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11 <br /> 254 and they go with people who are residents of that development. If they don't think it's at <br /> 255 the right balance, they can bring a complaint, and they can go to court and adjudicate it in <br /> 256 that fashion. The most likely way to make it a binding agreement would be that the <br /> 257 applicant offers that it will be this kind of a community to the county commissioners. They <br /> 258 agree that that's a good thing, and with both parties in agreement, it could then be put into <br /> 259 the zoning approval. <br /> 260 <br /> 261 Adam Beeman: What he's asking is, are you guys proposing that as a condition for the zoning package, <br /> 262 so in the zoning package, the condition would be a 55 and older community. I think that's <br /> 263 what he's trying to get to here. Are you guys willing to put that in writing as a condition <br /> 264 right now as part of our consideration, pretty sure that's what he's asking. <br /> 265 <br /> 266 Scott Radway: We are proposing, yes, that it will be age 55 community. <br /> 267 <br /> 268 Adam Beeman: And that is a condition? <br /> 269 <br /> 270 Statler Gilfillen: Put it in writing so that it's a legal binding issue. That's all. <br /> 271 <br /> 272 Scott Radway: We can't do that at this time. We can put it in writing what we're proposing. It doesn't <br /> 273 become legal until the board of county commissioners would do something with it. For <br /> 274 our intent with you, yes. <br /> 275 <br /> 276 Adam Beeman: Right, this is the back and forth. We can negotiate, like if we wanted to say oh, we want <br /> 277 you to put up solar panels on everybody's building, you say no. Well, we can go back and <br /> 278 forth and have that discussion. And so, in that same step that you guys are proposing, the <br /> 279 55 and older, then that would be a condition in the zoning where that's a 55 and older <br /> 280 community period. <br /> 281 <br /> 282 Scott Radway: I thought the question was more about at what point is it possible to insert that as a legal <br /> 283 condition within the zoning approval process. <br /> 284 <br /> 285 Adam Beeman: If that's what you are guys are saying is a condition, then that will be part of our approval if <br /> 286 we do approve it at the end of the night, it will be included in our verbiage that it's a 55 <br /> 287 and older community, so if you guys are in agreement, then we'll move forward from there <br /> 288 and get the public comment. <br /> 289 <br /> 290 Lamar Proctor: Just a follow-up question to that, what you're saying is if you use that specific verbiage, <br /> 291 then that puts you under federal regulations to that 80 percent, at least 80 percent of the <br /> 292 housing has to be sold to or owned by persons 55 and older? <br /> 293 <br /> 294 Scott Radway: Not precisely that. It has to be occupied by somebody 55 or older, so I could buy it for my <br /> 295 mother, or I could own it for my mother to be in it and there are, if you want to read the full <br /> 296 set of federal register regulations from 1999, I'll be glad to forward them to you. <br /> 297 <br /> 298 Lamar Proctor: So, 80 percent of the occupants? <br /> 299 <br /> 300 Scott Radway: Eighty percent occupancy by household that's got one 55 or older person and you have to <br /> 301 do an annual census of the residents and the dwelling units in the property and have that <br /> 302 record available any time somebody wants to look at it. One of the things that I think Pat <br /> 303 and I talked about is an aspect of reporting that information back to the County. The <br />