A residential treatment center is one step closer to opening in the former Elk Meadows Assisted Living and Memory Care building following a decision made Monday night by the Oakley City Appeal Authority.

Hearing officer Doug Clyde, a former Summit County councilor and member of the Eastern Summit County Planning Commission, determined staff did not err in granting Chateau Recovery Center a minor amendment to the existing conditional use permit after he reviewed an appeal filed by Oakley residents Dallas and Nicole Brown. 

The Browns argued city officials were wrong to approve a minor amendment, which does not require a public hearing though the Oakley City Council held one on Sept. 25, in December because it was actually a major change. 

But Clyde, who has extensive knowledge of Utah’s Land Use, Development, and Management Act and experience in land planning, dismissed the appeal, citing a lack of evidence and the current code. 

“If you find that I’m favoring the city, that’s because that’s what the law says I’m supposed to do,” he explained at the start of the hour-and-a-half-long meeting. “Just be aware that allowed use is the highest entitlement that you can have on a piece of ground that is subject to planning and zoning.”

A minor amendment is defined as an application that would not increase the square footage, density or intensity of the previously approved conditional use permit under Oakley municipal code. Staff determined that Chateau Recovery falls under those provisions because it will not make any outward changes to the building and is an allowable use for the zone.

The current language was adopted in 2021, and Dallas Brown argued the original development agreement approved two decades ago should supersede the current law. He asserted there’s a difference between an allowed use and imposing conditions to allow for the use, though Clyde refuted that point.

“That’s just the way the code was written. You may decide in your own mind that that’s not good. I can understand that. We completely understand that, but that’s not the way. The code is good, and we have to follow the code. It is beyond my authority,” Clyde said.

The residential treatment center, where the client is mostly first responders such as police officers and firefighters from out of state, would convert the former nursing home from a 42-unit facility into a 56-bed center for people suffering from drug and alcohol abuse or post-traumatic stress-related disorders. 

However, Clyde noted Elk Meadows was permitted to have two people per room under the code — although the center only had about 35 residents when the closure was announced in September — making its actual density of 84 dramatically higher than what Chateau Recovery proposed. 

Clyde also argued the residential treatment center would have roughly the same intensity as a residential care facility. The Browns, and other community members, disagreed. Questions were raised about whether geriatric residents and adults facing mental health disorders required the same level of care or had the same impacts on the community. 

The hearing officer said those concerns were over a perceived change in the intensity of management efforts, and Clyde noted those would be contained to business operations. Staff reviewed the application submitted by Chateau Recovery, which promised 24/7 supervision and a “gold standard” of care.

CEO Danny Warner affirmed that commitment at this week’s meeting. He said Chateau Recovery does not accept court-ordered clients, and individuals can be discharged at any time. He said clients are not free to roam without a staff member present, and they do not leave the facility besides supervised walks with therapists.

Chateau Recovery operates a 16-bed center near the 13th hole of the Homestead Golf Course in Midway, which will close when the new facility in Oakley opens. He said there have been zero complaints from the community since the center opened 12 years ago. 

With accreditation renewed by the state and testimony submitted by treatment center staff, Clyde felt there was no reason to distrust Chateau Recovery. He said the Browns failed to show evidence or facts beyond anecdotes that support their appeal. 

“It is important for everybody to understand the larger issue of property rights here, because they are paramount under Utah law, and they’re especially paramount under the procedure that we’ve got going in front of us,” Clyde said.

Oakley officials received other correspondence from residents regarding the Elk Meadows closure and Chateau Recovery application, but none were deemed timely or formal appeals.

Clyde has 30 days to write an official opinion, making his decision to uphold the city’s ruling official. Once that’s in effect, Warner said he will be able to finalize the pending sale of the former building. Elk Meadows shuttered its doors to its senior residents on Dec. 1. The facility needs several renovations, but Chateau Recovery will move in as soon as it’s able.

The Browns declined to comment after the hearing.

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