7_10_24 Planning Board Minutes - Laserfiche WebLink

Browse Search

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