Council confirms deed restriction to limit occupancy to at least one resident 55 or older at proposed independent-living project

The City Council on April 10 confirmed the mayor’s acceptance of evidence that the NCR Senior Independent Living Project will be subject to a recorded deed restriction requiring at least one person aged 55 or older in each unit.

Director Gudetti explained the restriction is required by the city code and said the city requested a deed restriction because it records with the county and "runs with the property," making future purchasers aware of the occupancy limitation. "That's what we ended up with. That's what you see attached as exhibit A to the legislation," Gudetti said in explaining why the deed restriction was included in the filing to the council.

Gudetti described enforcement and monitoring measures the developer agreed to: the property management company (identified in the discussion as National Residences) will provide an annual certification to the city that units comply with the residency restriction; the city may request additional certifications at any time; and if violations are suspected the building department can demand immediate certification and pursue remedies including zoning enforcement actions.

A council member asked what recourse the city would have if individual units failed to comply in later years; Gudetti said the city could send formal notices and pursue code enforcement. Councilors also noted that residents had reported issues about the property; the mayor and staff confirmed those concerns had been forwarded to the appropriate offices and that staff were addressing them.

Ending: Council adopted Resolution 26 by voice vote, completing the code‑required confirmation step once the mayor determined the offered deed restriction suitable. Staff said they will monitor annual certifications and may seek further documentation if compliance questions arise.