A discussion before the Planning and Zoning Commission last week related to inpatient detox and rehabilitation facilities proposed the idea that regulations that require applications for such a facility demonstrate specific need in the Town.

Commission Chairman Peter Gray, participating in the meeting by phone, suggested that the Town consider applying Certificate of Need (CON) regulations to applications.

CON laws were adopted by states to follow a federal law implemented in the late 1970s. The objective was to control medical costs by preventing overbuilding and excess capacity, which was believed to drive up costs.

There are some studies that indicate that by stifling competition, CON rules actually increase costs.

However, Gray’s comments related to the fact that such facilities are considered services and therefore pay no taxes that support the community. He said he would like to see a model that demonstrates the facility is needed to serve Fountain Hills residents rather than bringing in clients from a regional area.

Gray noted such facilities do impact the community and generate no revenue to mitigate those impacts.

“If there is a need to serve Fountain Hills [residents] we should make it available,” Gray said.

State Representative John Kavanagh, a Fountain Hills resident, said the goal should be the protection of neighborhoods.

“For the protection of citizens and respect for residential neighborhoods, there should be reasonable spacing [requirements],” Kavanagh said. “Apply greater separation with detox.

“Should Fountain Hills even have this type of facility? We are a small town and commercial space is limited and adjacent to residential.

“You can’t isolate these uses in such a small town.”

Based on a map of proposed separation boundaries Development Services Director John Wesley said there are only a couple of options available for inpatient facilities. Those include a section of C-3 zoning in the area of Colony and Enterprise drives off Saguaro Boulevard, and at the far west end of Four Peaks Plaza [Target]. That proposal restricts facilities to no less than 500 feet from residential zoning and 2,000 feet from another such facility.

Some residents suggested that the Town model its ordinance after Paradise Valley.

Larry Meyers said he talked with the Paradise Valley town manager about their regulations.

“We are talking about a business,” Meyers said. “They provide no revenue to the Town. They are at best intrusive to the neighborhood and at worst have a negative impact on the community.”

Crystal Cavanaugh urged the commission to look at strict regulations regarding location and distance. She said any facilities should serve actual Fountain Hills residents. There are not substantial numbers without importing clients from outside. The services to fulfill the needs of local residents already exists, she said.

“This is big business we do not need,” Cavanaugh said.

Commissioner Patrick Depaah asked Wesley if there is any information regarding the number of local residents needing the services of a detox facility.

Wesley said he was uncertain but had seen survey data indicating about 2,000. He was unclear on the specifics of the survey methods and time it was collected. [That is about 8% of the Town’s population].

Wesley also said that while he will contact Paradise Valley, he added that town has no commercial designation in its zoning ordinance, essentially giving the council almost complete control using a system of use permits for businesses.

Commissioner Susan Dempster said she would like to see additional separation buffers to include schools, churches and parks.

Commissioner Dan Kovacevic said he agrees with Gray to investigate a mechanism to show a need in the community and provide information on what the Town might be able to do in this area.

Wesley said he would work with the input he received at the meeting but was uncertain he would be ready to present a proposed ordinance by the November meeting. He said December may be an option if the commission choses to meet going into the Christmas holidays.