The Planning and Zoning Commission has forwarded its recommendation to the Town Council outlining regulations for commercial detoxification facilities for substance abuse rehabilitation within the town.

The commission voted 6-0 to forward the proposal for council consideration. They asked Development Services Director John Wesley to add an additional item to address a discharge policy designed to repatriate patients to their point of origin. That could include arranging for family or other transportation to pick up the patient rather than simply letting them walk out the door.

The commission and staff have been working on the ordinance to add classifications for detox facilities along with drug and alcohol treatment facilities to the town’s Zoning Ordinance. Some people were questioning the need for such regulations for a town the size of Fountain Hills, believing the regulations could have the effect of inviting such facilities.

Wesley has explained that should someone come into Town Hall and ask about locating a rehab facility in Fountain Hills, staff would have to rely on its best judgement for how to place the business related to zoning. They could not simply say no.

“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. Commission Chairman Peter Gray had said 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, he suggested that the criteria should be based on the facility providing the rehab services primarily to Fountain Hills residents. It is believed the Town would not 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.

Gray provided information from a National Survey on Drug Use and Health (2021) as an example of how data might be used to demonstrate need in a community.

Based on comments from the commission’s December meeting, 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.”

A hearing and consideration before the council has not been scheduled, however, Wesley said a March date is probable.