Rezoning

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What is Rezoning? 

When owners want to develop or use their property in ways that do not conform to their current zoning regulations, they must apply for a change to their zoning classification, also commonly referred to as a Rezoning.

When requesting a rezoning in Olathe:

1. Pre-application Meeting:

Rezoning requires a public hearing before the Olathe Planning Commission. For all applications that involve a public hearing, the applicant is required to meet with a city planner prior to formal submission of an application.

2. Submit rezoning application:

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

With the rezoning application, the following is also submitted:

  1. Legal description of the property;
  2. Names and addresses of owner, applicant and agent;
  3. A statement of the reasons why rezoning is being requested;
  4. 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 pre-application meeting; and
  5. In the case of an application for rezoning to a conventional zoning district, a site development concept plan.

3. Notice to surrounding property owners:

  1. The applicant shall mail all notices at least twenty (20) days prior to the hearing to all owners of record of lands located within at least two hundred (200) feet of the area proposed to be altered for regulations of the City.
  2. Such mailed notice shall be given by certified mail, return receipt requested, and shall be in letter form stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing.

4. Sign posting:

  1. The applicant shall place a sign on the property informing the general public that a public hearing will be held at a specific time and place concerning proposed changes in use. The sign shall be furnished by the City to the applicant, and the applicant shall maintain the sign for at least the twenty (20) days immediately preceding the date of the public hearing.
  2. The applicant shall file an affidavit with the secretary of the Planning Commission at the time of the public hearing verifying that the sign has been maintained and posted as required by this ordinance and applicable resolutions.

5. The Site Development Plan shall consist of the following:

  1. Existing uses, activities and influences on the site and adjacent properties, within two hundred (200) feet;
  2. 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);
  3. Indicate the status of structures on the site (i.e., vacant, to be removed; good condition, interior remodel only; new, as is; etc.). Indicate the style, type and construction materials of buildings on adjoining properties (i.e., two-story, brown brick ranch residence; 20 foot tall tinted concrete panel industrial building; etc.);
  4. Existing and proposed finished grades or contours at two (2) foot intervals. Identify any land areas within the one hundred (100) year floodplain. Existing streams, drainage channels and other bodies of water. All existing and proposed slopes in excess of ten (10) percent;
  5. The location, size, cross-section and calculation of any drainage structures, such as culverts, paved or earthen ditches or storm water sewers and inlets;
  6. Location, massing and pattern of existing vegetation. Indicate proposed on-site preservation; and
  7. Existing zoning and land use of site and surrounding properties.

6. The Site Development Plan shall also provide:

  1. 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;
  2. Sufficient dimensions to indicate setbacks, relationship between buildings, property lines, intersections, easements, parking areas and other elements of the plan;
  3. Building elevations depicting the architectural style, size, exterior construction materials, and colors of the buildings proposed;
  4. A schedule shall be included indicating total floor area, land area, parking spaces, land use intensity and all other quantities relative to the submitted plan that are required to determine compliance with the City’s Unified Development Ordinance;
  5. General extent and character of all proposed landscaping noting common and botanical names and planting size;
  6. Proposed utility connection layout;
  7. Name and address of the landowner;
  8. The boundary lines of the area included in the site plan, including bearings, dimensions and reference to a section corner, quarter corner or point on a recorded plat;
  9. North arrow and scale (standard engineer for site development plan and standard architectural for building elevations/details);
  10. A small key map indicating the location of the property within the City;
  11. Name and address of the architect, landscape architect, Planner, engineer, surveyor, or other person involved in the preparation of the plan; and
  12. Date of preparation of the plan.