Planning Commission Agenda and Packet 2021 12 09

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Planning Commission Meeting Minutes November 11, 2021 Page 9 of 12 treat every application fairly and he found that this one complied with the Comp Plan, the Highway 42 plan, and the Code. Brauneis agreed and added that it was not the Commission's role to develop properties, but rather to respond to the proposal at hand. Given what was proposed, he was in support of the application. Hoefner agreed with Commissioner Moline and Chair Brauneis that their job was to apply the law as written, though that did include debate about what it meant to do that. But if a proposal met the requirements it met the requirements. Moline made a motion to approve Resolution 16, Series 2021. Hoefner offered a second to the motion with an amendment to changing the language in the final substantive paragraph to: "reduce the requirement for occupancy by persons 55 years of age and older from 24 dwelling units to 0 dwelling units," with the change being taking the number from 12 to 0. Moline stated that he was prepared to see what happens if the proposal remained the same as what was in the staff report, so he declined the friendly amendment for the time being. In support of the amendment, Commissioner Hoefner stated that he understood that Council had expressed concern but at the same time they sent it back to the Commission for their recommendation and they had an obligation to offer what they thought the right thing to do and that's what he thought was right. In his view the right thing to do was to eliminate this requirement. Brauneis asked for clarification, stating that he gleaned from Commissioner Hoefner's statement that Commissioner Hoefner understood Council as wanting the Commission to include the 55+ even as Commissioner Hoefner was arguing for an amendment to take out that requirement. Hoefner confirmed and stated that his recommendation would be a polite way of saying, look, you sent this back to us and to the extent you were suggesting we ought to have these deed -restricted units we disagree and we stand by what we original recommended. Ritchie added that independent of how the Commission voted the applicant had the discretion to move forward with the Commission's recommendation or move forward with the 55+ requirement to Council. Discussion of voting procedure. Moline stated that he did not have a strong feeling on the 55+ piece and he was prepared to keep the amendment in the motion. Howe suggested keeping the 55+ in perspective, stating that this it was just over 20% of the units reserved for 55+ and not a majority of the units. 11