Several members of the public used open speaker time at the Feb. 7 Town Council meeting to demand the council bring forward and take action on a recommendation for regulating detoxification and rehabilitation facilities in Fountain Hills.

They asked that it be placed on the agenda for Feb. 21.

Larry Meyers said there is no reason for further delay and the council should adopt the P&Z Commission recommendation approved Jan. 9.

Meyers said he understood the council wanted to discuss the proposed regulations at the upcoming retreat on Feb. 28. He said that would delay action to two months after the P&Z action.

Crystal Cavanaugh said there is no benefit to delay and all council members should be well versed on the proposal.

“It should be on the next agenda and pass exactly as P&Z recommended,” Cavanaugh said.

The commission and staff had been working on the proposed regulations since last fall before voting on the recommendation in January.

Development Services Director John Wesley said most cities would not have such regulations, but he supports having the rules. He said if a potential applicant came in to ask staff about placing a detox/rehab center in Fountain Hills staff would need to rely on its best judgement as to where it should go.

“This provides the rules to guide (staff),” Wesley said. “Most communities don’t have something like this.”

The commission had focused on developing need-based criteria for accepting patients into a Town facility. The thinking there was that since the facilities are considered “services,” there is no ability for the Town to collect any benefit in the way of fees or taxes. That being the case, it was suggested that the criteria should be based on the facility providing the rehab services primarily to Fountain Hills residents. It is uncertain whether the Town would have enough need to support a detox/rehab facility specific to local residents only.

Specific to the need discussion, language was added to state that applicants should, “document through a market analysis by a credentialed professional the need for the service on an ongoing basis for resident of the Town of Fountain Hills.” The analysis is to take into consideration any existing services.

The proposed regulations would apply to detox/rehab facilities that would provide inpatient services and would not be permitted in residential zoning districts. This is different from the sober home community residences that can be located in residential districts.

Based on commission discussion, Wesley had added provisions requiring insurance – requiring a copy of a certificate of commercial liability insurance, with the Town as an additional insured.

A provision was also added to require compliance with the state’s “smoke free Arizona act” to require a designated smoking area including for vaping and e-cigarettes apart from adjacent uses.

Clarity was added to the separation distances to specify “property line to property line.”

In closing its Feb. 7 meeting the council asked staff to have the commission recommendation on the agenda for Feb. 21.