The Planning and Zoning Commission has made its recommendation that the Town Council deny a special use permit (SUP) request to allow the expansion of an assisted living home at Palisades Boulevard and Westby Drive in Fountain Hills.

Fountain Manor has operated as an assisted living facility since 2005 with a total of 10 certified patient beds and two to three live-in caregivers. They are asking for the SUP to allow up to 16 licensed beds.

Town Senior Planner Farhad Tavassoli said that the request to increase to 16 beds moves the facility out of the category of community residence to an operation that is more commercial in nature. He specified this as the reason for the SUP.

The 4,259 square-foot home consists of seven bedrooms, a den, living room, family room and a study. The operator states the increase of six beds will not require the expansion of the building footprint. However, it will require an increase in the parking to accommodate additional caregiver staff. The driveway currently has enough space for two parked vehicles. It would need to accommodate four marked parking spaces including an ADA compliant space. Residents do not have vehicles. Visitation times are prearranged.

Staff opinion is that the increase would have minimal impact on the surrounding neighborhood. The property is within an R-3 multi-family zoning district and the state has oversight of its operations. Town approval of the request is required before the state will grant an amended license.

Some of the commissioners had concerns related to the increased number and how it might impact the regulations the Town spent a couple of years crafting as it relates to group homes. Staff explained that the increase would mean the home is no longer in the zoning category that would fall under the regulations of that ordinance. Staff described the new status as more akin to the classification of Morningstar and even Fountain View Village. That information left some commission members concerned whether this would create a loophole in the community residence classification.

Town resident Crystal Cavanagh said she is concerned about allowing the change after the long effort on the regulations for the community residence classification. She called it a “slippery slope.”

Town resident Larry Meyers said he does not believe that the facility is large enough to accommodate the increase in patients. He said putting 20 people in 4,200 square feet would be very crowded.

Neighbors along Westby Drive expressed concern about increased traffic and street parking with the increase in patients.

Commissioner Patrick Dapaah supported the permit.

“There is a real need for this in Fountain Hills,” Dapaah said. He said the elderly are literally being abandoned. “I walked this entire neighborhood and found this to be one of the better properties.”

Dapaah made the motion to approve the SUP.

Commission Chairman Peter Gray said he appreciates that the facility is well run and clean.

“I at least need a layout to see how this is going to work,” Gray said. “I’ll vote against.”

The vote was 5-1 to recommend denial of the request. Commissioner Dan Kovacevic was absent.

The Town Council is to consider the request at its Tuesday, June 20, regular session.