Rezoning Nightmare: Residents of Westwood are in opposition to the city’s development plans for Joe D. Dennis Park and Westwood View Elementary

The Johnson County District Court ruled that a petition requesting a city-wide vote on the city of Westwood’s “New Feature Park Development” was invalid on Feb. 23.

Westwood can now move forward with a redevelopment project, even if residents oppose it. The project, developed by Karbank Real Estate, includes office and retail buildings where Joe D. Dennis Park currently resides on Rainbow Blvd. The company also plans to create a new 3.8-acre park near the former Westwood View Elementary School.

“I am grateful for the Court’s ruling, which allows for the city’s vision — as reflected in years of work, planning and resident input — to become a reality,” in a press release Westwood Mayor David Waters said. “We understand that some residents may still have concerns with this project, but we are thankful for their engagement, which led to significant positive changes in the original proposal.”

Residents filed the petition due to their belief that the new development will be incompatible with the simple residential community and shouldn’t replace the current park. However, the petition was dismissed by both the judge and city council mainly due to the lack of a proposed question for the ballot.

Westwood View alum senior Adam Minto has lived in Westwood for 12 years and spent his childhood playing with friends, having water balloon fights and watching movies at Joe D. Dennis Park.

“I didn’t really know the full scope of [the development] but hearing that they were going to turn that into office space, I was not a big fan of that,” Adam said. “I really love that park, and now I kind of feel like it’d be good to bring business in but it’s definitely going to change the feel of that area.”

The Friends of Westwood Parkland — formed by local residents — have opposed the proposed development for months. On Dec. 22 the group acquired 169 verified signatures for a protest petition towards the new development under Kansas Statute 12-1301—a law that gives residents the right to petition sales or exchanges of park land.

The city council unanimously invalidated the petition in January and filed for a declaratory judgment from a Johnson County judge on the matter. During the hearing, the judge decided on three main items: whether the protest petition language could be placed on a ballot, if there are any other reasons the petition is invalid and whether statute 12-1301 applies to the sale of Joe D. Dennis Park. The judge ruled against the residents’ petition on all items.

The city attorney explained that the petition’s lack of a possible question citizens wanted on the ballot made it invalid. According to City Council President Jeff Harris, the city would be in legal jeopardy if they were to write the question themselves and someone who signed the petition didn’t agree with it.

Resident of Westwood Hills Mike Hoffman, who has lived directly across from Joe D. Dennis Park since 1983, opposes the city’s actions and responses to residents’ concerns.

“I think it’s hogwash, as far as a question to get the people to vote,” Hoffman said. “[The city] can write the question, the city should be writing that question, that’s not ours to write. Our [petition] was just saying [the Karbank Project] should go to a vote for the people, which is what 12-1301 cites.”

When Hoffman learned of the proposed project in March last year, he sent an email to Waters asking him to reconsider replacing the park with four-story buildings. According to Hoffman, he received no response but attended multiple city council meetings over the past months expressing his opposition.

Hoffman’s and other residents’ main concern is that the project simply isn’t compatible with the community. According to Hoffman, having four-story buildings in a residential neighborhood doesn’t fit with the local architecture. Another major issue was the amount of traffic the new development would bring.

“That whole area does have a lot of traffic and [the Karbank project] is probably gonna hurt that and make it more congested, so I hope they put lots of crosswalks and stuff because crossing [Rainbow Boulevard] is a pain,” Adam said. “I hope that they think about that when redesigning the area, making sure that it’s safe for people.”

The city has established a park planning committee to guide officials on plans for the new park. This group is set to begin meeting in early March. Adam’s brother, senior Chris Minto, was selected to be a part of the committee and hopes to make the development authentic.

“I want to shape something that the city of Westwood can really be proud of,” Chris said. “Joe Dennis Park was a huge part of my life growing up in Westwood, and a lot of people grew up in Westwood, so I think something unique to Westwood is what would be really good for us.”

This spring, the city will launch a citizen survey aimed at better understanding residents’ needs for other city services. Officials will use the feedback for a new strategic planning process. The city plans to close the sale with Karbank on or before Aug. 1.