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Aldermen adopt ordinances on zoning, development agreements and redevelopment district; CID and 353 plans draw split votes

3717385 · April 8, 2025
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Summary

The Ozark Board of Aldermen enacted several ordinances at second reading including zoning changes, a development agreement and redevelopment tools tied to the Ozark Marketplace project.

The Ozark Board of Aldermen enacted a slate of ordinances on second reading covering zoning, development and redevelopment tools. Outcomes included unanimous approvals for certain development agreements and closer votes on incentives tied to the Ozark Marketplace project.

Key final actions — votes at a glance:

- Bill 3645 (rezoning at 809 N. Ninth Street): Adopted as Ordinance 25-023 (vote: 6–0 in favor). Randall Whitman, community development director, said no public objections were received since the March presentation.

- Bill 3646 (development agreement for Ozark Marketplace with Missouri Commercial Development LLC): Adopted as Ordinance 25-024 (vote: 6–0 in favor). The agreement allows final platting concurrent with public improvements and issuance of building permits during development.

- Bill 3647 (establishing the Ozark Marketplace Community Improvement District): Adopted as Ordinance 25-025 (vote: 4–2 in favor). The CID would impose a 1% additional retail sales tax within the district and a special assessment on real property to help repay public improvement costs proposed by the developer.

- Bill 3648 (Chapter 353 redevelopment plan and blight finding for Ozark Marketplace): Adopted as Ordinance 25-026 (vote: 4–2 in favor). The ordinance declares the redevelopment area blighted under Missouri’s statutory definition and approves the redevelopment plan and a redevelopment agreement. The decision followed a public hearing that featured developer presentations, a tax-impact analysis and questions from several aldermen and representatives of the Ozarks Special Road District, which registered opposition.

- Bill 3649 (intergovernmental participation in the HIDTA task force via Missouri State Highway Patrol): Adopted as Ordinance 25-027 (vote: 6–0 in favor). Chief of Police described the city’s long-standing participation and the advantages of the task-force approach.

- Bill 3650 (vacation of unimproved right-of-way known as Estes Court): Adopted as Ordinance 25-028 (vote: 6–0 in favor). No protests were recorded from utilities or adjacent property owners.

Nut graf: The most contested measures were the CID and Chapter 353 redevelopment plan associated with the Ozark Marketplace project. Supporters argued the incentives and the CID financing will enable the developer to build a retail development that otherwise would not proceed; opponents, including a representative from the Ozarks Special Road District, questioned the blight designation and urged more study of infrastructure needs and tax impacts.

During the public hearing on the 353 redevelopment plan, Sarah Grimeth of Gilmore & Bell and legal counsel and Brian Ingle (developer counsel) explained how the CID and 353 incentives work together and displayed a tax-impact analysis prepared by Starrett Urban LLC. Patrick Starrett, who prepared the blight study and tax-impact analysis, told aldermen the property met the state statutory criteria for blight because of poor drainage, infrastructure gaps and the high cost of making the site ready for commercial development.

Opponents: Chris Summers, speaking on behalf of the Ozarks Special Road District, said the district “is opposed to the tax abatement and the blight study on the Ozark Marketplace” and urged more study of public infrastructure needs. Aldermen asked multiple questions about the timing of sales-tax collections, the effect on school-district receipts, the developer’s “but-for” certification that the project would not be built without incentives, and whether taxing jurisdictions had adequate information.

Ending: The CID and 353 redevelopment ordinances were enacted 4–2 after debate and a public hearing; staff and the developer will proceed with the next steps (cooperative agreements and detailed implementation documents) and will return to the aldermen for future approvals tied to incentive mechanics and any cooperative agreements.