Johnson County planning commission grants waiver for Overland Group parcel at 3079 S. US 31

The Johnson County Planning Commission on a voice and roll-call vote granted a waiver to allow a commercial subdivision on a 5.23-acre parcel at 3079 South US 31 after concluding the proposal met other Unified Development Ordinance standards.

During a public hearing, Michelle, planning staff, told the commission the parcel is zoned general commercial but falls short of the UDO’s 10-acre minimum for commercial subdivisions in chapter 5. She said the proposed lots would comply with chapter 2 commercial lot-size and frontage standards and explained the waiver process exists to address unique property constraints. “The waiver does not grant any additional development rights beyond what's already permitted,” she said, describing the waiver as a step that would allow the division process to move forward if other conditions are met.

Tyler Oakes, an attorney with Bose McKinney & Evans representing petitioner Overland Group, argued the parcel’s geographic restraints — rights-of-way to the north and west and a railroad to the east — make expansion impossible, and said the smallest proposed lot would still be about 2 acres and meet UDO minimums. “We respectfully request that this waiver is granted so my client could move forward with seeking potential plat and subdivision,” Oakes said.

Opponents said the waiver should be denied. Josh Vanmeter, a resident at 2989 South Old US 31, said traffic safety at the nearby intersection and earlier staff findings arguing against approval remain unresolved and raised expert testimony about poor soils and septic failure risk. “This waiver is primarily for the economic benefit of the petitioner,” Vanmeter said, arguing the hardship cited was caused by the petitioner, not the ordinance. Neighbor Dave Edder read UDO provisions and warned the waiver would conflict with multiple sections and could worsen public-safety issues; he cited several accidents near the site since the prior denial. John Bonset, another nearby resident, emphasized documented septic-system problems and a state health department comment noting the risk of placing septic systems on the property.

In rebuttal, Oakes said the waiver process addresses properties with permanent constraints and that traffic, drainage and sanitary issues would be addressed during subsequent plat review. “Those will be updated in the next application,” he said, adding that the waiver simply allows the applicant to continue through the formal review steps.

After discussion — during which commissioners noted the commission could amend the UDO or consider future changes to acreage standards — a motion to approve the petitioner’s waiver as presented was moved and seconded. A roll-call tally recorded seven yes votes and two absences: Charlie Canary — yes; Doug Gray — yes; Steve Hickman — yes; Jonathan Myers — aye; Robert Page — yes; Stoney Mann — yes; Ron West — yes; Shirley Bradley — absent; Greg Cantwell — absent. The chair announced that the petition was approved.

Votes at a glance

- Waiver WDash1Dash26 (Overland Group) — Motion to grant waiver of chapter 5.d.3 (10-acre commercial subdivision minimum) for parcel at 3079 S. US 31. Outcome: approved (7 yes, 0 no, 2 absent). Notes: staff findings and petitioner’s findings were considered; subsequent plat/subdivision approvals remain required and will address drainage, septic and traffic.

- 2026 Planning Commission attorney contract — Motion to approve the 2026 contract for the planning commission attorney. Outcome: approved by voice vote; terms reported as unchanged.

Next steps

The waiver allows the petitioner to file for the preliminary plat and pursue required technical reviews, including drainage, sanitary/septic or sewer planning and any traffic studies. Those subsequent reviews and any required permits or site-specific approvals will be considered separately by staff and the commission.