February 11, 2025 Planning Commission Minutes

City of Goodland Planning Commission Minutes

2/11/2025

  1. CALL TO ORDER:

The February 11, 2025 meeting of the Planning Commission was called to order at 6:00 p.m. Planning commissioners in attendance: Matt McKenzie, Grady Bonsall and Mary Ellen Coumerilh.  Wallace Hansen and Dennis Snethen was absent.  Staff in attendance: Zach Hildebrand, Building Official, Kent Brown, City Manager and Joshua Jordan, IT Director.  Andrew Osborne from 3V3I Engineering and Andres from IONNA also attended thru video conference.    

2. Public Comment

There was no public comment

Chairman McKenzie formally opened the public hearing at 6:01 p.m. City Manager Brown stated this Ordinance was discussed at the November and January Planning Commission meetings.  The public hearing was set at the January 14 meeting for today’s date.  The ordinance adds a couple minor tools to help with the plat amendment and the plat correction procedure. The ordinance makes adjustments to one section and adds two other minor sections to the code.  McKenzie stated there was no public comment.  Kent stated there was nothing more to add. McKenzie closed the public hearing at 6:02 p.m. 

Commissioner Bonsall moved, seconded by Commissioner Coumerilh, to recommend for approval Ordinance 1795, AN ORDINANCE AMENDING THE TEXT FOR CHAPTER 18 SUBDIVISION REGULATIONS, SECTION 401 General Procedure and ADDING SECTION 404.5 PLAT AMENDMENT and SECTION 404.7 PLAT CORRECTION, to the City Commission.” Motion carried unanimously. 

Building Official Hildebrand reviewed the EV Charging Station site plan. It states on the form – Does the Site Plan comply with or show the following?  

For Section A2, Zach stated that the name and address of the owner of record and developer are on the set of plans, however the stamp and seal of the engineer is not.  For them to obtain a building permit, there will need to be stamped set of plans. 

For Section A8, location and type of illumination was not included in these plans. 

For Section A9, a proposed monument sign in the plans – but, no additional details of the sign.    

For Section A12, no plans for the runoff on the property.  It was more of an issue when the development was going on the south side of the property.  

For Section A14, current zoning not shown on the site plan but completed by Building Official.

For Section A15 and A16, no traffic study required since there was one required with the original development.  

For Section C (Section 10) Architectural design standards do not apply since the buildings will just be shade structures and not enclosed buildings.

Going back to the zoning, Zach stated that it is zoned C-1 in all directions except directly west of the property, which is zoned mobile home park even though it is mainly used as a RV park.  An RV park would fall under C-1 zoning. 

Kent stated that the original plans by IONNA were going to build on the south side of the 24/7 parcel.  The revised plan is to put the charging stations on the north side next to the dog park.  The frontage road will be extended and then curve into the area on the north side of the dog park.  There is enough room to back in and back out of the parking spaces.  The revised set of plans was placed at each commissioner’s seat before the meeting.  Zach stated that the drive does not extend around to the west side of the station because there is a shop building in the way and the concrete pad which all of the fuel tanks sit under.  Zach stated that the applicants were available via video if the Commission wanted to ask them questions.

Commissioner Coumerilh asked about the drainage identified on the plan.  Zach stated there was more stated when it was on the south side of the property.  Zach stated that all the drainage on the north side of the parcel flows to the east.  Andrew from 3V3I Engineers answered that this is the intention of where it should flow.  Chairman McKenzie asked about the no on the lighting plan.  Is that something we need to see before construction?  Zach stated it should not affect the structures, just the lane that runs towards the off ramp of I-70.  Commissioner Bonsall confirmed that there are only 5 charging stations.  Kent mentioned the sewer manhole and the water valves are not in the roadway surface right at that corner.  Andrew stated that they did survey that location to make sure it was going to be out of the road surface.   Commissioner Bonsall asked if there is any plan for removal if it was ever going to no longer be operational.  Andres from IONNA stated they are signing a long term deal and intend to have it for up to 20 years.  Chairman McKenzie asked if EV charging is just wiring going into a base for charging and there is no battery charging.  For now, Andres stated they are just running off a transformer. May come back when battery technology is more efficient.   Zach pointed out the location of the transformers on the plan profile on the screen.  Andrew of 3V3I mentioned that they are coming off the power pole about 150 feet to the north from this location and then coming underground to the transformer.  

Chairman McKenzie stated: “I move that we approve the site plan review for the addition to the 24/7 Travel Store property at 2710 Commerce Rd. as completed by the Building Official.”

Motion seconded by Commissioner Bonsall.  Motion carried unanimously.  

Commissioner Coumerilh found 2 things.  One item was in Section 19-502(c), it said no adult entertainment establishment within a 1,000 feet but back here it said 500 feet.  Kent stated that what was in the packet started with the page that had Ordinance 1796 on the top of the page.  Below that, it had Section 1 of the Ordinance, and it has Section 202 – Definitions – of the current code.  That’s just to show you what the current code says.  It would not be there in the final version of the Ordinance.  Then the amended code has that much simpler definition which is what the recommendation from the Commission was.  Kent asked if there were any questions for Section 1 of the Ordinance. 

Then, Section 2 of the Ordinance says Section 19-501 Use Table of the Goodland Municipal Code which included the large multicolored table.  Kent stated if we are going to change a part of that use table to allow this use somewhere as a conditional use, then it will change this Use Table.  So this Section 2 has just a small portion of the table as the current table.  It changes the name of the Use Category from Adult Entertainment Facility to Adult Entertainment Establishment.  Then it also has a C for Conditional Use under C-1 General Business District. 

Then, Section 3 of the Ordinance which amends Section 19-502 Use Standards was discussed.  Kent says then there is letter C which goes over the Adult Entertainment Establishments and the current code says they are prohibited in all zoning districts within the City of Goodland.  Kent stated that the amended code goes over Adult Entertainment Establishments may be located in a C-1 (General Business District) zoning classification and only in such locations within such a zoning classification which complies with the following requirements and restrictions.  Then it gives a list.  The list included the following:

(1) No adult entertainment establishment may be located within 1,000 feet of any of the following:

(A) A licensed day care center;

(B) A public or private educational facility (although not including any building owned or occupied by an educational institution which is not used principally for student instruction or activities);

(C) A public park or playground, including but not limited to nature, hiking or biking trails, swimming pools, athletic fields or athletic playing surfaces, picnic areas and wilderness areas;

(D) A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities;

(E) A boundary of a residential district;

(F) Any other sexually oriented business as to which a license is required under this ordinance.   

Kent stated that this is one question that staff wanted to ask of the Commission.  What would they want identified in this list.  Kent said staff looked through a number of other examples and a spreadsheet was included in the packet that covered those 9 other cities.  Kent then reviewed the zoning map and the areas that would be covered that would not allow an establishment in that portion of the C-1 District.  Chairman McKenzie stated it needs to be very clear so that there is no confusion on what sites are allowed and which are not allowed to be a site. 

Kent continued that the properties outside the city whether the church on K-27 south of the south city limits or the residential properties in the Armstrong addition do not count as affected properties because Goodland does not have extra territorial zoning or even land use restrictions.  After further discussion, Chairman McKenzie said that it basically left the area on K-27 north of I-70 up to the intersection of Highway 24 and K-27 and then a little bit on Highway 24. 

After discussion, Kent stated that there is one caveat and that’s Walmart.  Zach stated that Walmart is 500 feet from the ballfields property line.  McKenzie stated that they have said merchandise in their store.  Zach stated that they have had it for 6 or 7 months.  IT Director Jordan stated they have it in a display case with other adult use items.  Kent stated that the code with the restriction of 30% of sales, etc. excluded Walmart.  McKenzie stated the code was so unclear.  Commissioner Coumerilh states that doesn’t solve the problem of whether it is accessible to kids.  McKenzie stated it is in a locked cabinet; but, still a concern.  McKenzie stated we keep making progress.  We got the rule out of the definitions.  We got some very clear language.  The amendments that are being proposed seem pretty clear to me.  Let’s get that out of the way and then we’ll figure out the Walmart piece.  Kent said our concerns are when it is a specific part of the business rather than an almost indistinguishable part of the business that no one is aware of.  McKenzie said he doesn’t want the dilution of the business as part of the overall business be an excuse than they can get away from the regulations.  What we are getting at right here is someone to have a very specific store with this product.  Kent stated that this is the only caveat to what is proposed with the zoning regulations.  

Then, Kent said the only other thing provided to the Commission was the example of a code section on licensing.  The licensing is a different section that doesn’t relate to zoning.  It is related to the operations of the business.  It acts real similar to CMB licensing or liquor licensing where it goes through those type of procedures.  Kent said he couldn’t get to it enough to provide a sample Ordinance for you so what was included was an example Ordinance from another community, McPherson.  Kent said he also put together a spreadsheet of 12 other communities across the state and their licensing procedures which was not in the agenda packet.  It is on the screen and paper copies are being handed out.  Included in the licensing spreadsheet is the city of Newton which Commissioner Coumerilh had pointed out.  Newton’s licensing requirements included a lot of details.  Coumerilh stated if they don’t meet all those requirements, then they can’t sell.  Kent stated there is a lot of opportunity for mistakes on the administration side for the licensing requirements as in the Newton example. 

Staff then reviewed the categories listed on the spreadsheet. Requiring city commission approval was only identified in 3 other cities.  The category of licensing managers, servers or entertainers was more focused on person to person interaction instead of adult material sales.  Requiring a license for each store clerk was seen as not appropriate for just sales of adult entertainment materials or equipment.  The category of entry and/or inspection was not seen as necessary because officers already have the ability to enter the premises.  Commissioner Coumerilh asked about the 30% limit of sales or inventory.  Zach stated if there is a 30% limit, who is going to count the inventory?  Chairman McKenzie stated we’ve tried to eliminate that type of code section where there is too much room for error because of the math involved or ways to hide things. 

Commissioner Coumerilh does not like what the store owner wants to do.  McKenzie stated that we don’t have to like it; but, we have to follow the statutes.  Coumerilh stated she respected their right to have that business and she didn’t want the administrative burden to be too heavy.  But, we need to have licensing to know what is going on and that they have to declare themselves. Coumerilh was concerned that a minor would work there.  After discussion, Zach stated you have to be 21 to work at the vape shop already.  Kent stated Goodland police officers have already stopped and inspected both vape shops already that are currently operating.  Kent stated the issue is that the vape shop on K-27 is still a gas station.  Commissioners expressed a concern about the age of the employees.  Zach raised a question whether it would be required of Walmart employees.  Commissioner Bonsall said it should be just like alcohol that it is a requirement to sell these items to be 21 years of age.  Commissioner Coumerilh stated that high school age is more problematic than college age. 

Commissioner Bonsall said he liked the proposals and want to be fair.  But, if the City can make it as difficult as possible, he would be ok with it.  Chairman McKenzie went back to the categories listed and stated he liked the categories that were highlighted.  Kent stated that this is a good start for the category of adult entertainment material sales; but, he wanted to confer with legal about the other categories of adult entertainment establishments.  Staff could continue to work on the licensing requirements ordinance which doesn’t require a public hearing while the Planning Commission could go ahead and set a public hearing for the changes in the Zoning definitions, Use Table and Use Standards ordinance.  After discussion, the Commission decided to hold off on setting a public hearing for the changes in the Zoning ordinance until both the Zoning ordinance and the licensing ordinance were ready.  Chairman McKenzie said the Commission is still unsure on all the items that should be in the licensing ordinance. Commissioner Bonsall asked what is the penalty if they don’t abide by the regulations of the ordinance.  Kent said it is usually a part of the licensing ordinance.  Sometimes  there is suspension or revocation parts; although that is usually for the other categories of adult entertainment establishments.  Chairman McKenzie encouraged the Commissioners to look through the prepared Ordinance on the zoning as well as the items in the licensing ordinance for the meeting on March 11. 

Commissioner Bonsall said that he had noticed something at 10th/Caldwell where golf carts were for sale.  Zach said he had contacted the owner of the lot on site and addressed it with him.  Owner quit for a couple weeks and then it started up again.  It is occurring only on weekends.  Staff will be contacting the owner again.  The lot is up for sale now.    

Commissioner Bonsall also asked if any other cities or planning commissions put in place a requirement if someone moves out or leaves that they clean up the site or remove structures that were not completed.  Zach mentioned that he has been looking to put together a program for vacant buildings.  Anyone that owns a vacant building would have to register it with the city and have a game plan what they are going to do.  If the game plan is not completed each year, the fee for the vacant building increases.    

Commissioner Coumerilh had nothing to report. 

Chairman McKenzie had nothing to report. 

Zach had nothing to report. 

City Manager Kent Brown had nothing to report.          

Chairman McKenzie moved, seconded by Commissioner Bonsall, to approve the January 14 minutes as presented.  Motion carried unanimously.  

Commissioner Coumerilh moved to adjourn, seconded by Commissioner Bonsall.  Motion passed unanimously.  The meeting was adjourned at 6:41 p.m.

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