Agenda

NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS PLANNING AND ZONING COMMISSION

Chairman Peter Gray

Vice Chairman Scott Schlossberg
Commissioner Jessie Brunswig
Commissioner Clayton Corey

Commissioner Susan Dempster
Commissioner Dan Kovacevic
Commissioner Roderick Watts, Jr.

TIME:	6:00 P.M. – REGULAR MEETING
WHEN:	MONDAY, JANUARY 10, 2022
WHERE:	FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ

Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s Council, various Commission, Committee or Board members may be in attendance at the Commission meeting.

Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.

REQUEST TO COMMENT

The public is welcome to participate in Commission meetings.

TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Executive Assistant prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Commission. Verbal comments should be directed through the Presiding Officer and not to individual Commissioners.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Executive Assistant prior to discussion, if possible.

REGULAR MEETING


1.	CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE – Chairman Gray

2.	ROLL CALL – Chairman Gray

3.	CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Commission, and (ii) is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual commissioners may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Commission agenda.

4.	CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission December 13, 2021.	APPROVED

5.	Definitions related to detoxification uses and sober living homes	DISCUSSION ONLY

6.	COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.

7.	SUMMARY OF COMMISSION REQUESTS from Development Services Director.

8.	REPORT from Development Services Director.

9.	ADJOURNMENT

CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Planning and Zoning Commission with the Town Clerk. Dated this ______ day of ____________________, 2022. _____________________________________________ Paula Woodward, Executive Assistant
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are available for review in the Development Services' Office.

ITEM 5.

TOWN OF FOUNTAIN HILLS

STAFF REPORT

Meeting Date: 01/10/2022	Meeting Type: Planning and Zoning Commission
Agenda Type:	Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director

Request to Planning and Zoning Commission (Agenda Language): Definitions related to detoxification uses and sober living homes

Staff Summary (Background)
At the January 10, 2022, Planning and Zoning Commission meeting the public will be given the opportunity to provide the Commission and staff with their thoughts, concerns, and suggestions regarding potential amendment(s) to the Town's zoning ordinance as it pertains to detoxification uses and sober living homes. There have been a number of discussions regarding these topics over the last year. In many cases the comments and ideas expressed have blended some of these uses and activities. In order to help everyone speak clearly and understand the topics, staff is providing the following definitions. Some of these are from our zoning ordinance, others are as the term is commonly used in land use documents or other professional material. The sole purpose of these definitions is to help facilitate clear and accurate discussion on at the January 10th Commission meeting. While it may be necessary at some point in the adoption of new regulations to amend existing definitions in the ordinance, or add new definitions to help address the topics, it is not the intent of the definitions provided here at this time. Definitions in standard font are current definitions in our zoning ordinance. Definitions in Italics are ones that have been added for use at this meeting. Any commentary or discussion about a definition is provided in (brackets) following the definition. Assisted Living: A residential living environment for seniors or people with disabilities who require help with some of the routines of daily living as well as access to medical care when needed. (Assisted living can take place in a group home environment for places with 10 or fewer residents or in facilities for places with 11 or more residents.) Clinic: A place for the provision of group medical services, not involving overnight housing of patients. (While the land uses listed in Chapter 12 never specifically list "clinics", medical services and uses are allowed in all commercial zoning districts, C-O to C-3.) Detoxification: The process of clearing the body of drugs or alcohol. Drug and Alcohol Detoxification Facilities: Facilities engaged in either inpatient or outpatient treatment and care of individuals going through withdrawal and detoxification from drugs or alcohol. The facilities can provide either, or both, acute, inpatient services, or sub-acute, outpatient services. Dwelling, Single-Family: A detached building...designed exclusively for occupancy by or occupied by one (1) family for residential purposes. Group Home for the Handicapped and Adult Care: A dwelling shared by handicapped and/or elderly people as their primary residence and their resident staff, who live together as a single housekeeping unit, sharing responsibilities, meals, and recreation. The staff provides care for the residents. A Group Home for the Handicapped and Adult Care does not include nursing homes, alcohol or other drug treatment centers, community correction facilities, shelter care facilities, or homes for the developmentally disabled as regulated by the Arizona Revised Statutes Section 36-582. (Includes a wide variety of types of homes but the most common type is elderly assisted living homes; also covers sober living homes. Based on a recent review of approved group homes and business licenses, there are nine assisted living group homes and four sober living group homes in Fountain Hills. These homes have between 5 and 10 residents.) Home Occupation: Any occupation or profession which is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which does not change the character thereof, and in connection with which there are no employees other than members of the immediate family residing in the dwelling. A home occupation may not generate traffic as a result of patronage and/or shipping and receiving of materials beyond five (5) trips a day. Shipping and receiving shall only be by a vehicle customarily used for residential purposes. Family: An individual, or two (2) or more persons related by blood or marriage, or a group of persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit. Handicapped: A person who: (a) has a physical or mental impairment which substantially limits one or more of such person's major life's activities so that such person is incapable of living independently; (b) has a record of having such an impairment; or (c) is regarded as having such an impairment. However, "handicapped" does not include current, illegal use of or addiction to a controlled substance as defined in the Controlled Substance Act (21 United States Code 802). Partial Hospitalization: A type of program used to treat mental illness and substance abuse. In partial hospitalization, the patient continues to reside at home, but commutes to a treatment center up to seven days a week. Partial hospitalization focuses on the overall treatment of the individual and is intended to avert or reduce in-patient care. (Note: A person could live at home or in a group home and participate in a partial hospitalization program. The treatment programs take place at a medical facility away from the home.) Shelter Care: Short term residential care facilities providing lodging on a temporary basis, meals and counseling to individuals and groups such as, but not limited to, the homeless, pregnant teenagers, victims of domestic violence, neglected children, and runaways. (Defined in the ordinance but not used anywhere in the ordinance.) Sober Living Home. A type of group home, licensed by the State, for individuals who have completed, or are in the process of completing a drug or alcohol rehabilitation program and seek to live in a supportive, safe, family-like setting in which some services and assistance may be provided to help continue the rehabilitation process. Treatment Center: Facilities providing lodging and meals and, primarily, treatment, training or education as a part of an alcoholism or drug addiction program. (Defined in the zoning ordinance but not listed as a use in any zoning district.)
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
The definitions provided above are intended to help facilitate discussion by providing a common vocabulary for use of words and terms related to detoxification and sober living homes. No recommendations are being made.
SUGGESTED MOTION
This is just a discussion item, no motions will be made or action taken.

Attachments
PowerPoint - Definitions