Planning and Zoning
Regular MeetingPaola, KS · January 17, 2023
Minutes
APPROVED
PLANNING COMMISSION /
BOARD OF ZONING APPEALS
JANUARY 17, 2023 MEETING MINUTES
Commissioners Present: Cowman, DeGrande, Maurer, McLean, Parks, Scott, Upshaw
Commissioners Absent:
Others Present: Jessica Newton - City of Paola
Alan Hire - Triangle Builders
LeAnne Shields and Andrea Battista
Item 1: Pledge of Allegiance.
Item 2: Consideration of minutes from the November 15, 2022 meeting.
Commissioner Cowman called the meeting to order. The next order of business was the
consideration and approval of the minutes from the November 15, 2022 meeting.
Commissioner McLean made a motion to approve the November 15, 2022 meeting minutes.
The motion was seconded by Commissioner DeGrande and all voted aye. Commissioners Parks
and Scott abstained due to being absent from the November meeting. The motion passed 5 to
0.
Item 3: Board of Zoning Appeals - Interpretation of Article 3, Section 03.210
Accessory Uses, Residential for the storage of a recreational vehicle at 3 W
4th St., Joseph Battista, owner.
City Planner Newton presented information on the recreational vehicle stored in the front
driveway at 3 W 4th St. The owner, Joseph Battista, was sent a zoning notification that the
vehicle needed to move from its current location as it did not comply with Ordinance 3194. Mr.
Battista requested Staff approach the Board of Zoning Appeals for their interpretation of the
allowed area to store the vehicle.
Andrea Battista, the wife of Joseph Battista, was in attendance to answer questions from
Commissioners. Ms. Battista stated they recently complied with Staff request to not use the
vehicle for storage and that the vehicle is in operable condition.
Commissioners Cowman and DeGrande stated Battista’s were not the only lots in Paola that
would have to store their recreational vehicles elsewhere as their own residential lots would
not comply. Commissioner Cowman stated he has a recreational vehicle that he cannot store at
his residence because it crosses into the city right-of-way. Commissioner DeGrande stated he
Paola Planning Commission Minutes
January 17, 2023
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APPROVED
does not have reasonable access to a side or rear yard of his property and would not be
allowed to store recreational vehicles as his residence.
No Commissioners made a motion to override the Zoning Administrator's interpretation of
Ordinance 3194 that the vehicle shall not be used for storage and that the vehicle extends
over the right-of-way.
Item 4: Consideration and vote to recommend approval of final site plan for Taylor
Forge, Triangle Builders, applicant.
City Planner Newton presented background information on the final site plan for a new 4,732
square foot learning center at Taylor Forge Engineered Systems, Inc. The architectural site plan
was completed by BCS Design, Inc Architects and was submitted by Triangle Builders. Since
the final site plan was not sealed by the design professional, no outside review was completed
as it would have been rejected as incomplete. Zoning requirements for minimum site area is 5
acres which is met after a recent boundary line adjustment put the total acreage at roughly
12.10 acres. Setbacks for the proposed learning center are 70.6’ and 177’ and remaining
setbacks previously existing. Parking requirements are 2.5 spaces per 1,000 square foot of
floor area plus 1 space per company vehicle. The parking plan submitted on sheet AS105
shows the number of parking stalls in the main lot to be 108 with more spaces available
around the campus. The applicant has acknowledged the parking requirements are not being
met but has asked the Planning Commission to waive the requirement. Handicap spaces
required are six (6), there are five (5) shown on the provided plan with a note that one more
will be located on Mulberry St. Parking lot surface types are required to be paved with
concrete, paving blocks, asphalt, or other all-weather surface types, gravel is not permitted.
The existing parking in the area is hard surfaced. Any future parking added to meet parking
requirements would need to be hard surfaced. The landscaping plan on sheet L100 submitted
shows landscaping in place that was required during preliminary site plan review. Parking lot
lighting additions are included and show compliance with the LDO footcandle maximums.
City Planner Newton recommended approval based on the following conditions: confirmation
of filing the Boundary Line Adjustment with Miami County prior to building permit being
issued.
Commissioner DeGrande made a motion to recommend approval of the final site plan for
Taylor Forge, Triangle Builders, applicant, with the following condition. The motion was
seconded by Commissioner Parks. The motion passed 7 to O with Commissioners Cowman,
DeGrande, McLean, Maurer, Parks and Scott voting aye. Commissioner Upshaw abstained as
he is an employee of Taylor Forge.
Conditions:
1. File Boundary Line Adjustment with Miami County prior to building permit being issued.
Paola Planning Commission Minutes
January 17, 2023
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APPROVED
Item 5: Discussion on Land Development Ordinance text addition in reference to Tiny
Homes.
City Planner Newton stated the City of Paola recently adopted the 2018 International Building
Codes which allows tiny homes in Appendix Q. A draft of changes suggested for the zoning
regulations of tiny home clusters was presented to the Planning Commissioners.
Commissioners discussed all items in Attachment A and suggested the following:
1. Cluster developments must be retained under common ownership similar to an HOA
style subdivision
2. No allowance for tiny homes on wheels
Commissioners agreed to look at the suggested wording changes at the February meeting and
then set a date for a Public Hearing to amend the Land Development Ordinance.
Item 6: Consideration and vote on a design review for a container home at 608 W
Miami St., KC Contractors, applicant.
City Planner Newton presented background information on a submitted design review for a
container home to be constructed at 608 W Miami St. The applicant, Seth Dubinick of KC
Contractors, stated the home will be constructed of four (4) containers with a traditional stick
built portion of the home in the middle section. The LDO provides the Planning Commission
the authority to approve deviations from one or more of the design standards on the basis of a
finding that the architectural style proposed provides compensating design features and that
the proposed dwelling will be compatible and harmonious with the existing structures in the
vicinity.
Commissioners discussed the impacts of allowing a container home and suggested there be
formal guidelines in place. It was also discussed that there is currently not a lot of building
being completed on the west side of town and this builder would be providing a new residence
on an existing vacant lot.
Commissioner Scott made a motion to recommend approval of the design review for a
container home to be located at 508 W Shawnee St., KC Contractors, applicant. The motion
was seconded by Commissioner Cowman with Commissioners Parks and Maurer voting aye
and Commissioners DeGrande, McLean, and Upshaw voting no.
Item 5: Community / Economic Development Director Report
City Planner Newton presented the following:
Paola Planning Commission Minutes
January 17, 2023
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APPROVED
1. Update on 719 S Silver codes enforcement
2. Rausch Coleman has submitted 3 new home permits
Item 6: Adjournment
Commissioner McLean made a motion to adjourn. The motion was seconded by Commissioner
Upshaw and all voted aye. The motion passed 7 to 0.
Paola Planning Commission Minutes
January 17, 2023
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Agenda
AMENDED
Paola Planning Commission / Board of Zoning Appeals Agenda
Tuesday, January 17, 2023 - 5:00 PM
Paola Justice Center - 805 North Pearl
YouTube Link:
https://www.youtube.com/channel/UCEIgDJjzXV_XvXznUfKQomw/featured?view_as=subscriber
1. Pledge of Allegiance.
2. Approval of the minutes from the November 15, 2022 meeting.
★ Motion__________ Second__________ Vote__________
3. Board of Zoning Appeals - Interpretation of Article 3, Section 03.210 Accessory
Uses, Residential for the storage of a recreational vehicle at 3 W 4th St., Joseph
Battista, owner.
4. Consideration and vote to recommend approval of final site plan for Taylor
Forge, Triangle Builders, applicant.
★ Motion__________ Second__________ Vote__________
5. Discussion on Land Development Ordinance text addition in reference to Tiny
Homes.
6. Consideration and vote on a design review for a container home at 608 W Miami
St., KC Contractors, applicant.
★ Motion__________ Second__________ Vote__________
7. Community / Economic Development Director Report.
8. Adjournment.
★ Motion__________ Second__________ Vote__________
Note: When addressing the Commission, please step to the podium and state your name and
address so that it can be recorded in the minutes of the meeting. In compliance with the
American with Disabilities Act, individuals needing assistance or other services or
accommodation for this meeting should contact Jessica Newton at least 24 hours in advance of
this meeting at 259-3600.
NEXT SCHEDULED MEETING
FEBRUARY 21, 2023
Draft
PLANNING COMMISSION /
BOARD OF ZONING APPEALS
NOVEMBER 15, 2022 MEETING MINUTES
Commissioners Present: Cowman, DeGrande, Maurer, McLean, Upshaw
Commissioners Absent: Parks, Scott
Others Present: Jessica Newton - City of Paola
Alan Hire - Triangle Builders
Item 1: Pledge of Allegiance.
Item 2: Consideration of minutes from the October 18, 2022 meeting.
Commissioner Cowman called the meeting to order. The next order of business was the
consideration and approval of the minutes from the October 18, 2022 meeting.
Commissioner Upshaw made a motion to approve the October 18, 2022 meeting minutes. The
motion was seconded by Commissioner DeGrande and all voted aye. The motion passed 5 to
0.
Item 3: Consideration and vote to recommend approval of preliminary site plan for
Taylor Forge, Triangle Builders, applicant.
City Planner Newton presented background information on the preliminary site plan for a new
4,732 square foot learning center at Taylor Forge Engineered Systems, Inc. The architectural
site plan was completed by BCS Design, Inc Architects and was submitted by Triangle
Builders. Since this is a preliminary site plan, no outside review was completed by Design
Professionals. Zoning requirements for minimum site area is 5 acres which is met after a recent
boundary line adjustment put the total acreage at roughly 12.10 acres. Setbacks for the
proposed learning center are 70.6’ and 177’ and remaining setbacks previously existing.
Parking requirements are 2.5 spaces per 1,000 square foot of floor area plus 1 space per
company vehicle. There was no parking plan submitted however sheet AS103 shows the
existing number of parking stalls versus the provided number of stalls after the addition of the
learning center. The applicant has acknowledged the parking requirements are not being met
but has asked the Planning Commission to waive the requirement. Also noted, will the addition
of the learning center negatively impact the flow of traffic in the parking lot and if so, should it
need to be reconfigured. Handicap spaces required are six (6) and since there was no parking
plan it is hard to know how many remain. It appears there are handicap spaces that will be
removed with the addition so those will need to be replaced in a different area. Parking lot
surface types are required to be paved with concrete, paving blocks, asphalt, or other
Paola Planning Commission Minutes
November 15, 2022
1
Draft
all-weather surface types, gravel is not permitted. The existing parking in the area is hard
surfaced. If the planning commission wishes to require additional parking to meet parking
requirements it would need to be hard surfaced. Landscaping requires six (6) plant units per
acre. No landscaping plan was submitted but Staff would recommend landscaping be required
along the southern and eastern exteriors of the new addition. Parking lot lighting was not
included so it is unknown if the parking lot has existing lighting.
City Planner Newton recommended approval based on the following conditions: show utility
information for the site including but not limited to utility easements, addition of landscaping
plan, addition of lighting plan, addition of parking plan to verify adequate ADA parking.
Commissioner Cowman asked about parking since he drove by and the parking lot was full.
Alan with Triangle Builders stated the packet included pictures from 4:30 pm on different days
and shows available spaces. On sheet AS102 it shows there will be a loss of 25 spaces after
the addition and during shift change there should be 47 open spaces.
Alan with Triangle Builders stated the learning center wouldn’t require additional spaces
because it is intended to move offices of existing employees. He also stated if they did need
more parking they could add more parking on the west side along Mulberry Street. Handicap
parking will be added to meet requirements. Utility information will be put together by
Allenbrand-Drews. Taylor Forge owns the vacant lots on the south side of Kaskaskia Street.
Parking lot lighting will be shown on the utility plan. The electrical service is being updated to
go back to Evergy and not reliant on Taylor Forge to produce their own. All power lines on the
lot belong to Taylor Forge and will not be shown on a utility plan. Landscaping will be shown
to meet Staff requirements around the addition. Parking lot lighting will also be updated on the
site plan. There are several other projects that will be happening at Taylor Forge.
Commissioner Cowman asked about the sewer line and how would Taylor Forge be able to
build a building over it. City Planner Newton stated that a breezeway would be permitted with
Taylor Forge’s understanding it may need to be taken apart if the lines need repaired.
Commissioner DeGrande made a motion to recommend approval of the preliminary site plan
for Taylor Forge, Triangle Builders, applicant, with the following conditions. The motion was
seconded by Commissioner Cowman. The motion passed 5 to O with Commissioners Cowman,
DeGrande, McLean, and Maurer voting aye. Commissioner Upshaw abstained as he is an
employee of Taylor Forge.
Conditions:
1. Show utility information for the site including but not limited to utility easements
2. Addition of landscaping plan
3. Addition of lighting plan
4. Addition of parking plan to verify adequate ADA parking
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November 15, 2022
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Draft
Item 4: Discussion on 2018 International Building Codes, Appendix Q
City Planner Newton stated the City of Paola recently adopted the 2018 International Building
Codes which allows tiny homes in Appendix Q. A draft of changes suggested for the zoning
regulations of tiny home clusters was presented to the Planning Commissioners.
Commissioner Cowman asked for more time for the Commissioners to look over the draft
presented and do more research, he asked to table the discussion for the next meeting.
City Planner Newton pointed out some notes from the draft in regards to spacing
requirements, tiny homes on wheels, and dwelling size requirements. THe discussion was
tabled for the next meeting.
Item 5: Community / Economic Development Director Report
City Planner Newton presented the following:
1. Permit submittals are slowing down
2. Paola Crossings site development continues
3. Next Planning Commission meeting will be December 20, 2022
Item 6: Adjournment
Commissioner Upshaw made a motion to adjourn. The motion was seconded by Commissioner
McLean and all voted aye. The motion passed 5 to 0.
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November 15, 2022
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