§ 18.40.120 Site Development Plan Changes | Olathe Unified Development Ordinance

18.40.120 Site Development Plan Changes

Purpose: This section creates a streamlined process for applicants to change their site development plan approvals to meet changing market conditions. Planning Commission review or reapplication is required for changes that are major, with staff review of minor changes. This provides for quick decisions when needed by applicants, while also giving the City the ability to review changes that would increase a project’s impacts on its neighborhood. In addition, this section defines approvals that are minor in nature to provide clarity for staff and applicants.

1. A revised preliminary site development plan is required when major changes are proposed to any preliminary or final site development plan.

2. For purposes of this section, “major changes” to the site development plan mean any of the following:

a. Increases in the density or intensity of residential uses of more than five (5) percent.

b. Increases in the total floor area of all nonresidential buildings covered by the plan of more than five (5) percent.

c. Increases of floor area for any one (1) nonresidential building covered by the plan of more than five (5) percent.

d. Increases of lot coverage by more than five (5) percent.

e. Increases in the height of any building of more than ten (10) percent.

f. Changes of architectural style and building materials that:

(1) Will make the project less compatible with surrounding uses with regard to building materials, building composition, roof forms, entryways, or similar elements, or

(2) For a project approved before the effective date of this UDO that are not consistent with the composite design standards (Chapter 18.15).

g. Changes in phasing or stages of construction that will lead to a different development concept, or an increase in trip generation or impacts on other public facilities by at least five (5) percent for any development phase.

h. Decreases of any peripheral setback of more than five (5) percent.

i. Decreases of areas devoted to open space of more than five (5) percent or the substantial relocation of such areas.

j. Changes in street design or lot layout that do not comply with the version of the fire code or Chapter 18.30 in effect at the time of application.

k. Removal of conditions or stipulations to the preliminary development plan approval.

l. Any other condition designated as such by the Approving Authority in a condition of approval.

3. The following changes are considered minor changes to the site development plan:

a. An increase in floor area or number of dwelling units not exceeding five (5) percent.

b. Substitution of landscape materials if the new materials are the same general size and type.

c. Minor changes to elevation, building materials, parking lot design, screening fences or walls, building location, or similar elements of site or building design, that would improve the site or are needed because of circumstances not foreseen at the time the preliminary site development plan was approved by the Approving Authority.

An application for a revised preliminary site development plan or revised final site development plan is filed with the Planning Official.

See Section 18.40.040, Completeness Review.

1. A major change to a preliminary site development plan that is approved as part of a planned development rezoning, condition of zoning approval or special use permit is allowed only after approval of a revised preliminary site development plan.

a. The Planning Commission may approve, approve with conditions, or deny the revised preliminary site development plan after a public hearing, subject to Section 18.40.060. Notice to surrounding property owners is required (see Section 18.40.050.B).

2. Changes to the preliminary site development plan which are not major changes are approved by the Planning Official as provided in Section 18.40.110.D.2.b. These changes are reviewable by the Planning Commission as provided in Section 18.40.110.D.2.c.

3. The Planning Official must determine whether a proposed revised preliminary site development plan is a “major change” within five (5) business days after the application is filed. This determination is reviewable by the Planning Commission (see Section 18.40.110.D.2.c), whose decision is final. (Ord. 22-22 § 8, 2022)

1. A major change to a preliminary site development plan that is approved for a permitted use is processed by the Planning Official as an original preliminary site development plan (see Section 18.40.110), and requires a new application and fee.

2. Changes to the preliminary site development plan which are minor changes are approved by the Planning Official:

a. As a continuation of the existing application, as provided in subsection D.1.a of this section. If the change is requested within five (5) days after the application is filed, the Director will approve the change as part of the normal application approval process. If the change is requested after this time period, the Director will approve the change within ten (10) days. This will extend the normal time period for approving the preliminary site development plan as needed for the Director to review the change; or

b. Within fifteen (15) days if the application is already approved.

3. If the application is filed after the preliminary site development plan expires, a new preliminary site development plan must be approved.

4. The Planning Official shall determine whether a proposed revised preliminary site development plan is a “major change” within five (5) business days after the application is filed. This determination is reviewable by the Planning Commission (see Section 18.40.110.D.2.c(3)), whose decision is final.

1. If a change to a final site development plan is considered a major change under Section 18.40.120.A and no longer conforms to the preliminary site development plan, then it will be approved by Planning Commission.

2. Changes to the final site development plan which are minor changes are approved by the Planning Official.

a. As a continuation of the existing application, as provided in Section 18.40.110.D.2. If the change is requested within five (5) days after the application is filed, the Director will approve the change as part of the normal application approval process.

3. These changes are reviewable by the Planning Commission as provided in Section 18.40.110.D.2.c.

4. If the application is filed after the final site development plan expires, a new preliminary site development plan must be approved.

5. The Planning Official shall determine whether a proposed revised final site development plan is a “major change” within five (5) business days after the application is filed. This determination is reviewable by the Planning Commission (see Section 18.40.110.D.2.c(3)), whose decision is final.

1. An application for a revised preliminary site development plan is subject to the criteria set out in Section 18.40.110.E.1.

2. An application for a revised final site development plan is subject to the criteria set out in Section 18.40.110.E.2.

A new application for a revised preliminary site development plan or final site development plan may be submitted at any time.

1. If an application for a revised preliminary site development plan is denied, the previously approved preliminary site development plan remains in effect.

2. If a revised preliminary site development plan is approved, the applicant may proceed with submission of final development plans.

Applications are tracked in the same way as the original site development plan (see Section 18.40.110.I). (Ord. 22-22 § 8, 2022; Ord. 17-52 §§ 23, 41, 2017; Ord. 15-16 § 3, 2015)