Planning and Zoning
Regular MeetingPaola, KS · October 15, 2024
Minutes
APPROVED
PLANNING COMMISSION /
BOARD OF ZONING APPEALS
OCTOBER 15, 2024 MEETING MINUTES
Commissioners Present: Cowman, Parks, Dees, Maurer,McLean,
Commissioners Absent: DeGrande
Others Present: Mitch Gabbert - City of Paola, RobGeorge - Legacy
Contractors
Item 1: Pledge of Allegiance.
Item 2: Consideration of minutes from the September 17, 2024 meeting.
Commissioner Cowman called the meeting to order. The next order of business was
the consideration and approval of the minutes from the September 17, 2024 meeting.
Commissioner McLean made a motion to approve theSeptember17, 2024 meeting
minutes. The motion was seconded by Commissioner Mauer with all commissioners
voting in favor.
Item 3: Consideration and vote to recommend approval of the Preliminary Site
Plan for Aquatic Ecosystem Consultants (AEC), Tim Snyder applicant.
Zoning Administrator Mitch Gabbert presented the following information on the
Preliminary Site Plan for AEC:
Background:
Tim Snyder owns and operates Aquatic Ecosystem Consultants (AEC), which is a full
service pond management company currently located in Bonner Springs, Kansas. He
has decided to move his business to Paola, and submitted a preliminary site plan
application for a 7200 square foot facility, located at 1008 Industrial Park Dr.
This parcel is approximately 6.9 acres and is at the western end of Industrial Park Dr.
The site plan was completed by Allenbrand-Drews & Associates, and was reviewed
by staff, as well as Wilson and Company Engineers & Architects. It was also sent to
the Public Works Director for his review, and he did not have any comments.
Analysis:
Minimum Site Area: Required: 10,000 square feet
Provided: 6.95 acres
Paola Planning Commission Minutes - October 15, 2024
1of8
APPROVED
Minimum Lot Width: 80 ft
Setbacks: Street: 25 ft
Side: 10 ft
Rear: 20 ft
All setbacks met
Parking: Required: 3.5
Provided: 4
Parking Setback: Street: 15 ft
Other: 5 ft
All parking setbacks met
Trash Enclosures: All dumpsters must be enclosed with a masonry or wood
structure.
Signage Plan: Not provided, to be approved at staff level.
Landscaping Plan: Will be submitted for staff approval during the permitting phase.
Drainage Calculations: Drainage calculations will be reviewed during the final site
plan phase.
F indings:
1. The application is consistent with section 21.625 of the LDO.
2. The application will not be detrimental to the health, safety, or general welfare
of the community.
Recommendation:
Staff recommends approval of the preliminary site plan for Aquatic Engineering
Consultants, located at 1008 Industrial Park Dr., with the condition that all review
comments are satisfied.
Discussion:
Commissioner Cowman asked if the road leading to the proposed building was already
paved and Gabbert advised it was, and that the developer would be installing an
asphalt cul-de-sac at the end of the road, that the business would take access from.
Paola Planning Commission Minutes - October 15, 2024
2of8
APPROVED
Commissioner McLean made a motion to approve the preliminary site plan.
Commissioner Parks seconded the motion, and all commissioners present voted in
favor.
Item 4a: Review draft regulations for the keeping of chickens and bees.
Zoning Administrator Gabbert presented the following information on draft regulations
for the keeping of chickens and bees:
City staff has been asked on numerous occasions ifthekeepingofchickensorhoney
bees is allowed in town. Currently, the LDO does not have any clearly stated
regulations on this topic, other than thekeepingoffarmanimalsaspets.Historically,
the keeping of chickens for any reasonhasbeengroupedintothissection,wherethe
minimum lot arearequiredis3acres.Currentlythereareonly9residentialproperties
in the city limits that would be allowedtokeepchickens,oranytypeoffarmanimal.
Duetothelargeamountofinterestinthistopic,stafflookedintotheregulationsfrom
surroundingmunicipalitiesandcomparedthemtoours.Uponcompletingtheresearch,
staff has proposed a text amendment to the LDO.
Zoning
The current regulations for the keeping of domestic exotic animals/farm animals as
pets is as follows:
SECTION 03.350 DOMESTIC EXOTIC ANIMALS/FARM ANIMALS AS PETS
A. This section applies only to farm animals and exotic animalskeptaspetsandnot
commercial purposes.
B. Minimum lot area is 3 acres.
C. Maximum of 2 animals or 10 adult fowl/exotic cage birds or 1animaland5adult
fowl/exotic cage birds are allowed.
D. A fence or cage of sufficient size, based on the carrying capacity of the land as
defined by the Stockman’s Handbook, must be provided. If not identified in the
Stockman’sHandbook,thezoningadministrationshallmakeadeterminationbasedon
similar size/type animals identified in the handbook or by consulting a veterinarian.
E. Proof of state permits (if applicable).
Paola Planning Commission Minutes - October 15, 2024
3of8
APPROVED
F. The shed, yard, pen or other place which any animals or fowl are kept shall be
maintainedinamannerthatisnotoffensivetothoseresidinginthevicinityorannoying
to the public.
Proposed Changes
SECTION 03.350 KEEPING OF ANIMALS
A. General
1. Thissectionappliesonlytothekeepingofanimalsforpersonaluseandnotfor
commercialpurposes.Thekeepingofanimalsisalsosubjecttotheprovisionsof
Chapter 2 of the Municipal Code.
2. For the purposes of this section, “large farm animal” means horses, ponies,
cows, hogs, pigs, andothersimilarlysizedanimals.“Smallfarmanimal”means
chickens, rabbits, or other similarly sized animals.
3. Animals only permitted on single family lots with a principal residence.
4. Allanimalsshallbekeptinamannerastonotinterferewiththelife,health,or
safety of other animals or humans.
5. Animals will not be permitted torunatlargeordepositexcretorymatterupon
the property of anyone other than their owners.
6. Prohibited animals. Roosters, turkeys, ducks, and other animals with frequent
loud vocalizations are not permitted.
B. Number Allowed
1. Theminimumlotsizerequiredforthekeepingofanylargefarmanimalsis1or
3 acres.
2. Maximum of 1 large farm animal, and 10 small farm animals per acre.
3. On lots smaller than 1 or 3 acres, 1 small farm animal is permitted per 1000
square feet of lot space, with a maximum of 10 small farm animals.
C. Enclosures
1. Allanimalsmustbekeptinanenclosedstructureorarealocatedinthesideor
rear yard and are not permitted to roam outside of the enclosure.
2. Enclosures which are opentotheskymustcontainawallorfenceofsufficient
height to contain the animals.
Paola Planning Commission Minutes - October 15, 2024
4of8
APPROVED
3. Enclosures for chickens shall be a minimum of 4 square feet per chicken, and
includearun.Thecombinedareafortheenclosureandrunshallbeaminimum
of 10 square feet per chicken.
4. All enclosures shall followthesetbackrequirementsofanaccessorystructure,
prescribed in Section 03.210.
5. No enclosure may belocatedwithin25feetofanydwelling,church,school,or
business structure located on adjacent property.
6. A building permit shall be obtained prior to construction of any enclosure.
D. Keeping of Bees
1. Upto2beehivesarepermittedonlotsupto1or3acresandaresubjecttothe
following regulations.
2. Fresh, clean water must be kept within twenty (20) feetofthehive,stand,or
apiary.
3. Theownerofanyhiveorapiaryshallinstallandmaintainaflywaybarriersix(6)
feetinheightconsistingofasolidwall,fence,vegetationorcombinationthereof
that is parallel to the property line and that extends ten (10) feet beyond the
hiveorapiaryineachdirectionsothatallbeesareforcedtoflyatanelevationof
at least six (6)feetabovegroundleveloverpropertylinesinthevicinityofthe
hive or apiary.
4. Nobeehiveshallbeplacedorkeptinviolationoftheserequirements,andinno
event shall be located:
a. Closer than 5 feet to the property line.
b. Within 25 feet of any dwelling, church, school, or business structure
located on adjacent property.
c. Closer than 10 feet from a public pedestrian path.
d. Within 25 feet of the edge of a public street.
e. Anywhere other than the side or rear yard of a property.
5. On lots largerthan1or3acres,theZoningAdministratorwillreviewrequests
for greater numbers of hives.
E. Penalty
A violation of any term of this section shall constitute a public nuisance, andwillbe
subject to all of the provisions in Chapter 8 of the Paola Municipal Code.
Paola Planning Commission Minutes - October 15, 2024
5of8
APPROVED
Discussion:
Commissioners discussed the proposed chicken and bee regulations, and provided
input to Gabbert.
Item 4b: Review draft LDO text amendment for signregulations.
Zoning Administrator Gabbert presented the following information for a proposed text
amendment to the regarding sign regulations:
City staff has recently found that a subsection in the LDO is not in compliance with
Kansas Statute 25-2711. This section of the LDO was updated in 2010, and the
statute was introduced in 2015.StaffisproposingachangeofSection07.102(A)(5),
to be consistent with Kansas Statute.
The current sign exemption subsection is listed below:
SECTION 07.102 TOTAL EXEMPTIONS
A. Total Exemptions. The following signs shall be exempt from the requirements of
this Article, except for the provisions of Section 07.104 and 07.220.
5. Political campaign signs, not exceeding four (4) square feet in area, displayed during
no more than a four-week period preceding and a one-week period following an
election.
KSA 25-2711 is as follows:
25-2711. Placement of political signs during election period.No city or county shall
regulate or prohibit the placement of or the number of political signs on private
property or the unpaved right-of-way for city streets or county roads on private
property during the 45-day period prior to any election and the two-day period
following any such election. Cities and counties may regulate the size and a set-back
distance for the placement of signs so as not to impede sight lines or sight distance for
safety reasons.
Staff’s suggestion is to amend subsection 5 to read as follows:
5. Political campaign signs, not exceeding four (4) square feet in area, displayed
during no more than a 45-day period preceding and a two-day period following an
election.
Paola Planning Commission Minutes - October 15, 2024
6of8
APPROVED
Discussion:
There was no discussion on the proposed sign regulation changes due to them being
consistent with state statute.
Item 4c: Review and discussion on possible fence regulationchanges:
Zoning Administrator Gabbert presented the following information on requested fence
regulation changes:
Background
City staff has been approached by residents in regards to the use of hog wire as a
fencing material. “Decorative” hog wire fencing has become more popular in thelast
fewyearsasanalternativetochainlinkfences.Thesetypesoffencesusehogwireor
similar material, which is framed in wood and set on wood posts.
The LDO currently prohibits the use of hog wire as a fencing material. Staff researched
the zoning regulations for fences in 7 surrounding cities and compared them to Paola’s.
5 of the surrounding cities either prohibited the use of hog wire, or did not list hog wire
as an acceptable material for residential fences. 2 cities did not mention fencing
material, however their fence regulations as a whole were more restrictive.
Discussion:
Commissioners discussed the proposed fence regulation changes and ultimately came
to the decision that the regulations should be left as they were.
Item 5: Community / Economic Development Director Report
Zoning Administrator Gabbert presented the following information:
1. Permits year to date = 336
2. General
a. There has been interest in putting 3 apartments and a small commercial
kitchen on the square
b. There has been interest in an Industrial Park Dr. property for storage units
c. There has been interest in land across from hospital on east side of 169
Paola Planning Commission Minutes - October 15, 2024
7of8
APPROVED
hwy
d. Tiny home site plan passed fire review
3. October City Council
a. New Library Director Morgan Menefee was introduced
b. Liquor license was approved for 1001 N Pearl “Pearl St Liquor”
4. November Planning Commission
a. Final site plan AEC
b. LDO Text Amendment Revisions
Item 6: Adjournment
Commissioner McLean made a motion to adjourn. The motion was seconded by
Commissioner Mauer, with all commissioners voting in favor.
Paola Planning Commission Minutes - October 15, 2024
8of8
Agenda
Planning Commission / Board of Zoning Appeals Agenda
Tuesday, October 15, 2024 - 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 September 17, 2024 meeting.
3. Consideration and vote to recommend approval of the Preliminary Site Plan for
Aquatic Ecosystem Consultants (AEC), Tim Snyder applicant.
4. Review of proposed LDO Text Amendments:
a. Keeping of chickens and bees
b. Sign regulations
c. Fence regulations
5. Community / Economic Development Director Report.
6. Adjournment
Minutes
Vote: Motion ______ 2nd ______
DeGrande__ McLean__ Cowman__ Parks__ Maurer__ Upshaw__ Dees__
Adjournment
Vote: Motion ______ 2nd ______
DeGrande__ McLean__ Cowman__ Parks__ Maurer__ Upshaw__ Dees__
Note:WhenaddressingtheCommission,pleasesteptothepodiumandstateyournameandaddresssothatitcan
be recorded in the minutes of the meeting. In compliance with the American with Disabilities Act, individuals
needing assistanceorotherservicesoraccommodationforthismeetingshouldcontactMitchGabbertatleast24
hours in advance of this meeting at 913-259-3611.
NEXT SCHEDULED MEETING
November 19, 2024
Get email alerts for Paola
A daily email when new agendas and minutes are posted.