The Town of Fountain Hills is holding an open public forum related to zoning regulations for potential substance abuse detox or rehabilitation facilities within the town. The meeting is to be held in conjunction with the monthly Planning and Zoning Commission meeting on Monday, Jan. 10. As of this writing there is no other business for the commission to address.

Development Services Director John Wesley said he is asking for the session early on in the process to get public input.

“The purpose of the meeting will be to give the public a focused opportunity to provide the Commission and staff with their thoughts on how best to address these uses in town,” Wesley said in an email to The Times. “I am looking for clear descriptions of their specific concerns that could then be used to consider and propose ordinance language to mitigate any negative impacts and help achieve the greatest degree of compatibility.”

The issue came to the forefront early in 2021 when staff was approached by a local real estate agent seeking information about zoning requirements for such a facility. The agent apparently had an inquiry from a client, but at that time there was no proposal or plan brought forward.

Also, staff was working on zoning as it relates to hospital facilities within the town. The Fountain Hills Medical Center ER and walk-in clinic opened last spring and staff was addressing definitions related to hospital facilities within the Zoning Ordinance. Several residents raised concern at that time that a hospital definition may allow for detox and rehabilitation facilities where they would be inappropriate for the neighborhood.

Staff prepared a definition for a hospital that specifically did not allow for the detox and rehab uses. That definition was deemed appropriate by the Planning and Zoning Commission and the Town Council and was approved for the ordinance.

In the fall, P&Z Chairman Peter Gray asked staff to specifically address zoning requirements for detox and rehabilitation facilities. He described it as the “elephant in the room” that would be best addressed proactively. The request came following an opinion from the town attorney that the Town could not specifically prohibit such facilities based on federal Americans with Disabilities Act (ADA) regulations. Gray said he believes it is the best, most responsible approach to address the requirements without the added pressure of a specific proposal.

At the December P&Z session Gray had a number of questions and proposals he asked Wesley to look into as part of the zoning regulations.

“I want to protect what is well intended about these facilities and prevent bad actors from profiteering,” Gray said at that time.

Wesley said he wants to hear from the public early on to assist in writing the regulations.

“I know it is a sensitive issue that brings about a lot of emotion because we are dealing with people’s homes and neighborhoods. It is important that they feel safe there,” Wesley said. “Given that federal law and state statutes and rules have limited to a significant degree our ability to regulate these uses, the more I can understand specific land use concerns that are appropriate to address in a zoning ordinance, that do not discriminate a class of people but can be applied generally, the better I can work with the Commission to craft an ordinance to provide safeguards.”

The Commission meets Monday, Jan. 10, at 6 p.m. in council chambers at Town Hall.