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BOC Zoning Hearing · 2026-08-18

A motion to deny a Creative World Schools site plan amendment failed 2-3, then a substitute motion also failed before a third finally got the votes. That back-and-forth on item O.B. 13 was the most contested thing in the room Tuesday morning.

✅ What passed

SLUP-3 (1284 Kennestone Circle, District 2) got continued, not decided. The Board voted 5-0 to push the Joe Dirt Development special land use permit for organic green waste chipping and grinding to the October 20, 2026 hearing (SLUP-3).

The consent agenda passed 5-0, covering five items (LUP-7, LUP-16, O.B. 44, O.B. 45, O.B. 46):

LUP-7 (3917 Dallas Acworth Highway, District 1) was approved for 12 months for a wellness studio, with business limited to Monday through Friday, a maximum of five clients per day by appointment, no neon lights or temporary banners, and any signage subject to District Commissioner approval (LUP-7).

LUP-16 (1096 Allgood Road, District 2) was approved as a renewal for 24 months for an in-home daycare of more than six children, subject to staff comments (LUP-16).

OB-44 (4485 Atlanta Road, District 2) was approved, amending the site plan for Powerhouse Preparatory School under the original Z-70 of 2005, subject to fire, stormwater, and prior stipulations (O.B. 44).

OB-45 (440 Interstate North Parkway, District 2) was approved, amending the site plan for Synterran under SLUP-4 of 2025, based on the July 14, 2026 site plan submission (O.B. 45).

OB-46 (1185 Ernest Barrett Parkway, District 1) was approved, allowing road frontage on Parcel B to drop to zero feet and impervious surface to increase to 80%, subject to stormwater mitigation approval and other conditions (O.B. 46).

OB-13 (Stilesboro Road, District 1) was approved 3-2, with Commissioners Birrell and Gambrill opposed. Getting there took three motions: a motion to deny failed 2-3, an amended approval motion also failed 2-3, and Chairwoman Cupid’s substitute motion finally cleared with three votes. The approved version incorporates staff comments and recommendations, gives the District Commissioner final approval over elevations and landscaping, and keeps prior stipulations in effect (O.B. 13).

The previously denied RaceTrac rezoning at 2595 Bells Ferry Road came back as item 26 on the agenda, under the “amend something previously adopted” procedure. The Board voted 5-0 to reverse its May 2026 denial and approve Z-10 to the NRC zoning district, incorporating the Planning Commission’s May 5, 2026 comments and staff recommendations not in conflict with them (Z-10).

🔄 What changed or got tabled

SLUP-3 was on the agenda as a continued case expected to be heard, but the applicant requested another continuance. The Board voted to push it to October 20, 2026 (SLUP-3).

OB-29 (2280 Shallowford Road, District 3) was continued by staff to the September 15, 2026 BOC Zoning Hearing before the meeting even opened (O.B. 29).

❌ What failed

Two intermediate motions on O.B. 13 failed before the final version passed. A straight denial motion failed 2-3 (Cupid, Allen, Sheffield opposed), and an amended approval with detailed berm and brick requirements also failed 2-3 on the same split. Neither of those carried (O.B. 13).

❓ No clear outcome

Items 4 through 11 and 12, 14, 16, 17, 18, and 20 on the preview (Z-1, Z-13, Z-17, Z-21, Z-22, Z-25, Z-27, Z-28, Z-29, Z-30, LUP-6, LUP-14, LUP-17, and SLUP-6) were all listed in the withdrawn, held, and continued section of the minutes. Every one of them was sent back to a future Planning Commission hearing and, per the minutes, was not considered at this hearing. SLUP-6 was withdrawn without prejudice.

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