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Planning commission grants buffer-yard variances for 303 North Tenth Street redevelopment in floodway

3717386 · March 25, 2025
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Summary

The Ozark Planning & Zoning Commission approved a variance reducing the western buffer-yard width to a variable 5–15 feet and waiving the southern buffer-yard requirement in the regulatory floodway for a proposed redevelopment at 303 North Tenth Street.

The Ozark Planning & Zoning Commission approved a variance for landscaping and buffer-yard requirements at 303 North Tenth Street during its March meeting, including a reduction of buffer-yard A along the western property line to a variable 5-to-15-foot width and a waiver of the southern buffer-yard requirement where the site lies in the regulatory floodway.

Staff said the applicant provided an alternative landscaping plan and that the request is allowable under the city code’s alternative landscape provisions (buffer/landscape code referenced in materials). Megan, planning staff, explained the western and southern portions of the site are constrained by utility corridors and floodway limits and recommended approval of the variance. She said the request was considered in light of site limitations and preservation of mature vegetation.

The property is a primarily multifamily proposal located adjacent to a nursing facility to the west, a school district property to the north and the Finley River and the Greenway Trail to the south. Staff described the code’s standard buffer-yard requirements: buffer-yard A requires a 15-foot width with, typically, one canopy tree, one understory tree and six shrubs per 100 feet; buffer-yard B requires a 25-foot width with two canopy trees, two understory trees, two evergreen trees, 15 shrubs per 100 feet and a six-foot fence. The applicant’s landscaping plan showed counts of trees and shrubs that exceed the code totals overall but place many plantings outside the strict setback lines because of gas-line easements, overhead utilities and the floodway.

The applicant’s representative said the site is “a very tight site” and that engineering, utilities and the regulatory floodway require flexibility in where landscaping can be placed. The applicant noted the design retains significant, mature trees along the western boundary and increases plantings in other visible locations; the southern buffer is inside the floodway and staff said floodplain rules limit planting and grading there.

Commissioners asked several technical questions, including whether the requested variable width was 5 to 15 feet or 8 to 15 feet; the record was clarified on the floor to reflect a request for 5 to 15 feet. Commissioners also questioned parking layout and street-turnaround provisions; public works had worked with the developer on on-street circulation and a proposed turnaround from a parcel the school district is transferring for that purpose.

The commission approved the variance by roll-call vote; commissioners Lacey Colbert, Chad Zickefoos, Trevor Branch, Adam Brown, Jeff Garrison and Suzanne Daniel recorded ayes; Kayla Berger and Hadley Goldberg (absent) were not recorded. The motion was made based on staff recommendation and the alternative landscaping plan submitted by the applicant.

Staff and the applicant noted additional approvals remain outstanding: floodplain permits and final engineering reviews. Megan said floodplain approvals are pending and could require adjustments to the landscaping plan. Commissioners and the applicant discussed preserving existing large trees and adding new native canopy and understory plantings where feasible.

Commissioner Trevor Branch commented, “I appreciate the efforts to maintain and and retain a lot of the, these established forest in that area,” noting the Greenway Trail and existing trees between the trail and the proposed development. The commission’s action allows the applicant to proceed to site-plan and building-permit steps subject to standard engineering, floodplain and public-works review.