15.82.065 Park development fee credit for multiple-service medical and recovery care facility.
A. Only one of the two types of credit allowed under this section shall be given. An applicant who seeks credit under this section shall be required to submit a letter making such request to the planning director as part of an application for a zone change to a PUD (planned unit development) zone. The letter must specifically state which type of credit is being requested; enumerate how the facility meets each of the criteria listed in this section; include a copy of the floor plan(s); a site plan identifying the recreational and open space facilities, including acreage and square footage of such facilities; and other reasonable documentation the planning director, or designee, may request to make a determination whether the request meets the requirements of this section.
B. Each residential independent living unit as part of a multiple-service medical and recovery care facility which satisfies the following criteria shall pay fifty percent of the amount of the adopted park development fee:
1. Demonstrate that the facility is a multiple-service medical and recovery development that includes skilled nursing, assisted living and independent living units, as defined in Section 15.82.020(E); and
2. The applicant or developer shall enter into an agreement with the city which clearly identifies the amenities which shall be developed and which meet the on-site park, open space, garden or other specially dedicated outdoor area requirements of subsection (B)(5) of this section. Such agreement shall require that the amenities be completed and approved by the development services director prior to issuance of a certificate of occupancy for the multiple-service medical and recovery care facility; and
3. The facility provides for continued maintenance of and preservation of the open space and/or recreation facilities by recorded written agreement, covenants, restrictions or other instrument approved by the city attorney. The recorded instrument shall run with the land and may not be amended without prior written approval of the city; and
4. The facility must have a minimum of ninety independent living units, and the number of independent living units shall not to exceed thirty percent of the total number of units and/or beds of the multiple-service medical and recovery care facility; and
5. The facility shall provide on-site at least one of the following for the independent living unit residents:
a. A minimum of one-half acre of outdoor open space, garden or other specially dedicated outdoor activity area that is usable. Usable area means the outdoor area shall be reasonably adaptable and improved for use as park and recreational purposes taking into consideration such factors as size, shape, topography, geology, access and location of the open space. Areas required by zoning or building ordinances such as yard, setback, landscaping, parking, and drainage or detention basins shall not be used as any part of the open space, gardens or other outdoor activity area proposed to satisfy the requirements of this section,
b. Indoor recreation room for exercise, arts and crafts, and other group activities. Size of room shall have a minimum capacity of forty-five people,
c. Swimming or therapeutic pool,
d. Amphitheater or auditorium,
e. Indoor gym for activities such as basketball, badminton and volleyball,
f. Indoor courts for such activities as racquetball or handball,
g. Running or walking track or trail with specialty surface,
h. Multiple station exercise par course,
i. Golf course,
j. Other comparable facility as approved by the planning commission or city council.
C. Each residential independent living unit as part of a multiple-service medical and recovery care facility which satisfies all of the following criteria shall not be required to pay the adopted park development fee:
1. The facility shall meet the requirements of subsections (B)(1) through (B)(3) of this section, and the applicant or developer shall enter into an agreement with the city which clearly identifies the amenities which shall be developed and which meet the on-site park, open space, garden or other specially dedicated outdoor area requirements of this section. Such agreement shall require that the amenities be completed and approved by the development services director prior to issuance of a certificate of occupancy for the multiple-service medical and recovery care facility; and
2. The facility must have a minimum of one hundred twenty independent living units, and the number of independent living units shall not to exceed fifty percent of the total number of units and/or beds of the multiple-service medical and recovery care facility; and
3. The facility shall provide indoor recreation rooms for such activities as exercise, arts and crafts, and other group activities for the independent living unit residents. There shall be at least one room with a minimum capacity of forty-five people; and
4. The facility shall provide no less than two acres of outdoor open space, garden or other specially dedicated outdoor activity area that is usable. The outdoor area shall be reasonably adaptable and improved for use as park and recreational purposes taking into consideration such factors as size, shape, topography, geology access and location of the open space. Areas required by zoning or building ordinances such as yard, setback, landscaping, parking and drainage or detention basins shall not be used as any part of the open space, gardens or other outdoor activity area proposed to satisfy the requirements of this section; and one of the amenities listed in Section 15.82.065(B)(5)(c) through (j).
D. At the option of the applicant, the full amount of the fee, which does not include said credit as described in subsections (B) and (C) of this section, may be paid at the time of issuance of the building permit for any independent living unit. Subsequent to payment of the fee in full, and if the city council approves a PUD (planned unit development) zone change that includes open space and recreation facilities that meet the requirements of this section, the applicant may submit a written request to the development services director for refund of fifty percent or one hundred percent of the fee paid, subject to the criteria listed in this section, and a refund shall be issued to the applicant or appropriate payee. However, said request must be made within three months of issuance of a certificate of occupancy for the building containing independent living units. If no request is made within such time period, this credit becomes void, and no refund shall be made. The development services director shall have fourteen days to respond to a request.
E. The appeal procedure for this section shall be in accordance with Section 17.64.090. (Ord. 4939 § 6, 2018; Ord. 4714 § 1, 2012; Ord. 3897 § 2, 1999)