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A. Proof of Ownership and/or Authorization of Agent

1. Where an application has been filed by a landowner, an affidavit of ownership shall be submitted to the City.

2. Where an application has been filed by an agent of a landowner, an affidavit of the landowner establishing the agent’s authorization to act on behalf of the landowner shall be submitted to the City.

3. The affidavits required by this section shall be on forms prescribed by the City or in such form as is acceptable to the Planning Official or designee, and shall be submitted at the time of filing the application.

B. Submittal Checklists

Applications for land use or building permits shall be filed upon forms prescribed by the City. The following information is required for each application listed below:

Material / Information

■ required

❍ approving agency may require the information on a case-by-case basis

Planned Development

Plat-Preliminary

Plat-Final

General

1

Legal description of the property.

2

Names and addresses of owner, applicant and agent.

3

Names and addresses of landowners and engineer or land surveyor preparing the plan.

4

A statement of the reasons why the application is being requested.

5

An affidavit certifying the date and contents of any required notice to surrounding property owners or neighborhood associations.

6

The minutes of the meeting(s) between the applicant and the property owners and homes associations within the notification area, if determined to be required during the preapplication meeting.

7

In the case of an application for special use permit rezoning, a preliminary site development plan with technical studies as determined by the Planning Official (see category listed below).

8*

North arrow and scale (standard engineer for site development plan and standard architectural for building elevations/details).

9

Legend and controlling physical features such as watercourses, highways and railroads.

10

A small key map indicating the location of the property within the City.

11

Vicinity map, drawn to a scale of one (1) inch equals two thousand (2,000) feet, showing the location of the proposed subdivision in relation to the section of land in which it is situated.

12

Signature blocks for certification of Planning Commission approval of the plat and Governing Body acceptance of dedication. The typewritten or printed names of all such City officials shall appear below the signature of that person when executed.

Boundaries

13

The boundary lines of the tract with approximate dimensions.

14

The boundary lines of the area included in the application, including bearings, dimensions and reference to a section corner, quarter corner or point on a recorded plat.

15

Location, elevation and description of the benchmark controlling the vertical survey.

16

Name and address of the architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan.

17

Date of preparation.

18

A statement clearly identifying the type of application (e.g., a preliminary plat).

19

Name and address of landowner, architect, landscape architect, planner, engineer, surveyor or other person involved in the preparation of the plat.

20

The proposed name of the subdivision, which shall not duplicate or closely resemble the name of any subdivision within Johnson County.

21

Traverse data for the plat, including the coordinate of the boundary of the subdivision with the error of closure. The error of closure for a perimeter distance having a length of ten thousand (10,000) feet or more shall not be more than one (1) in twenty thousand (20,000). For perimeter distances less than ten thousand (10,000) feet in length, the error of closure shall be not more than one (1) in ten thousand (10,000).

22

The computation of all distances, angles and courses that are shown on the final plat unless measured in the field.

23

All stakes, monuments or other evidence found on the ground in use to determine the boundaries of the plat.

24

Reference ties to government corners or previous surveys or plats as follows: (1) Distance and direction to the monuments used to locate the land described in the certificate of survey. (2) The location of all other monuments required to be installed by the provisions of these regulations. (3) A reference to the quarter section in which the plat is located.

25

Tract boundary, block boundary, street and other right-of-way lines with distances and angles and/or bearings. Where these lines follow a curve, the central angle, the radius, points of curvature, length of curve and length of intermediate tangents shall be shown.

26

Lot lines with dimensions. Side lot lines shall be at right angles or radial to street lines unless otherwise shown. Rear lot lines shall be parallel to block or tract lines unless otherwise indicated. Points of deflection of rear lot lines shall be indicated by angles and distances.

27

Easements showing width and purpose.

28

Easement and right-of-way information including drainage easements required for off-site drainageways.

29

All easements denoted by fine dashed lines, clearly identified, and if already on record, their recorded reference by book and page number shall be indicated. If an easement is not definitely located of record, a statement of such easement shall be included. The width of the easement, with sufficient ties to locate it definitely with respect to the subdivision, must be shown. If the easement is being dedicated through the plat map, it shall be properly referenced in the owner’s certificate of dedication and identification.

Ownership

30

A title report by an abstracting or title insurance company, or an attorney’s opinion of title, showing the name(s) of the landowner(s) and all other persons who have an interest in or an encumbrance on the platted land. The consent of all such persons shall be shown on the plat.

Approvals

31

Evidence showing that all taxes and special assessments due and payable have been paid in full. In the case of taxes which have been protested as provided by law, monies or other sufficient escrows guaranteeing the payment of such taxes in the event the protest is not upheld shall be placed on deposit with such officials or governing bodies to meet this requirement.

Legal

32

Deeds of dedication for all rights-of-way or easements required as a result of preliminary site development plan approval.

33

A copy of any applicable covenants or deed restrictions applicable to the property. The restrictions may appear on the face of the plat or site plan, or may be submitted separately.

34

Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency required pursuant to approval of the preliminary site development plan, if required by the terms of the approved preliminary site development plan.

35

Evidence of satisfaction of any stipulations of the preliminary site development plan approval which were conditions precedent to consideration of the final development plan.

Existing Conditions (Site and within Two Hundred (200) Feet for a Site Plan, Four Hundred (400) Feet for a Preliminary Plat)

36

Existing uses

37

Existing zoning and land use of site and surrounding properties.

38

The names of all adjacent subdivisions or, in the case of unplatted land, the names of the landowners of adjacent property.

39

Existing and proposed finished grades or contours at two (2) foot intervals.

40

Contour lines or spot elevations based on U.S. Geological Survey (USGS) data having the following intervals: two (2) foot contour intervals for ground slopes less than ten (10) percent; five (5) foot contour intervals for ground slopes exceeding ten (10) percent; and spot elevations where the ground is too flat for contours. The date and source of the topographic survey shall be indicated.

41

Contours of existing grades at intervals not more than five (5) feet. Intervals less than five (5) feet may be required dependent on the character of the topography.

42

Final grading contours drawn at sufficient intervals of not more than two (2) feet to depict major drainage patterns.

43

The location, width and names of all existing public or private streets and sidewalks within or adjacent to the tract, together with easements, railroad rights-of-way, and other important features such as section lines and corners, municipal boundary lines and monuments.

44

All platted or existing streets and property lines.

45

Description of any existing streets or roads which abut, touch upon or extend through the subdivision. The description shall include types and widths of existing surfaces, rights-of-way widths, and dimensions of any bridges or culverts.

46

Zoning classifications for the tract and adjacent tracts.

47

Location of the one hundred (100) year floodplain and all watercourses.

48

One hundred (100) year floodplain line with elevations.

49

Land areas within the one hundred (100) year floodplain.

50

Existing streams, drainage channels and other bodies of water.

51

Natural features such as rock outcroppings, marshes, lakes, wooded areas and isolated preservable trees.

52

Existing and proposed slopes in excess of ten (10) percent.

53

The location, size, cross-section and calculation of any drainage structures, such as culverts, paved or earthen ditches or stormwater sewers and inlets.

54

Location, massing and pattern of existing vegetation. Indicate proposed on-site preservation.

55

Location and size of all trees with a caliper of eight (8) inches or greater (measured at four and one-half (4½) feet above the ground).

Site Development

56

Land use allocation map, including a general designation of all mixed-use, residential, commercial, industrial, or other areas by general land use description.

57

The proposed use of land, whether for single-family, multifamily, commercial, industrial, parks, schools or other uses.

58

Intended use of land or buildings.

59

A general description of any building or structure proposed to be constructed, erected or structurally altered thereon.

60

Approximate height, bulk and shape, gross and net square footage of buildings and structures.

61

Lots showing approximate dimensions, minimum lot sizes and proposed lot and block numbers.

62

Proposed location of buildings and other structures, parking areas, driveways, walks, noise generation sources (refrigeration units, mechanical equipment, loading docks, etc.), screening, drainage control, landscaping and proposed utility connection layouts for water and sewer.

63

Location of buildings or structures upon the lot, tract or parcel.

64

Sufficient dimensions to indicate setbacks, relationship between buildings, property lines, intersections, easements, parking areas and other elements of the plan.

65

If applicable, indicate focal points, site amenities, views within and vistas from the site which are to be emphasized.

66

A schedule indicating total floor area, dwelling units, land area, parking spaces, land use intensity and all other quantities relative to the submitted plan that are required to determine compliance with this title.

67

Proposed neighborhood amenities, if required, and construction phasing.

68

General extent and character of all proposed landscaping noting common and botanical names and planting size.

69

Proposed utility connection layouts.

70

Landscaping plan (see subsection L, below).

71

Location of all required building and parking setbacks.

72

Building setback lines.

73

Location, dimensions, number of stories, and gross floor area in square feet of all proposed buildings.

74

Final drainage design. Limits, location, size and material to be used in all proposed drainage basins and retaining walls.

75

Location, height, candle power and type of outside lighting fixtures for buildings and parking lots.

76

Location, size, type of material and message of all proposed monument or detached signs.

77

For residential subdivisions in Districts R-1 through R-4 inclusive and N, a master fence/screening plan if required by Chapter 18.30.

78

Documentation assuring permanent responsibility for the maintenance and liability of the fence/screening tracts or easements; or private greenways, parks, or common open space areas.

79

Block numbers or letters continuing consecutively without omission or duplication throughout the subdivision. Such identification shall be solid, of sufficient size and thickness to stand out, and so placed as to not obliterate any figure.

80

Lot numbers beginning with the number one (1), and numbered consecutively in each block.

81

Land parcels to be dedicated for any purpose, public or private, as distinguished from lots or tracts intended for sale.

82

“Limits of no access” shall be designated as a solid line in the right-of-way of arterial streets or highways. “Limits of no access” or “LNA” shall appear above this line. Access points shall be designated as a break in this line and a label of “access” or “ACC.” Access points shall conform with the design standards of this ordinance.

83

The name of each street shown on the subdivision plat. Street names shall conform to the existing street naming system.

84

Location and elevation of permanent benchmark, if required.

85

Elevation and location of the nearest benchmark.

86

Location and elevations of the one hundred (100) year floodplain for all lots thereby affected shall be shown and shall include calculations.

87

Tracts designating location of fencing and screening for R-1 through R-5 inclusive and residential portions of planned mixed use district subdivisions adjacent to thoroughfares consistent with the approved fence/screening plan.

88

Methods of controlling erosion and sedimentation.

Building Design

89

Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. One (1) and two (2) family residential buildings may be shown in approximate location and general size and shape.

90

Status of structures on the site (i.e., vacant, to be removed; good condition, interior remodel only; new, as is; etc.).

91

Style, type and construction materials of buildings on adjoining properties (i.e., two (2) story, brown brick ranch residence; twenty (20) foot tall tinted concrete panel industrial building; etc.).

92

Principal materials of construction.

93

Color building elevations (may be conceptual at rezoning stage).

94

Where several building types are proposed, such as, one (1) and two (2) unit dwellings, apartments and commercial buildings, a separate sketch for each type.

95

If an architectural theme is planned, describe the intent and extent of the scheme and provide details, focal points, etc. (i.e., material rustification, period lighting, pavement patterns).

96

Color renderings/building perspectives.

Infrastructure

97

Assurances of adequate public facilities as required by Section 18.30.040.

98

All public streets and easements which are of record. Sufficient dimensions and information to indicate existing and proposed rights-of-way, pavement width and type, number of lanes, medians and median breaks, sidewalks, existing and proposed driveways (to the degree that they appear on plans on file with the City).

99

Calculation sheets containing the length and radii of all curved street and lot lines, bearings, length of all straight streets and lot lines, and the area in square feet of each lot.

100

All existing and proposed adjacent public street rights-of-way with centerline location and surface type, condition and width.

101

Location, size and radii of all existing and proposed median breaks and turning lanes.

102

All existing and proposed drive locations, widths, curb cuts and radii.

103

Approximate gradients of proposed streets within the plat.

104

Location and type of utilities to be installed.

105

Proposed utility layouts for water and sewer. Under certain circumstances the proposed utility layout for multifamily residential, commercial or industrial subdivisions may be deferred until site or preliminary development plan submittal.

106

Certificates of execution, dedication, etc. (see subsection H.6 below).

Technical Studies

107

Traffic studies (see Access Management Plan for required information).

108

Engineering studies.

109

Geologic or hydrologic studies.

110

Environmental impact assessments.

111

Noise studies.

112

Market studies.

113

Economic impact reports.

114

Architectural surveys.

C. Building Elevations

1. If required, building elevations shall:

a. Be in color and drawn to a standard architectural scale. Include dimensions sufficient to determine relationship between various elements, building height, proportion, adequate screening of mechanical equipment, etc.;

b. Depict the architectural style, size, exterior construction materials, and colors of the proposed buildings;

c. Depict the elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs;

d. Depict the size, location, color and materials of all signs to be attached to building exteriors, unless the site is subject to an approved master sign plan;

e. Depict the location, size and materials to be used in all screening of rooftop mechanical equipment.

2. The Planning Official may also require color rendering.

D. Rezoning and Special Use Permit Applications

See subsection B, above.

E. Preliminary Site Development Plans

All site development plans are to be drawn to a standard engineer’s scale. The actual scale used will depend on the development and shall be subject to the approval of the Planning Official. Two (2) copies of the site development plan shall be submitted in support of the application. In addition, one (1) copy of the proposed site plan and one (1) copy of the proposed color building elevations, reduced onto eight and one-half (8½) inch by eleven (11) inch paper and one (1) digital file shall be submitted with the application.

F. Final Site Development Plans

All final site development plans are to be drawn at the same scale as the preliminary site development plan. Two (2) copies of the final site development plan shall be submitted in support of the application. In addition, one (1) copy of the development plan and one (1) copy of all color building elevations, reduced onto eight and one-half (8½) inch by eleven (11) inch paper, and one (1) digital file shall be submitted with the application.

G. Preliminary Plats

Preliminary plats shall be drawn to a scale of one (1) inch to one hundred (100) feet; however, plats of areas in excess of one hundred (100) acres may be drawn to a scale of one (1) inch to two hundred (200) feet. Two (2) copies, one (1) digital file (Section 18.94.030 **) and one (1) copy reduced onto eight and one-half (8½) by eleven (11) inch paper, and one (1) digital file of the preliminary plat shall be submitted in support of the application.

H. Final Plats

1. After a preliminary plat is approved by the Planning Commission, the applicant may submit a final plat for the Planning Commission’s consideration.

2. The final plat may contain all or part of the area contained in the preliminary plat. For properties developed in phases:

a. The final plat shall include all open space areas adjacent to the lots being platted, including the open space between those lots and arterial or collector streets, existing platted lots, or the perimeter property lines of the development.

b. Plat numbers shall be tied to the phase of development designated in the preliminary plat.

c. No unplatted remnants shall remain by the final phase. The Governing Body may waive these requirements.

3. Page sizes for final plats shall be as required by the Register of Deeds office. When more than one (1) sheet is used for any plat, each sheet shall be numbered consecutively and each sheet shall contain a notation showing the whole number of sheets in the plat and its relation to other sheets (e.g., sheet 1 of 3 sheets).

4. Final plats shall be prepared with the accuracy required for traverse data.

5. Final plats shall be drawn to a scale of one (1) inch to one hundred (100) feet, or at another scale acceptable to the Planning Official or designee. Two (2) copies, one (1) digital file (Section 18.94.030 ***), and one (1) copy reduced onto eight and one-half (8½) inch by eleven (11) inch paper of the final plat shall be submitted in support of the application.

6. A final plat must include the following certificates, which may be combined where appropriate:

a. A certificate of execution signed and acknowledged by all parties having any record, title or interest in the land subdivided, and consenting to the preparation and recording of the plat.

b. A certificate signed and acknowledged as above, dedicating all parcels of land shown on the final plat and intended for any public use except those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors or tenants.

c. A certificate granting utility easements as follows:

An easement or license to enter upon, locate, construct and maintain or authorize the location, construction or maintenance and use of conduits, water, gas, electrical, sewer pipes, poles, wires, drainage facilities, ducts and cables, and similar utility facilities, upon, over and under these areas outlined and designated on this plat as “Utility Easement” or “U/E,” is hereby granted to the City of Olathe, Kansas, and other governmental entities as may be authorized by state law to use such easement for said purposes.

d. A certificate that all prior existing easement rights to any person, utility or corporation have been absolved on the parcels to be dedicated to public use.

e. A certificate signed by the licensed professional engineer or surveyor responsible for the survey and final plat. The engineer or surveyor shall not sign the plat until all monuments, irons or benchmarks have been set as required by this ordinance. Said signature shall be accompanied by the engineer’s or surveyor’s seal and shall state the month and year such survey was made.

f. The typewritten or printed names of all persons required by this subsection shall appear below the signature of that person.

7. A final plat for a condominium development shall include the information required by the Apartment Ownership Act (KSA Chapter 58, Article18 31) and Township Ownership Act (KSA Chapter 58, Article 37).

8. After the final plat is filed of record with the Register of Deeds Office, a final and/or revised digital plat in conformance with Section 18.94.030 shall be submitted.

9. Final plats including stormwater treatment facilities shall provide the following statement:

Notice: This site includes Stormwater Treatment Facilities, as defined and regulated in the Olathe Municipal Code (Section 17.16.080). Restrictions on the use or alteration of the said facilities may apply. This property is also subject to the obligations and requirements of the Stormwater Treatment Facility Maintenance Agreement approved by the City of Olathe, Kansas.

10. Final plats including stream corridors shall include the following statement:

Notice: This subdivision’s home owners (business) association is responsible for perpetual maintenance of a protected Stream Corridor, as defined and regulated in the Olathe Municipal Code (Section 17.06.090). This property is also subject to the obligations and requirements of a Stream Corridor Maintenance Agreement approved by the City of Olathe, Kansas and recorded with the Johnson County Office of Register of Deeds. Restrictions on the use or alteration of the Stream Corridor apply.

I. Lot Splits

1. The lot split application shall be accompanied by two (2) copies of a drawing to scale depicting the lots, structures and existing utility easements located on any part of the lot being split, together with the precise nature, location, dimensions and legal descriptions of the new lots to be created.

2. Prior to being submitted to the Planning Official or designee, lot split applications shall be signed by the various public or private utilities, the City Engineer and Municipal Services Department, to establish the existence of adequate public easements and facilities to serve the resulting lots.

3. A lot split application for a two (2) family residence (duplex) or a townhouse shall include:

a. A signed and notarized fire wall affidavit; and

b. If the property is serviced by one (1) sewer service lateral line, a shared responsibility affidavit; and

c. Verification of the location of electrical service meters to each unit.

J. Minor Plats

Minor plats shall contain the same information as identified for final plats in subsections B and H of this section.

K. Required Engineering Plans

1. Whenever the construction of new improvements is required by this ordinance, a registered professional engineer in the state of Kansas shall prepare all plans and specifications.

2. Engineering plans shall include, but not be limited to:

a. Detailed site grading plans;

b. Road construction and parking lot plans;

c. Plans for storm drainage facilities and street lights;

d. Water and sanitary; and

e. Traffic signal.

3. Such plans shall be drawn in accordance with the technical specifications.

L. Landscaping Plans

All landscaping plans shall include the following information:

1. North arrow and scale.

2. Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection.

3. The location, size and type of all above-ground and underground utility easements and structures with proper easement notation, where appropriate, as to any safety hazards to avoid during installation of landscaping.

4. The location and size and surface of materials of all existing and proposed structures, parking lots and drives, sidewalks, refuse disposal areas, fences, recreational facilities, and other freestanding structural features as determined necessary by the City.

5. The location, size, spread (at the time of planting), type and quantity of all proposed landscaping materials, along with common and botanical names of all plant species. The size, grading and condition shall be specified according to the American Standard for Nursery Stock, as published by the American Association of Nurserymen.

6. Mature sizes of plant materials shall be drawn to scale and identified on the plan by their common and botanical names.

7. Location and identification of hose connections and other watering sources.

8. Location of the boundaries of any required tree preservation area, traffic sight distance triangle, buffer, and/or landscape easement and/or area.

9. The location of all existing trees, eight (8) inch caliper or larger, measured at four and one-half (4½) feet above ground level, that are proposed for removal and/or to be preserved.

10. All screening required by this chapter.

11. The plan shall identify how the City’s Crime Prevention through Environmental Design (CPTED) techniques have been incorporated into the layout and design of the landscape plan. Such techniques are optional, but encouraged, and are site specific.

M. Telecommunications

An application for a telecommunications facility, as defined in Section 18.50.220, shall include the following information in addition to the information normally required for the application:

1. Names/signatures of applicants, owners of land and/or facilities if different, and agents if any.

2. Written statement acknowledging and agreeing to the responsibilities under the zoning code (e.g., allowing modification/rebuilding of support structures; removal upon abandonment, etc.).

3. A one (1) inch equals two hundred (200) feet vicinity plan, dimensioned and identifying existing buildings, trees, and other features within two hundred (200) feet of the telecommunications facility.

4. A one (1) inch equals two hundred (200) feet site plan, dimensioned.

5. Typical elevations of all facility elements, dimensioned.

6. Specification of all exterior materials and colors, with drawings, photos or samples as appropriate.

7. Landscape/screening plan, with all materials and sizes specified.

8. Appearance shown by at least two (2) photo simulations for proposed facilities that do not adhere to the location/design guidelines or facilities located in designated visually/environmentally sensitive**** locations.

N. Vacation

1. Where an application for the vacation of any street, alley, utility easement or other public reservation by ordinance is not made by the owners of lands adjoining on both sides of the street, alley or public reservation to be vacated, the application shall be accompanied by affidavits of all such owners not joining in the application indicating their consent to the vacation.

2. Copies of the application shall be filed with the Planning Official.

3. The application shall be accompanied by a legal description and survey or other drawing acceptable to the Planning Official depicting the street, alley or public reservation sought to be vacated and the properties and property ownerships surrounding the street, alley or public reservation.

4. The applicant shall obtain letters from representatives of any affected utility companies stating that the street, alley, utility easement or other public reservation will not be needed by the service provider. These letters shall be submitted to the Planning Division prior to scheduling a public hearing regarding the proposed vacation.

O. Wind Energy Conversion Systems (Micro-WECS)

The following items shall be submitted in support of an application for a micro-WECS:

1. Name of the project applicant(s), facility owner(s) and operator(s).

2. Legal description and address of the project.

3. A plot plan utilizing a standard engineering scale not to exceed one to one hundred (1:100), indicating the placement of the wind turbine(s) and distances from the proposed turbine location to existing buildings including purpose (e.g., residence, garages, barns, etc.), any above-ground utilities, the nearest tree(s), and all property lines.

4. Turbine Information

Specific information on the type, model, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each wind turbine being proposed, tower and electrical transmission equipment.

5. A noise compliance summary statement to demonstrate that the wind turbine will not exceed noise standards of these regulations, except for during short-term events such as utility outages and severe windstorms.

6. Drawings of the electrical components in sufficient detail to allow for a determination that the manner of electrical wiring is in compliance with the manufacturer’s specifications.

7. Any other data that the City may require of the applicant for the proposed wind turbine structure, including the tower, base, and footings in sufficient detail to allow for a determination that the proposed micro-WECS complies with these standards. The City may require an engineering analysis of the tower showing compliance with the manufacturer’s specifications.

* Editor’s Note: Gap in numbering in Ordinance 17-01. Error corrected June 28, 2017.

** Editor’s Note: Incorrect section number was used in Ordinance 17-01. Error corrected June 28, 2017.

*** Editor’s Note: Incorrect section number was used in Ordinance 17-01. Error corrected June 28, 2017.

**** Editor’s Note: Incorrect word was used in Ordinance 17-01. Error corrected June 28, 2017.

(Ord. 19-56 § 14, 2019; Ord. 17-52 §§ 40, 41, 2017; Ord. 17-01 § 4, 2017; Ord. 09-23 § 1, 2009; Ord. 09-22 § 3, 2009)