DaycareGate Continues at Planning and Zoning Board Meeting
Smyrna's Planning and Zoning Board voted 5-0 to table an amendment to the city's zoning ordinance regarding daycares in residential areas.
The debate over daycares in residential areas continues after the Smyrna Planning and Zoning Board tabled an amendment that would clarify the city's zoning ordinance until July 9. Planning and Zoning Board members Frank Pologruto and Larry Jones were absent.
“I think it’s a victory for us because I was afraid they were going to pass it, but a lot of research needs to be done to really understand the impact of this,” said Don Berry, a resident of Flagler Circle who is opposed to the expansion of Oxford Academy. “So I’m really happy with what happened here tonight.”
Berry and some other residents of Cheney Woods and the surrounding neighborhoods are opposed to the proposed expansion of Oxford Academy, a private daycare located on Church Street near their homes. The daycare is owned by former Ward 5 City Council Representative Jimmy Smith and his wife Cindy. Neighbors' complaints to city officials led staff to propose clarifications to the city’s existing ordinance that allows day nurseries in residential areas zoned R-15, said Ken Suddreth, Smyrna’s community development director.
The changes to the existing ordinance are indicated below in bold. Language that's proposed for removal is italicized:
(1) Section 703.2(1) of the Zoning Ordinance—Are located on a lot which such has access to either an arterial major or minor arterial thoroughfare as identified on the City’s Thoroughfare Plan.
(2) Section 703.2(8) of the Zoning Ordinance—A semicircular drive shall be provided for off-street loading and unloading of children. Both ends of the drive shall be connected to an arterial, major or minor thoroughfare.
However, Brian, Daughdrill, an attorney representing some of the property owners opposed to the expansion disagrees that the amendment clarifies the ordinance.
“The portion of the text amendment that says both ends of any circular drive have to open on an arterial, we are in favor of that,” he said. “We’re all in on that. But as to changing any kind of roads as to what are subject to it, we think that the use of the term minor thoroughfare introduces confusion and introduces ambiguity in the ordinance, which isn’t there presently. We would strongly encourage y’all to not recommend that or not vote in favor of it.”
In offering the background of the amendment at the start of the meeting, Suddreth iterated that even if the amendment was approved by the Planning and Zoning Board and City Council it would not impact the Oxford Academy expansion because the applicant has already submitted preliminary plans.
However, Daughdrill argued against the grandfathering of the application because the plans have not been officially approved by the city yet.
“I disagree with him that the application that is presently before the city is a complete application and therefore that its rights are vested under the existing ordinance,” he said. “It would in theory be subject to any new ordinance that’s came in because until you submit a complete application that’s complete in all respects, you’re rights don’t vest under any ordinance that’s in place.”
At a meeting held last week about the expansion Alan Aycock, a real estate professional representing Don Berry and his wife Bonnie, indicated that even if the city grandfathered in the application they would petition the court for an injunction against the expansion.
Other members of the community took to the podium to share their concerns with the board. Flagler Cirlce resident Matt Houghberg argued that the zoning amendment was not a clarification of the ordinance, but an addition to it.
Howard Martin does not live in Cheney Woods, but exercises at the Aline Wolfe Adult Recreation Center nearby on Church Street. He said he's concerned about the traffic increase that will result from the daycare expansion and also water runoff to the surrounidng homes.
Judy Davila spoke on behalf of her brother David Smith who owns a rental property on Flagler Circle next door to the proposed daycare expansion. Jimmy Smith, the owner of Oxford Academy, is the brother of Davila and David Smith.
"Just so you know this is not the only daycare that he wishes to open," she said. "Another one right behind this house he wishes to turn that into a daycare also. That would be a number of four daycares. Not only that, there are five other neighbors up the street that he has approached to buy their property."
The amendment to the zoning ordinance will come before the Planning and Zoning Board again at its meeting Monday, July 9 at 6 p.m. at Smyrna City Hall.
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Jamie Hughes
9:36 pm on Tuesday, June 12, 2012
As a parent and as a homeowner in Cheney Woods, I welcome Oxford Academy expanding. Their remodeling of the two current schools/houses is beautiful and I believe it brings value to our community, not the latter. With all of the young families moving into the neighborhood, excellent full time daycare is very difficult to find. We were lucky enough to get into Oxford but many friends of ours have not been. To reiterate: their properties are always clean, beautiful, and maintained. Oxford should be permitted to expand onto Flagler
M Jones
7:51 am on Wednesday, June 13, 2012
I do NOT think Oxford Academy should be allowed to expand in the neighborhood. As someone who has years of personal knowledge regarding Oxford Academy and Oxford Babies I know first hand there are more plans to expand more than one more building in Cheney Woods. I also know that the Smiths are not who they appear to be and if parents were aware of some of the issues that have arisen through the years, that they were never made aware of, they would not send their children there!
KMW
8:18 am on Wednesday, June 13, 2012
I am a parent of two children who attended and graduated from Oxford Academy and Oxford Babies . I hold the Smith family very near and dear to my heart and will forever be grateful to them and their wonderful staff of teachers for playing such a very special role in my children's growth. Whether Oxford Academy expands or not, a personal attack is completely unwarranted.
Bonnie Berry
9:35 am on Wednesday, June 13, 2012
My husband and I agree that personal attacks do not help bring clarity to this situation. To us, this is not about the Smiths, or Oxford Academy. It's about allowing commercial businesses in residentially zoned areas. It may be helpful to know how other metro-Atlanta municipalities have addressed this issue. The list of those who allow for commercial day care centers in areas zoned R-15 (or similar categories) is short...only Smyrna, Georgia. What do others know that we don't? They know that with commercial zoning you get traffic studies, environmental studies, turn lanes, acceleration and deceleration lanes, 50-foot buffers, six foot fences, mature trees...the list goes on. Correct zoning is good public policy and provides the best protection for homeowners, business owners and governments.
Steve Malone
9:36 am on Wednesday, June 13, 2012
I have lived in this are for over 7 years. Chursh Street is a two lane street providing access in and out of residential neighborhoods to the major cross streets and highways of Smyrna. This street is not engineered for heavy commercial traffic and is the only in and out route for 1,000's of residents. When the last expansion of this daycare facility was completed a couple years ago, the traffic increased dramatically during morning and afternoon rush hour when the parents drop off and pick up at the center. A further expansion will paralyze Church Street making it impossible for residents to get in and out for work. Why cannot these commercial establishments locate off of major streets to eliminate these congestions in residential areas? There is plenty of vacant commercial space in Smyrna.
smyrna parent
11:14 am on Wednesday, June 13, 2012
Steve brings out a good point about Church Street...it's not in the best shape as is...and not built for heavy traffic....it wasn't built to be a commerical neighborhood...
Donna L
10:06 pm on Wednesday, June 13, 2012
Years ago 2 of my three children attended the original Oxford Academy. The facility both inside and out were absolutely beautiful. I find it difficult to believe that another beautiful facility would deteriorate the surrounding home values. Many of them look in need of refurbishing anyway. The appearance of the surrounding houses and ecomony have more to do with home values than addition another well put together daycare facility. In addition, one of the funniest things about the aritcle picture is that I believe Sandra McQueen used to teach at Oxford. Hmmm. Wonder if there are sour grapes? Oxford is an asset both esthectically and financial to Smyrna. Let them build. Also, there are 2 funeral homes, 1 senior citizen facility, 3 churchs and a run down apartment complex. The daycare facility would be a good thing
Bonnie Berry
5:54 am on Thursday, June 14, 2012
The wording change to the Ordinance does not clarify anything. It waters down the original requirement, that day care centers be located on a major or minor arterial. Church Street is not a minor arterial. These terms have planning and zoning definitions, based on traffic flow and right-of-way footage, among other criteria. This language change would allow for more centers, not less. What's needed here is to restore the R-15 ordinance to it's pre-2006 language, which allows for homes, churches and schools only. If you agree, please let your Council representative and Mayor know.
Emily
10:39 am on Friday, June 15, 2012
Everyone makes great points. Yes, the current daycare facilities are beautiful. Not the typical, generic "Kids-R-Kids" style infrastructures. However, what I believe people are failing to see is that Jimmy Smith was on the city council board when the original amendment to the ordnance was added. Does no one else find this suspect? Is it possible he used his connections, and what I would assume in some cases to be friendships on the council, to his advantage? It seems as if there was preferential treatment given the first time around allowing him to build.. What can be done though is stopping the building of MORE daycares on Flagler Circle. Flagler Circle is very obviously a residential neighborhood. And while it is very likely new facilities would be ascetically pleasing they also have the added effect of decreasing property value to the neighborhood. Not everyone wants to live next to a daycare, hear kids all of the time, deal with the potential damaging effects of commercial intuitions located in a residential area.
Emily
10:40 am on Friday, June 15, 2012
Continued...
All of these things as well as many other negative side effects of commercial building have the lasting effect of damaging a local residential community. Would the upscale daycare centers be a positive addition to Smyrna? Yes, without a doubt. Could they go somewhere else? Yes, without a doubt. When I drive through Smyrna the majority of the buildings I see are empty and for sale. Let me tell you. THIS brings down everyone’s property value. Not to mention they’re eye sores. Why couldn’t one of the many available buildings be converted into a daycare? I feel as though there are other options that need to be explored that would benefit both the residents Flagler Circle and Smyrna as a whole.
Dave
12:46 pm on Friday, June 15, 2012
I don't personally know Mr. Smith or have any knowledge of Oxford Academy, notwithstanding, I think it's deplorable that Mr. Smith took advantage of his position on Council in 2006 and used it in a self serving purpose.
Regardless, as stated before by many others, the main issue at hand here is that Church St. is a residential area and simply does not have the infrastructure to support commercial businesses. The building or any plans in building Mr. Smith's nursery needs to be stopped immediately.
Additionally, I agree that the language of Section 703.2(1) of the Zoning Ordinance needs to be amended where it clearly states that future commercial business can not set up a commercial business on Church St. Too much ambiguity in the language can lead to future headaches.
K. Davis
1:05 pm on Sunday, June 17, 2012
E.G.G. is Sean Murphy who is on the Smyrna Downtown Development Authority. He lives in Smyrna Heights. He's also posted as Call it like I see. He's a public figure trying to present himself as a private citizen. Until he severs his relationship with the city of Smyrna he is not a private citizen.
Oscar G.
2:48 pm on Sunday, June 17, 2012
If I am not mistaken, the name "J. Appleseed" is the former "Call It Like I See It" and again, if I'm remembering correctly, is also the one and the same, Sean J. Murphy, of Smyrna Heights and the DDA.
Oscar G.
4:56 pm on Sunday, June 17, 2012
Stating facts is not creating a "conspiracy." It was merely a clarification.
And now, in an effort to be disrespectful to yet more members of this forum, the name has changed and morphed into a conglomeration of 2 other individuals names. I fail to see the need for such hostile, and juvenille tactics.
Blustering at other posters doesn't not improve your POV, just for the record.
You won't be running me off simply because you don't like the words I use or the stances I take or issues I support.
It makes me wonder what it is you're trying to hide. Worry about your side of the street and what's really going on here in Smyrna. Not which one of someone's multitude of personalities is posting for them today.
Oscar G.
10:44 pm on Monday, June 18, 2012
Clarification, since this has turned into some sort of "sandbox" issue; K. Davis posted in several threads that "E.G.G. is Sean Murphy who is on the Smyrna Downtown Development Authority.." at that time his screen named had changed and I was making sure that the names were one and the same.
There was nothing "repeated" about what I said.
If you take it to mean anything other than that, well there's nothing I can do about it.
I find it interesting that rather than stick to the issues at hand, within reason, you seem to like to make personal accusations and verbal assaults. You're very quick to wag a finger and jump to conclusions. Yet you chastise anyone else who says BOO! Hypocricy at it's finest.
I made no claim to anything other than what I wrote. Clarification.
The hypervigilance is growing very tedious.
I can't hear a thing you're saying at this point because your presentation is just too confrontational.
M Jones
6:32 pm on Saturday, June 23, 2012
It's known by quite a few that Jimmy Smith ran for the zoning board and later for city council for the sole purpose of getting the zoning passed for their daycares. He also had plans to move out of the district but still maintain their Smyrna address in order to remain on the board. This is not stated as "a personal attack" but IS fact.
Greg C.
7:26 pm on Monday, June 25, 2012
Why there are alot business properties on Church St, none are on Flagler Cir and should stay that way. If you allow a day care one lot progress onto Flagler Cir there is no stopping them any access any where in the neighborhood. Residential streets should be just that and keep any type of business on major and minor artiries through the city. Ask your self this "Would I want a daycare in the house next to mine"? Enough said!