LOT SPLIT PROCESS. Table of Contents

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1 LOT SPLIT PROCESS Table of Contents Purpose of Lot Splits Step 1 Pre Application Process Step 2 Application Process Step 3 Applicant Resubmittal Updated: 12/2016 OlatheKS.org Page 1 of 15

2 Purpose of Lot Splits Back to Table of Contents Lot splits are used (instead of a replat) to divide an existing parcel of land into two parcels. Lots zoned for industrial purposes may be divided into two or more tracts without replatting. All surveys for lot splits include a plat of the new parcels and the required legal description to record the split. This section provides an expedited procedure to divide individual lots into 2 lots without replatting. (Unified Development Ordinance ) A. Applicability B. Initiation C. Decision 1. This section applies to Lot Splits, which include any of the following: a. A previously platted lot divided as a lot split by either metes and bounds description or by replatting. A metes and bounds division may only be divided one (1) time and by only one (1) new dividing lot line under the Lot Split Process. Any further division requires replatting. b. Lots zoned for commercial and industrial purposes may be divided into two (2) or more tracts without replatting the lot. However, the lot so produced shall conform to all minimum standards of this ordinance and other applicable coded of the City. 2. The planning Official may require the Lot Split to be approved as a Minor Plat if it determines that: a. the lot splits would result in increases in service requirements beyond those created by a single-family dwelling for utilities, schools or traffic, b. interfere with maintaining existing service levels (e.g., additional curb cuts or repaving), or c. involve private easements for access or utilities, review may be required. Lot Split applications are submitted by the landowner to the Planning Official 1. The Planning Official approves, approves with conditions, or denies a lot split. A lot split is not subject to the procedures for platting (sections to ). 2. The Planning Official shall act upon a Lot Split application within thirty (30) days after receipt of a complete application. 3. If the application is approved, the Planning Official shall sign and furnish a certificate of approval to be affixed to the lot split survey. 4. The applicant may appeal the denial of an application for a lot split to the Planning Commission. The Planning Commission shall act on the appeal within thirty (30) days following the filing. All decisions of the Planning Commission are final. D. Approval Criteria Updated: 12/2016 OlatheKS.org Page 2 of 15

3 1. All lots produced by a lot split shall conform to all minimum standards of the UDO and other applicable City codes. 2. The new lots created by a Lot Split shall include adequate street rights-of-way and easements to serve the properties. 3. No lot split shall be approved if any of the following conditions exist: a. a vacation of streets, alleys, utility easements or other public reservations is required or proposed (all of which would require a property to be re-platted in accordance with Section to or ); b. the split will result in a lot without access to a street; c. the lot split results in a lot being split into more than two (2) tracts, except as may be otherwise provided by subsection A, above. 4. The Planning Official may establish conditions of approval that are needed to carry out the intent and purpose of the requirements of this Title that exist at the time of approval and Governing Body policies where those requirements are reasonably related to the development of the properties. These include, but are not limited to, installation of public facilities, dedication of right-of-way and easements and submission of covenants for the protection of other landowners in the original subdivision. E. Subsequent Applications 1. When an application for a lot split with withdrawn or denied, 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. A new lot split application showing major modifications and/or revisions to the withdrawn or denied lot split application may be submitted at any time. F. Scope of Approval A lot split does not authorize development. After the lot split is approved, the applicant may file any required permits to develop the property, such as site plan or building permit applications. G. Recordkeeping A certified copy of the lot split shall be filed with the Register of Deeds office and the Planning Department within two (2) years following approval. Lot splits which are not timely recorded are null and void. 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 preapplication meeting may be required by staff as needed. A. Discovery Meeting Updated: 12/2016 OlatheKS.org Page 3 of 15

4 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 preliminary plat 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; 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 City Planning representative. Applicants may schedule discovery meetings by calling City Planning 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 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 lot split 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 lot split with the applicant prior to filing the application; Review lot split corrections based on comments made by the applicant with respect to staff s comments during the discovery meeting; Updated: 12/2016 OlatheKS.org Page 4 of 15

5 Advise the applicant of any additional revisions that are necessary prior to filing the application; Provide general assistance by City staff on the overall design of the proposed lot split; and 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 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 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 City Planning 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 preapplication process are subject to change based on information submitted at the time the application is filed. Step 2 Application Process Back to Table of Contents An application for lot split must be completed and submitted to City Planning with the proper filing fee, payable to the City of Olathe. See the 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) Lot split applications will be placed in the internal review process 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 denied. Once the lot split has been approved by the City of Olathe, the survey and deed must be recorded by the applicant with Johnson County Records and Tax Administration and a copy must be provided to the City of Olathe. If a building permit is required, the recorded copy must be submitted to the City prior to issuance of building permit. Updated: 12/2016 OlatheKS.org Page 5 of 15

6 Lot Split Submittal Requirements (This form must be submitted with the application) Completed by Staff at Pre-Application Meeting Project Name/Location: PRE- - Planner Name: : Submittal Requirements Required Submitted Yes No Yes No Completed application form with signatures Proof of ownership and/or authorization of applicant (i.e. Ownership Affidavit form) Legal description of the property in print and on disk (Microsoft Word) Digital copies of the lot split survey and all required studies and reports (pdf format) One 11"x17" or 8.5 x14 exhibit of each sheet in the lot split Two (2) copies of the lot split survey or exhibit Filing fee - See Schedule of Fees and Charges Complete Checklist for lot split (this form) Other utility company sign-off list completed A statement of the purpose for the requested lot split All studies as may reasonably be required by the City Planning Manager or his/her designee (NOTE: This requirement may be appealed to the Planning Commission) Duplex Submittal Requirements Signed and notarized Fire Wall Affidavit. If the property is serviced by one sewer service lateral line, a shared responsibility affidavit must be provided. On the lot split survey, verify the location of electrical service (gas and water) meters to each unit. Applications missing any of the above items will be considered incomplete and rejected. NOTE: ONCE THE LOT SPLIT HAS BEEN APPROVED BY THE CITY OF OLATHE, THE SURVEY AND DEED MUST BE RECORDED BY THE APPLICANT WITH JOHNSON COUNTY RECORDS AND TAX ADMINISTRATION AND A COPY MUST BE PROVIDED TO THE CITY OF OLATHE. Updated: 12/2016 OlatheKS.org Page 6 of 15

7 Step 3 Applicant Resubmittal Back to Table of Contents The applicant will resubmit the plans and respond in writing to Staff Comments. If further changes are needed, the applicant will receive Staff Comments and resubmit until the issues are addressed. Once the applicant has resolved the problems, staff will approve the lot split application. A signed and stamped copy of the lot split will be available for the applicant to pick up. In order to finalize the lot split, the applicant will be responsible for taking the signed copy to Johnson County for recording. Once the document has been recorded, the applicant must provide the City of Olathe Planning staff with a copy of the recorded lot split. All applications for lot splits shall be acted upon by the City Planning representative within thirty (30) days after receipt of a complete application. If the application is approved, the City Planning representative shall sign and furnish a certificate of approval to be affixed to the lot split survey, and a certified copy shall be filed with the Department of Records and Tax Administration of Johnson County, and copy returned to City Planning. Denial of an application for a lot split by the City Planning representative may be appealed to the planning commission, which shall act on the appeal within thirty (30) days following the filing. All decisions of the Planning Commission shall be final. Updated: 12/2016 OlatheKS.org Page 7 of 15

8 FEE: $70.00 REC D BY: DATE PAID: (STAFF USE ONLY) LOCATION OF LOT SPLIT APPLICATION FOR LOT SPLIT CITY OF OLATHE, KANSAS PLEASE PRINT OR TYPE CASE NO.: LS- PC DATE: (STAFF USE ONLY) PLANNER: ZONING ON SUBJECT PROPERTY CURRENT LAND USE PROPERTY OWNER NAME COMPANY ADDRESS SUITE CITY STATE ZIP PHONE FAX ADDRESS APPLICANT NAME COMPANY ADDRESS SUITE CITY STATE ZIP PHONE FAX ADDRESS Attached is a Certificate of Survey showing accurate dimensions and boundaries for each lot. NOTE: Submit two (2) copies of a plan, drawn to a standard engineering scale, and a.pdf, 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. Copies should NOT be folded. This application must be signed by all property owners (attach additional sheets if necessary), all public and/or private utility providers (see next page) and the City Engineer. Once the lot split has been approved by the City of Olathe, the survey and deed must be recorded by the applicant with Johnson County Records and Tax Administration and a copy must be provided to the City of Olathe. SIGNATURE OF PROPERTY OWNER SIGNATURE OF CITY ENGINEER RECEIVED BY DATE DATE DATE Updated: 12/2016 OlatheKS.org Page 8 of 15

9 PRIVATE UTILITY CONTACT LIST Property address or location: AT&T Attn: Rick Theno 9444 Nall Avenue Overland Park, KS Phone: Telephone Position COMCAST Attn: John Meadows 3400 NW Duncan Road Blue Springs, MO Phone: Cable Television Position Natural Gas Atmos Energy Attn: Richard Yunghans W. 110 th Terrace Olathe, KS Phone: Position Century Link Attn: Andy Tuttle 435 E. Main Gardner, KS Phone: Telephone Position Electricity (West of I-35) Westar Energy Attn: Chris Feldhausen W. 86 th St. Shawnee, KS Phone: Position Updated: 12/2016 OlatheKS.org Page 9 of 15

10 PRIVATE UTILITY CONTACT LIST Property address or location: Kansas City Power & Light Co. Attn: Randy Jamison, Newton Stilwell, KS Phone: Johnson County Wastewater Attn: Tim Reeves S. Sunset Dr, Suite 2500 Olathe, KS Phone: WaterOne Attn: Randy Freeborn Renner Blvd. Lenexa, KS Phone: Consolidated, Digital TV & Internet Attn: Tim LaForce 9669 Lackman Rd. Lenexa, KS Phone: Electricity (East of I-35) Position Sanitary Sewer Position Water Position Cable Position Updated: 12/2016 OlatheKS.org Page 10 of 15

11 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. d this day of, 20 Signature of Owner Printed Name Subscribed and sworn to before me this day of, 20 Notary Public My Commission Expires Updated: 12/2016 OlatheKS.org Page 11 of 15

12 CITY OF OLATHE Fire Wall Affidavit I affirm that a separation wall meeting the standards of at least a one-hour firewall exists between the living units at in the City of Olathe, Kansas. This separation wall exists between both units, including all attic, basements, and crawl spaces. Furthermore, I affirm that I am the property owner. Signature Printed Name Subscribed and sworn to before me this day of, 20 Notary Public My Commission Expires Updated: 12/2016 OlatheKS.org Page 12 of 15

13 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... $

14 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)