycle,
public comment in favor of affordable housing solutions were common and
compelling. Comments regarding the increase of ecologically -oriented housing
options to foster innovative and localized solutions were extremely common and
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EXHIBIT "C"
also overwhelmingly in favor (reference: Appendix A: COMMUNITY ENGAGEMENT
SUMMARY VISION 2038 — Summary of Public Comments and Feedback June
—November 2016; p5). Both of these priorities are deeply held by an
overwhelming majority of Jefferson County residents, according to the public
comment record and as indicated by goals and priorities in the Comprehensive
Plan. This amendment works with both of these county priorities to create a
framework for deliberate rural growth, achieve short-term goals of innovation
f. Do changes in county -wide attitudes necessitate amendments to the goals of
the plan and the basic values embodied within the Comprehensive Plan Vision
Statement?
No, this amendment works to translate county -wide preferences into policy in a
way that is extremely consistent with the goals of the plan and the basic values
embodied within the Comprehensive Plan Vision Statement.
g. Do changes in circumstances dictate a need for amendment?
Yes, an amendment is needed due the challenges of affordable housing
availability, home and land prices outpacing local incomes, and continuing
environmental challenges similar to those faced by other counties in the Puget
Sound region.
h. Do inconsistencies exist between the Comprehensive Plan and the GMA or the
Comprehensive Plan and the County -wide Planning Policy for Jefferson County?
No, there are not inconsistencies. This amendment works to dovetail together a
number of solutions into new affordable and ecologically -oriented housing
options as a way of advancing the county's existing goals and policies.
Demonstrate that the following conditions are met (if applicable):
i. The proposed text amendment meets concurrency requirements for
transportation and does not adversely affect adopted level of service standards
for other public facilities and services (e.g., sheriff, fire and emergency medical
services, parks, fire flow, and general governmental services);
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EXHIBIT "C"
Not applicable because there are no changes in zoning, rather an effort to better
focus anticipated growth by fostering more low -impact and affordable options.
Conditional permitting procedures allow county departments to evaluate this
concern and other concerns before permitting on a case -by -case basis.
j. The proposed text amendment is consistent with the goals, policies and
implementation strategies of the various elements of the Jefferson County
Comprehensive Plan;
Jefferson County recently finished its Comprehensive Plan Update cycle, which
incorporated several years of deliberations and hundreds of public comments into
the updated plan. The document is described as a decision -making tool for
officials and citizens in guiding future growth and development in Jefferson
County was adopted following a unanimous vote before the Board of County
Commissioners in late 2018. The "Plan Foundation" contains a subsection entitled
"Framework Goals" which offers substantial support that the goals of this
amendment have received overwhelming public support in Jefferson County.
Specifically, the goals numbered I, II, III, IV, VI, IX and X demonstrate that the
amendment is consistent with many goals outlined in the Comprehensive Plan. In
truth, similar issues and proposals have been discussed since the dawn of GMA in
Jefferson County. Positive public sentiment towards these goals and policies have
increased as affordable housing challenges, farmland preservation challenges, and
overall environmental challenges have galvanized public engagement and appear
to have increased support for the goals of the amendment.
Framework Goal I — Preserving Rural Character
Conserve Jefferson County's functioning rural way of life, agricultural and forest
working lands, shoreline and mountain vistas, and natural
ecosystems, not just to be preserved to provide scenery, but to be
preserved as a living, working, and sustaining rural landscape with
which the community has a living/working relationship.
Framework Goal II — Sustainable and Suitable Growth Patterns
Maintain a rural landscape by smartly growing in urban areas, resorts, and
established rural centers and crossroads. Plan for infrastructure
needed to care for these communities. Consider environmental,
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EXHIBIT " C"
economic, and fiscal sustainability when investing in infrastructure
and adding new development in rural and urban places.
Framework Goal III — Enhancement of the Rural Economy
Grow a robust economy with living wage jobs based on resource lands,
manufacturing, tourist and recreation -oriented services, and evolving
technologies that allows our communities to thrive; through a
concept of a sustainable rural economy — benefiting the county's
clean environment, and benefiting from the county's clean
environment.
Framework Goal IV — Housing Variety and Affordability
Create opportunities for innovation and flexibility in housing types affordable and
attainable across incomes, ages, and abilities. Promote an adequate
supply of quality year-round housing for the work- force, seasonal
housing for farmworkers, and recreational homes or
accommodations for visitors.
Framework Goal VI — Environmental Conservation
Foster environmental stewardship, preserve clean air and water, and protect fish
and wildlife habitat. Anticipate and respond to climate change with
mitigation and adaptation strategies.
Framework Goal IX — Continuous and Ongoing Public Involvement
Provide opportunities for meaningful public involvement. Engage diverse
stakeholders.
Framework Goal X — Compliant with GMA
Maintain a Comprehensive Plan consistent with GMA goals, requirements, case
law, and the County -wide Planning Policies, and within this
framework, strive to provide leadership and collaborative work with
the State on legislative and local solutions to the challenges met with
GMA by rural counties.
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EXHIBIT "C"
k. The proposed text amendment will not result in probable significant adverse
impacts to the county's transportation network, capital facilities, utilities, parks,
and environmental features that cannot be mitigated, and will not place
uncompensated burdens upon existing or planned service capabilities;
Yes, there are no changes in zoning, rather an effort to better focus anticipated
growth by fostering more low -impact and affordable options. Conditional
permitting procedures allow county departments to evaluate this concern and
other concerns before permitting on a case -by -case basis.
I. In the case of a text amendment to the Land Use Map, that the subject parcels
are physically suitable for the requested land use designation and the anticipated
land use development, including, but not limited to, the following:
(A) Access;
(B) Provision of utilities; and
(C) Compatibility with existing and planned surrounding land uses;
m. The proposed text amendment will not create a pressure to change the land
use designation of other properties, unless the change of land use designation for
other properties is in the long-term best interests of the county as a whole;
This proposed text amendment is designed to ameliorate and respond to any
public pressure for changes in land use designations. The vast majority of public
sentiment is in favor of better focusing growth by encouraging clustered housing,
small structures, and responsible environmental practices in the county.
n. The proposed text amendment does not materially affect the land use and
population growth projections that are the bases of the Comprehensive Plan;
No, the proposed text amendment does not materially affect the land use and
population growth projections. The amendment may help more Jefferson County
residents remain in Jefferson County as home and land prices will likely continue
to rise.
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EXHIBIT "C"
o. If within an unincorporated urban growth area (UGA), the proposed text
amendment does not materially affect the adequacy or availability of urban
facilities and services to the immediate area and the overall UGA;
Not applicable. Eco-ADU projects will not permitted within Jefferson County's
UGA.
p. The proposed amendment is consistent with the Growth Management Act
(Chapter 36.70A RCW), the County -Wide Planning Policy for Jefferson County, any
other applicable inter -jurisdictional policies or agreements, and any other local,
state or federal laws.
Yes, as previously stated, there is longstanding sentiment in Jefferson County that
supports the amendment, and in the spirit of GMA, this amendment represents
how members of the Jefferson County community strive work together to
intentionally solve problems and plan a better future together.
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