CITY OF GRAND JUNCTION, COLORADO

Ordinance No. 3010

AMENDING SECTION 4-3-4 USE/ZONE MATRIX, SECTION 4-8-2 SPECIFIC CRITERIA MATRIX AND CHAPTER 12 DEFINITIONS OF THE ZONING AND DEVELOPMENT CODE OF THE CITY OF GRAND JUNCTION

COMMUNITY CORRECTIONS FACILITY

RECITALS:

 The Grand Junction Zoning and Development Code is outdated in its reference to facilities that provide rehabilitative services for criminal offenders. Such services are provided in communities under state administered programs, such as Community Corrections. The Zoning and Development Code is to be amended to delete the outdated definition, “Law Enforcement Rehabilitation Centers” and replace it with the new definition, “Community Corrections Facility.” The definition and operational characteristics of such facilities are defined in CRS 17-27-101 et. seq. Such uses will be allowed in B-1, B-3, C-1, C-2 and PZ zones with a Special Use Permit.

 Planning Commission recommended approval of the proposed text amendment at their April 1, 1997 hearing.

 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION:

 1. That Section 4-3-4 USE/ZONE MATRIX, RESIDENTIAL ZONE DISTRICTS be amended to delete the term “Law Enforcement Rehabilitation Center.”

 2. That Section 4-3-4 USE/ZONE MATRIX, NON-RESIDENTIAL ZONE DISTRICTS be amended to delete the term “Law Enforcement Rehabilitation Center.”

 3. That Section 4-3-4 USE/ZONE MATRIX, NON-RESIDENTIAL ZONE DISTRICTS be amended to add the term “Community Corrections Facility,” and allow these facilities with a Special Use Permit in the B-1, B-3, C-1, C-2 and PZ zones.

 4. That Section 4-8-2 SPECIFIC CRITERIA MATRIX be amended to replace “Rehabilitation Centers-Law Enforcement” with “Rehabilitation Center, Community Correction Facility.”

 5. That the following definition be added to Section 12 of the Grand Junction Zoning and Development Code:          

“COMMUNITY CORRECTIONS FACILITY

 1) A facility providing residential or non-residential services operated under the direction of a Community Corrections Program, as defined by 17-27-101, et. seq., C.R.S.; or

 2) A facility providing residential or non-residential services substantially similar to that described in 17-27-102(3), C.R.S., although not being administered pursuant to Title 17, Article 27, C.R.S., which is operated by a private individual, partnership, corporation or association.

 A Community Corrections Facility shall manage and supervise “offenders” in accordance with adopted standards and pursuant to a contract supervised and administered by an agency of the State of Colorado; such a facility is not required to be in direct privity of contract with the State so long as it is subject to the same, or equivalent, standards and rules applicable to a facility which is subject to 17-27-101, et seq., C.R.S. The applicant for a Community Corrections Facility which is not administered pursuant to Title 17 of Article 27, C.R.S. shall identify, and provide as required by the Administrator, the rules and contract under which such facility is regulated and administered.

 A Community Corrections Facility shall provide to the Administrator, upon request, evidence that the facility/program: is subject to ‘program audits’ by the State, or an agent of the State; and is operating and has been operated in compliance with all applicable standards.

 “Offenders” means, for the purposes of this definition, persons accused or convicted of a felony, misdemeanor or other criminal offense.

 6. That Section 12 of the Grand Junction Zoning and Development Code be amended to delete the term, “Law Enforcement Rehabilitation Center.”

 Introduced on first reading this 16th day of April, 1997.

 PASSED and ADOPTED on second reading this 21st day of May, 1997.

               /s/ Janet L. Terry      

               Mayor

ATTEST:

/s/ Theresa F. Martinez      

Deputy City Clerk