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11-14-08

 

 

 

 

 

 

LAWSUIT STILL BEING PONDERED
KC studies Tomahawke
annexation request

by Alan McArthur
Landmark reporter

The proposed annexation of property along Hwy. 92 east of Platte City into Kansas City is currently waiting for the developers to submit a formal application to the City of Kansas City.

According to Virginia Walsh, development management division manager, the city's staff had an informal meeting with the developers last Wednesday and provided feedback to the developers about the proposal, which concerns land that has been targeted for a high density housing proposal known as Lake at Tomahawke Ridge. The land in question is about four and a half miles east of Platte City.

Walsh said the developers would then have to submit a formal application to be annexed into the city, but they had not received an application as of Monday.

The attorney for the developers, Chris Byrd, said they have not submitted the annexation request yet, and that a preliminary plat submission would be secondary.

Previously, Byrd has told The Landmark that the deverlops plan to file a lawsuit against the county for denying the proposal, and also intend to go forward with the annexation request.

Byrd said that as of Monday he had not yet filed a lawsuit against the county. Byrd said the deadline to do so is Nov. 20, though some county officials privately are questioning whether Byrd’s interpretation of the deadline is correct.

County Attorney Bob Shaw said that he is not exactly sure when the deadline is for Byrd to file the lawsuit.

“That is a bridge we'll cross when we come to it,” said Shaw. “I guess we'll find out,” he told The Landmark on Monday.

Daniel Erickson, director of planning and zoning for Platte County, said Kansas City's staff had asked for the documents pertaining to the county's dealings with the proposal in order to look over.

Erickson said that in those documents are the county staff's recommendations for denial of the preliminary plat.

Once a formal application is filed with the Kansas City Planning and Zoning Department then a public hearing will need to be held concerning the annexation.

Byrd said he thinks the developers can work through some of the comments and be approved by Kansas City.

If the annexation is approved, then the developers can move forward with the preliminary plat application.

The property with the proposed development is located at the intersection of Highway 92 and Winan Road. The development is on four parcels of property, with the majority owned by Hal Swaney.

One of the developers of the project is Tim Dougherty, of RE/MAX in Platte City. The submitted proposal listed 659 lots on approximately 319 acres.

The proposed development was turned down by the Platte County Planning and Zoning Commission and also the Platte County Commission. The proposal submitted to the county had 655 lots on the same acreage.

Platte County had denied the developer’s preliminary plat based on a variety of factors as recommended by its professional planning and zoning staff, including but not limited to concerns over traffic safety in the area. Other concerns included:

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 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.

 
 

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