Board of Commissioners - Regular Meeting

I'm blessed and humbled to be here today with the Queen family as we celebrate the naming of this street, the one that I pass through every day, Arthur J.

It's just a testament to his legacy, the legacy he's living through in his family and in his community. And the turnout today is just an amazing day for DeKalb County.

This is more of what we need in our community so that we can support businesses, to support growth, and to support legacy. Right? Great day, great opportunity. Y'all happy? Yeah!

good evening everybody and welcome to the thursday august 13th 2026 border commissioner zoning meeting i am your district 4 commissioner and presiding officer shakira johnson we do have a lot of items on the agenda tonight so let's get started if you'll read in the instructions please yes ma'am

Thank you, ma'am. I appreciate that. Commissioner Davis-Johnson has a family obligation and has requested that we take her items out of order. So if there is no objections, we would take the following items out of order first, N1, N4, and N11. No objections to those? No objections. Thank you so much. It is N1, N4, N11, and then we'll start back at our normal printed agenda. All right, hearing no objections, I will read out N1. I need a motion.

Thank you, sir. Motion to take items N1, N4, and N11 first.

second thank you all right thank you all in favor It's unanimous. Thank you so much. Thank you. So for N1, it's in the middle of page 6, item 2026-0707, application of Virginia Seing and Manbar Seing for a special land use permit to allow a package store in the C2 zoning district in tier 1 of the Hidden Hills Overlake District at 5395 Covington Highway. Good evening, ma'am.

Thank you so much. Now we will open the public hearing. Is there anyone in the audience here to speak in favor of this item? Or is the applicant here? I'm sorry, applicant. Good evening.

Can we get the presentation back on our screens?

Thank you. Go ahead. Thank you. Thank you.

Thank you, sir. That does exhaust the time for the applicant. At this time, is there anyone in opposition? Good morning, ma'am. Morning. Good evening, ma'am. I know. We're usually here in the morning. Go ahead. Just make sure the clock is on the screen before you start. And it's a collective 10 minutes.

Please keep your clapping down. No family restaurants.

Thank you, ma'am. Your time is exhausted. Thank you, ma'am. If staff to come back and restate their recommendations, please. Staff recommendation is for denial. Thank you. This is in District 5, induced super. District 7, is there a motion?

Yes, I have a motion and a comment. I vote for denial of this item, and I have a comment.

Please hit the button to request to speak. Second. Commissioner Bolton has seconded. Go ahead, Commissioner Davis-Johnson, you have the floor. First opportunity to speak.

Yeah, first of all, if you all had- Let me get the time, thank you, go ahead. I'm sorry. Go ahead.

Yeah, first of all, if you had contacted my office and talked to me about it, we could have had, I think, a respectful discussion of it. Secondly of all, yeah, I've been on this board for 11 years. DeKalb County has been established since the early 80s. Policies were made originally in DeKalb County that affects not only you, but affects me as well. Because guess what? I live in South DeKalb, and I live in the 5th District. And my district and the place that I live is not a dump. We have Arabia Mountain, we have Hillandale Hospital, we have Two Casa Parentes, we have Publix, we have Arabia Mou

Thank you, Commissioner Davis-Johnson. Commissioner Bolton, you have the floor for your first opportunity.

Thank you, Madam Presiding Officer. I did just want to take a brief moment to address the applicant, because you did mention that you guys put in the effort for plan modifications. You talked about adaptive reuse, and you also mentioned your community engagement, which is all things that we want. The concern is the anchor. So what I would like to do is give you an opportunity to withdraw and propose a different anchor. If you consider that within two miles, well, over two miles is the nearest grocery. We had community members mention some things that they would like in this area. They talked t

And what was shown by staff today, they showed driving distance. They didn't show a straight line. They did show driving distance in their presentation. And so that's what we're going to go with as the Board of Commissioners, what was presented by staff regarding the project. And with that, I yield back.

We can't work through anything with a denial. Okay, I got you. Yeah.

All right, Commissioner Bolton, you've yielded your time. Commissioner Davis-Johnson, would you like to speak again?

Just briefly, and when I spoke with the applicants, I did, in fact, ask them if they wanted, if they would want to withdraw, we would consider that, and they never got back with me on that. So that's my motion for denial, and I hope my second stands.

Second stands. Thank you so much. Seeing no further requests to speak, please open the machine for the vote. Motion to deny carries. So now we're going to move to page 7, item N4, item 2026-0710, Commission District 5, Super District 7, application of Love Bugs Learning Home, care of John View, for a special land use permit to allow a child daycare facility for up to six children in the R100 zoning district at 3319 Tarragon Drive. Good evening.

Thank you so much. We still have to go through the public hearing process. So is anyone here to speak in favor of this item? Is this the applicant or anyone? OK, you guys are not getting up to speak. All right. Final call. Anyone in favor of this item? All right. Anyone in opposition? Anyone in opposition of this item? All right. Seeing no one, ma'am, if you'll come back and restate staff recommendation.

I make a motion to withdraw without prejudice.

Second. Motion and a second. I'm seeing no request to speak. Please open the machine for the vote. Motion to withdraw without prejudice carries. And so now we're back going to N11, which is the last item on page 9. Item 2026-0713, Commission Districts 4. Wait. Law, can I get a clarification? It also is District 4. Do I need to hand the gavel for this one?

Yes, I'm passing the gavel to Commissioner Messiah. Thank you.

That is N112026-0713, TA261248095, Greater Hidden Hills Overlay District, Commission District 45, and Super District 7. Application of the Director of Planning Sustainability to amend Chapter 27-3.37, Division 37 of the DeKalb County Code of Ordinances. This application is for the amendment of Greater Hidden Hills Overlay District to align with the vision and the goals of the community for the future development of the area. Great evening. How are you doing today?

Thank you so much. So we are the applicant. Is there anyone else here to speak in favor?

Thank you so much. Next, we're going to call for anyone that would speak in favor of this agenda item.

Give me one second. Can we make sure that we are starting the clock? Thank you. Go ahead.

Thank you so much. Is there anyone else? We have just roughly over six minutes and 30 seconds left. Anyone else in favor? Seeing none, is there anyone in opposition? Is there anyone in opposition that would like to speak? Seeing none, if you wouldn't mind, just repeat the recommendation of staff.

Thank you so much. We have a first and we have a second. Can we open the machines for a vote? I'm sorry. You're absolutely right. I'm ready for the motion, please. I'm sorry. Uh-huh.

Well, I'll tell you, I got both of the Francis teaming up on me tonight, so I make a motion to approve this item.

Second. Thank you. Seeing a proper first and a second, we have Madam Peel would like to speak.

Thank you so much, and I would like to third that motion. I would really want to take the time to applaud the community for being proactive in 2011, 2019, and all the way through. And this is a great example of how you are proactive and you work with our staff to try and get what you want in your community. So I do applaud you all for that. And I'm also grateful that the Friarsons agree on this because I'd hate to see what life at home would be like if you did not agree. Thank you again so much.

Thank you so much, Madam Pio. Thank you, Madam Pio. Commissioner Davis-Johnson.

Yeah, I did not commend the community. And I tell you, the Hidden Hills community is one of the many homeowners association that works very diligently with DeKalb County for the benefit of their community. They've done so for the 11 years that I've been on the commission. And then I'm sure for years prior to me coming on the commission, they're a beautiful, beautiful community. And they're very dedicated. community and working together for the benefit of the community. And one thing that I didn't mention earlier was the beautification grants. that Hidden Hills took advantage of. And I want to

Thank you, Madam Chair, and thank you, Mr. and Mrs. Frierson, for sharing your support for the plan. Great work, Tricia, on working with the community to envision what they would like to see in the future. I definitely support... the inclusion of the cottage homes. I think that's a very, you know, practical, missing middle housing type that I think if we gave folks more options to, you know, pick the product size about, you know, that fits with their lifestyle and where they're at in their particular point in life creates well-rounded housing options for first-time home buyers, you know, start

Thank you, Commissioner Terry. Commissioner Bolton.

Thank you. And not to beat a dead horse, but I did want to iterate. Considering that I represent the entire eastern half of the county, Hidden Hills is one of the communities that works very well with commissioners, with staff, and lets us know what it is that they want. They use the tools in the code to their advantage. Actually, a couple months ago when we met and they first told me they were interested in a special service district, I said, well, did you consider how it affects your taxes? They said, we looked at everything. We measured the progress or lack thereof over the years. We know w

Thank you. Are there any other questions or comments? Seeing none, can we open the machine up for a vote? Congratulations, that passed. Passing the gavel back.

Thank you so much. And congratulations on passing that item. So now we are back to the beginning of the agenda. We are on page two, item D1. So these are under deferred cases. Item 2025-0970, Commission Districts 3 and 6, application of PCC, DeKalb LLC, care of Stephen L. Jones, Taylor Duma LLC for a special land use permit to allow utility structures for the transmission or distribution of services in the RSM and MU1 zoning districts, the Boulder Crest Overlay District, Tier 5, and the Slopestone Historic District, 4-2-8-0 and 4-3-5-8 Loveless Place and 2-2-8-1 Pine View Trail. Good evening,

Thank you so much. Now we will open the public hearing. Is there anyone here? Or is the applicant here? I'm sorry. Good evening, sir.

Thank you. We can't ask you the questions at this time, but if the commissioners, when they're deliberating, have questions, they can call you up. Thank you. Is there anyone else to speak in favor of this application? Anyone to speak in favor of this application? All right, anyone in opposition of the application? And please don't run over each other.

Thank you. Next speaker. You have just over seven minutes left.

Thank you. We've got about a minute and a half left.

Thank you, sir. You can ask if that's appropriate to do that. So at this time we have exhausted the time to speak from the public if our staff would come back up and give their recommendation.

Staff recommends denial. Thank you so much. This is in District 3 and Super District 6. Is there a motion? Commissioner Terry, I'll let you make the motion.

Would the applicant like to have rebuttaled? They did have time left on their clock. No rebuttal? Okay, thank you. Is there a motion?

Yes, thank you, Madam Chair. At this time, I move to deny this application on the grounds that it fails to satisfy the special land use permit criteria contained in subsections A, B, C, G, and H of section 27-7.4.6 of the county zoning ordinance. Additionally, the application is inconsistent with the county's comprehensive plan and the goals of the Boulder Crest Overlay District.

Is there a second? I have second. Is anyone requesting to speak on this item? I see no requesting to speak. Please open machine for the vote. I'm missing Commissioner Long-Spears. Motion to deny carries. Thank you so much. And I would like to thank the audience for being very respectful during this process tonight. I know you guys are very passionate, and our rules can be annoying to you, but I do appreciate you adhering to them tonight. So thank you for that.

just just briefly I'm just going to say thank you so much just briefly I'm going to say to the community that you know people believe lies without evidence and it takes twice as much information to believe the truth I want you to remain engaged sometimes the loudest people are not the people that are fighting necessarily for what you want in the community but I employ you to keep engaged keep involved and I look forward to more truths coming out thank you

Thank you, Commissioner Mosiah. We are now moving to D2, which is page 3, item 2026-0139, Commission District 1, Super District 7, Application of Urban View Apartments, Care of Battle Law, P.C., to rezone properties from OI Zoning District to MR1 Zoning District to allow a townhome community at 3003 Shambly Tucker Road and 2936 Mercer University Drive. Welcome back to the podium. Thank you.

Thank you, ma'am. Is the applicant present? Good evening, ma'am.

Thank you. Anyone else in favor? Come to the microphone. If we can pause the clock. All right. Start the clock back. Thank you.

Of the changes. OK, thank you. I just wanted to make sure we were all clear.

Anyone else in favor? All right. Is there anyone in opposition who would like to speak to this item? And there's about a minute left of the in favor. Anyone in opposition? All right. Seeing no one in opposition, if staff could come forward again and give their recommendation. Staff recommendation is for denial. Thank you so much. Is there a motion?

Yes, Madam Presenting Officer, thank you. I'd like to make a motion to defer for 30 days, and then I do have some follow-up questions for that.

Second. We have a motion and a second. Commissioner Patrick, you have the floor.

Okay. Attorney Battle, good to see you. Good to see you. So some of the basic questions I have, how is trash going to be picked up on the property? Is the idea that everyone takes their trash to a central receptacle, or will the garbage trucks come in and pick them up?

And just to be clear, does that mean that Concierge Trash is going to collect everything and drop it at a central location?

OK. And just because we have the finest sanitation department in America.

I want to make a pitch for our guys. Absolutely. Solid waste. But I do want to encourage that. I guess my rationale for asking that is I would really not want to see the central collection area at the front. Oh, definitely not. Got it. Understood. And so if you're able during these 30 days to sort of indicate specifically where the sanitation collection point would be located, maybe a little bit of understanding of how it's going to be screened. Okay. That would be helpful. Okay. And I will note that this Board of Commissioners adopted an ordinance that says essentially a ratio of you've got t

Absolutely. When it comes to parking spaces, and this is something that I've seen throughout my career, particularly on multifamily developments like this, who is responsible for the allocation of parking spaces? How many parking spaces go to each unit? How are you addressing the idea of parking in general? And then when company comes over, Where are they parking? Gotcha.

We're running short on time, so if you can just, I'll go with your word.

And this property only has a single entry point. Can staff look into that or just verify that for us by the time we get back? That's in the land development code. Article 14. And then if you could just clarify where exactly the trail will be located. Okay. And the documents you had were nice, but they kind of got a little fuzzy as you started to zoom in.

So my assumption is it really should not be in the stream buffer. We don't have money to build it, so they're not building it right now until we show it. Well, there you have it. They're staking it out, though. Okay. Wherever it's staked, that's where we'll be. Understood. So I guess part of my ask, since my time is running out, I suspect my colleague is going to have some questions. If staff, if we could get together with you with some other conditions before we come back for the 30-day. Absolutely. And then if you could just, we'll have those formalized. And one final question. On the diagra

That's 14 years of planning, my friends.

Thank you, Commissioner Patrick. Commissioner Bolton.

Thank you, Madam Peel. And thank you, Commissioner Patrick, for asking those questions. Some of those, not all of it, are things I was considering. First, I did want to just mention to staff, I would like to meet with you guys because I kind of want to talk through what you suggested versus how it contradicted with what Ms. Battle suggested. spoke about today, because some of it I was excited about. So that brings me to my question for you, Ms. Battle. Was it the extent to what was being suggested, or are you indicating that no mixed use is a possibility here? And what did that conversation lo

Okay. Thank you, ma'am. And I yield back.

Thank you so much. Commissioner Patrick, your second opportunity.

Thank you, Madam Presenting Officer. One final question, Attorney Battle. I think you said the community was okay with up to 20% rental. Is that correct?

Thank you, Commissioner Patrick. Seeing no further requests to speak, please open the machine for the vote. Motion to defer carries. We are now on case D3, which is item.

For decision only. Thank you. I missed that.

Motion to defer for 30 days to decision only. And according to this document right here, 30 days gets us to September 8th.

Thank you. Thank you so much. All right. Do we need to re-vote, or is that clear? All right, thank you, sir. All right, Case D3, Item 2026-0143, Commission District 3, Super District 6, Application of TK Investments, LLC, Care of Battle Law, PC, to rezone properties from R75 Zoning District to MR1 Zoning District to allow for a mixed residential community at 2674, 2682, and 2690 Gresham Road. Good evening.

And to be clear, this is for a public hearing?

Is there anyone else wanting to speak in favor of this item? Seeing no one, is there anyone here to speak in opposition?

for public hearing. Is there a motion? Motion to defer to the September 24th BOC with public hearing.

Thank you. Commissioner Terry has seconded. I am seeing no request to speak. Please open the machine for the vote.

Yeah, our cheat sheet says 22nd, but let's confirm.

That might be for the BOC. I think that's BOC, but I think the zoning is the 24th.

Well, are we going for the BOC or are we going for the zoning meeting? Yeah, that would... Yeah, because, no, it can't be the 22nd.

One more try. All right. Mine is correct in September 24th, though. That stands. September 24th is the date for this. Thank you. Thank you.

We'll just finish this one, and we'll go back to that one, ma'am. Please open the machine for the vote. Motion to defer carries. So I'm going to go back to D3. I'm going to reread the item.

Do I need to do the motion to reconsider? Yes. Motion to reconsider item D3. Or D2. I'm sorry. D2. 2026-0139. 2026-0139. Second. Hit your buttons. Please open the machine for that vote.

You guys can get your vote in for me real quick, Commissioner Terry. Commissioner Terry, can you vote for the reconsider, please? Thank you. All right. So now I'm going to read the item, and we'll start over. Great. Item 2026-0139, Commission District 1, Super District 7, application of Urban View Apartments Care About a Law PC to rezone properties from OI Zoning District to MR1 Zoning District to allow a townhome community at 3003 Chamblee Tucker Road and 2936 Mercer University Drive. Yes, Commissioner Patrick, we're just clarifying the meeting date.

So if you can restate your motion with that date, Commissioner Patrick.

Just for clarity, we are meeting September 24th.

Then I would move to move it to the September 24th nighttime meeting for decision only. You can do it as decision only. Okay. And, again, I apologize to everybody. The rationale is I'm actually going to be at regional leadership training on the 15th. And so the 8th would have been a better day, but it is what it is.

Great. Decision only. Thank you so much. If you'll hit your button. Second.

Thank you. And if we can open the machine for the vote. Thank y'all so much, and thank y'all for keeping us on track. Thank you. Okay. On to page four for... Case D4, item 2026-0150, District 3 and Super District 6, application of Eisenhower Services Incorporated care of Tracy Swearington Sr. to amend the character area from light industrial to suburban character area to allow a single family residential development at 1680 and 1700 Henrico Road. Welcome back.

Yes, sir. Item 2026-0150, Commission District 3, Super District 6, application of Eisenhower Services, Inc., care of Tracy Swearington Sr. to rezone property from Tier 4A of the Boulder Crest Overlay District within the Soapstone Historic District with underlying... M Industrial Zoning District to Tier 5 of the Boulder Cross Overlay District within the Soapstone Historic District with the underlying R100 Zoning District to allow for a single family residential development at 1680, 1690, and 1700 Henrico Road. Yes, thank you.

Thank you, sir. Is the applicant here with us today? Good afternoon.

Anyone else here in favor of the item? Anyone else in favor? All right, thank you. Anyone in opposition? Good evening. One second. There's the clock. Okay, go ahead.

Thank you, sir. Anyone else in opposition? Good evening, ma'am.

Thank you, ma'am. Is there anyone else here to speak in opposition? Anyone else in opposition? All right. Um, there is some time for rebuttal left if you would like to have rebuttal, sir.

Thank you, sir. If staff will come up and give the recommendation again.

Bless you. All right. Thank you, sir. Is there a motion? And we'll do these separate. So first is item 2026-0150. Motion to approve. Is there a second? Second.

All right. Thank you, Commissioner Terry. Commissioner Messiah has the floor.

Thank you so much. There are a number of considerations I'll tell you here as a commissioner that I am keeping in mind. One is the illegal truck parking that continues to run rampant and terrorize not just the commercial community, but also the residential community as well. Not to boot that it's illegal continues to create a challenge. I will also read just a couple of points that stood out for me in preparation even before hearing today that I agree wholeheartedly with staff and I have has been supported by the residents in the area and that it is the policy that is currently written is esse

My motion stands to approve Thank You, Commissioner Terry Yes, thank you madam chair can staff pull back up their presentation Please And John you go back to the site plan Yeah, start right there. So If y'all would like to see it, I can see it, but if y'all, if you can put it on their screens, please. So I think the biggest issue that we have with this particular area is these two parcels that are on either side of this, basically what sort of appeals like a flag lot. And I do think the concern of having the exit at Henrico Road right across from the truck exit point will – might face some tra

Is it a staggered intersection from Copper's Court, or is the alignment exactly as an intersection?

Let me see. Maybe go one slide forward. You can't really see it. Okay. So I think that right, just this issue right here, I think does warrant further discussion with planning staff and the transportation department. I think it would be more, and go back to the previous slide, John. So that's just one like safety issue that I think we haven't resolved here. The other is that if you look at these three parcels combined, the opportunity to create something that might be a little more of a live-work, mixed-use type development, I think, would... be really interesting, in my opinion. What we've ta

you thank you commissioner terry if we can get the voting portion back on our screens please All right, Commissioner Terry, you made a substitute motion. Is there a second for his substitute motion? Second. Seconded by Commissioner Long-Spears. So if we can reflect that in the machines. And now, Commissioner Asai, you have requested to speak for the second time.

Thank you so much. I mean, again, one of the things that staff even suggested is this would allow for a diversity. There are certain neighborhoods that just don't lend itself to to having some of the ideas that my colleague has here. But I'm going specifically to one of the documents in Department of Planning Sustainability, and that's the Public Works Traffic Engineering Zoning Comments Forum. And the comment specifically says, after review, no traffic concerns are identified with the proposed rezoning and special land use permit modification. So it is specifically addressing the issues relat

Thank you. Commissioner Terry, your second opportunity.

Before you start, I wanted to clarify your motion again for me, sir?

Yes, which would be... Public hearing? Yes. Well, yeah, just to go back through the cycle. Oh, that's true.

So it would be the November 19th meeting, zoning meeting. So I still want to work with Commissioner Messiah on this agenda item. I've I think that there's an opportunity for us to put our heads together, get with the CID, which is a stakeholder, but also the nearby neighbors and I think the planning department to figure out if we can work out something that would get us to an approval or at least a consensus. I would just ask my colleagues just to give us a little bit of time to work out the differences. I feel confident that we can have meetings over the next few months, try to iron out some

All right, thank you so much. Please open the machine for the vote. Wait, Commissioner Patrick, you jumped in at the last second there to request to speak.

So as you know, I represent District 1, and I'm going to talk about District 1. So way back in the day, in the 1940s, it was way back in the day before most of us were born. But there was this notion of develop, get it done. And so Plantation Pipeline came along, and GM came along. And at the time, I guess there was this notion of living close to work. We didn't have 285, and we just wanted to get to work quickly, I guess. But between the tank farm and GM, they built a neighborhood that I lived in. And with the neighborhood, they built a school, and there was always the concerns of tanker truc

Machines are open for the vote. You guys are kidding me. Deferral carries for this first item. Next we have item 2026-0151, which was the companion item. Is there a motion?

Is there a second? Your motion fails for lack of second. Is there a substitute motion?

Yes, motion to defer for two cycles to the November 19th meeting for public hearing.

Thank you. If we can clear the board so he can hit the button. And is there a second for his motion? Michelle, can I get a second? All right. Okay. Seconded by Commissioner Bolton. Commissioner Masai, you are requesting to speak, correct?

Yes. Okay. I just want to say that plain and simple, what's going to happen is the residential potential properties in here is going to end up being an issue. So there used to be, and I also want to make sure it's abundantly clear, something called a work courtesy in our particular district to the community. You realize that that's not necessarily the case. in all instances into the community that has sought for residential and to be able to have buffers particularly where we have illegally parked illegal trucking and we're allowing that to continue along with other plans that have not been co

Thank you, Commissioner Messiah. Commissioner Terry.

Thank you, Madam Chair. Yes, so I am committed to working with Commissioner Messiah.

Go ahead. The planning department and Mr. Swearington and the CID. I think it would be good if we can take the next couple of months and come together and figure out something that I think both Commissioner Messiah and I can support. I think we actually are pretty close. I really would like to keep us focused. on seeing a positive development for the overlay district i do support more housing in the overlay district in general and i'm hoping that we'll have an opportunity to reach that consensus in the next few months so i'm committed to that commissioner messiah we will reach out to your offi

Thank you, Commissioner Terry. Seeing no further requests to speak, please open the machine for the vote. Motion to defer. Two full cycles carries. Thank you. Now, bottom of page five, item case D6, item 2026-0453, all commission districts, application of the Director of Planning and Sustainability for a text amendment relating to residential entertainment in RE, OI, OIT, M, M2 zoning districts, and for other purposes. Good evening, ma'am.

I know. She was talking commission districts, too.

Yes, I will read out case D7. I was like, I didn't call out D6. It's okay. I'm all right. Item 2026-0629, all commission districts, application of the director of planning and sustainability for a text amendment to identify repeated nuisance properties for and establish pathways for notice, corrective action, and related administrative fees. This text amendment is countywide. Thank you, ma'am.

Thank you, ma'am. Is there anyone here to speak in favor of these items? Anyone to speak in favor of these items? Seeing no one, is there anyone here to speak in opposition?

Anyone here to speak in opposition? All right, seeing no one. Ma'am, if you will come back up.

Thank you so much. So we'll start with case D6, which is item 2026-0453. Is there a motion?

Madam Presiding Officer, you can take both of those together.

Okay, so for 2026-0453 and 2026-0629, does your motion stand?

Motion stands, two cycle deferral for both. Second. And you second that.

Seeing no request to speak, please open the machine for a vote. Two cycle deferral carries, thank you. All right. So that exhausts our deferred cases. Now we're on to new cases. We've already done N1, so now we're on N2, which is bottom of page six. Item 2026-0708, District 3, Super District 7, application of Jamila Brown to rezone property from R75 in Tier 2 of the I-20 Overlay District to C1 Zoning District in Tier 2 of the I-20 Overlay District at 2570 McAfee Road. Welcome back.

Is the applicant with us this evening? Good evening.

Thank you so much. Is there anyone else who would like to speak in favor of this project? Anyone else in favor? All right, seeing no one. Is anyone in opposition? Is there anyone in opposition of this zoning case? Seeing no one in opposition, staff, if you can come up and restate your recommendation. Staff recommendation is approval with conditions. Thank you so much. Is there a motion? Motion to approve with conditions. Thank you. Second. Thank you so much. And Commissioner Masai has requested to speak. You have the floor, ma'am.

Just thank you for the presentation you put together. I heard from planning, and we were able to go through part of the presentation you put together. And my understanding is that you guys did an amazing job at organizing, structuring, and presenting it to make it easier for people our staff to support and thank you for bringing it into our community and into the district. There's nothing wrong with being a city of Atlanta educator. I'll tell you, both of my children, one of which I've got to go in a moment to go support moving into LSU, but graduated from city of Atlanta. I've always said, ev

Thank you, Commissioner Messiah. Commissioner Bolton.

Don't take this the wrong way, but I don't think you did your due diligence in describing what a great program that you will be bringing to DeKalb. I think you did a better job in our meeting, and you're leaving everybody in the room wanting to know more. But I'll leave that up to you to take time to share. I will say McAfee is not in the city. It's in unincorporated. And we want to make sure that you do invite our schools that are not. in the city of Atlanta, but our DeKalb County schools to come and be a part of some of your programming and be able to participate in your internships and othe

Thank you so much. I see no other requests to speak. Please open the machine for a vote. Motion to approve with conditions carries.

Motion to take agenda items out of order N7 through N10.

Just confirm it, N7 through N10? Yes, ma'am. Yes. Commissioner Terry has seconded. All right, so just by show of hands, all in favor?

Look, y'all all can't leave. I need at least four up here.

Case N7, page 8. You don't have to keep me track on where we are. Item 2026-0824, District 3, Super District 6, application of the Director of Planning and Sustainability to amend the land use plan from light industrial character area to suburban character area at 1670 Henrico Road. Didn't we just do that one?

Are we taking them together or separately? Together. OK, that helps. So item 2026-0825. District 3, Super District 6, application of Director of Planning and Sustainability to rezone property from Tier 4A of the Boulder Crest Overlay District within the Slope Stone Historic District with an underlying M Industrial Zoning District to Tier 5 of the Boulder Crest Overlay District within the Slope Stone Historic District with an underlying R100 Zoning District at 1670 Henrico Road. And then in nine as well. Okay. Item 2026-0826, Commission District 3, Super District 6, application of Director of P

And would that approval have conditions? Not from the planning department. OK. Thank you so much. Is there anyone here to speak in favor of this item? These items? In favor of these items? Anyone to speak in favor of the rezone of these parcels? All right. Seeing no one in favor, now is there anyone in opposition? If you're in opposition, you can now step to the mic. Thank you. Thank you.

Thank you, ma'am. Anyone else here speak in opposition? Anyone else to speak in opposition of this item? All right, I am seeing no one. Sir, if you'll come back up and restate staff recommendation.

Seconded by Commissioner Tarrick. Commissioner Masai, you've requested to speak. You have four minutes.

Thank you so much. I appreciate it, Madam Peo. As shared, this is around and adjacent to the previous item that we dealt with. And it was thought and a forethinking of planning department to consider the transition from the industrial that we have now to residential and some of the challenges that are happening in the residential community and in the industrial. This is very much to try to create a separation and a delineation between where there's residential and where there is industrial. With that being said, to encompass a specific area that is residential and then a specific area where it

not even a developer but planning department has put forth here and actually approve it thank you thank you commissioner messiah commissioner terry thank you madam chair um john can you pull up the the map again please and um if the county attorneys could also come up please have a question for y'all as well give them a second and they'll get it back on the screen There we go. Okay. Do you have the satellite map? Okay. So when you – and, John, I know you were in these conversations going back a year because as we were discussing the Boulder Cross Overlay District and some of the long-range pla

Would 30 days be enough time? Stop. I mean. OK. All right. So commissioners, that would be my request is if just, and I think we can certainly talk about the merits of this application. But if it's possible for the law department to provide just I guess a memo, basically, on the implications of this land use change on existing businesses.

You've exhausted your time, Commissioner Terry. If we can get our voting screens back up so I can see if there's anyone else requesting to speak. All right. Commissioner Bolton has requested to speak.

You have the floor for your first opportunity. And please excuse me if you already communicated this while I stepped out, but was the four applications from planning, were these already underway or were these proposed as a result of the previous applications that we saw earlier in the meetings?

And prior to did the, I think the CID president has left, did they propose anything prior to you guys coming up with this strategy that you've presented before us today? Because he seemed to have strong feelings about the other project earlier. Just curious if they proposed anything else prior to.

Okay, thank you. I yield back. Thank you so much. Clarification, Commissioner Terry, are you requesting a second opportunity, or that's a hangover from your first one?

Yeah, I think Commissioner Masato is next.

Well, technically, you're next because we're now on our second round, so you can go ahead and go.

Okay, great. Thank you. So, Whitney, you're saying that y'all have already looked into the existing business, and it's like y'all have already sent them a letter?

Okay. Gotcha. Um, so what are in, in the suburban character area are, is there allowances for any light industrial or we'll just call it non, you know, intensive industries like an artist studio or a maker space or something that might be like, you know, I guess light manufacturing, I guess that's the lightest we have, but suburban basically just is just housing, right? Okay. Is there any live work in suburban?

Right. Right. And so we're doing the small area plan to. update the overlay and I think that the reason why this property I think is are these parcels are interesting is because the industrial is to the west is directly to the south and then of course there's the single family suburban to the east and the northeast and so to me this was an opportunity to hopefully reach some consensus where there might be some I'll just call it very light industrial. And maybe it's a live work, right? Maybe it's something that's maybe an MR or RSM maybe or MU1. And I don't know what character area that might f

That's right, and we're working on a small area plan, or we hope to be working on an official small area plan to update that overlay. Yes, thank you. I'm going to withdraw my second because I do believe we should give this a little more time and context with the other application. Thank you.

All right. Is there a second for the motion to approve? Commissioners, is there a second for the motion to approve? Seeing no second, it does. I'm going to fail for lack of second, but I would like to continue the conversation because Commissioner Messiah has requested to speak.

Yes, thank you so much for still allowing me to speak. Again, it just goes back to what I shared about the D4 and D5 in terms of the necessity. Thank you so much, Commissioner Bolton. The necessity to have a clear delineation between the residential and the commercial. Well, at this point, I'm just commercial, industrial. Staff had the foresight and saw where the challenge was being presented and They have also been hearing some of the concerns of the community and realized there's an opportunity here to be able to have a clear delineation.

One second, Commissioner. This is our second opportunity, if we can correct the clock.

Thank you. And with that, being able to support that, there are illegal operations that are taking place throughout. and an effort to resolve that issue and to create more of a buffer and a safety line for the community. We have what is proposed by planning, but then we also had the other request, which I am happy to have a motion for reconsideration and be able to have that delineation for. I can't get around, and I'm really... challenge with some of the motivations behind some of what's going on when the residents are being told that the small area plan is being modified for their benefit. H

Thank you, Commissioner Messiah. I see no further requests to speak. Please open the machine for a vote. Commissioner Bolton has requested to speak.

Can you guys just restate what the recommendation was from Planning Commission and Community Council?

They put it together in the first place. That's why it was.

I'm sorry, you said a withdrawal and what now?

Okay, both planning commission and community council. All righty, thank you.

Yes. Yes, Commissioner Bolton, you hit the second button.

Yes, my second stands. Second stands. And again, this is for N7, N8, N9, and N10.

Do I need to take these separate or they're good together in a vote?

That's fine. Okay, thank you. I did read N10, yeah. So do I have all my? You're remissioning you, Commissioner Bolton.

I did, but I didn't realize there was a request for a deferral. All right.

Motion to approve carries. Thank you. Motion to reconsider with the other one.

I just want to say you owe me because I had one item.

Fair enough. Is there a second on her motion to reconsider? Do you need me to ask the law department? The law team, the question is who can make the motion to reconsider an item?

And also part of the question is, can we reconsider in a zoning situation?

Thank you. Thank you. So now we're going back to, and y'all keep me honest if I missed one. I think we're on N3, which is on page 7. Item 2026-0709, District 2, Super District 6, application of Muhammad Alwana, I feel like I did not say that correctly, so I apologize, to rezone property from OI Zoning District to C1 Zoning District to allow salon suites at 3040 Briarcliff Road. Good evening, sir.

I always appreciate your levity in your reports. Thank you. Thank you. Is the applicant with us this evening? Good evening, sir.

Thank you, ma'am. Anyone else to speak in favor, or did the applicant want to come back up? OK, good. Anyone else in favor? All right. Anyone in opposition of this item? If you're in opposition, please step to the microphone up here, ma'am. Thank you for being with us.

Thank you, ma'am. Is there anyone else here to speak in opposition of the application? Anyone else to speak in opposition?

Thank you, ma'am. All right. Seeing no one else requesting to speak in opposition, applicant, you do have some time for rebuttal.

Thank you so much. Is there a motion? Motion to defer this item for 30 days for decision only. I believe that date would be the Tuesday, September 15 BOC business meeting, which begins at 9 AM.

Is there a second? Seconded by Commissioner Terry. She was thinking.

Go ahead, Commissioner Long-Spears. Thank you, Madam Presiding Officer. Thank you for both of y'all for being with us tonight. My office will be reaching out to set up some time to chat. Thank you so much. I yield back.

Thank you, Commissioner Long-Spears. I see no further requests to speak. Please open the machine for the vote. Motion to defer carries. Our law department, did we have a ruling on the request?

Okay. Understood. With that being said, does anybody on the prevailing side want to make the motion to reconsider? Hearing no motion, we will move forward in the agenda. So we are now on N5 and N6. So N5 and N6 both have me as District 4, but also District 6 and District 7. I don't think so, ma'am. So Commissioner Long-Spears, could I pass the gavel to you, ma'am?

I would gladly accept the gavel. metaphorical go. Thank you, ma'am. Thank you, Madam Presiding Officer. We are in the middle of page 7 in 5, 2026-0711, Commission Districts 4 and 6, application of Claudette Pyle for a special land use permit renewal to allow personal care home for up to six clients in the R85 Zoning District, 4293 Hamburg Way. And welcome to the podium, Lucas, for the recommendation.

Thank you so much, sir. Is the applicant present with us today? If so, welcome to the podium. Please state your name and address, and you have.

Thank you very much for your presentation and being with us this evening. Anybody else here to speak in support of this item? If so, please come to the podium. Anyone present to speak in opposition of this item? Please come forward to the podium. State your name and address, please. Reminder that you have 10 minutes total for the opposition. Thank you.

Thank you very much. Anyone else here present to speak in opposition or against this item? Going once, going twice. All right, if the applicant would like to come back to the podium, you have roughly a minute left.

Thank you very much. Staff, please come back to the podium to restate your recommendation.

Thank you so much. Commissioners, do we have a motion? Yes, ma'am. I move to approve with conditions. Second. Thank you for your motion. Hit the buttons, please. All right. Commissioner Johnson has requested to speak. You have the floor, ma'am. Yes, ma'am.

Thank you. So in light of, if the applicants would come forward, in light of the neighbor's statement, could you just kind of give an idea of how you might be able to address the parking issue in the future?

Thank you for that. I think that would be key to make sure that you're paying attention to where people are parking, communicating with anyone coming to the property, but also communicating with your neighbors. So there's open dialogue as the issue continues. Thank you. Thank you. Thank you. I see. Thank you.

Thank you very much. All right. Seeing no one else requesting to speak, please open the machines for a vote. That motion passes. Moving on to case N6-2026-0712, Commission Districts 4 and 7, application of Rooted in Christ Academy, LLC, care of Chiquita Stokes for a special land use permit for a child daycare facility for up to six children in the R100 Zoning District 6706, Princeton Park Trail. And welcome back, Lucas. Thank you so much.

Thank you. All right. That was brief. We appreciate that at 9.22 at night. All right. Is the applicant present? Thank you so much. Please come to the podium. State your name and address. You do have a total of 10 minutes. I only have four copies.

Thank you so much. Is anyone else here in support of this item? Seeing no one. Anyone present to speak in opposition or against this item? Going once, going twice. The applicant would like to come back to the podium. You're welcome. You do have a little bit of time left. You're good? Okay. All right. Staff, please come back to the front podium and restate your recommendation. Thank you very much. All right, commissioners, do we have a motion?

Yes, ma'am. At this time, I move to defer for two weeks for decision only.

Could you state the date of the next meeting? Which would be August 25th. Thank you. Second. Thank you. We have a proper first, a proper second. Commissioner Johnson has requested to speak. You have the floor, ma'am.

Yes, I did have a question. I just wanted to make sure I had clarification on the distance requirement. Is the distance a travel distance, or so to speak, as the crow flies?

All right, I yield. Did you have any? Okay.

Commissioner Johnson, Commissioner Bolton.

My question is for the applicant. You can come to the microphone, to the podium. I just wanted to clarify whether you currently have any children in your daycare, or would this be a new establishment for you?

Is this your primary domicile? Do you live there? Oh, yes. I live here. Okay. Can staff come to the podium and just reiterate what that maximum number is that's allowable without necessarily having a slip in place?

So, Ms. Stokes, were you aware that you could have up to three students, up to three children in your daycare without having a special land use permit? No, I was not aware of that. Okay. And is that something that you would consider starting with the three and then coming back and requesting up to, I think you said six today is what you're looking for?

Well, if you just want to have your three, you don't have to do anything. You're allowed to do that by right. Right. I'm saying to do the six, I would have to do this whole process again?

Yeah, you would need to come back for the slut process to get your six.

OK. Our planning staff just communicated it is not a driving distance. Is that correct? It's not the driving distance. It's proximity, so the straight line is allowable.

Understood. Those are my questions. I yield back.

Thank you, ma'am. Thank you very much, Commissioner Bolton. Seeing no other requests to speak, please open the machines for a vote. All right. That motion passes, and I am passing the gavel back to our esteemed presiding officer. Thank you, ma'am. To adjourn us.

I know. For the most important item of the night. But we did cover everything. We were back and forth. I want to make sure we covered all the cases. I didn't skip anything, right? All right, perfect. If I can get a motion to adjourn, please.

Somebody hit some buttons, though, for me.

All in favor? Yeah. Thank you, everybody.