Johnson County city nixed controversial housing project. Now the developer is suing
Dozens of neighbors won a battle at City Hall last month when the Shawnee City Council rejected a $50 million housing development they worried would overcrowd the area.
But now they risk losing the fight in court.
Johnson County development company Austin Properties is suing the city of Shawnee for denying its application to build apartments and homes on 30 acres along Woodsonia Drive, off Johnson Drive east of Kansas 7 highway. Plans included 14 triplexes with 42 townhomes, plus 16 multistory buildings with 380 apartments.
After neighbors packed the Council chambers to protest, the City Council rejected the rezoning request and preliminary plans. Some officials agreed with residents who claimed the development would be so dense it would lead to traffic congestion and crowded schools.
But some City Council members fought back, arguing Shawnee will not grow and attract more businesses without more residents and traffic. The project failed with a 4-4 vote.
“Look at what Lenexa has done. They’ve got density. … Look at what they’ve been able to do with it,” former councilman Jim Neighbor said at the December meeting before voting in favor of the project. He was unseated in the November election. “If we want Shawnee to sit here and be a bedroom community forever, that’s fine. But if you want to get the amenities and everything you want going forward, we’re going to need to have more rooftops.”
In the lawsuit, filed earlier this month, the developer argues the City Council “unreasonably, arbitrarily and capriciously” denied the application, even though the developer complied with the city’s land use plan. The developer asks the court to require the city to reverse its decision.
Various developers have tried to build on the land in western Shawnee over the past couple of decades, and many proposals included housing projects. Neighbors took issue with the latest proposal, which calls for at least 14 housing units per acre.
Many residents said they are not opposed to the city’s growth, but they do not want to live near such a dense housing development. Some said they fear an increase in crime and lower property values.
Neighbors’ concerns echoed those brought up at city council meetings across Johnson County, including in Overland Park and Olathe, where housing projects have been approved despite neighborhood opposition. Some longtime residents argued they live in Johnson County to avoid the dense, multistory apartment complexes found in Kansas City.
Maintaining Shawnee’s suburban feel while grappling with Johnson County’s booming growth has been a common discussion this past year, especially as the city works to revitalize its downtown and attract more private development.
Shawnee officials declined to comment Monday on pending litigation. An attorney representing the developer did not immediately respond to request for comment.
This story was originally published January 27, 2020 at 3:00 PM with the headline "Johnson County city nixed controversial housing project. Now the developer is suing."
