HomeMy WebLinkAboutMinutes 09/20/16 PUBLIC HEARING
September 20, 2016
Present: Jeanne McQueeney Chairman
Jillian Ryan Commissioner
Kathy Chandler-Henry Commissioner
Brent McFall County Manager
Bryan Treu County Attorney
Regina O'Brien Chief Deputy Clerk to the Board
Commissioner Updates
Commissioner Chandler-Henry stated that Thursday was the Eagle Business Round-Up event at the Brush
Creek Pavilion. She also stated that Gypsum was having a playground build day and needed volunteers. Climate
Action Plan community meetings had been taking place and there was a meeting Thursday from 5-7 pm in the
Grandview room in Lionshead.
Commissioner Ryan recently attended a conference about Safe Rural Roads.At the conference strategies
were discussed to help prevent motor vehicle crashes. Rumble strips, for example,prevent 50 %of crashes from
going off the road. CDOT was at conference to encourage local entities to adopt safety strategies. She would be
bringing ideas back to the county.
Chairman McQueeney congratulated everyone who helped get the Castle Peak Senior Center organized.
The Center was a true community effort. There would be an open house on October 27. She also spoke about the
first meeting of Animal Services Advisory Committee held last week. She believed the Committee would be a
community sounding board and help make changes to Animal Services.
Consent Agenda
1. Amendment to the Task Order Contract between Eagle County and the Colorado Department of Public
Health and Environment for Emerging Infectious Diseases
Rebecca Larson,Public Health and Environment
2. Agreement between Eagle County and the Department of Military and Veterans Affairs/Colorado
National Guard to Reclaim Two Leased Parcels
Greg Phillips,Airport
3. Resolution 2016-076 Concerning a Taxpayer Generated Petitions for Abatement and Refund Of Taxes
before the Eagle County Board of Commissioners
Christina Hooper,Assessor
4. Berry Creek Ranch Filing No. 3 Lot 19 Final Plat Minor Type `B' Subdivision(Eagle County File SMB-
6374)
Scot Hunn,Planning
Commissioner Chandler-Henry moved to approve the Consent Agenda for September 20, 2016, as
presented.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
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Citizen Input
Chairman Jeanne McQueeney opened citizen input.
Joanne Rock commented on bikes and drivers sharing the roads. Highway issue—this was a community,
where people like to ride bikes,but there was a conflict between bikes and drivers. Bike riders do not pay a
registration to use roads. There has been a rule change to allow bikers to ride tandem and this was a danger. She
asked the Commissioners to see if this rule change could be revised so that riders were not allowed to ride
tandem. Ms.Rock also spoke about the Castle Peak Senior Center and agreed that much of what was available
was needed and paid for accordingly,however she believed there was a problem with misinformation on who
could use the assisted living facilities. She stated that they would not take Medicare or Medicaid to pay for the
assisted living. She felt there should be focus on how to make places available for people who did not qualify for
this assisted living to keep people in the community. She asked that the Commissioners keep this in mind.
Mr.Bruce Carey spoke. He'd been a lawyer in Eagle County and was running for 5th Judicial
District Attorney. He has military background, attended UC Boulder and had a legal career background.
Mr. Carey had been on the Eagle County Zoning Board and the Eagle County Fair and Rodeo Board.
He'd been a volunteer at the Gypsum Rec Center with senior fitness. He would continue to teach there if
elected. He was running as a Republican, and Tyra Welsh, a Democrat,has been chosen as his assistant
District Attorney. Ms.Welsh began her career in 2005 and has been a Deputy District Attorney in Eagle
County. She was currently a felony prosecutor in Jefferson County. Mr. Carey and Ms.Welsh would
carry designated caseloads and not increase the budget. He was available for questions.
Chairman McQueeney closed citizen input.
Business Items
5. Renewal of CNIC Health Solutions Administration Services Agreement(2015)
Jacci McKenna,Human Resources
6. Renewal of CNIC Health Solutions Administration Services Agreement(2016)
Jacci McKenna,Human Resources
Ms. McKenna stated that the business items before the board were related to CNIC and who administered
the health plan. In 2015 the contract was not brought before the board for approval due to an oversight on her
part. Technically the expenditure was approved as a part of the budget process in 2015. She requested approval
for both.
Commissioner Chandler-Henry asked if this was just for the administrative part and not for claims
payments or other.
Ms. McKenna stated that this was for administration of the contract.
Brent McFall stated that on the 2015 contract, all claims were handled; this was also an oversight on
CNIC's part. He believed that Ms.McKenna was gracious to say it was her oversight.
Commissioner Ryan moved to approve of the CNIC Health Solutions Administration Services
Agreement for 2015 and 2016.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
7. Commissioner Updates
Discuss CCUICC
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8. Public Hearing—Appeal of Planning Director's Interpretation that the Proposed Use of the Lodge and
Village Center Parcels Represent a Use-By-Right in the Cordillera PUD
Bob Narracci,Planning
Mr.Treu opened the meeting. The purpose of the meeting was to review the decision made by the Eagle County
Planning Director,Bob Narracci and decide if Concerted Care Group's proposed treatment facility was in line with the
Cordillera's Planned Unit Development. The commissioners wished to hear from Eagle County staff,potential future
owners of The Lodge, and any interested member of the public. Public testimony would be limited to three minutes.
Emails would be part of the record. No weight would be given to issues unrelated to the meeting subject. Any decision
made by the board this day would be followed by a resolution being the final action of the board.
Commissioner McQueeney reminded the audience that respect was to be given to all speakers and any comments
should be directed to the board, not staff.
Mr.Narracci presented a PowerPoint presentation. The Lodge and Spa at Cordillera was known as Lot 1.He
provided a timeline and background of events. On May 24th 2016, zoning was brought up on behalf of Concerted Care
Group (CCG)by Mauriello Planning Group,LLC and Otten,Johnson,Robinson,Neff&Ragonetti PC. Concerted Care
Group's intent was to establish a clinic that would provide in-patient,not-critical care for addiction rehabilitation. On
June 1,2016,the zoning interpretation was provided and concurred that the CCG's proposed use of the property was
consistent with the uses-by-right. On July 8, 2016,a second identical request for zoning interpretation was brought by
Sarah J. Baker Esq., attorney for Behringer Harvard Cordillera LLC,the current owner of the property to say that the
zoning interpretation was in violation of the Eagle County Land Use Regulation procedures pertaining to who was eligible
to request such zoning interpretations. On July 11,2016,Mr.Narracci issued the same interpretation. The Cordillera
Metropolitan District and the Cordillera Property Owner's Association, Inc.brought in a timely appeal. Both CCG and
the current owners,Behringer Harvard Cordillera LLC,had submitted a response to the appeal. Cordillera appeal claims
indicated that the interpretation was inconsistent with the Cordillera PUD which is resort residential community,
inconsistent with legislative intent governing the use of the property, language limited to clinic and outpatient facilities,
and a the proposed use was a change the would alter the character of a portion of the PUD. Behringer Harvard/CCG
believed interpretation was correct because the inpatient clinics were a matter of interpretation,the clinic would provide
non-critical care,use of the property was consistent with the legislative intent, and Cordillera approved the use of the
clinic when the PUD was amended in 2009.
Chairman McQueeney asked the commissioners if they had any questions for Mr.Narracci.
Commissioner Ryan asked about slide number three(3)regarding the bullet that CCG would be purchasing the
Village Center and other properties within Cordillera. She wanted to know what the Village Center would be used for by
CCG.
Mr.Narracci stated that CCG did not intend to use Village Center Parcel at this time, and the use would be
covered in more depth during Dominic Mauriello's presentation.
Commissioner Ryan asked Mr.Narracci to define multi-family residential, and the definition of equal"inpatient".
Mr.Narracci stated that outpatient or inpatient care could be provided in residential accommodations.
Commissioner Ryan asked if people receiving care that stayed at the facility counted as multi-family residential.
Mr.Narracci stated yes.
Lew M. Harstead,Johnson&Repucci LLP-Cordillera Attorney spoke. He stated that the Cordillera Property
Owner's Association and the Cordillera Metro District were seeking to avoid segregation and not discriminate. He stated
that CCG was attempting to segregate The Lodge and Village Central Parcels to maximize corporate profits. CCG wished
to convert The Lodge into an Addiction Treatment Center and a related Residential Rehabilitation Facility,where
"patients pay for anonymity." He contended that Mr.Narracci's interpretation of the Cordillera PUD must be reversed
because the proposed use was not permitted; nothing in the PUD allowed CCG to segregate The Lodge and or Village
Center Parcels. He believed that the interpretation was inconsistent with the 2009 PUD amendment and any changes
would alter the character of The Lodge and Village Center Parcels. An addiction treatment center was not a chilie and
CCG claimed their facility was similar to the Cleveland and Mayo Clinics. He contended that those facilities were
hospitals,not clinics. CCG's proposed use was not limited to providing"non-critical"care; critical care would be needed
because certain patients would need critical care during addiction withdrawal and critical care was not a permitted use.
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No provision of the PUD allowed CCG to segregate the Lodge parcel and CCG's attempt to do so was inconsistent with
the permitted uses. The Lodge parcel must be treated as a social gathering place for the Cordillera community. Behringer
Harvard sought to amend the PUD for the benefit of the community. The 2009 PUD amend did not introduce any new
uses. The interpretation was inconsistent with the legislative intent of the 2009 PUD amendment. The proposed use
would significantly alter the character of the Lodge and Village Center parcels. The major modification sought by CCG
would require amendment of the PUD. He recommended that the board reverse the interpretation and or require CCG to
pursue a PUD amendment
Commissioner Ryan asked Mr. Harstead about his comment that the concept was inconsistent and should not
benefit one single owner. She wondered if the language was in the PUD guide.
Mr. Treu stated that the language was standard in the Eagle County Land Use Regulations related to PUD
amendments.
Commissioner Ryan addressed Mr. Harstead comments regarding the benefit to the community and not
segregation which was a major crux of the appeal. She referred to page 16 of 73,"Use#1 —The Clubhouse and The
Lodge building". She believed that a lot of uses in the PUD would segregate the community.
Mr. Harstead responded that The Lodge was the heart of the resort residential community, and shouldn't be
excluded from the community. Fractional ownership might include some units from the community,but not the entire
Lodge.
Commissioner Ryan asked Mr. Harstead if he was stating that the amenities of The Lodge would have to be
available to residents.
Mr. Harstead stated that not all of the amenities would have to be available but some would have to be left for the
benefit of community.
Commissioner Chandler-Henry asked how The Lodge was currently being used.
Mr. Harstead stated that it was available for community use and was an important asset to the community.
Commissioner Ryan asked Mr.Harstead if it was a private amenity under the covenants.
Mr. Harstead stated that the covenants were not the same as PUD.
Commissioner Ryan stated that The Lodge was private amenity,privately owned, and not owned by the HOA.
She asked Mr. Harstead if he thought it met the definition of a private amenity as per the covenants.
Mr. Harstead stated that he did not have the covenants with him; they were not referenced in the Director's
interpretation.
Commissioner Ryan referred to the covenants, stating that she was trying to reconcile the covenants as she read
them and they were inconsistent with what Mr. Harstead was stating. She stated that she was trying to figure out if the
residents had access to this privately owned facility.
Mr. Harstead stated that the PUD differed from covenants, and PUD was the subject of the Director's
interpretation.
Commissioner Ryan asked Mr. Harstead for the client's interpretation of what"clinic"meant.
Mr. Harstead stated that an addiction treatment center did not meet the definition of a clinic.
Commissioner Ryan stated that the language"clinic"was ambiguous and the law was broad.
Commissioner Ryan asked Mr. Treu if Mr.Narracci identified the intent purpose.
Mr.Treu stated that Mr.Narracci did and that he disagreed with Mr.Harstead. He believed the covenants should
be taken into consideration.
Commissioner Ryan stated that she was trying to make the connection between medical facilities in the 2009 PUD
guide. The clinic language was added in 2009 when the PUD was amended
Mr.Treu stated that the definition of professional office was a use in the PUD guide and such professional offices
included physician offices.
Mr.Harstead stated that the PUD as of Sept 23,2003, section 2.01.1 "offices for administration of the
subdivision, Lodge,"—exhibit 4 of the position statement.
Mr.Treu stated that offices did include"medical offices"and there was a reason for that language to be there.
Mr.Harstead stated that medical uses were in relation to the spa portion of The Lodge.
Commissioner Ryan asked how he reconciled this.
Mr. Harstead stated that the intention of"clinic"was to be used to draw people as a"medi-spa."The intent of the
PUD was that specific definition of clinic.
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Sarah Baker with Behringer Harvard Cordillera LLC Attorney(current owner of Lodge and Spa) spoke. She
stated that The Lodge community had matured, and there had been natural decline in use and membership. The hotel only
achieved 50%occupancy rates and memberships had dwindled. Only 53 cordillera property owners were members.
Cordillera approved the language of the 2009 PUD amendment,but now Cordillera says any use that excluded the
ongoing use by Cordillera residents was not reasonable. Behringer Harvard Cordillera LLC supported Mr.Narracci's
interpretation and believed the interpretation should be upheld.
Dominic Mauriello with Mauriello Planning Group spoke. He showed an aerial map of the Lodge Parcel,Village
Center AKA Tract X,Tract F. He clarified that the Grouse on the Green was not included in this plan. He defined the
PUD guide stating that it provided zoning and development limitations for Cordillera. He stated that the Eagle County
Board of County Commissioners was in charge of enforcing the PUD. He defined the covenants as a private regulatory
document of Cordillera. The Lodge had a list of permitted uses,nothing else. Permitted uses listed included professional
offices,temporary offices,residential single-family,townhome,residential multi-family and fractional ownership.
None of these facilities were public amenities, and there was no requirement that The Lodge be open to the public. CCG
intended to use only The Lodge Parcel for its residential and medical facilities. The Village Center parcel(Tract X)had
one intent statement. Section 3.01.1 was referenced—the Village Center Parcel intent was the"social gathering place."
CCG does not intend to use the Village Center Parcel for medical uses. Tract F contained the Grouse on the Green
Restaurant and golf course related facilities and medical facilities were not listed as an allowed use. Tract F was not
included with this sale. He referenced the covenants, specifically Section 1.25 "Private Amenities"—these facilities were
privately owned and included The Lodge and Section 2.3 Private Amenities—no person gained any right to enter or to use
those facilities, except owners"no consent of the Association or any Neighborhood Association shall affect transfer." Mr.
Mauriello stated that The Lodge was a private amenity,this had been clear from the beginning, and asserting anything
different was inconsistent with Cordillera's documents. He stated that traffic would be the same or less than What was
currently experienced at The Lodge. Noise would be the same as a hotel. There would be no difference in the number of
emergency vehicles coming to The Lodge currently, and any odor and fumes would also be the same. He listed other
high-end luxury communities throughout the United States that had addiction treatment centers located within the
community. He stated that this use was compatible with luxury communities. He stated that the results of a Google
search using the term"inpatient clinics"resulted in 10 of 11 as residential treatment clinics,not hospitals.
Noah Nordheimer, Concerted Care Group President and CEO spoke. He stated that access was a main draw to
this property. He showed images of what the renovated property would look like and stated that it would be renovated to
a Four Seasons standard. Amenities would include a spa, farm to table dining,yoga, skiing, golf and hiking. One
hundred or more jobs would be created at the treatment center. He presented a visual overview of the proposed clinic and
residential housing units.
Dr. Eric Kane, Concerted Care Group Medical Director spoke. Dr. Kane stated that integrated wellness was the
goal of the facility and that integrated care is the model with a heavy emphasis on group and individual therapy. CCG
would not be providing critical care. The model was a low-intensity service for stable patients.
Mr.Nordheimer discussed his personal experience with addition as well as CCG's goal to be good partners with
Cordillera and the Vail Valley. Their goal was to create a place where people would get well.
Brian Connolly, Land Use Attorney spoke. He discussed the application of the Fair Housing Act(FHA)and the
American's with Disability Act(ADA). He stated that drug use would not be allowed in the facility.He stated that
animus was the reason for the hearing today and he presented emails from the Cordillera community,roughly 50 emails,
as evidence of"disparate treatment."
Tom Ragonetti with Otten,Johnson,Robinson,Neff&Ragonetti PC spoke. He stated that his client fully agreed
with Mr.Narracci. CCG was seeking to operate a clinic,not a hospital. The prior PUD did include professional offices,
including medical offices,according to county language. Mr.Ragonetti stated that critical care would not be provided.
Both FHA and ADA supported these uses. The amenity of The Lodge did not automatically come when property was
purchased in Cordillera;the covenants were clear. Mr.Ragonetti urged the County Commissioners to uphold Mr.
Narracci's interpretation.
Mr.Harstead wanted to address the"fear mongering." He urged the board to consider the PUD as he claimed this
use was not one of the 34 listed in the PUD. He reference exhibit seven(7)in the position statement. The proposed use
was not a permitted use within the PUD. He contended that this use did not benefit the entire community. It Only
benefited current owners of The Lodge and CCG. If this proposal was approved, it was a substantial alteration'of intended
uses.
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Commissioner Chandler Henry asked Mr.Nordheimer to address the definition of addiction treatment center as a
hospital.
Mr.Nordheimer stated that it was not a hospital by any means and that many of these types of addiction treatment
centers were residentially zoned.
Dr. Kane stated that there was a major difference between this kind of center and a hospital. Nothing happened in
a residential treatment center that would not happen in an outpatient facility or doctor's office.
Commissioner Ryan asked Mr. Ragonetti about the 2009 PUD and the 34 listed uses,number fifteen(15)was
professional offices. She wondered if this use was carried over into the new PUD and if the Cordillera homeowners added
the limiting language. She wondered what the intent of adding the limiting language was.
Mr. Ragonetti stated that it was similar to the Betty Ford Clinic and/or plastic surgery facility..
Commissioner Ryan asked if a plastic surgery outpatient would have to stay overnight.
Mr. Ragonetti responded-yes,that was the intent.
Commissioner McQueeney asked Mr.Narracci if,within the Eagle County Use regulations, addiction treatment
centers were listed and if the proposal was a residential treatment center.
Mr. Ragonetti stated-yes, a residential treatment center
Commissioner Ryan asked Mr.Nordheimer if Tract 1 was the clinic which would be separate from the patient
residential area.
Mr.Nordheimer stated that they were separate areas,while some would be interconnected with hallways.
Commissioner Ryan asked that"clinically managed residential detox center"be defined.
Dr. Kane that there was a difference between clinically managed and medical managed. Medically managed
would comply with hospital standards and clinically managed by counsellors and residential support aids.
Commissioner Ryan asked Dr. Kane to define"detox."
Dr.Kane stated that detoxification meant medically managed withdrawal from a particular substance. This would
be clinically monitored not requiring nursing staff at all times.
Commissioner Chandler-Henry asked how many staff and patients would be at the facility.
Mr.Nordheimer stated that the level of patients would range between 80 and 100.
Commissioner Ryan responded that according to Mr.Nordheimer there would be 80— 100 patients but this
number would vary; staffing would include a medical team,hospitality team, marketing team, drivers, etc.
Commissioner Chandler-Henry asked if employee housing was planned, and if yes,how many units,
Mr.Nordheimer stated that 24 units were planned, and CCG would like to increase this number. He stated CCG
did increase salaries to help employees afford to live in the Vail Valley.
Commissioner Ryan asked if there would be treatment in the rooms.
Mr.Nordheimer stated there would not be treatment in the rooms. People would sleep in rooms.
Commissioner Ryan asked if medical staff would be on call around the clock.
Mr.Nordheimer stated they are required to have medical staff on call; some staff may live on the property.
Commissioner Chandler-Henry asked why not continue to operate the Lodge and Spa as is.
Ms.Baker stated that Behringer Harvard had attempted to operate the Lodge but it had not been a viable business
option as the community had matured.
Commissioner Chandler-Henry asked Mr. Ragonetti if CCG's intent was to provide public amenities.
Mr. Ragonetti stated amenities such as tennis courts,hiking trails and Grouse on the Green could be used by the
community.
Commissioner McQueeney opened public comment.
Michael Dunahay,Beaver Creek resident expressed concern about the addiction treatment facility. He heard the
term"meth valley"used and was not sure this was the right place for such a facility. He opposed Mr.Naracci's
interpretation.
Don Salcito, Cordillera resident spoke. He believed this was an ambiguous issue and should be put to a vote.
John Moorman, Cordillera owner since 1999 spoke. He wondered if a business plan had been submitted by CCG
and was concerned about having such a facility at high altitude.
Kenneth Segal, Cordillera resident since 2003 spoke. He would like the focus to be on the definition of hospital.
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Kristin Beau Howard, Cordillera resident spoke. She was an addiction specialist with private practices in
addiction therapy. She felt that the facility addressed a need in the community and was in favor of this facility.
Barbara Benson, Cordillera resident since 1991 did not support the proposal and wanted to keep The Lodge which
she says has been managed poorly by Behringer Harvard.
Grason Jenkins,President of Braden Homes was against the proposal.
Thomas Curtain,Vail Valley resident felt that the Lodge did not work and believed that CCG would bring the
building up to the cordillera standards.
Jeffrey Byrne, Cordillera resident supported Eagle County's interpretation of the PUD.
Jeanne Kane Quagliano,resident of Cordillera for 18 years spoke. She raised kids in the area and did not support
the interpretation. She was concerned about effects of the altitude and intent of CCG.
Jennifer Cartmell, longtime resident of Cordillera believed there were no material changes to the PUD when it
was changed and that she did not agree with the Director's interpretation.
Travis Bossow, Edwards resident spoke. He believed the Lodge model had not worked for years and the
community could use this facility.
Cheryl Foley expressed support the Cordillera position statement. The crux of the argument was in the definition
of the word"clinic."
Andrea Eddy,Eagle county voter for 16 years spoke. She used the facilities and supported the Director's
interpretation and what CCG would bring to the valley.
Suzanne Hoffman, Cordillera resident and attorney stated that the PUD was what was in question.
Dale Bugby, Cordillera property owner believed that the zoning and allowable uses were in the question. He
disagreed with Mr.Narracci's interpretation.
Doug Honer spoke. He moved to Cordillera six months ago from Georgia and did not support the clinic.
Terry Benedickt spoke. She had lived in the Cordillera Valley for the last 10 years and supported CCG's
proposal.
Darick Harvey,resident of Gypsum expressed support for the clinic as there was a need.
Susan Smathers spoke. She was a Cordillera Divide resident for 11 years. She disagreed with Mr.Naracci's
interpretation. She was concerned that the PUD wasn't worth the paper it's written on.
Russ Schmeisser, Cordillera resident for two years spoke. He felt the PUD needed to mean something and was
disagreed with the Director's decision.
Tom Markin, Cordillera resident believed the Lodge was viable if it was run well. Taking the Lodge.away was a
big change to a resort community, and the amendment procedure should be used,not an interpretation.
Ed Schriner, Cordillera owner and president of the Homeowner's Association spoke. He would like the PUD
upheld and did not support the facility.
Bruce Smathers, Cordillera resident was against the Director's interpretation. He was concerned about fire danger
and access and believed that the dangers could subject the county to extreme liability.
Commissioner McQueeney motioned to close public comment.
Mr.Narracci discussed the fire regulations as written and stated that there were no problems.
Mr. Ragonetti stated that current wildfire regulations would be a problem for The Lodge if they were going to be
a problem for CCG. The word"clinic"was added, and they did not add `outpatient."
Mr.Harstead stated that this all centered on the use of The Lodge parcel.The definition of"clinic"was not going
to give insight as there were many definitions. If there was a new use, it was a significant change, and it would take the
"resort"out of the resort community. An amendment to the PUD was needed for this change.
Mr.Treu suggested that the board close the presentation<pection of the hearing.
Commissioner McQueeney closed the public comment and,the presentation section.
Commissioner Chandler-Henry asked Mr.Nordheimer to clanfyif this would be an outpatient setting with
patients spending the evening in the residential portion.
Mr.Nordheimer stated that this was correct. No patient care would happen at the residence
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Commissioner McQueeney asked Mr.Narracci to explain the process for the PUD amendment in 2009 and
wondered if the public had the opportunity to speak.
Mr.Narracci said that the PUD amendment went through the full public process,the same set of standards as
usual.
Commissioner McQueeney asked if there are building codes in place for the new facility.
Mr.Narracci stated that any changes to the building would be according to building and fire codes.
Commissioner McQueeney believed there were a lot of passions and asked that moving forward everyone
continue to be respectful.
Commissioner Chandler-Henry echoed Commissioner McQueeney's comments. She had been to the Lodge
numerous times,most recently this summer. The question was whether this proposed use was a valid use. It was not so
much dependent on the definition of a"clinic"but what was the legislative intent. To determine this,they needed to look
back to 2003 and 2009 PUDs, and the 34 uses. The government's role was to apply laws and zoning consistently. The
PUD amendment of 2009 was a public process, CCG's use was that of a professional medical office. She believed that
the proposal met the legislative intent.
Commissioner McQueeney believed that many of the comments made were out of scope. The point was the
interpretation of the PUD guide,and the words in the PUD, not what was remembered about the words. If the
interpretation of this was use by right,then a major modification became circular. The major modification did not make
sense to amend a PUD when the language was already there. She empathized with property owners,but believed the
language had been approved by the Cordillera Property Owner's Association. In these 34 uses by right,the proposed use
was one of them.
Commissioner Ryan thanked everyone for attending. She believed there was considerable review and that the
board had read every email. She was married at the Lodge and Spa and it was a beautiful location. However,the purpose
of this hearing was not to consider compatibility. That should have been done in 2009 with the public process. At this
time the board had to decide if the proposed use was a use by right in the PUD guide. As such,the board had to consider
the PUD as presented. The language was changed in 2009 with additional uses. If the community wanted to keep the
Lodge,they should not have accepted the new PUD language in 2009. The Lodge was a private amenity and could be
sold. The occupancy and the memberships had fallen. The business was no longer working, and in the 2003 PUD, a
different operator should have been brought in. The board could not say what the preference was, a lodge vs. a school vs.
a clinic.The uses were listed in the PUD individually. Treatment would only happen in the clinic in a setting that offered
recreational amenities. In-patient did not match the PUD. She supported the Director's recommendation if it was not to
create an in-patient facility.
Commissioner McQueeney addressed some of the arguments. She stated that the board had to consider what was
before them. The documents state"not critical care"and that was what this was. The argument for"on going access"
was not reasonable as so many of the uses by right did not allow an expectation of ongoing access. The social gathering
place, interpreting the PUD guide,was that this Lodge had to be a social gathering place.
Commissioner Chandler-Henry agreed with both commissioners and agrees to limit the use as outpatient,not in-
patient.
Commissioner McQueeney also agreed to outpatient,not in-patient use.
Commissioner Ryan moved to affirm the Director's interpretation with the modification that the clinic be limited
to outpatient.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
pf Fi1G+,
There being no further business before t o' t: -eting was adjourned until September 27, 2016.
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Attest: _ < <4k AY.o ki
Clerk to the Board C'. an
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