The Planning and Zoning Commission hosted a public discussion to receive input on possible zoning regulations related to facilities for substance abuse detoxification and rehabilitation as well as sober living homes. Dozens turned out for the meeting on Jan. 10, with 12 speaking directly to the commission and others submitting written comments via email.

While Development Services Director John Wesley updated the commission on some of the technical research he has been doing in preparing a draft for regulations, the meeting was essentially an opportunity for members of the public to provide their comments.

The first speaker for the evening was Gary McBride, and he proposed the commission establish a separate committee to review the information on the subject and make recommendations. McBride suggested the committee contact other communities who have a history of dealing with the situation, such a Prescott.

“Contact where the best practices exist, get clear definitions of all types, obtain guidelines on how to vet (permit applicants),” McBride said.

He also suggested obtaining guidance in complaint management and legal processes.

McBride’s idea received some general support, Commissioner Susan Dempster said she supported the concept of a focus group, saying they wanted to get this right when it comes to writing the regulations.

However, others in the audience who have been watching the commission’s steps on the issue since last fall expressed some impatience and urged the commission to move as quickly as possible.

Larry Meyers had a report he said was legal research from an expert.

“We don’t want to take another year with this,” Meyer said. “This (report) is everything allowed by law, let’s begin right now to fix how we control these facilities.

“We know what we can do by law, we know what we can’t do by law. Let’s get rolling, let’s end this situation.”

Liz Gildersleeve outlined what she hoped to see in town regulations. That includes requiring sober living homes to pay more than a $50 business license fee; provide for details on employees and how the facilities are maintained; allow police to enter common areas; the business owner should maintain their personal residence on site; limit the number of residents and outline enforcement and penalties.

Gildersleeve said it should be clear the Town will protect residents of the neighborhood as well as the vulnerable people living there.

Crystal Cavanaugh presented what she sees as the big-picture issue. She noted it appears out-of-state interests are purchasing large homes in Fountain Hills and leasing them to agencies as sober homes with no more interest than the financial assistance they receive from the government. She said this is a system that does not serve the interests of the neighborhood nor those who are trying to recover.

Commission Chairman Peter Gray reiterated the goals he had outlined at previous sessions. Gray said he agrees that the owner of a sober home should maintain their primary residence at the house.

“This honors the integrity of the zoning and adjacent stakeholders,” Gray said.

He also suggested a process for requiring a residential use permit, and he wants a system that has the tenants sign a lease directly with the property owner rather than having third parties involved.

Gray also wants to address the potential of having someone who is required to be on a criminal registry, such as sex offenders, move into the identity protection of a sober living home without the knowledge of surrounding neighbors. He would also like to see non-primary homeowners prevented from calling the business “home based.”

Gray said he wants an ordinance the town can stand behind from a legal point of view, and said he is willing to accept any challenge.

At a meeting with The Times subsequent to the commission session, Wesley said there are 11 “group homes” registered with the Town of Fountain Hills. Four of those would be described as sober living homes and the remaining seven are assisted living or elder care residences. Wesley said the federal government treats all group homes the same under the law, no matter the use.

The four sober living homes are operated by Fountain Hills Recovery (2) and Springboard Recovery (2). Wesley would not disclose the locations of the group homes, although based on comments from the public, at least some of the sober living homes would appear to be in an area around Nicklaus Drive and Trevino Drive.

In Fountain Hills group homes are required to have a business license and be registered for its use. They also have a life safety inspection prior to opening. There are no routine follow-up inspections by the Town.

Complaints are forwarded to the appropriate state agency with jurisdiction. Wesley said one recent investigation found a residence in question was not certified for the use and appropriate action was taken.

The subject regarding detox and sober living operations (separate uses requiring separate regulation) will likely be back on the commission agenda for its Feb. 14 session. It is unclear whether there will be a proposed ordinance ready for consideration at that time.