HomeMy WebLinkAboutPZ Res2025-012 Amend Definition of Efficiency ApartmentSponsored by: Planning and Zoning Commission
Public Hearing: March 4, 2025
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2025-012
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY
COUNCIL AMEND SEWARD CITY CODE §15.10.140 DEFINITION OF AN
EFFICIENCY APARTMENT; §15.10.226 LAND USES ALLOWED TABLE,
ADDING ATTACHED AND DETACHED ACCESSORY DWELLING
UNITS; AND UPDATING §15.10.215 PARKING FOR ACCESSORY
DWELLING UNITS
WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning
Commission by its own motion may recommend amendments to Title 15 to the City Council; and
WHEREAS, it is in the best interest of the community to periodically review and update
the City zoning code to reflect community changes and needs; and
WHEREAS, Community Development has received various complaints and concerns
expressed by the public regarding the current regulations for efficiency apartments which require
the unit to be attached to the primary dwelling and only have one habitable room; and
WHEREAS, the Planning and Zoning Commission held work sessions on September 17,
November 19, and December 17, 2024 and February 18, 2025 to discuss efficiency apartments and
recommend changes; and
WHEREAS, the Planning and Zoning Commission had a joint work session with the City
Council on January 27, 2025 to review the proposed changes to efficiency apartments within code;
and
WHEREAS, the term, accessory dwelling unit (ADU) is more commonly used for what
city code describes as an efficiency apartment; and
WHEREAS, ADUs provide affordable housing solutions for a wide range of individuals
and unique situations; and
WHEREAS, the building inspector informed the Commission that there are no building
codes or life safety requirements that require an ADU to be attached to the primary dwelling; and
WHEREAS, the -requirement foran accessory dwelling unit to be attached to the primary
dwelling helps to maintain the character and intent of neighborhoods that are strictly zoned for
single-family dwellings; and
CITY OF SEWARD, ALASKA
RESOLUTION 2025-012
WHEREAS, an ADU is accessory to the primary dwelling, and thus required to be smaller
in size; and
WHEREAS, development requirements such as setbacks, maximum lot coverage, and
accessory building height will also further restrict the overall size of the ADU; and
WHEREAS, only one ADU will be allowed per single-family dwelling; and
WHEREAS, detached ADUs will only be allowed in zoning districts where duplexes and
multi -family dwellings are allowed; and
WHEREAS, detached ADUs located on properties that may be subdivided will be required
to be attached to water, sewer, and electric lines separate from the primary dwelling; and
WHEREAS, the proposed code change is consistent with values and goals expressed in
the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission, that:
Section 1. The Commission recommends Ordinance 2025-XXX attached and incorporated
herein by reference, be forwarded to City Council for approval.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day
of March, 2025.
THE CITY OF SEWARD, ALASKA
Carol Griswo d, Chair
AYES: Pemberton, Charbonneau, Sullivan, Griswold
NOES: None
ABSENT: Hubbard, Verhey, Hornseth
ABSTAIN: None ,.•of sEy�",,„
VACANT: None �.`,,-1 .-s. p —-..,ti'9,Q •.,
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Kris Peck - City Clerk - (City Seal)
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Planning and Zoning Agenda Statement
Meeting Date: March 4, 2025
To: Planning and Zoning Commission
Through: Daniel Meuninck, Community Development Director
From: Courtney Bringhurst, Planner
Agenda Item: Resolution 2025-012 of the Planning and Zoning Commission recommending
the City Council amend Seward City Code §15.10.140 definition of an
efficiency apartment; § 15.10.226 Land Uses Allowed Table, adding attached
and detached accessory dwelling units; and updating § 15.10.215 Parking for
accessory dwelling units
Background and justification:
On September 17th, 2024, the Planning and Zoning Commission held a work session to review
various regulations within Title 15 and how they could be amended to potentially assist in easing the
issues that private landowners and developers are facing with housing. During this work session, the
topic of accessory dwelling units (ADUs) was brought up as one that the Commission should further
discuss.
ADUs are currently allowed in Seward City Code, but they are defined as efficiency/accessory
apartments and are required to be "a single separate dwelling unit consisting of not more than one
habitable room which includes combined kitchen, dining and sleeping areas with accompanying
sanitary facilities, and which is located within or shares a common wall with a single-family
dwelling."
The primary concerns with this current code language brought up from the public and staff, were that
an efficiency apartment (ADU) had to be attached to the primary dwelling and that the ADU could
only have one habitable room. These two requirements meant that an individual could not convert a
detached garage into a dwelling unit or build a new stand-alone structure without building a
breezeway to "connect" the structure to the house, nor could the dwelling unit have separate rooms.
ADUs provide a unique housing solution for family members who may require assistance or simply
want to live near family. ADUs also provide an affordable housing option for young couples,
seniors, or families who can't afford to rent a larger space or buy a home. ADUs also provide an
extra source of income through long-term or short-term rentals to ease the financial burden of high
mortgage payments, making homeownership more feasible.
The Planning and Zoning Commission held three subsequent work sessions on November 19th and
December 17th, 2024 and February 18th, 2025 and one joint work session with City Council on
January 27th, 2025 to further discuss ADUs. Questions were raised regarding the reason for requiring
an ADU to be attached to the primary dwelling either by sharing a common wall or with a
breezeway. The building inspector, who was present at the December 17th meeting, stated that no
building codes or life/safety requirements require an ADU to be attached to the primary dwelling.
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Detached ADUs would not be required to be connected to the primary dwelling with a breezeway
with this amended code.
The Commission expressed that requiring an ADU to be directly attached to, or within the primary
dwelling helps to maintain the character and intent of neighborhoods that are zoned to only allow
single-family dwellings, which is why detached ADUs are prohibited within the Rural Residential
and Single -Family Residential zoning districts in the proposed regulations.
The Commission agreed that while it made sense to allow more than one habitable space within an
ADU, the overall size of the ADU should still be subordinate to the primary dwelling. Attached and
detached ADUs would still be required to abide by the development requirements in each zoning
district for setbacks, maximum lot coverage allowances, and accessory building height, which will
also restrict the overall size of the dwelling unit.
Seward City Code currently allows efficiency apartments (attached ADUs with only one habitable
room) within a single-family dwelling in the RR, R1, R2, R3, UR, OR, and AC zoning districts
The effect of this legislation would be to allow:
• Attached ADUs with any number of rooms, but subordinate in size to the single-family
dwelling, in the RR, R1, R2, R3, UR, OR, and AC zoning districts and the CB zoning district
with a conditional use permit.
• Detached ADUs with any number of rooms, but subordinate in size to the single-family
dwelling, in the R2, R3, UR,OR, and AC zoning districts and the CB zoning district with a
conditional use permit.
Only one (1) ADU would be allowed per single-family dwelling. Detached ADUs would be required
to have their own water, sewer, and electric lines separate from the primary dwelling if the unit was
located on a property that could be subdivided. One parking space on the property, in addition to the
two (2) parking spaces for the single-family dwelling, would be required for an attached or detached
ADU. Lodging regulations for short-term rentals as found in Seward City Code §15.10.226(B)
would still apply to the development and use of both attached and detached ADUs..
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Vol 1, Chapter 2.2 — Community Values
Plan: •
2.2.8 — City Government: "Continue to review and update the city
code."
• 2.2.10 — Land Development: "Ensure all adopted codes reflect
community values."
• 2.2.11— Economic Base: "Promote infill development by encouraging
and promoting construction on vacant sites in areas of the city which
are already established."
Vol 1, Chapter 3.2 — Land Use
• 3.2.1.1 — "Ensure uniform and consistent enforcement of the zoning
code, building code, subdivision ordinance, and city lease agreements,
and evaluate potential code changes to make enforcement easier."
• 3.2.1.2 — "Expand the opportunity for affordable, diverse, year-round
housing through appropriate land use regulations."
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Vol 1, Chapter 3.3 — Housing
• 3.3.1.1— "Support a range of housing choices that meeting the needs
of people in various income and age groups."
• 3.3.1.2 — "Create incentives to provide land for housing development
within the City of Seward."
Strategic Plan: N/A
Other:
N/A
The proposed amendments to Title 15.20 have been reviewed thoroughly by staff, the Commission,
and the public in various work sessions. If the Commission is in favor of the amendments, SCC
15.01.035 gives the Commission power to provide a recommendation to City Council to amend
Seward City Code §15.10.140 Defmitions, §15.10.226 Land Uses Allowed Table, and §15.10.215
Parking as outlined in the attached Ordinance 2025-XXX.
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