The DeKalb County Zoning Board of Appeals voted unanimously to deny an appeal of the land disturbance permit (LDP) issued for construction of the controversial Atlanta public safety training center.
The ZBA’s April 12 decision means construction of the training center will continue off Key Road in southwest DeKalb, near the Old Atlanta Prison Farm and Intrenchment Creek.
The appeal of the LDP raised concerns that construction of the $90 million facility would further pollute Intrenchment Creek, a tributary of the South River, in violation of state law. The ZBA’s decision can be appealed in DeKalb Superior Court.
Some ZBA members said that while they believe the county’s planning director followed all rules necessary to issue the LDP permit, they had personal qualms about the project.
“Even people in my own family are opposed to this training center,” said ZBA member Mark Goldman.
“I’m not convinced that it was the best site, or is the best site, for a training center and I, too, have concerns about the impacts on the environment,” Goldman said.
Dan Wright, vice chair of the DeKalb ZBA, also said he had reservations about the project and its location as well as “things that have happened related to public activists.”
But, Wright added, “I don’t see any clear evidence that that the county has not met due diligence.”
Amy Taylor, who lives near the site of the planned training center and is a member of the training center’s community stakeholders advisory committee, filed an appeal of the LDP in February, as reported by Saporta Report. Joining her in the appeal was Carolyn Tucker, who also lives near the construction site, and DeKalb County Commissioner Ted Terry.
Their attorney, Jon Schwartz, argued that the training center development would allow for too much sediment discharge into Intrenchment Creek in violation of state regulations.
Specifically, he said, “Sediment discharges from the project site during clearing, grading, and construction would exceed the numeric wasteload allocation for Intrenchment Creek and contribute to the violation of water quality standards for Intrenchment Creek.”
But DeKalb County and the Atlanta Police Foundation, the nonprofit organization developing the training center, hired experts who said the discharges did not violate any regulations.
“I heard what the lawyer said I read what the [state] environmental protection division PhD said and they seem to be at odds,” Wright said. “I don’t know how to resolve which of them is right.”
Leah Ward Sears, former Chief Justice of the Supreme Court of Georgia and now an attorney with Smith, Gambrell & Russell, represented DeKalb County during the ZBA hearing.
She told Wright and the zoning board that if Taylor, Tucker and Terry could not prove their point, the permit approval stands.
“If they did not meet their burden, then that’s it,” she said.
Simon Bloom, attorney for the Atlanta Police Foundation, said environmental regulations are being followed carefully.
“This is the most watched real estate development project in the region,” he said. “It is being inspected every single day, which is outlandish to suggest, not only by independent and objectively-hired inspectors, but also by the county inspectors.”
DeKalb County CEO Michael Thurmond announced Jan. 31 in a joint press conference with Atlanta Mayor Andre Dickens that the county approved the land disturbance permit for building the training center after an 11-month process. The site of the training center is located in unincorporated DeKalb, but is owned by the city.
“It’s disappointing that the board decided to uphold an unlawful land development permit,” said Terry in a written statement through their attorney, Jon Schwartz.
Mayor Dickens praised the ZBA’s decision in a news release.
“I thank the members of the DeKalb County Zoning Board of Appeals for their diligent review of this appeal and for their unanimous decision to uphold the permit,” Dickens said.
Dickens said the public safety training center has been reviewed and approved by the Atlanta City Council, the DeKalb County Department of Planning and Sustainability, the DeKalb County CEO, and the Georgia Department of Natural Resources Environmental Protection Division. He also noted a Fulton County judge denied an injunction to halt construction work of the training center.
“Every part of this project has been scrutinized and has been found to be fully compliant with the law and all environmental protection requirements,” Dickens said.
Known derisively as “Cop City” by its opponents, dozens of activists have been arrested and charged with domestic terrorism for confrontations with law enforcement and destroying construction equipment.
Activist Manuel Terán was shot and killed by Georgia State Patrol troopers on Jan. 18 during a clearing of protesters from the property.
