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KITTITAS COUNTY COMMUNITY DEVELOPMENT <br /> roTH <br /> SERVICES <br /> 411 N.Ruby St.,Suite 2,Ellensburg,WA 98926 <br /> "Building Partnerships—Building CDSl7a CO.KITTITAS.WA.US <br /> K=1rASC0L'VTY Office Mg)962-7506 <br /> GAP ANALYSIS <br /> Kittitas County Transfer of Development Rights (TDR) Program <br /> Executive Summary <br /> This gap analysis evaluates every relevant subsection of Kittitas County Code (KCC) Chapter 17.13 — <br /> Transfer of Development Rights against the specific concerns raised by the Washington State Department <br /> of Commerce in: <br /> • March 27, 2026 Letter —Comprehensive Plan comments, including the recommendation to <br /> consolidate TDR goals and policies under a dedicated TDR section in the Rural Element. <br /> • May 22,2026 Letter —Development regulations comments focused on TDR definitions (KCC <br /> 17.13.015),receiving sites (KCC 17.13.030(e), (f), and(g)),transfer process, and the exchange <br /> rate table in KCC 17.13.080. <br /> This gap analysis also includes a review of Kittitas County Code, Chapter 17.13 in reference to general <br /> standards and guidance established under the Washington State Growth Management Act. CDS staff <br /> found the following sections applicable to this evaluation; <br /> • RCW 36.70A.020 (planning goals) <br /> • RCW 36.70A.030(38) (rural character) <br /> • RCW 36.70A.070(5) (rural element) <br /> • RCW 36.70A.090 (innovative techniques) <br /> • RCW 36.70A.110 (urban growth areas) <br /> Primary Finding: KCC 17.13.015 and KCC 17.13.030(1)(g) expressly authorize all Rural Lands as <br /> receiving sites. KCC 17.13.080(5)provides a 1:1 exchange rate for"Rural Development." Together these <br /> provisions allow rural-to-rural density transfers, which Commerce states "may have the opposite effect by <br /> encouraging growth in rural areas" and which conflict with the GMA purpose of TDR programs—to <br /> direct growth toward cities and UGAs while protecting rural character and resource lands. Commerce <br /> recommends amending or rescinding the program. <br />