The development pyramid illustrates how the various types of development applications considered by the Planning Commission and City Council relate to each other and to the building permit review process. Additional details about a development are required with each subsequent application.

Most developments begin at the bottom of the pyramid and work their way through all the stages in the pyramid before building permits are issued.

Rezoning

A rezoning is a request to change the zoning classification applicable to one or more specific lots or tracts.

Rezoning and special use permits are often the first permits approved and provide the base on which all other applications are reviewed.

Requests for planned zoning districts (distinguished by a “P” in the title, for example CP-2, Planned General Business District) must be accompanied by:

• A site plan showing the proposed layout of the development, including building locations, parking lots, access, landscaping and buffering;
• Civil drawings to indicate existing and proposed grades, drainage patterns and locations for detention and stormwater treatment facilities; and
• Building architecture, which may be conceptual.

Requests for conventional zoning districts require only a legal description of the property requested for rezoning. Conventional rezonings typically are limited to single-family developments.

All rezoning applications require notice to surrounding property owners and a public hearing before the Planning Commission. Recommendations from the Planning Commission will be forwarded to the City Council for final action.

Submittal of a protest petition may impact the voting requirements of the Council; however, all decisions by the City Council are final unless appealed to District Court.

Special Use Permits

Some uses, such as hotels, hospitals, airports or nursing homes, only are allowed by special use permit. This allows the proposal to be reviewed on a case-by-case basis to ensure it is compatible with surrounding uses.

Special use permit requests for new buildings, such as hospitals, hotels, cell towers, etc., require the submittal of site plans, civil plans and architecture, just as a rezoning request to a planned zoning district. Other requests, such as drinking establishments and other uses within an existing building, require only a legal description.

All special use permit applications require notice to surrounding property owners and a public hearing before the Planning Commission. Recommendations from the Planning Commission will be forwarded to the City Council for final action.

Submittal of a protest petition may impact the voting requirements of the Council; however, all decisions by the Council are final unless appealed to District Court.

Preliminary Development Plans

Some development applications require the submittal of detailed plans identifying the nature of the development proposal. These include: requests for rezoning to a planned district, special use permits where a new building will be constructed and non-residential buildings in residential districts, such as religious institutions, schools and subdivision pools.

These applications must be accompanied by:

• A site plan showing the proposed layout of the development, including building locations, parking lots, access, landscaping and buffering
• Civil drawings to indicate existing and proposed grades, drainage patterns and locations for detention and stormwater treatment facilities
• Building architecture, which may be conceptual

Revised Preliminary Development Plans

Once a preliminary plan has been approved as part of a rezoning or special use permit, it may be modified. The extent of the changes will determine whether or not a new public hearing will be required to approve the revised plan.

If a revised plan meets any of the criteria for a substantial change, notice to surrounding property owners and a public hearing before the Planning Commission is required. Changes to an approved plan that are not substantial may be approved by the Planning Commission without a public hearing or notice to surrounding owners.

In the case of a preliminary development plan for a non-residential use in a residential district, such as a religious institution or school, public hearings are required before the Planning Commission.

Consideration of these applications by the City Council is only required if a valid protest petition is submitted.

Final Development Plans

While preliminary development plans include the general concept for the entire development, final development plans provide specific information about proposed construction and typically focus on one phase of the development.

As part of the final development plans, details of the site layout, including access, parking, landscaping and site grading, are finalized, and building architecture is established. Additional details, such as site lighting and signage, also may be reviewed.

Final development plans are reviewed against the approved preliminary development plan for consistency. Although some minor modifications may be allowed, substantial changes require a new preliminary plan to be filed.

The Planning Commission must approve final development plans prior to building permits being issued. No public hearing is required.

City Council approval only is required if the applicant appeals the Planning Commission decision, or if required by the Council as part of the rezoning or special use permit approval process.

Certificate of Conformity

A Certificate of Conformity is a specific type of final plan application for projects in Downtown Overland Park, which follow the downtown form based code.

These applications may be approved by staff unless deviations are required from the code.

Where there are deviations, notice to surrounding property owners and consideration by the Planning Commission and City Council is required.

Plats

Platting involves the subdivision of land into lots or tracts. A plat is recorded as a permanent legal document that includes both an accurate description and graphical depiction of any real property that is to be divided.

The intent of platting is to provide a readily accessible and easily understandable public record of property. Property must be platted before a building permit can be issued.

Platting ensures

• Lots are arranged in a sensible pattern for the intended use.
• Streets and public improvements are planned to serve the needs of each lot and surrounding properties.
• Consistency between subdivisions.
• An opportunity for public review and comment on the proposed plat layout.

Preliminary Plats

The preliminary plat dictates sizes and shapes of lots, the relationship between existing and future streets, location of proposed public improvements, and location of lands dedicated for public purposes.

Preliminary plats demonstrate the overall subdivision concept for an entire ownership tract, showing the general lot configuration, street layout and existing topography.

Preliminary plats require notification to surrounding property owners and a public hearing at the Planning Commission; they do not require City Council approval.

Final Plats

The final plat must conform to the approved preliminary plat. No public hearing is required.

If the plat contains public right-of-way (or other property that is proposed to be dedicated to the city) the application will be heard by the City Council for acceptance of the public lands.

Property owners and city officials will sign an approved version of the final plat drawing that will ultimately be recorded by the Johnson County Department of Records and Tax Administration.

Building Permits

Building permits begin the demolition or construction process and are generally considered after all required development approvals are obtained.

The Unified Development Ordinance establishes criteria for review of development applications. Criteria for review are different depending on the type of application.

To learn about what criteria staff and the Planning Commission will use to review a particular application, open the accordion for each respective application type below.

Rezoning + Special Use Permits

Criteria include:

• The current zoning and uses of nearby properties, and the character of the neighborhood.
• The extent to which the proposed use would adversely affect the capacity or safety of that
  portion of the road network influenced by the use, or present parking problems in the vicinity
  of the property.
• The extent to which utilities and services, including but not limited to, sewers, water service, police and fire protection, and parks and recreation facilities, are available and adequate to serve the proposed use.
• The extent to which the proposed use would create excessive stormwater run-off, air
  pollution, water pollution, noise pollution or other environmental harm.
• The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to the zoning district regulations or unified development ordinance.
• The conformance of the proposed use to the comprehensive plan, the land use intensity
  system, and other adopted planning policies.
• The recommendation of professional staff.
• The length of time the property has been vacant as it is currently zoned.
• Conformance to the Comprehensive Plan and other adopted planning policies.
• Any gain to the public health, safety, and welfare due to the application denial, as compared to the hardship imposed on the landowner, if any, as a result of the application denial.

The Planning Commission and City Council may also consider other relevant factors.

Revised Preliminary Development Plans

When preliminary plans are approved as part of a rezoning or special use permit application, future
development must comply with the approved development plans for the property. While some minor modifications can be made, changes that are considered substantial require consideration by the Planning Commission and City Council at a public hearing.

Substantial changes include any of the following:

• Increases in the density or intensity of residential uses of more than five percent.
• Increases in the total floor area of all nonresidential buildings covered by the plan of more than ten percent.
• Increases of lot coverage of more than five percent.
• Increases in the height of any building of more than ten percent.
• Changes of architectural style which will make the project less compatible with surrounding uses.
• Changes in ownership patterns or stages of construction that will lead to a different development concept.
• Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.
• Decreases of any peripheral setback of more than five percent.
• Decreases of areas devoted to open space of more than fi ve percent or the substantial relocation of such areas.
• Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
• Modification or removal of conditions or stipulations to the preliminary development plan approval.
• For any development proposed in the RP-OE, RP-OS or PRN zoning districts, any change in the specified use or maintenance of any designated open space lands.
• For any development proposed in the PRN zoning district, any changes in the type of dwelling units or style of dwelling units proposed to be constructed in a particular area or block.