REZONING/ ZONING AMENDMENT PROCESS Table of Contents

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1 REZONING/ ZONING AMENDMENT PROCESS Table of Contents Purpose of Rezoning/Zoning Amendment Process Step 1 Pre Application Process Step 2 Filing the Application Step 3 Development Review Committee (DRC) Step 4 Applicant s Meeting Step 5 Planning Commission Meeting Step 6 City Council Revised 12/2016 OlatheKS.org Page 1

2 Purpose of Rezoning Back to Table of Contents This section provides a way to change the Zoning Map. Zoning Map changes can occur as the result of a change in the Comprehensive Plan, changes in local conditions, or other factors allowed by Kansas law. The purpose of a rezoning is for property owners to modify permitted land uses, yard setbacks, building heights and other requirements of the City s Unified Development Ordinance (UDO) for the development of a property. UDO A. Applicability This section applies to any application to amend the Zoning Map B. Initiation 1. A rezoning application may be filed by the Governing Body, the Planning Commission, the landowner or the landowner s agent. Pre-application is required if the application is filed by a landowner (see Section ). 2. If the rezoning involves a specific development proposal, a neighborhood meeting is required (see Section ). C. Decision 1. Notice by publication and to surrounding property owners is required (see Section ). 2. The Planning Commission submits a recommendation and the Governing Body renders a final decision, as provided in Section B. (Public Hearings and Decisions) The Governing Body approves a rezoning by ordinance. D. Protest Petition 1. When an applicant submits a rezoning or special use permit application, a mechanism exists, called a protest petition, whereby property owners in the vicinity of the subject property of the application, can create a requirement for a higher threshold of approval on the part of the Governing Body. The higher threshold takes the following form: if a valid protest petition is filed, an ordinance approving the rezoning or special use application shall not be passed except by the affirmative vote of at least three-quarters (3/4) of the members of the Governing Body. 2. A protest against any rezoning or a special use permit application shall be filed in the City Clerk's office no later than the end of the business day (5:00 PM) on the fourteenth (14th) day following the date of the conclusion of the Planning Commission's public hearing held pursuant to the publication notice. For the purposes of calculating the fourteen (14) day period, weekends and holidays are counted. However, if the last day is a nonbusiness day for City offices, then the filing deadline is 5:00 PM on the next regular business day. 3. A protest petition must be timely filed and duly signed and verified by the owners of record of twenty (20) percent of the total area required to be notified by state statutes, except public streets and ways, located inside or outside the City s corporate limits, in accordance with Section B. Revised 12/2016 OlatheKS.org Page 2

3 4. The Planning Official shall verify the genuineness and correctness of the signatures on the protest petition, either individually or collectively. 5. Once a valid protest petition is filed with the City, it may not be withdrawn unless every person that signed the original petition signs a verified affidavit which states and fully explains the rights being waived by the withdrawal of the protest petition. Affidavits of withdrawal must be filed with the City Clerk on or before the last regular business day preceding the Governing Body meeting for which the protest applies. E. Rezoning for Lesser Change 1. The Planning Commission may recommend, and the Governing Body may adopt, a change in zoning which is a lesser change than the one requested, if the more restrictive district is in the same residential, commercial or industrial grouping as the district for which the change was requested. The hierarchy of districts is designated below: Most Restrictive Least Restrictive R-1, R-2, R-3, R-4 O, C-1, C-2, C-3, C-4 M-1, M-2, M-3 Most Restrictive Least Restrictive 2. The adoption of a lesser district shall only be approved with the consent of the applicant. 3. A change to a residential district will not be approved if the application is for a commercial or industrial district, and a commercial district will not be approved if the application is for an industrial district. Applications for Districts AG, N, D, BP, TOD, PD, or PR may not be changed to another category unless a new application is filed. 4. A planned district shall be equally restrictive as its equivalent district. However, the Governing Body may refer any the application back to the Planning Commission for further consideration if it considers the referral advisable and in the best interest of the public and the applicant. F. Approval Criteria In considering any application for rezoning, the Planning Commission and the Governing Body may consider the criteria stated below, to the extent they are pertinent to the particular application: 1. Whether the proposal conforms to the Comprehensive Plan and any other recognized plans, studies or policies normally utilized by the City in making land use decisions. 2. The character of the neighborhood including but not limited to: a. land use, b. zoning, c. density (residential), d. floor area (non-residential and mixed use), e. architectural style, f. building materials, Revised 12/2016 OlatheKS.org Page 3

4 g. height, h. structural mass, i. siting, j. open space. 3. The zoning and uses of nearby properties, and the extent to which the proposed zoning district is in harmony with those zoning districts and uses. 4. The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations. 5. The length of time the property has remained vacant as zoned. 6. The extent to which approval of the application would detrimentally affect nearby properties. 7. The extent to which development under the proposed district would substantially harm the value of nearby properties. 8. The extent to which the proposed district 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. 9. The extent to which the proposed use would create excessive air pollution, water pollution, noise pollution or other environmental harm. 10. The economic impact of the proposed use on the community. 11. The gain, if any, to the public health, safety and welfare due to denial of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application. 12. The recommendation of professional staff. 13. Any other factors which may be relevant to a particular application. G. Subsequent Applications 1. When a rezoning application is withdrawn by the applicant or denied by the Planning Commission or the Governing Body, 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 different zoning classification can be submitted at any time. In addition, a new application showing major modifications and/or revisions to the withdrawn or denied application may be submitted at any time. H. Appeals of Final Decisions Any person, official or agency aggrieved by a final decision on a rezoning application shall file any appeal in the district court of Johnson County within thirty (30) days of the final decision. Revised 12/2016 OlatheKS.org Page 2

5 I. Scope of Approval A rezoning does not authorize development. Any development that occurs after the rezoning requires additional approval, which may include subdivision plat or site development plan approval, if applicable, and building permits and certificates of occupancy. J. Recordkeeping A rezoning is recorded as follows: 1. The City Clerk maintains a record of all ordinances that change the zoning classification of the area or property, and 2. The Planning Department revises the Zoning Map to reflect the new zoning classification for the property. In the event that any section of this document conflicts with the City s Unified Development Ordinance (UDO), the requirements of the UDO shall prevail. Step 1 Pre-Application Process Back to Table of Contents The UDO requires the applicant to meet with City Planning staff prior to submitting a rezoning application. There are two types of pre-application meetings, depending on the scope of the project: (1) a Discovery meeting; and (2) a Project Evaluation meeting. More than one pre-application meeting may be required by staff as needed. A. Discovery Meeting This meeting gives staff the opportunity to identify issues that may be addressed prior to the application being submitted and to identify special studies needed in conjunction with the application. In addition, the meeting allows the applicant to explain issues that shaped the initial design of the project and to ask questions about the rezoning application procedures. This exchange of information can often make the rest of the process go more smoothly. It is not necessary to have detailed plans drawn prior to the discovery meeting. However, the more information brought to the meeting (even in sketch form), the more thorough and specific the staff can be in response. The purpose of the discovery meeting is to: Acquaint the applicant with the procedural requirements; Provide for an exchange of information regarding the applicant s proposed development and the regulations, restrictions and requirements, the Comprehensive Plan and other development requirements; Advise the applicant of any public sources of information that may aid the application, identify policies and regulations that create opportunities or pose significant restraints for the proposed development, Revised 12/2016 OlatheKS.org Page 4

6 Review proposed concept plans and provide the applicant with opportunities to enrich the development plan in order to mitigate any undesirable project consequences; Review the compatibility with adjacent land uses, either proposed or existing; and Provide general assistance by City staff on the overall design of the proposed development. Depending on the complexity of the project, this meeting may be waived at the discretion of the Planning representative. Applicants may schedule discovery meetings by calling the Planning Division at , Monday through Friday, 8 am to 5 p.m. Electronic project information may be ed to Jana Hartnett at jhartnett@olatheks.org. Please be aware that the discovery meeting is not intended to cover all issues related to the development process, and decisions/discussions during the pre-application process are subject to change based on information submitted at the time the application is filed. B. Project Evaluation Meeting This meeting allows staff to meet with the applicant and discuss the changes made to the project up to this point, as well as additional concerns both parties may have during the remainder of the preliminary plat process. At the conclusion of this meeting, the applicant should be aware of all materials needed for filing the application and the correct format for all documents. Additional staff comments and revisions may be required as a result of this meeting. Depending on the changes required by City staff, it may be necessary to have a second project evaluation meeting prior to filing the application. The purpose of the project evaluation meeting is to: Provide a more in-depth review of the preliminary development plan with the applicant prior to filing the application; Review preliminary development plan corrections based on comments made by the applicant with respect to staff s comments during the discovery meeting; Advise the applicant of any additional revisions that are necessary prior to filing the application; and Provide general assistance by City staff on the overall design of the proposed preliminary development plan. Revised 12/2016 OlatheKS.org Page 5

7 The applicant should provide the following information for the meeting: Project Evaluation Check List Yes No N/A Submit digital drawing to Planning prior to meeting (.pdf) Plan showing proposed layout with dimensions and contours 100 year floodplain information Location and vicinity map Location and type of existing and proposed utilities Existing uses, structures, activities and influences on site and adjacent properties within 400 feet. Description of any streets and roads that 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 and culverts. Applicants may schedule project evaluation meetings by calling the City Planning Division at , Monday through Friday, 8 am to 5 pm. Electronic project information may be ed to Jana Hartnett at jhartnett@olatheks.org. Please be aware that the project evaluation meeting is not intended to cover all issues related to the development process, and decisions/discussions during the pre-application process are subject to change based on information submitted at the time the application is filed. Step 2 Filing the Application Back to Table of Contents An application for rezoning must be completed and submitted to the City Planning Division, with the proper filing fee, payable to the City of Olathe. See the Schedule of Fees and Charges for the applicable application fee. An application may be withdrawn at any time upon written request; however, no refund will be made after the application has been accepted. A complete application consists of all items identified in the Submittal Requirements checklist (see attached pages). Rezoning applications will be placed on the Planning Commission agenda based upon the completeness of the application submittal. All additional information, which is to support the application, must be submitted by the deadline date. Failure to meet the application submittal requirements checklist will result in the application being rejected. Revised 12/2016 OlatheKS.org Page 6

8 Rezoning Submittal Requirements (This form must be completed and submitted with application) Completed by Staff at Pre-Application Meeting Project Name/Location: PRE- - Planner Name: Date: Submittal Requirements Required Submitted Yes No Yes No Completed application form with names and addresses of developer, owner, engineer and/or architect Ownership affidavit A statement of the purpose for the requested rezoning Filing fee - See Planning Application Fees Legal Description of the property in print and on disk (Microsoft Word) Digital copies of the site plan or plat and all required studies and reports (.pdf) One 8"x11" reduction of each sheet in the preliminary plans Eight (8) folded copies of the preliminary plat or site development plan with items for submittal checklist per Section of the Unified Development Ordinance Assurances of adequate public facilities as required by Section of the Unified Development Ordinance Completed Rezoning submittal requirements (this form). All studies as may reasonably be required by the Planning Manager or his/her designee (NOTE: This requirement may be appealed to the Planning Commission). Traffic impact study according to Access Management Plan Preliminary water quality report per Olathe Municipal Code Title 17 Stormwater management report (detention required) per Olathe Municipal Code Title 17 Stormwater drainage plan with computations per Olathe Municipal Code Title 17 Applications missing any of the above items will be considered incomplete and rejected. Revised 12/2016 OlatheKS.org Page 7

9 Step 3 Development Review Committee (DRC) Back to Table of Contents Every application goes through a detailed staff review. Although a member of the Planning staff is assigned to coordinate the review of each application, the focal point of the process is the meeting of the Development Review Committee. This is a staff-only committee consisting of 10 to 15 representatives of various city departments that review each item on the agenda, and identifies relevant issues. From this meeting, the departments will prepare written comments on the proposed application. The staff comments will be sent to all parties listed on the application form (via fax or ) on the Wednesday before the Monday Applicant s Meeting. (See Planning Commission Calendar) The comments prepared by staff based on this meeting are intended to be a complete list of changes required by the applicant prior to the Planning Commission meeting. However, some circumstances may warrant additional staff comments following the applicant meeting to ensure compliance with city codes and ordinances. For example, if a change is requested by City staff and the solution presented by the applicant creates an unforeseen issue, staff may provide additional comments to correct the problem. Step 4 Applicant s Meeting Back to Table of Contents The applicant will meet with staff (generally, Planning, Public Works, Code Administration, Fire, Utilities, Traffic and Parks) at City Hall. This meeting is not the appropriate forum to discuss policy issues or negotiate any agreements. The applicant s meeting is: To allow City staff to present preliminary comments regarding the development plans and discuss revisions with the applicant. To give the applicant an opportunity to ask questions. To work out a schedule for submitting revised plans. If a case involves policy issues or items that may be resolved through a development agreement, City Planning will schedule a separate meeting with appropriate City staff. However, alternative solutions to technical problems that are within the authority of the staff to consider may be discussed. If an applicant has questions, it would be helpful to call ahead of time so the staff can be prepared with answers at the meeting. If extensive changes are being made or more information is needed to adequately review the application (e.g. additional traffic or engineering studies), then the application may be continued (i.e., rescheduled to a later Planning Commission meeting date to allow time for the necessary work to be completed). Revised 12/2016 OlatheKS.org Page 8

10 Step 5 Planning Commission Meeting Back to Table of Contents The Olathe City Planning Commission meets on the 2nd and 4th Monday of each month at 7:00 p.m. in the City Hall Council Meeting Room at 100 E. Santa Fe. THE AGENDA AND STAFF REPORTS WILL BE AVAILABLE THE WEDNESDAY PRECEDING THE PLANNING COMMISSION MEETING. The chairperson will open the public hearing for each case to hear presentations by the planning staff, the owner or authorized agent, and the audience, respectively. After everyone has had the opportunity to speak, the Planning Commission will close or continue the public hearing to a later date. After the public hearing is closed, discussion will be limited to the Planning Commissioners and action will be taken in the form of a recommendation for approval or denial to the City Council. After the conclusion of the public hearing, a 14 day protest period begins. During the protest period, property owners within the notification area of the subject property may file, with the City Clerk, a petition indicating their protest to the requested rezoning. The submission of valid protest petitions from property owners of 20 percent of the land within the notification area of the subject property within the allotted time will require a three-quarter vote for approval by the City Council. Copies of protest petitions and instruction sheet may be obtained from the City Planning Division or the City Clerk. Presentations should be a brief description of the proposed project and include responses to any concerns raised in the City staff s report and any additional information which the applicant wishes to bring to the meeting (for example, color renderings, maps, photographs, or petitions). All additional information shall be provided to staff in advance, so it can be included in the Commissioners packets. Approval or conditional approval of the rezoning/preliminary plat does not constitute an acceptance of the subdivision but is deemed to be an authorization to proceed with the preparation of the final plat. Step 6 City Council Back to Table of Contents After the protest period has concluded, the application will be placed on an agenda for City Council action (approximately 30 days after the conclusion of the public hearing). The City Council meets on the 1st and 3rd Tuesday of each month in formal session, at which time rezoning applications will be considered. The City Council will review the minutes of the public hearing and the recommendation of the Planning Commission and will take action by concurring with or overriding the Planning Commission recommendation, or by returning the request to the Planning Commission. Revised 12/2016 OlatheKS.org Page 9

11 FEE: APPLICATION FO R REC D BY: DATE PAID: (STAFF USE ONLY) REZONING/ ZONING AMENDMENT CITY OF OLATHE, KANSAS CASE NO.: RZ- PC DATE: (STAFF USE ONLY) PLANNER: PLEASE PRINT LEGIBLY DEADLINE FOR SUBMITTALS IS NOON REQUESTED REZONING FROM: TO OR PRESENT ZONING DISTRICT PROPOSED ZONING DISTRICT ZONING AMENDMENT FOR: ZONING DISTRICT GENERAL LOCATION OR ADDRESS OF SUBJECT PROPERTY: PLAT NAME/LOT AND BLOCK NO. OR LEGAL DESCRIPTION: AREA OF SUBJECT PROPERTY: ACRES CURRENT LAND USE: PROPOSED LAND USE: PROPERTY OWNER S NAME(S): COMPANY: PHONE: FAX: MAILING ADDRESS: ADDRESS: STREET CITY STATE ZIP APPLICANT/AGENT S NAME(S): COMPANY: PHONE: FAX: MAILING ADDRESS: ADDRESS: STREET CITY STATE ZIP ENGINEER/ARCHITECT'S NAME(S): COMPANY: PHONE: FAX: MAILING ADDRESS: ADDRESS: STREET CITY STATE ZIP NOTE: (SEE ATTACHED SUBMISSION REQUIREMENTS.) TEN (10) FOLDED COPIES OF THE SITE DEVELOPMENT CONCEPT PLAN(S) MUST ACCOMPANY THIS APPLICATION FOR STAFF REVIEW. ONE (1) REDUCED COPY (8 ½" X 11") OF ALL PLANS MUST ALSO BE SUBMITTED WITH THE APPLICATION. PLEASE SUBMIT THE FOLLOWING IN PRINT AND DIGITAL FILES ON A CD: LEGAL DESCRIPTION OF THE PROPERTY (WORD), THE SITE PLAN OR PLAT (PDF), AND ALL REQUIRED STUDIES OR REPORTS (PDF). AFTER STAFF REVIEW, 10 COPIES WILL BE REQUIRED FOR DISTRIBUTION TO THE PLANNING COMMISSION. PLEASE FOLD PLANS FOR SUBMITTAL SIGNATURE OF OWNER OR AGENT: NOTE: IF NOT SIGNED BY OWNER, AUTHORIZATION OF AGENT MUST ACCOMPANY APPLICATION Revised 12/2016 OlatheKS.org Page 10

12 REZONING/ AMENDMENT PUBLIC NOTIFICATION INSTRUCTIONS SIGN: After application has been made for rezoning, the city will supply the applicant with the required number of signs to be posted on the property. The applicant shall post the sign(s) no later than 20 days before the date of the public hearing (see attached schedule). The applicant is also responsible for the maintenance of the sign(s) in legible condition until the public hearing has concluded. CERTIFIED LETTERS: The applicant will be responsible for mailing notices (see attached form letter) of the public hearing for the proposed rezoning by CERTIFIED MAIL, RETURN RECEIPT REQUESTED to all owners of land within the notification area 200 feet within the city limits; 1,000 feet in the unincorporated area) of the subject property. THESE NOTICES MUST BE SENT A MINIMUM OF 20 DAYS PRIOR TO THE PUBLIC HEARING (see attached schedule). A general location map and legal description of the subject property should be attached to the notice. THE RETURN CARDS (GREEN) OR CERTIFIED MAIL RECEIPTS MUST BE SUBMITTED TO THE PLANNING OFFICE NO LATER THAN THE WEDNESDAY PRECEDING THE PLANNING COMMISSION MEETING. Information regarding ownership of the land within the notification area can be obtained from the Johnson County Department of Records and Tax Administration, or through a title insurance company (preferred method). A LIST OF PROPERTY OWNERS WITHIN THE NOTIFICATION AREA MUST BE SUBMITTED WITH THE APPLICATION. AFFIDAVITS OF COMPLIANCE: Affidavits (see attached forms) concerning the posting of the sign(s) and the mailing of property owner notification letters MUST BE RETURNED TO THE PLANNING OFFICE BY THE WEDNESDAY PRECEDING THE PLANNING COMMISSION MEETING. Revised 12/2016 OlatheKS.org Page 11

13 PROPERTY OWNER NOTIFICATION AFFIDAVIT STATE OF KANSAS Case No. RZ- COUNTY OF JOHNSON state: I,, of lawful age being first duly sworn upon oath, That I am the (agent, owner, attorney) for the property for which the application was filed and did, not later than twenty (20) days prior to the date of the public hearing scheduled before the Planning Commission, mail certified notice to all persons owning property within the notification area (two hundred [200] feet in the city of Olathe; one thousand [1,000] feet in the unincorporated area) of the subject property, in compliance with the Unified Development Ordinance, Chapter 18.12, Section These notices were mailed on the day of, 20. Further affiant saith naught. Signature of Agent, Owner or Attorney Subscribed and sworn to before me this day of, 20. Notary Public My Commission Expires: Revised 12/2016 OlatheKS.org Page 12

14 PROPERTY OWNER NOTIFICATION LETTER Case No. RZ- Dear Property Owner: This is to notify you that a public hearing will be held at the Olathe City Hall Council Meeting Room at 100 E. Santa Fe, Olathe, Kansas, to consider a Rezoning request from (present zoning) to (proposed zoning), or a Zoning Amendment for district (present zoning) on the following described tract of land: Legal Description: General Location: (See general location map attached) A public hearing will be held to consider the rezoning request on the above-described tract at 7:00 PM on _, 20. Any interested persons or property owners are invited to attend. Information regarding this rezoning application is available in the Planning Office at City Hall (phone , City Planning Division, TTY ), or you may contact the undersigned for additional information regarding this rezoning request. A fourteen (14) day protest period begins at the conclusion of the public hearing during which you may file a protest petition with the City Clerk. If valid protest petitions are received from property owners of twenty (20) percent of the land within the notification area, exclusive of the public right-of-way, a threequarters (¾) vote of the City Council is required to approve this rezoning request. Copies of the protest petitions are available from City Planning Division, or from the City Clerk. Respectfully, Applicant (or Owner or Agent) PHONE: ADDRESS: STREET CITY STATE ZIP In compliance with the Americans with Disabilities Act, the City of Olathe will provide reasonable accommodations for all public meetings. Persons requiring accommodations in attending any of our public meetings should contact the City Clerk s office at a minimum of 48 hours prior to the meeting. Revised 12/2016 OlatheKS.org Page 13

15 CITY OF OLATHE OWNERSHIP AFFIDAVIT STATE OF KANSAS ) COUNTY OF JOHNSON ) ss. Comes now (owner) who being duly sworn upon his/her oath, does state that he/she is the owner of the property legally described as In the application for (description of application) Acknowledge the submission of said application and agree to bind the subject property in accordance with the plan submitted as part of the above application. Dated this day of, 20. Signature of Owner Printed Name Subscribed and sworn to before me this day of, 20. Notary Public My Commission Expires Revised 12/2016 OlatheKS.org Page 14

16 SIGN POSTING AFFIDAVIT STATE OF KANSAS Case No. RZ- COUNTY OF JOHNSON I,, of lawful age, being first duly sworn upon oath, state: That I am the (agent, owner, attorney) of the property for which the application was filed and did, not later than twenty (20) days prior to the date of the public hearing scheduled before the Planning Commission, place a sign upon the property in compliance with the Olathe Unified Development Ordinance, Section , and that said sign or signs were maintained to the date of the public hearing. Further affiant saith naught. Signature of Agent, Owner or Attorney Subscribed and sworn to before me this day of, 20. Notary Public My Commission Expires: Revised 12/2016 OlatheKS.org Page 15

17 City of Olathe Public Works Department Planning Division Planning Division Application Fees Schedule of Fees (Resolution No , Adopted ) PLAN REVIEW FEES: FEE Preliminary Site Development Plan... $ Final Site Development Plan... $ ADMINISTRATIVE REVIEWS:... $ BOARD OF ZONING APPEAL FEES: Appeals... $ Variances: Residential... $ Non-residential... $ REZONING FEES: TRACT SIZE FEE (1) Residential Zone changes 0-5 acres... $ (A and RR to R5 and RP to RP-5) acres... $ acres... $ acres... $ and Up... $ (2) Office, CBD, Business Park 0-5 acres... $ and Commercial Zone changes acres... $ (C-O to C-3 and CP-O to CP acres... $ and BP) acres... $ and Up... $ (3) Industrial Zone changes 0-5 acres... $ (M-1 to M-3 and MP acres... $ to MP-3) acres... $ acres... $ and Up... $ (4) Mixed Zone change applications 0-10 acres... $ that combine in any form of A,B, acres... $ or C classifications listed above, acres... $ and TN,NC and PMUD applications acres... $ and Up... $ ZONING AMENDMENT FEE:... $ LOT SPLIT APPLICATION FEE:... $ STREET, UTILITY AND ALLEY VACATION FEES... $

18 SPECIAL USE PERMIT FEES: (1) Initial Application 0-10 acres... $ acres... $ and Up acres... $ (2) Renewal of Special Use Permit for the keeping of horses, ponies, swine, goats, cows, chickens or other animals on less than three acres; group care homes and childcare centers including preschools... $ (3) Renewal of Special Use Permit for land use.... $ PLAT / RECORDING FEES: The following fees shall be paid by all persons or corporation submitting preliminary, minor and final plats for approval by the Planning Commission and shall be computed to the nearest dollar. $ $ Per lot for 10 or less lots in a subdivision $ $ Per lot for 11 to 50 lots in a subdivision $ $ Per lot for 51 to 150 lots in a subdivision $ $ Per lots for 151 to 500 lots in a subdivision $ $ Per lots for 501 or more lots in a subdivision $ recording fee - charged for all final plats (including minor plats) If the preliminary plat and final plat include the same area to be subdivided and are submitted together in one application, only one fee shall apply. The recording fee is paid at the time of final plat application to cover the costs of recording the plat with Johnson County Records and Tax Administration. TEMPORARY SALES & EVENTS PERMIT FEES: Examples include: Christmas tree sales; seasonal sale for produce; seasonal sale of landscape plantings, materials, and lawn and garden supplies (as accessory sales to a business with other commercial activities); carnivals, circuses, fairs; commercial tent sales or sidewalk sales... $ FEES TO BE PAID AT TIME OF PLATTING: Transportation Improvement Tax Street Excise Tax...$0.215/square feet Traffic Signal Excise Tax Single Family District...$0.0037/square foot Multifamily District...$0.0120/square foot Commercial District...$0.0576/square foot Other District...$0.0098/square foot (Street and Traffic Signal Excise fees are due prior to recording final plat) FEES TO BE PAID PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: Park Excise Tax Residential...$520.00/per dwelling unit Commercial...$0.13/square feet of gross floor area Industrial...$0.07/square feet of gross floor area (Park Excise fees are paid with the building permit)

19 Revised 12/2016 OlatheKS.org Page 20

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