HomeMy WebLinkAbout20093318.tiffSection 15-5. Election Required Regarding Siting of Correctional or Detention Facilities.
Effective as of the date of adoption by the electors of Weld County of this Article XV, Section
15-5, no Certificate of Occupancy shall be issued by Weld County, or any department, employee
or agent thereof, for the occupancy or operation of any building or other structure which will be
occupied, used or operated as, and no person, corporation or entity shall occupy, use or operate
any building or structure as a correctional facility, pre -parole facility, jail, prison or other place
of incarceration, whether or not said building or structure is privately owned and/or operated, or
is owned and/or operated by Weld County or, to the extent permitted by law, the State of
Colorado, unless and until the location and siting thereof has been approved by a majority of the
registered electors of Weld County voting at a regular or special election held on the question of
said location and siting. This Section 15-5 is adopted in order to implement the provision of CRS
Section 17-2-401(d) relating to the authority of Weld County to maintain zoning and siting
control over correctional facilities within the County, and this Section 15-5 shall survive any
amendment or repeal of said Section 17-2-401(d), CRS.
The provisions of this Section 15-5 shall be self-executing, shall take effect immediately upon
adoption by the electors of Weld County, Colorado, and shall be applicable to any structure,
building or facility which is not on the date of such adoption by the electors, occupied and in use
as a detention facility, correctional facility, pre -parole facility, jail, prison or place of
incarceration pursuant to a certificate of occupancy lawfully issued by Weld County. Colorado.
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Add D.15 CORRECTIONAL FACILITY
KLI1IJVJ lt/NOID32i2iOJ 9va PPV
Memorandum
TO: Planning Commissioners
DATE: October 6, 2009
FROM: Brad Mueller
Department of Planning Services
RE: Ordinance 2009-8, Addendum to the Spring
2009 Code Changes
CC: Bruce Barker; Planning Staff
The Planning Commission previously considered and made recommendation on a full set of
Code changes that were proposed by staff as part of its practice of recommending various Code
changes twice a year. The Planning Commission heard the initial set of changes on June 2 and
July 7 and recommended approval to the Board of County Commissioners.
The Board of County Commissioners subsequently approved the set of proposed changes, with
minor modifications at a First Reading (August 17) and Second Reading (September 9).
Prior to the scheduled Third Reading, questions have come up concerning two land uses that are
not addressed — or are vaguely addressed — the Weld County Code. The Board of County
Commissioners has continued the Third Reading to October 12 so that the Planning Commission
may consider further amendments to the Code.
Code changes are being proposed for the following two land uses:
• Medical marijuana dispensaries — Medical marijuana was approved by Colorado voters in
2000, but local governments have control over zoning decisions on where the
dispensaries can open. Currently, more than 9,000 people are registered in Colorado to
use medical marijuana with a doctor's recommendation. The total is expected to rise to
15,000 by year's end, according to the state health department. Local jurisdictions are
handling the increase in this type of land use in a variety of ways. Some Colorado
municipalities — most recently, Superior and Broomfield — have decided to deny
business licenses to medical marijuana dispensaries, on the grounds that federal law
prohibits marijuana's sale and distribution. Other Colorado cities and towns — including
Longmont — are not targeting dispensaries with special new restrictions, as long as they
get local business permits and their locations comply with zoning codes.
Staff anticipates at least some requests in the coming year to site medical marijuana
dispensaries in unincorporated Weld County and therefore recommends some specific
accommodation in the zoning code. Due to the commercial nature of the land use, the
C-3 (Business Commercial) Zone District is an appropriate district in which to permit this
use; C-3 zoning is intended for activities that are larger than the neighborhood or local
market, and which benefit the general public or require high traffic volumes for generating
business. Furthermore, the use is proposed in the Special Use category, to allow for
standards that would mitigate such more intensive land use impacts associated with
traffic, neighboring uses (i.e., compatibility), and the general welfare.
Planning Commission Memo: Code changes addendum 10.6.09
• Correctional facilities. Revisions to the zoning code were made two years ago to
accommodate Group Home Facilities, Residential Therapeutic Centers, and Foster Care
Homes. At the same time that these different land uses were distinguished, care was
taken to ensure that correctional facilities were not included in any of these uses. At this
time it is appropriate to add correctional facilities to the Code, to accommodate them
explicitly in areas of the County. Staff proposes their inclusion in the Agricultural and
Industrial zone districts as a Use by Special Review.
The County Charter requires that correctional facilities only be issued building permits
upon the successful vote of a majority of County citizens. Although this has an obvious
impact on locating correctional facilities in the County, it does not have a direct
relationship to the zoning code and so it is not referred to in the proposed language.
Proposed Text Changes
Text to be added or changed is highlighted. Text to be omitted is stricken through.
Amend Section 23-1-90. Definitions.
(Staff Comment: Proposed language adds definitions for the two land uses, as well as specifying that
medical marijuana distribution cannot be associated with a home or home -based land use.)
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this
Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall
have the meanings stated in this Section:
CORRECTIONAL FACILITY: Facilities for the judicially -required detention or incarceration of
people, where inmates and detainees are under 24 -hour supervision by professionals ("lock down"),
except when on approved leave. If the use otherwise complies with this definition, a correctional
facility may include, by way of illustration, a pre -parole facility, jail, prison or other place of
incarceration.
HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the
FAMILY residing on the property, where:
a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE
and principally carried on by the FAMILY resident therein.
b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change
the character thereof.
Ordinarily, a A HOME BUSINESS shall not be interpreted to include the following: clinic, HOSPITAL,
nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, MEDICAL MARIJUANA
DISPENSARY, mortuary and organized classes where more than six (6) persons meet together for
instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL).
HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the
resident therein, where:
a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT and carried on by the
residents thereof and no others.
Planning Commission Memo: Code changes addendum 10.6.09 2
b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes
and shall not change the character thereof.
c. The total area USED inside the DWELLING UNIT for such purposes does not exceed three
hundred (300) square feet.
d. There is no advertising or other indication of the HOME OCCUPATION on the LOT or any
STRUCTURE located on or ADJACENT to the LOT, with the exception that one (1) nameplate shall be
allowed which may display the name of the occupant and/or the name of the HOME OCCUPATION
where such nameplate does not exceed one (1) square foot in area, shall be nonilluminated and attached
flat to the main STRUCTURE or visible through a window.
e. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to
the operation of such HOME OCCUPATION nor of any highly explosive or combustible materials.
f. There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or
other hazard or nuisance noticeable off the LOT.
g. If a commercial vehicle is associated with the home occupation, refer to Section 23-3-30 M of this
Chapter.
Ordinarily, a A HOME OCCUPATION shall not be interpreted to include the following: clinic,
HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, MEDICAL
MARIJUANA DISPENSARY, mortuary, vehicle or boat repair (including painting), and organized
classes where more than six (6) persons meet together for instruction on a regular basis (does not
include classes sponsored by a PUBLIC SCHOOL).
MEDICAL MARIJUANA DISPENSARY: Means and includes the USE of any property or
STRUCTURE to distribute, transmit, give, dispense, or otherwise provide marijuana in any manner in
accordance with Section 14, of Article XVIII of the Colorado Constitution.
Amend Section 23-3-40. Uses by special review.
(Staff Comment: Adds Correctional Facilities within the A Zone District as a USR)
A - P. Changes per drafted Ordinance 2009-8.
Q.
23
sixty (60) trips per day to and from the property. CORRECTIONAL FACILITY.
R— DD. Changes per drafted Ordinance 2009-8.
Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District.
(Staff Comment: Adds Correctional Facilities and Medical Marijuana Dispensaries within the C-3
Zone District as USRs.)
A. Intent. The purpose of the C-3 Zone District is to establish and preserve areas for activities
which provide goods or services for the benefit of the general public or which require large
amounts of space or high traffic volumes for generating business. The C-3 Zone District shall be
located, designed and operated in a manner that minimizes the undesirable impacts on the area in
which they are located.
B - C. Changes per drafted Ordinance 2009-8.
Planning Commission Memo: Code changes addendum 10.6.09 3
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in
accordance with the requirements of Article II, Division 4 of this Chapter.
1. Microwave, COMMERCIAL radio, television or other communication transmission or relay
towers over seventy (70) feet in height (measured from ground level). Commercial towers subject
to the provisions of Section 23-4-800.
2. USES listed as Uses Allowed by Right in the I-1 Industrial Zone District, provided that the
USE is ENCLOSED and SCREENED and that the Commercial Zone District performance
standards contained in Section 23-3-250 below, are met prior to construction and during operation.
3. OIL AND GAS PRODUCTION FACILITIES.
4. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
5. COMMERCIAL JUNKYARD or salvage YARD.
6. RESEARCH LABORATORY.
7. CEMETERY.
8. RESIDENTIAL THERAPEUTIC CENTER.
9. WIND GENERATOR(S) requiring the issuance of Use -by -Special Review Permit, as per
Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 12, of this Code.
10. MEDICAL MARIJUANA DISPENSARY, except no such use shall be allowed in the A
(Agricultural) Zone District.
Amend Section 23-3-310. I-1 (Industrial) Zone District.
(Staff Comment: Adds Correctional Facilities within the I-1 Zone District as a USR)
A. Intent. The purpose of the I-1 Zone District is to provide a zone to accommodate industrial
USES which create minimal negative visual impacts.
B — C. Changes per drafted Ordinance 2009-8.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied or maintained in the I-1 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
1 - 8. No change.
9. CORRECTIONAL FACILITY.
Planning Commission Memo: Code changes addendum 10.6.09 4
Amend Section 23-3-320. I-2 (Industrial) Zone District.
(Staff Comment: Adds Correctional Facilities within the 1-2 Zone District as a USR.)
A. Intent. The purpose of the I-2 Zone District is to provide a zone to accommodate industrial
USES which cannot conform to the stringent visual impact requirements of the 1-1 Zone District and
which do not want to be subjected to the potential adverse visual impacts permitted in the 1-3 Zone
District. The intent is to permit industries which may create moderate visual impacts.
B — C. Changes per drafted Ordinance 2009-8.
D. Uses by Special Review.
1 — 13. No change.
14. COMMERCIAL SCHOOLS.
drafted Ordinance 2009-8.]
[Editor's Note: This item was previously included per
15. CORRECTIONAL FACILITY.
Amend Section 23-3-330. I-3 (Industrial) Zone District.
(Staff Comment: Adds Correctional Facilities within the 1-3 Zone District as a USR.)
A. Intent. The purpose of the 1-3 Zone District is to provide a zone to accommodate industrial
USES which may create adverse visual impacts for ADJACENT USES. As a result, such uses may
required locations relatively isolated from other land USE types.
B — C. Changes per drafted Ordinance 2009-8.
D. Uses by Special Review.
1 —14. No change.
15. COMMERCIAL SCHOOLS.
drafted Ordinance 2009-8.]
[Editor's Note: This item was previously included per
16. CORRECTIONAL FACILITY.
Planning Commission Memo: Code changes addendum 10.6.09 5
Esther Gesick
From:
Sent:
To:
Subject:
Bruce Barker
Monday, October 12, 2009 9:13 AM
Esther Gesick; Brad Mueller
RE: code question
No real distinction between the 2. Best to refer to USR so can be consistent throughout.
Original Message
From: Esther Gesick
Sent: Monday, October 12, 2009 9:09 AM
To: Brad Mueller
Cc: Bruce Barker
Subject: RE: code question
It seemed to make sense for consistency purposes. If I understand correctly, they used to be
called SUP's, but now they are USR's and there is no such case designation as an SUP on plats
anymore. That's just a clerical viewpoint, so I'll leave it to you and Bruce to decide when
presenting to the Board.
Thanks!
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
From: Brad Mueller
Sent: Monday, October 12, 2009 8:46 AM
To: Esther Gesick
Subject: code question
Do you know why the term "Special Use Permit" was changed throughout Section 23-2-290 (page 9
of the Reso)?
1
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The use is called a Use by Special Review, but the permit itself it called a Special Use
Permit (see Section 23-2-200.C & 23-2-280.6, for example).
If you don't have any objections, I'll ask the Board to make that change. Thanks --
2
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