Three new members of the Town Council have asked that the governing body return to the issue of sober living homes or community residences. They are asking for changes consistent with the recommendations of the Planning and Zoning Commission made last year.
Following the P&Z recommendation the council held separate hearings and approved an ordinance with changes made on the advice of legal counsel and other review. There had been charges that the council had “watered down” a strict version the P&Z recommended and the candidates for council had used that as a campaign issue going into the election last August with a promise to initiate a stricter version after taking office.
Issues that were of most concern include a cap on number of residents, which was adjusted according to the use of the community residence (this varied with assisted living or sober living facilities); spacing between facilities (ordinance sets at 1,302 feet, an increase from the original 1,000, but half the 2,640 recommended); eliminated the option for unannounced inspections, as the council did not believe the Town had such authority; eliminated an insurance requirement; changed language related to ownership/leasing arrangements the council believed better suited the goal of the recommendation; revised language that was better suited to the wider range of community residences beyond the P&Z focus on sober living; the violations and penalties section was changed by the council to be more consistent with other penalties outlined in the Town Code.
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Council to revisit sober living homes
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Bob Burns, Reporter
Three new members of the Town Council have asked that the governing body return to the issue of sober living homes or community residences. They are asking for changes consistent with the recommendations of the Planning and Zoning Commission made last year.
Following the P&Z recommendation the council held separate hearings and approved an ordinance with changes made on the advice of legal counsel and other review. There had been charges that the council had “watered down” a strict version the P&Z recommended and the candidates for council had used that as a campaign issue going into the election last August with a promise to initiate a stricter version after taking office.
Issues that were of most concern include a cap on number of residents, which was adjusted according to the use of the community residence (this varied with assisted living or sober living facilities); spacing between facilities (ordinance sets at 1,302 feet, an increase from the original 1,000, but half the 2,640 recommended); eliminated the option for unannounced inspections, as the council did not believe the Town had such authority; eliminated an insurance requirement; changed language related to ownership/leasing arrangements the council believed better suited the goal of the recommendation; revised language that was better suited to the wider range of community residences beyond the P&Z focus on sober living; the violations and penalties section was changed by the council to be more consistent with other penalties outlined in the Town Code.
Mayor Ginny Dickey noted as her earlier position that the State of Arizona is the licensing agency for nearly all types of community residences and oversight and enforcement is primarily a state function, giving the Town little authority.
Councilwoman Brenda Kalivianakis said she has had conversations with State Senator John Kavanagh who told him the legislature would be looking at enhancing oversight and inspection of sober living homes.
It was noted that changes to the ordinance would require a public hearing which had not been posted prior to the Jan. 3 session of the council. To meet the notification requirements Skillicorn moved to continue the discussion until the regular council session on Tuesday, Feb. 7. The motion carried unanimously.
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