Drafting of amendment to land use code for assisted living facility

Posted by Erin Eddy


November 21, 2008
By Christopher Pike

RIDGWAY – The Board of County Commissioners and the county attorney held a special workshop Monday to tackle drafting an amendment to the Land Use Code allowing a special use permit for operation of an assisted living facility.

The complexities of the topic are currently being delved into by county commissioners, who said they believe such a facility has a rightful place in the county.

Over a dozen members of the public observed the discussion at the Land Use conference room, including several members of the Ridgway-Ouray Community Council, Ouray County Social Services Director Alan Gerstle, and David Tabor, president of Solid Rock Foundation Ministries (SRFM), who presented a definition to the county in October containing what the definition of the facility might be and had asked that the code be amended.

Tabor filed the application to amend the LUC, following code's the citizen-initiated process, which requires a written request and initial consideration by the Ouray County Planning Commission, which agreed last September, by a 3-2 vote, to recommend to the BOCC that the definition for an assisted living facility be added to the LUC as well as uses allowed by special use permit with a stipulation that any such facility be state licensed.

SRFM had identified its preferred site as the Ponderosa Care Home on Cutler Creek Drive, which was used previously as an assisted living facility for the elderly. SRFM wants to re-open the building, under a special use permit, as an assisted living residence for severely burned and physically traumatized youth.

However, as to SRFM's request, the commissioners are venturing into uncharted territory. A quick check by County Attorney Mary Deganhart revealed little in the way of code provisions when compared to neighboring counties. "We can't find pat definitions from other counties; I couldn't find any," Deganhart said. "I got two responses back, but county attorneys are usually pretty responsive."

And although little is known yet about what to write, the source of law that enables Ouray County to allow such a facility is traced to the Colorado state statutes.

The commissioners agreed that a definition of an "assisted living facility" is needed; one that best suits the unique landscape of the county, and which minimizes any long-term impacts on the county's budget. But at this juncture, it is not known where a facility should or could be allowed, nor what its size and scope should be.

With that many unknowns, it became evident after an hour of discussion that the first order of business is to lay down the definition of an assisted living facility.

"Assisted living is almost a term of art," opined Deganhart, in her discussion with the commissioners, "It's typically an elder type of living, not a convalescent home, and we're not focusing on children … it's not just what we want to guard against, but what we want it to be."

Gerstle said the county should not steer away from the state guidelines when formulating a definition. "I think all of the definitions are within the regulations," he said. "I think if there's something that doesn't fall within, then it's not allowable by the state. If you write something that doesn't meet the public health side, then it's just not allowed by state law."

Deganhart was instructed by the commissioners to carve out a definition based upon state health regulations. The draft might include provisions for the elderly as well as for burn victims.

Once the definition is agreed upon, other considerations, such as locations where the facility would be allowed, its size, and operational limitations of the facility will fall into place. The draft will be examined by the BOCC in early January, somewhat longer than Tabor had expected in October.

For Charity Freeland, a burn victim and spokesperson for the ministry, the issue of a timeline is less important than getting it right the first time. "I'm aware it's hard to find a place for an assisted living facility," said Freeland. "It's kind of a new idea for a recuperation for burned and traumatized adults here. We do want to be licensed and certified and comply with state regulations. We're just asking for your help so that we can find that place in the state that we can fit into. It's a new idea and a new plan. It's a process we're trying to learn too."