Planning commission recommends annexation but denies C-2 rezoning for proposed Bingham Barn venue after heavy neighborhood opposition

The Ozark City Planning & Zoning Commission on Oct. 27 voted to recommend annexation of a roughly 3.05-acre parcel at the southwest corner of East Country Crest Road and North 14th Avenue (petition 25-0008) but recommended denial of a separate request to rezone that same parcel from county A-1 to C-2 with a conditional overlay that would have allowed the owner to operate a private-event venue at the historic barn on the site.

Staff told the commission the parcel is in Tier 1 of the city—s urban service area, within 300 feet of city water and sewer, and therefore subject to the city—s annexation requirement for development. Randall Whitman summarized the proposed conditional overlay, which would have limited public events to private bookings, capped occupancy at 132 people, required about 33 parking spaces in a concept plan, mandated a 25-foot buffer yard and six-foot privacy fence along south and east property lines, and restricted amplified activity to set hours (Thursday 10 a.m.–9 p.m.; Friday/Saturday 10 a.m.–11 p.m.; Sunday 10 a.m.–9 p.m.). Whitman told commissioners site plans, stormwater and traffic analyses would be reviewed at the time of development.

Applicant Sunny Morris described purchasing the historic barn, restoring it and proposing private events and limited community access. "I've lived in the neighborhood since 2016...I always thought [the barn] was very unique and beautiful," Morris said, and she described preservation work and operational controls she would impose.

Neighbors provided an extended public-comment record opposing the rezoning. Ryan Moore, who said he and his wife had prepared a list of neighborhood concerns, summarized: "The keys key concerns I have: noise, traffic, safety, inadequate parking, devaluation of property, loss of character, inconsistency with our city planning and zoning, [and] risk of uncontrolled future commercial use." Other residents cited narrow roads (Fourteenth, Country Crest, Fieldstone), insufficient parking, pedestrian and school-bus safety, light and noise intrusion into homes, and uncertainty that contractual limits would be enforced. Several speakers suggested alternate outcomes, including park/trail use or residential development.

Commissioners questioned parking adequacy, where on-site parking requirements end and off-site improvements begin, whether conditional-overlay restrictions would run with the land, and the authority of the Ozark Special Road District over Country Crest and Fourteenth Street. Staff confirmed the overlay conditions would run with the land and that traffic and stormwater studies would accompany any future development application. Randall Whitman also noted sidewalks and a 10-foot trail would be required adjacent to the developer—s property if developed.

On the vote, the commission recommended annexation 25-0008 (roll call: Chad Zickefoos, Hadley Goldberg, Suzanne Daniel, Trevor Branch, Jeff Garrison, Pete Renfro recorded as ayes). On the separate rezoning motion, the commission recorded a majority of nays (Chad Zickefoos, Pete Renfro, Jeff Garrison, Hadley Goldberg and Suzanne Daniel voting no; Trevor Branch voting yes), and the motion to recommend the C-2 conditional overlay failed.

Next steps: Annexation and the rezoning petition will both be forwarded to the Board of Aldermen; aldermen will hold a public hearing on Nov. 17 and a second-reading vote is scheduled for Dec. 1. If aldermen later approve a rezoning, the city will require a full site plan review addressing parking, traffic mitigation and stormwater controls at the development stage.

Provenance: staff presentation and applicant remarks at 00:21:27–00:33:50; public comment block 00:38:55–01:57:10; zoning vote recorded at 02:08:13–02:09:55.