City Council tables debated rezoning request

The recently debated rezoning request to build two duplexes at Independence Circle in Kennett was delayed again by the Kennett City Council yesterday, until its next regular meeting on Tuesday, March 16.

According to the council, the city would like more time in between the request and the date it makes a decision on the matter, and would like to include input from the two councilmen who represent the neighborhood in question.

Councilmen Tracy Smith and Daryl Wheeler represent the people of Independence Circle, but were not present during Tuesday's council meeting. Kennett Mayor Roger Wheeler had previously indicated that the council will have to do some "serious deliberating" on the issue. The council will further review the request and plans to come to a conclusion by the next meeting, with Smith and Wheeler present.

The request, which was submitted by Kennett resident James Westbrook, found opposition from neighbors during last month's meeting.

Larry McMillin, of Independence Circle in Kennett, explained to the city council that he and other homeowners were present at the meeting to show opposition and disagreement concerning the rezoning request.

"I can't outline all the reasons that all the homeowners disagree with this, but me and my wife personally are building a $200,000 home and do not want duplex apartments built next to our home," McMillin said. "It will devalue the property."

He noted that the entire neighborhood was built in the 1930's and was designed as a residential area for families.

"When [we are] talking about duplex apartments, we are talking about temporary residence," McMillin said. "As much as we would like to see the neighborhood improve, allowing someone to rezone that little particular lot is giving all of us the right to find lots in that area and rezone them [for apartments]."

He added that he just wanted to inform the council that the homeowners were against the rezoning and believe it should "stay the way it is."

McMillin added, "I have no problem with improvement. Not long ago, the same developer [constructed] four new homes in the neighborhood. The homes sold and it helped the neighborhood, but they were homes not apartments."

Four additional homeowners from the area agreed with McMillin and confirmed to the council that they were against the rezoning.

Westbrook argued that McMillin specifically had no previous issue with rental property construction in the area.

He added that he believed he had enough parking places for the renters and met all of the city specifications.

Westbrook explained that the lot, at one time, had four homes and that two water meters and sewers were already present on the lot.

"I have talked to several of the other owners and I still own a house in that neighborhood," Westbrook said. "I do not feel like it is depreciating the neighborhood, or I wouldn't be doing it."

He added that he had previously built four houses in the neighborhood and they "really improved it."

"This will help it improve further," Westbrook said.

Following the comments made by both parties during that meeting, City Attorney Terry McVey explained to the homeowners opposing the request that a process existed where the individuals could sign a petition and make it more difficult for it to pass.

He added that 20 percent of the homeowners within 300 feet of the lot being discussed for rezoning would need to sign the petition within 10 days of the council meeting. If the 20 percent sign the petition then it would require two-thirds of the majority of the council to approve the rezoning for the request to pass, according to McVey.

He noted that with the petition it would take 7 votes to pass through the council, but without the petition it would only require six votes.

"That may not seem like a lot, one vote, but believe me it is," McVey said.

Mayor Wheeler explained to the Daily Democrat on Wednesday morning, that during Tuesday's meeting, those neighbors in opposition of the rezoning request did present the council with the petition McVey suggested they obtain. The petition, according to Wheeler, has more than enough signatures to meet the requirements set forth by the city, was presented within the designated time frame, and will remain on file until the next meeting when a decision will be made.

In other matters, the council voted to allocate up to $6,000 from the tourism fund to demolish two dilapidated structures within the city. The first, a structure at 203 St. Francis Street, and the second a residential home at 705, 7th Street. According to the city, the property owners will be charged for the expenses associated with the city's involvement through property taxes.

The city also approved the referral of a liquor license application from the Tobacco Shoppe in Kennett.

The next Kennett City Council meeting will be held at 7:30 p.m., Tuesday, March 16, 2010.