2026-9-14 CDS_SS_BRIEFINGS - Laserfiche WebLink

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Background, Code Framework, and Commerce Concerns This section is an examination of the code framework being assessed in this gap analysis. It includes a brief review of the primary elements of the Kittitas County TDR program and the specific issue noted by the Washington State Department of Commerce. Purpose—KCC 17.13.010: "The purpose of the transfer of development rights (TDR) is to provide public benefits by permanently conserving rural farm and forest land through acquisition and extinguishment of the development rights on those lands designated as `sending sites.' ... Transfer through conversion of the acquired development rights to density credits redeemable on eligible sites, designated as `receiving sites'per KCC§17.13.030(1), shall be accomplished as set out herein." The purpose correctly frames conservation,but the operational reference to receiving sites under §17.13.030(1) incorporates the rural eligibility later identified as problematic. Sending Sites—KCC 17.13.020 Sending sites must contain a public benefit. Eligibility is presumed if the site meets criteria 1, 2, 3, or 4: • 17.13.020(1)Farm and Agricultural Land: Must satisfy(a) {d): zoning in Commercial Agriculture, Ag-20,Ag-5, Forest&Range, or R-5; minimum five(5) acres; located within the Agricultural Production District;proof of commercial agricultural income under RCW 84.34. • 17.13.020(2)Forest Land: Must satisfy(a)—(d): zoning in Commercial Forest, Forest& Range, Rural Recreation, or R-5; minimum five (5) acres; not publicly owned; Timber Management Plan compliant with Department of Revenue guidelines. • 17.13.020(3)Frequently Flooded Area/Critical Area: As defined in KCC §17A.02.140 or Title 17A; any lot wholly or partially impacted is eligible. • 17.13.020(4): Lands designated as eligible sending sites in a TDR agreement with a city. • 17.13.020(5H8): Must be located in Kittitas County; multiple lots must be contiguous; after transfer the property is maintained consistent with the qualifying criteria via TDR easement; publicly owned property is ineligible. Note: Sending-site provisions are generally consistent with conservation objectives and are not the primary focus of Commerce's criticism. Receiving Sites—KCC 17.13.030 (Core Problem Area) KCC 17.13.030(1) states in full relevant part: "Eligible receiving sites shall be those sites as listed below and shall be located within Kittitas County. ... • (a) Cities where new growth is or will be encouraged under the GMA and Countywide Planning Policies. • (b)All city receiving sites shall be designated pursuant to an agreement with the County. • (c) Sites within Urban Growth Areas,with a density greater than six(6) dwelling units (du)per acre ... • (d) LAMIRDs. • (e)Unincorporated sites for which a Planned Unit Development (PUD) designation amendment to the zoning map has been requested ... when such amendment results in an increase in density. • (f)Unincorporated sites for which a long plat has been requested increasing the density above the underlying zone's density ...