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receiving sites with infrastructure capacity; the current code's provisions risk outcomes inconsistent <br />with these statutory goals and the County's own stated purpose in KCC 17.13.010; and <br />WHEREAS, March 27, 2026, Commerce comment letter on the Comprehensive Plan Periodic <br />Update (Exhibit C) identified related concerns with land use designations and zoning (including <br />rural zoning classifications within UGAs), PUD zoning that spans urban and rural land use <br />designations that directly affect consistent TDR implementation, receiving site eligibility, and <br />density calculations; and <br />WHEREAS, strong interest has developed in the use of the TDR program within Kittitas County, <br />increasing both the number of potential applications and the risk that applications could vest or <br />proceed under regulations that Commerce has identified as needing revision to protect rural <br />character and direct growth appropriately; and <br />WHEREAS, RCW 36.70A.390 authorizes a jurisdiction to initiate a moratorium on land use <br />activities for up to six (6) months (with a required public hearing within 60 days) and for up to one <br />(1) year when a work plan for related studies is developed; the statute further allows renewal for <br />additional six-month periods upon subsequent public hearing and findings of fact; and <br />WHEREAS, on August 4a`, 2026, following proper public notice, the Board of County <br />Commissioners held a public hearing on the proposed one-year extension of the moratorium, at <br />which public testimony opportunities were provided, the two Commerce comment letters, a CDS <br />staff report, and the proposed work plan; and <br />WHEREAS, the Board finds that extending the moratorium for one (1) year is necessary, <br />reasonable, and narrowly tailored to protect the public health, safety, and welfare by: (a) allowing <br />adequate time for comprehensive legal, policy, and technical analysis of the TDR program; (b) <br />evaluating two primary paths--(1) comprehensive revision of KCC Chapter 17.13 to cure the <br />deficiencies identified by Commerce or (2) repeal of the TDR program with appropriate transition <br />provisions; (c) conducting meaningful stakeholder engagement with cities, potential sending -site <br />landowners, developers, agricultural and forest interests, and the public; (d) coordinating TDR <br />changes with the adopted 2026 Comprehensive Plan and related development regulation updates; (e) <br />preventing the processing of new TDR applications under regulations that risk producing outcomes <br />inconsistent with the GMA, the Comprehensive Plan, and the protection of rural character and <br />natural resource lands; and (f) ensuring that any future TDR activity (or decision to discontinue the <br />program) occurs under clear, defensible, and GMA-compliant rules; and <br />WHEREAS, the Work Plan attached to this Resolution as Exhibit A has been developed to guide <br />the required analysis, public engagement, and legislative actions during the extended moratorium <br />period and satisfies the statutory prerequisite under RCW 36.70A.390 for a period longer than six <br />months; <br />