Zoneomics Logo
search icon

Lenexa City Zoning Code

ARTICLE 4

1-H PROCEDURES FOR DESIGN DETERMINATIONS

Section 4-1-H-1 APPLICABILITY.

Any application for approval of a concept, preliminary plan or final plan shall follow the procedures set forth in this Article. No building permit shall be issued for construction or remodeling of a structure other than a single-family-detached dwelling unit unless the permit is found to be consistent with an approved final development plan, including the site for which the permit is sought.

  1. Application for Rezoning: Any application for rezoning to a new zone other than AG, R-1 or RE shall be accompanied by a concept or preliminary plan, as determined by the applicant.
  2. Application for Special Use Permit: Any application for a special use permit shall be accompanied by a concept or preliminary plan, as determined by the applicant. 
  3. Application for Conditional Use Permit: (Rep. Ord. 3917, 5/18/1995)

Effective on: 1/1/1901

Section 4-1-H-2 GENERAL PROCEDURES APPLICABLE.

The general procedural provisions of Article 4-1-F of this Chapter shall apply to all applications under this Article. The provisions of this Article are supplemental to those general procedures.

Effective on: 1/1/1901

Section 4-1-H-3 PUBLIC MEETINGS AND ACTIONS ON DESIGN DETERMINATIONS.

  • Reviews, Action: The Planning Commission and Governing Body shall each review concept plans. Preliminary plans shall be reviewed by the Planning Commission and, if approved, placed on the consent agenda of the Governing Body in accordance with the requirements of this Section. Planning Commission action is final on final plans unless called before or appealed to the Governing Body in accordance with the requirements of subsection G of this Section.
  • Public Meeting Required: Prior to voting on an application for concept or preliminary plan approval, the Planning Commission shall review the application at a public meeting. The public meeting required under this subsection shall require notice in accordance with Section 4-1-F-5 and Section 4-1-F-7-C of this Chapter.
  • Action by the Planning Commission on Concept Plans: Following the final consideration of an application for concept plan approval, the Planning Commission shall recommend approval, approval with conditions or denial of the same at the earliest reasonable time and shall transmit its recommendation and an accurate written summary of the proceedings to the City Clerk.
  • Continuance of Action: Upon the written request of the applicant to the Community Development  Director, 1 continuance may be granted of the meeting before the Planning Commission, and 1 continuance may be granted for Governing Body action on the Planning Commission recommendation. Any such continuance, when requested by the applicant, shall be made to a day certain and shall be for not less than 1 month.
  • Action by Governing Body on Concept Plans: Following the receipt of the summary of the action of the Planning Commission on an application for a concept plan, the City Clerk shall submit the same to the Governing Body for action, sustaining or not sustaining the recommendation of the Planning Commission. Before acting, the Governing Body shall consider the application at a public meeting. If the action of the Governing Body constitutes an approval of the application, it may grant such approval subject to conditions. The Governing Body, as an alternative to taking action, may refer an application for concept approval back to the Planning Commission for further consideration in accordance with the comments, recommendations or questions of the Governing Body.
  • Procedure for Preliminary Plans: The Planning Commission shall review a preliminary plan at a public meeting. If the preliminary plan is denied by the Planning Commission, then the applicant may appeal the denial to the Governing Body. If the preliminary plan is approved or approved subject to conditions by the Planning Commission, then the City Clerk shall place the item on the consent agenda of the next reasonable meeting of the Governing Body occurring at least 1 week after the Planning Commission action. The Governing Body may affirm the action of the Planning Commission as part of its consent agenda. The matter may be removed from the consent agenda and considered separately by the Governing Body under procedures generally followed by the Governing Body for such actions. If the Governing Body considers the preliminary plan approval as a separate item, removed from the consent agenda, the Governing Body may affirm, reverse or modify the decision of the Planning Commission.
  • Procedure for Final Plans: The Planning Commission shall consider a final plan at a public meeting. The Planning Commission may approve or deny a final plan or approve it with conditions. The Community Development Director may place a final plan on the consent agenda of the Planning Commission if the Community Development Director finds it to be fully conforming with all applicable requirements of the preliminary plan and conditions thereon, as well as with all applicable requirements of this Code. The matter may be removed from the consent agenda and considered separately by the Planning Commission, in accordance with its procedures. Planning Commission action is final on the final plan. Any aggrieved party may appeal the action of the Planning Commission on a final plan to the Governing Body by filing a notice of appeal with the City Clerk within 14 days after the date of the conclusion of the public meeting at which such decision was made. The Governing Body may affirm, reverse or modify the decision of the Planning Commission, or it may remand the matter to the Planning Commission for reconsideration. Final plans will not be submitted to the Governing Body for approval unless 2 or more Councilmembers or the City Manager so requests within 3 working days following the Planning Commission action.
  • Supplemental Procedures for Final Plans in BP Districts Only: The community development staff shall review final plans in the BP Districts for individual buildings; provided, that a preliminary plan has been approved. The Community Development Director may place a final plan on the agenda of the Planning Commission. The Planning Commission may approve exceptions to the property development regulations if the Planning Commission finds that, in all other respects, the plan conforms with the requirements of this Code and with the Comprehensive Plan.

    • Effective on: 1/1/1901

    Section 4-1-H-4 CRITERIA FOR REVIEW.

  • Concept Plan: The criteria for review of a concept plan shall be the performance, design and other standards applicable to the property under this Chapter and consistency with the Comprehensive Plan.
  • Preliminary Plan: The criteria for review of a preliminary plan shall be the performance, design and other standards applicable to the property under this Chapter, consistency with an approved concept plan and consistency with the Comprehensive Plan.
  • Final Plan: The criteria for review of a final plan shall be the performance, design and other standards applicable to the property under this Chapter and consistency with an approved preliminary plan. No approved final plans may be modified, structurally enlarged or expanded in ground area, intensity or density to a substantial or material degree unless the preliminary site plan is amended and approved in accordance with the procedures applicable to initial approval of the plan.
  • Consistency Among Concept, Preliminary and Final Plans: In general, each stage of review is somewhat more detailed than the previous one. Thus, as more rigorous analysis, planning and engineering is conducted, some deviations from more conceptual or preliminary plans is anticipated. The general tests of consistency shall be based primarily on the following items:
    1. Uses: Consistency with the land uses designated on the concept plan. No preliminary or final plan shall be approved if it includes a land use category not specified on an approved concept plan of the site.
    2. Intensities: Consistency with the land use intensities designated on the concept plan. No preliminary plan or final plan shall be approved if it includes a greater intensity or density of any land use than is specified on an approved concept plan for that land use in that phase.
    3. Phasing: Consistency with the phasing schedule included in the concept plan. No preliminary or final plan shall be approved if it includes a substantially larger land area or a greater intensity of development than is shown on the concept plan for that phase or if it fails to include any material public improvement or amenity designated for that phase on an approved concept plan.
    4. Other: Consistency of other aspects of the plan to a reasonable extent, with greater consistency expected at those locations where the proposed plan adjoins property owned by others or the existing public street system and with somewhat more flexibility anticipated within the site.

    • Effective on: 1/1/1901

    Section 4-1-H-5 APPLICATIONS -- CONTENTS.

    An application for approval of a plan under this Article shall contain all information required by the plan submission requirements as adopted by the Planning Commission by resolution and amended from time to time. An applicant may obtain a current copy of the submission requirements from the Community Development Director without charge and may rely fully upon that copy for any submission made within 30 days of obtaining it.

    An application must be signed by the owner of the property and be accompanied by all required fees.*

    *See Title 2, Article 2-12-B of the City Code.*

    Effective on: 1/1/1901

    Section 4-1-H-6 SUPPLEMENTAL SUBMISSIONS.

    Before applying for a building permit, the applicant shall submit to the Community Development Director revised final plans showing all conditions imposed on any concept, preliminary or final plan, revised final plans showing any changes in the preliminary plan as a result of the approval of the final plan and/or the imposition of conditions on it. If the Community Development Director receives such plans and finds them to be consistent with the action of the Planning Commission and/or Governing Body, as applicable, the Community Development Director shall so notify the applicant and shall file the plans. If the Community Development Director does not receive such plans or finds them to be inconsistent with the action of the Planning Commission and/or Governing Body, as applicable, the Community Development Director shall, after giving the applicant reasonable notice (at least 10 working days) and an opportunity to cure, notify the Governing Body of the failure to comply so that the Governing Body may consider revocation of the approval or other appropriate action.

    Effective on: 1/1/1901

    Section 4-1-H-7 REAPPLICATION.

    In the event that a final plan is disapproved or denied, in whole or in part, the applicant may submit a revised final plan for review and approval. The procedure shall be the same as that established elsewhere in this Article.

    Effective on: 1/1/1901

    Section 4-1-H-8 AMENDMENT OF FINAL PLANS.

    No approved final plans may be modified, structurally enlarged or expanded in ground area, intensity, or density to a substantial or material degree unless the preliminary site plan is amended and approved in accordance with the procedures applicable to initial approval of the plan.

    Effective on: 1/1/1901

    Section 4-1-H-9 SINGLE STRUCTURE.

    The Community Development Director may administratively approve an application for an amendment to a final plan where the effect of such amendment is simply to show the precise location of a structure, where the existence of such a structure was clearly contemplated in the approval of the final plan and where the proposed structure is in every way consistent with the final plan and with all conditions imposed thereon.

    Effective on: 1/1/1901

    Section 4-1-H-10 EFFECTIVE PERIOD FOR PLANS.

  • Concept Plan: A concept plan approval shall remain in effect unless the applicant or the applicant's successor fails to file a preliminary plan application meeting the requirements of Article 4-1-H for any phase of the project within two years after the date of concept plan approval. Upon such a failure to timely file a proper preliminary plan application, the concept plan will be void.
  • Preliminary Plan: A preliminary plan approval shall remain in effect unless the the applicant or the applicant's successor fails to file a final plan application meeting the requirements of Article 4-1-H  for any phase of the project within two years after the date of approval. Upon such a failure to timely file a proper final plan application, the preliminary plan will be void.  If a final plan is approved for only a portion of the area covered by a preliminary plan, the remainder of the preliminary plan for which no final plan has been submitted will remain valid for a maximum period of ten years from the date of initial preliminary plan approval.
  • Final Plan: A final plan approval shall remain in effect unless the applicant or the applicant's successor fails to file an application for a building permit meeting the requirements of Article 4-8-A for 1 or more buildings consistent with such final plan, if any buildings are shown thereon, within two years following the approval of the final plan or, if a plat is required, following the approval of the final plat.  Upon such a failure to timely file a proper building permit application, the final plan will be void. 
  • Extension: The Community Development Director, at his discretion, may, upon written application of the property owner and for good cause shown, grant one, 1 year extension of the expiration date for concept, preliminary and final plans. Consideration for an extension shall be based upon, but not limited to, factors such as whether changes in the Lenexa City Code, or other applicable law, have occurred that would impact the proposed development and whether there have been any substantial changes to the plan as previously approved.
  • Effect of Lapse: If a concept, preliminary plan or final plan shall lapse in accordance with this Section, such concept, preliminary or final plan (and the applicable portion of any concept, preliminary plan underlying such final plan) shall remain in effect as to those portions of the project contemplated on the plan for which all required permits have been issued on the date of lapse and for any lots shown on any final plats approved on the date of lapse. As to all other land shown on such concept, preliminary or final plan, the plan shall be void and of no effect, and no permits shall be issued in reliance thereon.
  • Administration of Lapse: The Community Development Director shall establish and maintain an administrative system for determining the dates on which all concept, preliminary and final plans approved under this Chapter will lapse.
  • Vesting of Rights: Rights to develop shall vest only in accordance with the express terms of K.S.A. 12-764, as amended. The approval of plans under this Chapter or any other part of this Code shall not vest rights and shall grant only those privileges expressly set forth herein. The approval of a plan shall not be construed to waive or alter the requirement to comply with more detailed or more rigorous requirements applicable to a later stage of review of the same project.

    • Effective on: 1/1/1901