Planning Commission tables rezone request for West Evergreen property amid short-term rental questions

The Durant Planning Commission voted 5-0 to table a request to rezone 1224 West Evergreen after staff and commissioners said city zoning and the city’s defined central business district (CBD) limit where short-term rentals are allowed.

Planning staff told the commission the applicant had asked to rezone the corner lot to allow residential use and short-term rentals but that "the short term use or short short term rental or Airbnb is actually allowed only in r 3, not in the central business district," and that the CBD boundary is defined in city ordinance and would require a city council ordinance change to alter.

The applicant, Lisa Schussler, told the commission she has owned the property since about 2001 and has struggled to lease it commercially. "We got about 80 calls wanting residential. We got about 4 calls wanting commercial," Schussler said, adding that she wanted the option to operate the building as an Airbnb to attract visitors during casino events and other city activities. "I would just like it to be able to be a house or an Airbnb," she said.

Commissioners and staff discussed options for addressing short-term rentals citywide rather than only for this parcel. Staff members said other Oklahoma municipalities use an annual short-term rental license or permit to track properties, collect taxes and allow inspections; one staff member said some cities treat short-term rentals like hotels/motels for certain zoning classes but provide a separate licensing path for other zones. "They allow short term rental in any zoning classification, but they also have a special license that the short term rental owner has to get each year," a staff member said, describing models the city could study.

Commissioners expressed concern that many short-term rentals in Durant appear to be operating without having applied to the city. A staff member said the city currently lacks a permit application specific to short-term rentals and that existing listings are not being tracked for tax or code compliance. Commissioners discussed limiting short-term rentals in single-family zones or capping the number of licenses a single owner may hold.

Schussler asked whether tabling the application would require additional fees; staff said no additional fees would be charged if the commission tabled the matter and that tabling would return the item to the commission at the next meeting. Chairman Jackson made the motion to table the rezone request to the Feb. 4 Planning Commission meeting; Vice Chairman Knight seconded. The commission voted "Yes"—Commissioner Newsom, Commissioner Kerr, Commissioner Horner, Vice Chairman Knight and Chairman Jackson—so the motion to table carried.

The commission asked staff to follow up with the city council and city manager about drafting ordinance language or a licensing program that would allow short-term rentals outside R-3 or otherwise provide a compliance pathway. Staff and commissioners suggested several models to study, including annual licenses, inspections tied to renewal, conditional-use processes, and third-party monitoring services that inventory short-term rentals for tax collection.

The commission did not take final action on the rezoning; instead, the request will return for further consideration at the Feb. 4 Planning Commission meeting. Schussler was told city staff would contact her about next steps and that no additional filing fees would be required while the item is tabled.