Following a half-hour break to consult with Town Attorney Aaron Arnson in executive session the Town Council voted to approve an ordinance outlining regulations for detoxification and rehabilitation facilities in Fountain Hills.

The council voted 5-2 to pass the ordinance, making a couple of minor amendments following the legal consultation. Mayor Ginny Dickey and Vice Mayor Peggy McMahon were the dissenting votes.

The first public speaker to talk to the council was Heather Dukes, an attorney representing Fountain Hills Recovery, an outpatient rehab facility in Fountain Hills.

Dukes discussed concerns over the proposed ordinance to follow up on material she had previously sent to the council.

She said the ordinance is discriminatory, is contrary to the Town’s General Plan and has language that is vague.

Dukes pointed out that zoning requirements for hospitals, medical services and treatment centers have no restrictions other than commercial zoning districts (C-2 and C-3). However, she noted that the detox facility requires a special use permit certificate of liability insurance, market analysis and a discharge policy geared toward departure from Town as well as the separation standards of up to 2,000 feet. She states that federal courts have struck down 500-foot separation standards and population based standards.

When the standards are included in facilities providing services to disabled, the restrictions are discriminatory, Dukes said.

She also cited the staff report indicating only five lots within a specific area would be permissible and when coupled with the separation, only one facility could be permitted.

Liz Gildersleeve was a member of the audience to speak. She has been active in following the process since the discussion started. She urged the council to approve the ordinance as recommended by the Planning and Zoning Commission, saying the ordinance was well researched and written to protect the Town and Fountain Hills residents.

Gildersleeve noted that the regulations do not ban anything but provide guidelines for the land use requirements.

In early 2021 the council directed staff to begin working on regulations that address detoxification and rehabilitation facilities as well as community residences that act as sober living homes. The initial work was done related to the sober living homes and that ordinance was passed in 2022. Last March staff began work on the detoxification and rehabilitation requirements with the Planning and Zoning Commission starting its review in September. The commission approved its recommendation in January.

The ordinance presented to the council allows for substance abuse or addiction treatment center by right in the C-2 and C-3 zoning districts with a separation of 2,000 feet between like facilities. One such facility currently operates at Saguaro Boulevard and Avenue of the Fountains (Fountain Hills Recovery).

Development Services Director John Wesley said additional potential locations would be in the Town Center/Commerce Center area, Saguaro Boulevard and Shea Boulevard corridors.

The ordinance set up a special use permit (SUP) criteria for outpatient facilities in C-2 and C-3. Detoxification and inpatient and substance abuse and addiction treatment centers with lodging permitted would be allowed in C-3 zoning with the SUP criteria.

The criteria includes that the Town be provided with a copy of a state license, the facility provide indoor activity and waiting space, a contact for citizen complaints, a designated smoking area, including vaping as far from residential uses as possible.

A proposed insurance requirement including the Town as an additional insured and waiver of subrogation was removed from the ordinance as an amendment by the council. That amendment was approved on a 5-2 vote.

The ordinance also includes a market analysis showing an ongoing need for the services by Town residents, separation distances of 2,000 feet from similar uses, 1,000 feet from a church, library, park, trail, school, pre-school, daycare, and 500 feet from a residential zoning district or use.

The ordinance also includes a discharge policy requiring the operator to provide transportation to those being discharged to their point of origin.

Councilwoman Sharron Grzybowski asked that this provision be amended to simply require that transportation be provided without specifying where they were to be taken. Her proposed amendment was defeated on a 4-3 vote.