Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): ALL DISTRICTS
Application of the Director of Planning & Sustainability for a text amendment relating to short-term rentals and for other purposes. This text amendment is County-wide.
Body
PETITION NO: D2-2023-1467 TA-24-1246762
PROPOSED USE: Short-term rentals, and for other purposes.
LOCATION: County-wide.
PARCEL NO. : N/A
INFO. CONTACT: Rachel Bragg, Zoning Administrator
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of the Director of Planning & Sustainability for a text amendment relating to short-term rentals and for other purposes. This text amendment is County-wide.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (April 2024) CC-1: Two-cycle deferral; CC-2: No vote taken; CC-3: Two-cycle deferral; CC-4: Two-cycle deferral; CC-5: Approval. (December 2023) CC-1: Full cycle deferral; CC-2: Deferral; CC-3: Deferral; CC-4: Full cycle deferral; CC-5: Deferral.
PLANNING COMMISSION: (May 2, 2024) Two-Cycle Deferral. (Jan. 9, 2024) Two-Cycle Deferral.
PLANNING STAFF: Two-Cycle Deferral.
STAFF ANALYSIS: This proposal was submitted to all five community councils. In addition to “deferral” recommendations, the initial summary of feedback received is listed here: Allowing substantial time for feedback to generate in Engage DeKalb from the community. Text Amendment appeared to be based upon an “Honor System” for example, expecting property owners to apply for Business License - Ordinance fails to explain proper and adequate oversight. How will Business License monitor STR’s being applied for and paying taxes/fees. Clear description of penalties and what they apply to as it pertains to taxes and fees. An escalation in offenses (First - $100, Second -$500, Third - $1,000, Fourth - revoked). Proper notification to surrounding neighborhood, whether through obtaining letters of support or through a SLUP. Parking regulations per unit. Add language that Subdivision Covenants take precedence. Proper Staffing levels in both Code Enforcement and Business License Departments, taxes generated from STR’s should funnel back into Staff. 24/hour contact information listed online for STR property owners. Based on the insights gained from meeting with stakeholders and the need for additional community engagement sessions, Staff proposes a “Two-cycle deferral to the September 2024 zoning agenda” to incorporate the feedback and update the proposed text amendment effectively. This deferral will allow us to ensure that all perspectives are considered and that the proposed amendments accurately reflect the community's needs and concerns.
PLANNING COMMISSION VOTE: (May 2, 2024) Two-Cycle Deferral 7-0-0. Jon West moved, Vivian Moore seconded for a two-cycle deferral to the September 2024 zoning agenda, per staff recommendation. (Jan. 9, 2024) Two-cycle deferral 9-0-0. Jon West moved, Sarah Zou seconded for a 2-cycle deferral to the May 2024 zoning agenda.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (April 2024) CC-1: Two-cycle deferral 3-0-0; CC-2: No vote taken; CC-3: Two-cycle deferral (12-0-0) to allow for additional time for this item to be vetted and for previous comments to be clarified; CC-4: Two-cycle deferral 10-0-0; CC-5: Approval 9-0-0. (Dec. 2023) CC-1: Full Cycle Deferral 7-0-0. Full cycle deferral, with request that the following feedback be issued to appropriate departments: 1. A separation of a single room STR verse an entire unit STR. A single room STR is more of a hotel. 2. SLUP to inform neighborhood versus notification to the neighbors that a property owner has applied for a Business License to operate an STR. CC 1 felt a SLUP was necessary. 3. Parking regulations per unit. 4. Clear description of penalties and what they apply to as it pertains to taxes and fees - page 5 shows no escalation in offense from your 1st to 5th ($100, $500, $1,000, revoked). 5. Too based upon the “honor system” - how will DeKalb know who is paying for a BL or not, who is tracking that? 6. A portion of the funds should circulate to Staff this appropriately through Business License Department and Code Enforcement. 7. Change language in legal and proper payment to "property owner" or "representative". CC-2: Deferral 10-0-0. Comments included: not enough restrictions, not enough enforcement, and revenue should be allocated to administration of ordinance. CC-3: Deferral 6-1-0. CC-3 recommended deferral until a better draft is crafted which considers information that will be coming from the community via Engage DeKalb, including information on how the proposed tax revenues will be distributed. CC-4: Full cycle deferral 11-0-0. CC-5: Deferral 8-0-0.