City Council

CITY COUNCIL SPECIAL MEETING WORKSHOP 118 NORTH MAIN GODDARD, KANSAS October 9, 2023 SPECIAL MEETING (JOINT WORKSHOP) A. CALL TO ORDER 1. Non-conforming lots in Old Goddard 2. Duplexes and duplex ratios in new developments. K. ADJOURNMENT OF SPECIAL MEETING The Next Regular Meeting of the City Council is scheduled for: October 16, 2023, at 7pm.  Item SM.1 City of Goddard Goddard City Council October 9, 2023 TO: Mayor & City Council SUBJECT: Nonconforming Lots in Old Goddard PREPARED BY: Community Development Director AGENDA: New Business Background: Goddard has subdivision regulations that dictate the built environment. From time to time reviewing the subdivision regulations helps to understand current regulations and how they can be improved moving forward to help the city grow and protect the existing built environment. Recent conversation about non-conforming lots has been discussed with the Planning Commission on March 13, 2023, and it was decided it should be discussed during the joint workshop. Some of the discussion revolved around the possibility of an overlay district. An overlay district functions as a supplemental district that overlaps an existing district and provides extra provisions to that specific area. See the attachment in Exhibit SM.1b. Analysis: ARTICLE 8.NONCONFORMING LOTS, STRUCTURES AND USES. 8.101 Nonconforming Lots of Record. A. In any Residential District. 1. Notwithstanding the regulations imposed by any other provision of these regulations, a single-family detached dwelling or any type of manufactured or mobile home which is a permitted use by the applicable district regulations and complies with the restrictions in Section 8-101A2 may be located on a lot(s) in the same ownership that is not less than 50 feet in width with public water and sewerage and that consists entirely of a tract of land that: a. Has less than the prescribed minimum lot area, width or depth, or all three; and b. Meets the definition in Section 8-100A for a nonconforming lot of record. 2. Construction permitted by Section 8-101A1 shall comply with all of the regulations except lot area, width and depth applicable to a single-family detached dwelling or any type of manufactured or mobile home in the zoning district in which the lot in question is located; provided, however, that the following side yard requirements shall apply in place of the side yard requirements otherwise applicable: a. The structure shall be placed on the lot so as to provide a yard on each side of the dwelling. b. The sum of the widths of the two side yards on each lot shall be not less than the smaller of: 1. 20% of the width of the lot, or 2. The minimum total for both side yards prescribed by the bulk regulations for the zoning district. 1 c. In any case, neither side yard resulting from the methods permitted in Section 8-101A2b shall be less than six feet wide. d. When a yard is also considered to be a front yard on a corner lot, one of the front yards comprising part of the lot width may be reduced to 15 feet; provided, that a driveway to a parking space must maintain a length of at least 20 feet from the front lot line. 8.102 Nonconforming Structures. A. Authority to Continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable lot size requirements and/or the applicable bulk regulations, may be continued, so long as it remains otherwise lawful, subject to the restrictions in Section 8-102B through 8- 102D. B. Enlargement, Repair or Alterations. Any such structure described in Section 8-102A may be enlarged, maintained, repaired or structurally altered; provided, however: that no such enlargement, maintenance, repair or alteration shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except that as to structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be determined by Section 8-101A2 or 8-101B2, whichever is applicable. C. Damage. In the event that any structure described in Section 8-102A is damaged by any means except flooding to the extent of more than 50% of its fair market value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located; provided that: a. Structures located on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements in Sections 8-101A2 or B2, whichever is applicable. b. When a structure is damaged to the extent of 50% or less of its fair market value no repairs or restoration shall be made unless a zoning permit is obtained, and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion. c. If the applicant is aggrieved by the decision of the Zoning Administrator in approving the percent of damage to the value of the structure based on data submitted by the applicant, an appeal may be made to the Board of Zoning Appeals for a determination. (See Section 8-105 for Nonconforming Nonresidential Structures and Uses and Appendix for Substantial Improvement in the Floodplain Regulations.) ARTICLE 10.107 VARIANCES 10.107 Variances. The Board may authorize such variances from the terms of these regulations as will not be contrary to the public interest and provided that the spirit of the regulations shall be observed, public safety and welfare secured, and substantial justice done. Variances may be authorized only in those specific instances enumerated in Section 10-107.C and then only when the Board has made findings of fact based upon the standards set out in Section 10-107.D that owing to special conditions a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship for the owner, lessee or occupant of land or 2 structures. According to K.S.A. 12-759(e), any such variance shall not permit any use not permitted by these regulations in the zoning district in which the variance is requested. C. Authorized. Variances from the provisions of these regulations shall be granted by the Board only in accordance with the standards set out in Section 10-107.D, and may be granted only in the following instances and in no others: 1. To vary the applicable minimum lot area, lot width and lot depth requirements. 2. To vary the applicable bulk regulations, including maximum height and lot coverage and minimum yard requirements. 3. To vary the dimensional provisions for permitted obstructions in required yards including fences in Section 3-103F. 4. To vary the applicable number of required off-street parking spaces and the amount of off-street loading requirements of Article 5. 5. To vary the applicable dimensional sign provisions of Section 7-102 regarding general standards and Section 7-104 regarding district regulations. 6. To vary the applicable requirements in Sections 10-107 C1 through 5 above in conjunction with conditional use applications for nonconforming, nonresidential structures and uses under provisions of Section 8-105. 7. To vary the applicable provisions permitted by the Floodplain Regulations. (See Appendix for Floodplain Regulations.) 8. To vary any design related provisions of these regulations either in part or in full. Such design regulations can include article 11. Financial: A publication cost would be incurred from the necessary publication of a public hearing relating to changing the subdivision regulations to adopt the new overlay district. Legal Considerations: Prior to formal adoption of a change to the subdivision regulations the city would need to publish an article in the city newspaper and wait 20 days before first bringing it to the Planning Commission and then the city council for formal adoption. K.S.A 12-757 Recommendation/Actions: It is recommended that the Governing Body: Receive and file. Attachments: Exhibit SM.1a Map (1 Page) Exhibit SM.1b Example of Overlay District (1 Page) 3  Item SM.2 City of Goddard Goddard City Council October 9, 2023 TO: Mayor & City Council SUBJECT: Duplexes and Duplex Ratios in new Developments. PREPARED BY: Community Development Director AGENDA: New Business Background: Goddard has been experiencing significant residential growth and with that growth comes a variety of housing types. Some of those housing types include two-family dwellings which commonly come in the form of duplexes. The request by developers to build duplexes has increased over the years and has led to many questions being asked by citizens, the Planning Commission and the City Council. On March 13, 2023, the Planning Commission discussed duplexes and duplex ratios and it was decided it would be a good discussion item for the Joint Workshop. Analysis: Article 2.102 Definitions. DWELLING: A building, or portion thereof, which is designed or used for residential occupancy including a condominium and a modular home, but not a group home as herein defined, a residential design manufactured home or a manufactured/mobile home, unless any of the latter are specifically permitted. DWELLING, ATTACHED: A residential building which is joined to another dwelling at one or more sides by a party wall or walls, including walls of an attached garage. Separate ownership of attached dwelling units known as common lot line housing or "twin homes" shall be accompanied by a recorded lot split unless already platted into individual lots. All utilities and facilities must be independent of each other, unless provided by an association of town house or condominium owners under K.S.A. 58-3701 et seq.or 58-3101 et seq. respectively and platted as common ownership. DWELLING, DETACHED: A residential building which is entirely surrounded by open space on the same lot. DWELLING, MULTIPLE-FAMILY: A residential building containing three or more dwelling units. DWELLING, SINGLE-FAMILY: A residential building containing one dwelling unit only or a group home as defined herein. DWELLING, TWO-FAMILY: A residential building containing two dwelling units only. Financial: None Legal Considerations: No legal considerations at this time. 1 Recommendation/Actions: It is recommended that the City Council: Receive and file. Attachments: Exhibit SM.2a Images and Terms (4 Pages) Exhibit SM.2b Economic Review (11 Pages) 2  Figure 1: Dwelling attached, two units. Figure 2: Dwelling attached, multi-family (3 units, tri-plex) 3 Figure 3: Dwelling attached, multi-family (multiple units, row homes) Figure 4: Dwelling Detached, Single Family (patio home) 4 Figure 5: Dwelling Multi-family (apartments) 5 Figure 6: Dwelling Multi-family (Condominium) 6  *USDA Economic Research Kansas Population Location as a Percent % Urban Rural Linear (Urban) Linear (Rural) 100 90 80 70 60 50 40 30 20 10 0 1850 1870 1890 1910 1930 1950 1970 1990 2010 2030 2050  0 5,000 10,000 15,000 20,000 25,000 30,000 Alabama Alaska Arizona Arkansas California 5,779 Colorado 7,949 Connecticut Delaware District of Columbia Florida US Census 2021 State to State Migration Table Georgia Hawaii Idaho Illinois Indiana Iowa Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri 24,292 Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York 2021 In-migration to Kansas North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas 6,016 Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Puerto Rico U.S. Island Area Foreign Country 13,453  *Data derived from petition submissions. Petition Costs per LF over Time $60.00 $50.00 $50.00 $45.00 $40.00 $38.00 $35.00 $30.00 $30.00 $30.00 $28.00 $25.00 $22.00 $20.00 $10.00 $- 2019 2020 2021 2022 2023 Pipe 8" WL Pipe 8" SS  Petition Costs per LF over Time $60.00 1/2 Mile of 8" WL 1/2 Mile of 8" SS 2019 $ 58,080.00 $ 73,920.00 $50.00 2023 $ 132,000.00 $ 118,800.00 Delta 127% 61% $40.00 $30.00 $20.00 $10.00 $- 2019 2020 2021 2022 2023 Pipe 8" WL Pipe 8" SS  Specials Per Month Lot Width Lot Depth Sq Ft Number of lots per acre ($132,000) 75 100 7,500 5.81 $ 94.66 70 100 7,000 6.22 $ 88.42 65 100 6,500 6.70 $ 82.09 60 100 6,000 7.26 $ 75.76 55 100 5,500 7.92 $ 69.44 50 100 5,000 8.71 $ 63.15 45 100 4,500 9.68 $ 56.82 40 100 4,000 10.89 $ 50.51  Specials Per Month Lot Width Lot Depth Sq Ft Number of lots per acre ($132,000) 75 100 7,500 5.81 $ 94.66 70 100 7,000 6.22 $ 88.42 65 100 6,500 6.70 $ 82.09 A Duplex has two units to split the 60 100monthly special cost ($47.33) 7.26 6,000 $ 75.76 55 100 5,500 7.92 $ 69.44 50 100 5,000 8.71 $ 63.15 45 100 4,500 9.68 $ 56.82 40 100 4,000 10.89 $ 50.51  $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $0 $50,000 4/1/2002 1/1/2003 *Zillow Home Value Index 10/1/2003 7/1/2004 4/1/2005 1/1/2006 10/1/2006 7/1/2007 4/1/2008 1/1/2009 10/1/2009 7/1/2010 4/1/2011 1/1/2012 10/1/2012 7/1/2013 4/1/2014 1/1/2015 10/1/2015 7/1/2016 4/1/2017 1/1/2018 Goddard SFD Home Values over 21 Years 10/1/2018 7/1/2019 4/1/2020 1/1/2021 10/1/2021 7/1/2022 4/1/2023  Value Over Time $450,000.00 $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $- 2019 2020 2021 2022 2023* *Goddard Building Permits Single Family Duplex Linear (Single Family) Linear (Duplex)  Taxes Collection Difference $1,600.00 60% 50% $1,400.00 47% 40% $1,200.00 30% $1,000.00 20% $800.00 10% 2% 0% $600.00 -7% -10% $400.00 -14% -20% $200.00 -30% -32% $- -40% 2019 2020 2021 2022 2023* *Goddard Building Permits Single Family Duplex Delta  Number of lots or Development Type of Land Use Number of Units Number of People Buildings Big Arm Duplex 29 58 174 Goddard Trails End Single Family-detached 122 122 366 Duplex 80 160 480 Clover Leaf Duplex 22 44 132 Twin Homes 15 30 90 Single Family-detached 95 95 285 Arbor Creek Single Family-detached 245 245 735 Rustic Creek Single Family-detached 106 106 318 Paul Kelsey A Single Family-detached 87 87 261 Twin Home 30 60 180 Paul Kelsey B Single Family-detached 51 51 153 Paul Kelsey C Duplex 81 162 486 Single Family 131 131 393 Cedar Addition Duplex 5 10 30 Ben Healy Development Patio Homes 72 72 216 Apartment 3 144 432 Commercial 6 - Bridger & Maple Single Family-detached 24 24 72 Duplex 155 310 930 Dove Landing Single Family-detached 31 31 93 Total 1,390 1,942 5,826 Goddard 2020 Population 5,084 Goddard Projected Population 10,910 Two Family Count 417 Single Family-detached Count 964