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Regular City Council Meeting Monday,November 28, 2022 Page 13 criteria so it is not a guarantee that it happens but is available and can be used. He thought if the Conditional Use was not approved,as staff noted,the number of units with a bonus is fifty-seven as opposed to the eighty-six versus seventy-two if the Council approves the Conditional Use. He thought the Council may want to have some discussion as to how the bonus works and if the Council wants to establish increased criteria, if the Council wants to apply the bonus only to the base Code capability rather than anything it gets through Conditional Use. Having said that, none of that is in the Code now and so it could not be applied to this application and the deadline for City consideration is December 9th under the Statute so this could not be extended without the applicant agreeing to it. He thought it was fair to say that while this does meet a lot of the standards, there is some subjectivity in the City's consideration of Conditional Uses,noting the system is setup in that way on purpose. It can be the case that different people come to different conclusions about how well a proposal for a Conditional Use meets the criteria that the Council must look at and it is not necessarily a case where these projects are just an open and shut thing. It is really looking at all the factors. He stated for him, this area has been designated for high density development based on its proximity to major thoroughfares and the notion of adjacency to very intense uses. He thought on the balance,he would be supportive of this Conditional Use on that basis. Councilmember Strahan explained not having something similar to this come up in her tenure, she would have asked if the City was bound to have either twenty-four or thirty-six and they could not have a middle ground and come up with thirty per acre and the bonus on that. Mayor Roe explained the Code allows up to thirty-six per acre with a Conditional Use; however, he was not sure that is the application before them and might be a challenge if the Council were to approve a number below what is being applied for. That may or may not mean something happens so he thought it was a matter of approve or deny on the basis of the application before the Council. That would be his suggestion. Councilmember Etten noted the point is taken and staff has tried to set this out that what the Council must think about is the Conditional Use, not the dimensions of this. But, he would note that he has had several interactions with staff, Mr. Lloyd sent him a lot of information on this, and one of things discussed was the height of the building, setbacks and this again is meeting all of those and is in fact nine and a half feet shorter than it could be. Also, because of the street and setbacks, there is significantly more space between the low-density housing compared to the high- density housing that is proposed than is typical and allowed under City Code. He understands its impact but this development will have less impact than it might in some other spot. This was something he had to battle around with and talk about lines and adjacencies with staff. He appreciated all the detail and the difficulty it presents in practicality for neighbors.