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254 <br /> Approved 8.7.24 <br /> 253 choose. The minimum you can do is you have to be at least 80 percent senior housing <br /> 254 occupied by 55 and older. The mechanisms for enforcement of that are some are civil, <br /> 255 and they go with people who are residents of that development. If they don't think it's at <br /> 256 the right balance, they can bring a complaint, and they can go to court and adjudicate it in <br /> 257 that fashion. The most likely way to make it a binding agreement would be that the <br /> 258 applicant offers that it will be this kind of a community to the county commissioners. They <br /> 259 agree that that's a good thing, and with both parties in agreement, it could then be put into <br /> 260 the zoning approval. <br /> 261 <br /> 262 Adam Beeman: What he's asking is, are you guys proposing that as a condition for the zoning package, <br /> 263 so in the zoning package, the condition would be a 55 and older community. I think that's <br /> 264 what he's trying to get to here. Are you guys willing to put that in writing as a condition <br /> 265 right now as part of our consideration, pretty sure that's what he's asking. <br /> 266 <br /> 267 Scott Radway: We are proposing, yes, that it will be age 55 community. <br /> 268 <br /> 269 Adam Beeman: And that is a condition? <br /> 270 <br /> 271 Statler Gilfillen: Put it in writing so that it's a legal binding issue. That's all. <br /> 272 <br /> 273 Scott Radway: We can't do that at this time. We can put it in writing what we're proposing. It doesn't <br /> 274 become legal until the board of county commissioners would do something with it. For <br /> 275 our intent with you, yes. <br /> 276 <br /> 277 Adam Beeman: Right, this is the back and forth. We can negotiate, like if we wanted to say oh, we want <br /> 278 you to put up solar panels on everybody's building, you say no. Well, we can go back and <br /> 279 forth and have that discussion. And so, in that same step that you guys are proposing, the <br /> 280 55 and older, then that would be a condition in the zoning where that's a 55 and older <br /> 281 community period. <br /> 282 <br /> 283 Scott Radway: I thought the question was more about at what point is it possible to insert that as a legal <br /> 284 condition within the zoning approval process. <br /> 285 <br /> 286 Adam Beeman: If that's what you are guys are saying is a condition, then that will be part of our approval if <br /> 287 we do approve it at the end of the night, it will be included in our verbiage that it's a 55 <br /> 288 and older community, so if you guys are in agreement, then we'll move forward from there <br /> 289 and get the public comment. <br /> 290 <br /> 291 Lamar Proctor: Just a follow-up question to that, what you're saying is if you use that specific verbiage, <br /> 292 then that puts you under federal regulations to that 80 percent, at least 80 percent of the <br /> 293 housing has to be sold to or owned by persons 55 and older? <br /> 294 <br /> 295 Scott Radway: Not precisely that. It has to be occupied by somebody 55 or older, so I could buy it for my <br /> 296 mother, or I could own it for my mother to be in it and there are, if you want to read the full <br /> 297 set of federal register regulations from 1999, I'll be glad to forward them to you. <br /> 298 <br /> 299 Lamar Proctor: So, 80 percent of the occupants? <br /> 300 <br /> 301 Scott Radway: Eighty percent occupancy by household that's got one 55 or older person and you have to <br /> 302 do an annual census of the residents and the dwelling units in the property and have that <br />