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: D1-2023-1467 TA-24-1246762
PROPOSED USE: Short-term rentals, and for other purposes.
LOCATION: County-wide.
PARCEL NO. : N/A
INFO. CONTACT: Yvonne Trammell, Special Projects Coordinator
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: (Feb. 2024) CC-1: Full cycle deferral; CC-2: No Vote Taken; CC-3: Full cycle deferral; CC-4: Full cycle deferral; CC-5: Two-cycle deferral. (August 2024) CC-1: Approval; CC-2: Deferral; CC-3: Approval; CC-4: Full cycle deferral; CC-5: Denial. (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: (March 4, 2025) Two-cycle deferral. (September 12, 2024) Three-Cycle Deferral. (May 2, 2024) Two-Cycle Deferral. (Jan. 9, 2024) Two-Cycle Deferral.
PLANNING STAFF: (March 2024) Two-Cycle Deferral_rev. 03.12.2025.
STAFF ANALYSIS: This item has been deferred several times since the January 9, 2024, Board of Commissioners meeting. The community has presented concerns to staff regarding additional neighborhood protections, enforcement and staffing concerns, and a clearer definition of homestead exemption requirements. Due to ongoing concerns starting in November 2023 with the original draft ordinance, and concerns continuing with the 2nd draft ordinance dated July 19, 2024. Staff is recommending that all perspectives are considered and that the proposed amendments accurately reflect the community's needs and concerns. Therefore, it is the recommendation of the Planning & Sustainability Department that the application be “Two-Cycle Deferral to the July 2025 zoning agenda”.
PLANNING COMMISSION VOTE: (March 4, 2025) Two-Cycle Deferral 7-0-0. Jan Costello moved, Jon West seconded for a two-cycle deferral to the July 2025 zoning agenda. Winton Cooper was not present for this vote. (September 12, 2024) Three-Cycle Deferral 8-1-0. Jana Johnson moved, Jon West seconded for a 3-cycle deferral to the March 2024 zoning agenda, with the request that the next time this case comes before the Planning Commission, someone from the DeKalb County Legal Department be present. Jan Costello opposed. (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: (February 2025) CC-1: Full-cycle deferral 3-0-0; CC-2: No Vote Taken; CC-3: Full-cycle deferral 10-0-0; CC-4: Full-cycle deferral 10-0-0; CC-5: Two-cycle deferral 7-0-0. (August 2024) CC-1: Approval (2-1-0) with the following conditions: 1) if the property is rented for 180 days or more, a SLUP should be required; and, 2) the homeowner should complete an affidavit stating they reside at the home full-time and have a homestead exemption. CC-2: Deferral 8-0-0. CC-3: Approval 7-0-1. CC-4: Full cycler deferral 9-0-0. CC-5: Denial 7-0-1. (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.