Proposed zoning ordinance amendment called "racist"

Proposed zoning ordinance amendment called "racist"

Gulley

An amendment to the county's zoning ordinance recommended for approval to the board of supervisors is alleged to be "racist" and illegal, according to the nonprofit organization Housing Opportunities Made Equal (HOME). Mike Burnette, communications manager for HOME, made that allegation in arguing against the amendment last week before the Chesterfield Planning Commission.

Burnette told the commission HOME "was completely opposed" to the amendment because it "targeted Hispanics" and "runs the risk of violating the law."

The amendment limits the number of adults (ages 22 and older) that can live in a singlefamily home based on the square footage of the house and size of each bedroom. For example, no more than four adults could live in a house with 901-1,200 square feet. No more than two persons (including children) could occupy a 100-square-foot bedroom.

The amendment also limits the number of adults to four who may live in a house unless they are related by blood, marriage, adoption or guardianship plus any domestic servants and foster children. The staff report acknowledges "the challenge of proving or disproving the relatedness of adults occupying a dwelling." The Virginia counties of Loudoun and Caroline and the town of Herndon have similar ordinances.

Hassen

The amendment was recommended on a vote of 3-2 with commissioners Russ Gulley, Wayne Bass and Reuben Waller favoring while commissioners Bill Brown and Sam Hassen opposed.

Gulley objected to the racist charge, saying he "was upset that it has turned into an immigration issue. You should expect the county to protect your investment in a singlefamily house. This is a safety issue."

Immigration has dropped off the radar as an issue in the county since four new members joined the board of supervisors 18 months ago. Chesterfield's drive to address illegal immigration was prompted by former Supervisor Kelly Miller, who was not reelected.

"This [amendment] doesn't target any group," agreed Hassen. But he questioned if it could be enforced, calling it "an overreaction."

"It won't be any easier to enforce than what we have now," said Brown, adding that he is concerned about "unintended consequences."

The issue surfaced last year when the Surreywood neighborhood association complained to Clover Hill Supervisor Art Warren about the number of people living in one of the homes there. The residents of that home have since moved out. The zoning department determined that the Surreywood residents met the current standard because the occupants said they were part of the same Hispanic family.

Since then, the County Attorney's Office and officials in the zoning, planning and building inspections departments have been discussing ways to control how many people can live in a single-family dwelling. Code Compliance Supervisor Ted Barclay has said there isn't a way to prevent people from converting other rooms in a house into bedrooms unless the only entrance into a bedroom is through another bedroom. Sometimes high-occupancy residences have other issues, such as inadequate maintenance, so the building inspections department can get involved.

Jill Trout, president of the Surreywood association, called the amendment "a step in the right direction." She wants the county to "continue to look at the definition of single family." She recommended requiring a special use permit for unrelated persons living in single-family dwellings.

Wind energy

The commission unanimously recommended allowing windmills on lots of five acres or more on residential, conservation and agriculturally zoned land. The amendment allows only one tower per lot with a height limit of 50 feet for residential properties and 150 feet for agriculturally zoned land. The noise level can't be louder than 50 decibels, and guide wires for the tower are prohibited.

Several residents have inquired about towers to save energy even though Chesterfield is rated as a "poor" area because the wind is not strong enough.

Fee holiday

The commission recommended Chesterfield significantly reduce planning fees for office, commercial and industrial uses through next June 30. The first $8,200 in fees would be reduced to $200 but not apply to variances, deferral and remand requests, appeals of development standards waivers and any incidental use of a home plus family daycare in homes. Only initial submissions and those in compliance with the comprehensive plan would be eligible.

The Chesterfield County Chamber of Commerce pushed the reduction, and its chairman, Neal Lappe, noted that Chesterfield's unemployment rate for the first time was higher than the state average.

"The holiday on fees is the best thing that has happened in Chesterfield in a long time," said Bob Schrum, who chairs the chamber's Government Relations Committee.

The vote was 4-1 with Waller dissenting. He said "it was ironic the board had increased proffers" on new homes by 5 percent last month, calling the fee holiday "half a loaf."

The county board is expected to approve the fee reduction. The Budget and Management Department estimates the county will lose $200,000-$250,000 in fees for FY10 and that the reduction could impact fee revenue beyond July 1, 2010.