Agenda - Planning Commission - 01/04/2000

Home

Page 2 -- November 25, 1999 z.g. Special Exception -- Is a house for juvenile delinquents a criminal detention facility? PENNsYLvANIA (~ 0/20/99) ~ The county filed ~m ~pplication with the zon- ing hearing board of the city of Lancaster for a special exception to construct a facility to house up to 144 juvenile delinquents awaiting trial. The property was located in a "mixed use" zoning'district. The facili..ty Would be permitted as a special exception in a "mixed use" zoning districtif it fell within the defi- nition of a "government 'facility" but would not be permitted if the facility were characterized as a "criminal detention facility." .' A "criminal detention facility" was defined as one that is "used for the detainment of individuals who had been arrested and are awaiting court action and/or for the incarceration of individuals assigned prison terms by the courts." Criminal detention facilities are limited to areas zoned "detention facility." At a hearing on the special exceptiOn, the countY enginee/:'described the proposed facility and its compatibility with surrounding uses. He stated that the facility would consist of a I00,000 square-foot, one-story brick building containing 144 secured beds, 25. shelter beds, meeting rooms, educational ar- eas, indoor recreation facilities, a gymnasium, a chapel, a parking,area, and a walled courtyard. The facility would be compatible with surrounding proper- ties because it would resemble a school, it would r, ~t be surrounded by fences or gates, would have a buffer of vegetation to hide it from view, and would maintain large side yards that would preserve a wooded area near the neigh- boring river. The facility wou'ld also be at the fa~ end of a peninsula, far'away from a i:esidegtial area nearby. The county engineer also said the prop'osed facilitY would not be a criminal detention facility because, under state law, juveniles could neither be.charged with crimes nor be considered criminals. Rather, they are charged with~"delin- quent acts", and are considered "delinquent." Also, unlike criminal, detention facilities, the proposed facility would be licensed by the Department of Public Welfare and would be used to provide additional governmental services, such as educational programs, therapy, and shelter for juveniles who had not com- mired delinquent acts but required safety from abusive homes. Sunnyside Up Corporation objected, contending the proposed facility was not a permitted use because it was a criminal detention facility. It argued the facility would be used to detain individuals who had committed violent crimes and who were arrested and awaiting court action. Even if the proposed facility was a governmental facility instead of a criminal detention facility, it argued, a special exception should not be granted because the facility's presence would have an adverse impact on surrounding properties, including a loss of property values due to fear of escapes and an increase in crime in the neighborhood. The board found since juveniles could not be considered criminals under state law, the juvenile detention center was a governmental facility and a per- mitted use in the "mixed use" zoning district. The board granted the special