DeKalb zoning board denies appeal to stop 'Cop City' development

Atlanta Mayor Andre Dickens says at a news conference at City Hall on Jan. 31 that there are certain environmental protections in a memorandum of understanding with DeKalb County to move forward with the construction of a $90 million public safety training facility in the South River Forest. (Matthew Pearson/WABE)

This story was updated on April 13 at 9:51 a.m.

The zoning board in DeKalb County unanimously rejected an appeal that tried to stop the proposed $90 million, 85-acre Atlanta Public Safety Training Center.

Attorney Jon Schwartz said he now plans to appeal the decision to DeKalb County Superior Court. The initial appeal was filed by DeKalb County Commissioner Ted Terry and Amy Taylor, a former community representative on the project’s Community Stakeholder Advisory Committee.

“It’s disappointing that the board decided to uphold an unlawful land development permit,” Terry said.

At the appeal hearing on Wednesday, April 12, Schwartz argued that while contractors had already begun clearing the area for construction, the land disturbance permit should not have been issued, because sediment discharges from the site would exceed what’s allowed, violating state and federal law. The hearing was via Zoom.

Additionally, Schwartz argued agreements between the City of Atlanta and the Atlanta Police Foundation called for the preservation of 265 acres of greenspace on land owned by the city, but that the actual greenspace accounted for in the permit only totaled 210 acres. The zoning board said it could not comment on the green space permit.

But, zoning board member Dan Wright said it appeared DeKalb County had done its due diligence.

“I’m sorry to say so because I have reservations about this project as well and the location that is being selected and of course all of the unfortunate things that have happened related to public activists, but I’m going to have to move that we deny the appeal,” Wright said.

The project, derisively called “Cop City” by protestors, is funded in part by tax dollars, but mostly through the privately-funded Atlanta Police Foundation. It’s split between land owned by the City of Atlanta and DeKalb County.

At least a dozen people, including Atlanta Police Foundation President Dave Wilkinson, attended the appeal hearing.

Just last week, the DeKalb County Department of Planning and Sustainability issued a stop work order at the site in the South River Forest due to malfunctioning erosion control measures. Hours later, the Atlanta Police Foundation was notified it had been lifted because the issues were brought to compliance.

Activists say residents have expressed concern to public officials over the last two years construction of the training center will increase flooding and pollution in the area. There have also been scores of protests, including one that turned deadly. In January, an environmental activist was shot and killed by law enforcement during a multijurisdictional operation to clear the site.

That investigation is ongoing.