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Commission recommends rezoning on Jeffreys Road despite neighborhood objections over covenants and parking
Summary
The planning commission on April 14 recommended rezoning a Jeffreys Road frontage parcel from C1B to C1 after staff said the site is surrounded by general commercial uses and that larger corridor development is anticipated; nearby residents opposed the change citing private covenants, potential parking garages and loss of trees, and counsel clarified zoning does not override private covenants.
Osage Beach’s Planning Commission voted April 14 to recommend approval of rezoning case 4-29, a request by PKM LLC and Ozark Capital Partners LLC to change a frontage parcel on Jeffreys Road from C1B (commercial lodging) to C1 (general commercial).
Staff told commissioners the frontage parcel is effectively surrounded by C1 general commercial properties and that Jeffreys Road is slated for upgrades tied to area development. City staff also referenced a corridor study and a $1,000,000 contribution from an Oasis developer toward future Jeffreys Road reconstruction and sidewalks.
Applicant representative Chris Kirschner said the rezoning would allow flexibility for commercial uses; he said there is no immediate development plan for the rezoned portion but it would be marketed for restaurant or other commercial opportunities.
Several neighbors opposed rezoning in public comment. Kirk Crispin, who lives on Sun Circle adjacent to the parcel, said private covenants for Bennett (Marcy's) Subdivision prohibit for-profit businesses and raised concern about a proposed 300-space, paid parking lot shown in materials. Pam Nelson and Charlie Banti reiterated concerns about trees, drainage, property values and the prospect of a parking garage near their homes.
Legal counsel and staff repeatedly clarified that zoning and private covenants are separate: a zoning change does not eliminate a privately recorded covenant, and enforcement of covenants remains a civil matter between property owners. Counsel said the current C1B zoning already allows hotel uses and that a hotel could be permitted now if private covenants did not prevent it.
After discussion and public comment, the commission made a motion to recommend approval; the motion passed and the item will be forwarded to the board of aldermen for final action.
Commissioners acknowledged neighborhood concerns but emphasized that the rezoning reflects land-use patterns along the Jeffreys Road interchange and that privately held covenants remain enforceable by homeowners.
