by Alan McArthur
Developers and landowners of the controversial proposed Lake at Tomahawke Ridge high density housing development have applied to have the property voluntarily annexed into Kansas City.
In addition, the developers are planning on moving forward with a lawsuit against Platte County after being denined a preliminary plat application earlier this month.
Staff at the City of Kansas City received the application for voluntary annexation on Monday, Oct. 6 and is currently reviewing the application, according to Virginia Walsh, development management division manager.
The developer had appealed the Platte County Planning and Zoning Commission's denial to the Platte County Commission. The Platte County Commissioners also denied the preliminary plat.
The proposed development covers four parcels of property, two of which are owned by Hal Swaney. The southern most parcel is within the city limits of Kansas City and the developers have applied to have the other parcels voluntarily annexed into Kansas City.
The letter requesting voluntary annexation was submitted by Wilbur Souders, of Sam's Survey Company in Gladstone. The developer for the project is Tim Dougherty with RE/MAX of Platte City.
According to Walsh, the application will first need to be discussed in a public hearing after city staff has made comments on the application. The earliest the public hearing could be held is the first part of December, said Walsh.
The annexation application would then go before the Kansas City city council and planning and zoning staff would consider the preliminary plat application.
On Tuesday, Chris Byrd, attorney for the developers, said they plan to have the lawsuit against the county filed by Friday concerning the commission's denial of the preliminary plat.
“We are proceeding down both paths now,” said Byrd.
Byrd said that the developers will have meetings with the city staff next week. The voluntary annexation will then move to the public hearing stage.
The number of lots requested in the letter to Kansas City has increased from the number requested in the application to the county. The number of lots is now 659, which is an increase from 655 in the application to the county. The 659 homes would be placed on around 300 acres of ground.
Byrd said the increase is because the spacing rules through Kansas City are different and allow for more lots.
In the letter to Kansas City, Souders writes the development “will provide a good anchor for the northern portion of Kansas City and, due to its proximity to Kansas City International Airport and related commercial development, will provide affordable housing with an enhanced living experience for the work force in extreme northern Kansas City.”
Dougherty previously distributed a letter to the Platte City Chamber of Commerce that said the revenues from development at Tomahawke would be realized in Platte City. The letter stated, “These revenues are needed to keep Platte City growing strong. We should not shift these revenues to Parkville nor should simply forego them in Platte County altogether.”
The letter to Kansas City also states that improvements will be made to the intersection of Winan and Highway 92. The letter states that, “North Winan Road will be widened to provide a 40-foot wide section” from 92 Highway to the northern boundary of the project. The letter does not list any further improvements being considered other than turn lanes that would be required by MoDOT.
Winan Road south of Hwy. 92 was an area deemed in need of improvement by the county. That area is not addressed in the letter to Kansas City.
The county denied the preliminary plat based on a variety of factors as recommended by its professional planning and zoning staff, including:
1. The preliminary plat did not conform to the requirements of the Platte County subdivision regulations.
2. The plat did not conform to the goals and policies outlined in the Platte County Future Land Use Plan.
3. The development is “leap frog” and thus out of character with the surrounding area.
4. The development will have a negative effect on the public.
The letter also proposes to de-annex from the Platte County Water District Number 4 and be connected to Kansas City water.