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�OCADW%...TO Tryt•,0<p KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES <br /> 411 N.Ruby St.,Suite 2,Ellensburg,WA 98926 <br /> CDSCQ CO.KITTITAS.WA.US <br /> - Office(509)962-7506 <br /> "Building Partnerships—Building Communities" <br /> K1TTlT'A5 CDUWrY <br /> MEMORANDUM <br /> To: Board of County Commissioners &Planning Commission <br /> From: Community Development Services <br /> Date: September 15, 2026 <br /> Subject: Task 1 Staff Technical Memo—Research, Analysis &Legal Review <br /> Transfer of Development Rights (TDR)Program <br /> Work Plan under Resolution 2026-133 (Exhibit A) <br /> 1. Purpose <br /> This memorandum fulfills the Task 1 deliverable of the Work Plan adopted as Exhibit A to Resolution <br /> 2026-133. Task 1 required staff to complete research, analysis, and legal review of the TDR codified in <br /> Kittitas County Code(KCC)17.13, and to the Board of County Commissioners and Planning <br /> Commission with a technical summary of findings and preliminary options . <br /> Completion of this memo satisfies Task 1 and positions the County to proceed to Task 2: option <br /> development and stakeholder engagement. <br /> 2.Work Completed under Task 1 <br /> Staff completed the following Task 1 work elements <br /> • Gap analysis—Staff conducted a detailed comparison of KCC Chapter 17.13 against the <br /> Washington State Department of Commerce comment letters dated March 27, 2026, and May 22, <br /> 2026, as well as relevant Growth Management Act(GMA)provisions, including RCW <br /> 36.70A.020,RCW 36.70A.030(38),RCW 36.70A.070(5),RCW 36.70A.090, and RCW <br /> 36.70A.110. <br /> • Inventory of existing TDR activity—Staff compiled available records of TDR certificates <br /> issued, letters of intent, and related activity. See attached Application/Certificate Inventory <br /> Summary). <br /> • Comparative/best-practices review—Staff examined TDR program structure, <br /> implementation,utilization in King, Pierce, Snohomish,Kitsap, Thurston, and Whatcom <br /> Counties. <br /> • Legal review—The Prosecuting Attorney's Office evaluated vested-rights consideration, <br /> potential takings exposure, and transition issues associated with substantial revision or <br /> prospective repeal of the TDR program. <br /> COMMUNITY PLANNING•BUILDING INSPECTION•PLAN REVIEW•ADMINISTRATION•PERMIT SERVICES•CODE ENFORCEMENT <br />