§ 18.40.110 Site Development Plans | Olathe Unified Development Ordinance

18.40.110 Site Development Plans

Purpose: A site development plan is a process that allows City staff and the Planning Commission to review significant developments and uses to ensure that they comply with the zoning and development standards in this title, have appropriate design and infrastructure, and comply with any conditions of rezoning, preliminary subdivision plat, or special use permit approval.

1. A preliminary site development plan is required for:

a. Any application to rezone property:

(1) to a district that allows nonresidential uses or multifamily or two-family dwellings, or

(2) to an “AG,” “R-1” or “R-2” district where the applicant is proposing a nonresidential development

b. All nonresidential uses, or developments with multifamily or two-family dwellings unless a preliminary site development plan for the proposed development was already approved as part of the existing zoning district, and

c. Any application for approval of a planned development district.

2. If a property is subject to an approved and unexpired preliminary site development plan, a final site development plan is required before a building permit application is filed.

1. Preliminary and final site development plans shall be filed with the Planning Official, and shall include the information required by Chapter 18.94.

Editor’s Note: This diagram referenced “Substantial Change” in Section 18.40.120. This terminology has been changed to “Major Change” to match the text of that section.

2. A neighborhood meeting is required for a preliminary and final site development plan (see Section 18.40.030).

a. If the application involves a use that is permitted by right in the applicable zoning district, the Planning Commission will approve, conditionally approve, or deny a preliminary site development plan. The Planning Commission will render a decision within thirty (30) days, unless the applicant requests additional time in order to revise the application. The applicant may revise the application during this review period without resubmitting the application and paying new filing fees.

b. If the application involves a planned district, a rezoning, or a special use, the preliminary site development plan is processed and approved as part of that application. The preliminary site development plan may be revised and resubmitted during the review period for the planned district/conditional rezoning or special use permit application review period and approved as part of the conditions of approval. In that case, the Approving Authority is the agency that approves that rezoning or special use.

A final site development plan is approved by the Planning Official, unless the applicant requests Planning Commission review.

If the Planning Official renders a decision on the application:

(1) The Planning Official shall render its determination within thirty (30) days after the applicant submits a complete application (see Section 18.40.040), unless the applicant requests additional time in order to revise the application. The applicant may revise the application during this review period without resubmitting the application and paying new filing fees.

(2) If the Planning Official fails to render a timely decision, the applicant or a surrounding property owner may request Planning Commission review (see subsection D.2.c, below).

(3) If the applicant or surrounding property owner does not request Planning Commission review, the Planning Official’s determination is final.

(4) If an administrative review application is without communication from the applicant for more than six (6) months, the applicant will be required to submit a new application and feeds for the final site development plan review to continue.

(1) The Planning Commission reviews the final site plan if the applicant asks the Planning Commission to review the final site plan within fifteen (15) days of the date of the Planning Official’s decision.

(2) The Planning Commission will consider the application without a public hearing.

(3) The Planning Commission may approve, approve with conditions, or deny the preliminary or final site development plan.

(4) The Planning Commission shall render its decision within thirty (30) days after the applicant requests a review. The Planning Commission may extend the time for making a decision if requested by the applicant. (Ord. 22-22 § 7, 2022)

1. The following criteria apply to the approval, conditional approval or denial of a preliminary site development plan:

a. The plan complies with all applicable requirements of Chapters 18.15, 18.20, and 18.30, and

b. The plan represents an overall development pattern that is consistent with the Comprehensive Plan, the Major Street Map and other adopted planning policies.

2. A final site development plan is approved if it is consistent with the preliminary site development plan as approved, including all conditions of approval, and complies with all applicable requirements of this title. A final site development plan shall not modify or expand the approved preliminary site development plan, except as provided in Section 18.40.120.

1. When an application for preliminary or final site plan is withdrawn by the applicant or denied, the same application for the same property shall not be resubmitted for a period of one (1) year from the date of withdrawal or denial.

2. An application for a major modification to the withdrawn or denied application may be submitted at any time.

1. Approved preliminary site development plans are valid for seven (7) years after final date of approval.

2. If the landowner fails to submit and obtain approvals for a final site development plan within the time period required in subsection G.1, above, the preliminary site development plan becomes null and void unless the time period is extended.

3. The Approving Authority may extend the time period of a preliminary site development plan upon written request by the landowner. Unless otherwise required in a condition of approval, the Approving Authority may extend the time period administratively. The Approving Authority shall extend the time period of the preliminary site development plan for up to twelve (12) months. Upon written request by the landowner, the Approving Authority may extend the preliminary site development plan for any length of time for cause.

4. Approved final site development plans are valid for two (2) years after final approval.

5. If the landowner fails to commence the planned development within the time period required in subsection G.4, above, the site development plan becomes null and void unless the time period is extended.

6. The Approving Authority may extend the time period upon written application by the landowner. Unless otherwise required in a condition of approval, the Approving Authority may extend the time period without a public hearing. The Approving Authority shall extend the site development plan for up to six (6) months. After this time period or at the time the original extension is requested, the Approving Authority may extend the site development plan for any length of time for cause.

7. The applicant may revise an approved final site development plan as provided in Section 18.40.120.

8. Any preliminary plat or preliminary development plan for a single-family subdivision in an existing RP-1 District approved prior to the effective date of this ordinance (June 17, 2014), where no final plat or plan has been approved, shall be considered expired and subject to a new application and the provisions of this ordinance.

The applicant or aggrieved party may appeal the disapproval of a preliminary or final site development plan by the Planning Commission to the Governing Body. The applicant shall file a notice of appeal with the Planning Official within ten (10) days following the decision.

The Planning Division and the applicant shall maintain copies of the preliminary and final site development plan approvals, and all supporting documentation.

1. If the applicant abandons any part of a site development plan, then the applicant shall notify the City in writing.

2. If any part of a final site development plan is abandoned, no development shall take place on the property until a new final site development plan is approved. (Ord. 22-22 § 7, 2022; Ord. 19-40 § 2, 2019; Ord. 17-52 §§ 22, 41, 2017; Ord. 16-20 § 4, 2016; Ord. 15-16 § 3, 2015)