Flagler Circle Residents Speak Out Against Oxford Academy Expansion
Some residents think the expansion of the daycare into their neighborhood will impact property values and increase traffic volume.
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Some residents of Flagler Circle in Cheney Woods neighborhood came before Smyrna City Council Monday to express their opposition to the expansion of Oxford Academy, a private daycare facility on Church Street.
“To put a daycare on Flagler Circle is not community development it’s residential destruction,” said Becky Roberts. “I’ve never thought of Smyrna as being a place that did not support the residents of its community.”
Oxford Academy is owned by former Ward 5 City Council Representative Jimmy Smith and his wife Cindy. The daycare is currently held in two buildings on Church Street, but the Smiths plan to renovate a rental house that they own on the corner of Church and Flagler Circle to serve as the third daycare building. Deborah Tompkins lives between the two daycare facilities on Church Street.
“With this proposition we basically remove the neighbor,” she said “There’s no neighbor. There’s no resident there. This is strictly a business use. We’ve removed the neighbor.”
Alan Aycock, the real estate consultant for some of the residents of Flagler Circle, asked that the Mayor and Council remove the language from the R-15 zoning ordinance that allows daycares in residential areas. This language was added to the R-15 zoning designation in 2006. Smith served on City Council at that time, but was absent when Council approved the amendment to the ordinance.
“We simply would like you take the R-15 ordinance, take out all the language relating to daycare out of it,” he said. “I say that as a professional that that is just not normal. It is not in any other neighboring city ordinance. It is atypical to allow that type of ordinance where you can have 50, 60, 70 kids in a residential neighborhood with no controls.”
Last week, city of Smyrna staff proposed another amendment to the ordinance that they believe clarifies the language. Aycock however, disagreed.
“We have suggested that you advertise and drop this,” he said. “We feel like the amendments that Mr. Taylor and Mr. Suddreth have suggested make no sense. Why don’t you advertise both of them and have a public meeting and a public vote at the same time and the Council can come down with a room full of people on do we support neighborhoods or do we don’t.”
Aycock also asserted that Smith has made offers on five other homes on Flagler Circle implying that he plans to further expand his business.
Don Berry, a Flagler Circle resident and one of the organizers of Concerned Citizens of Cheney Woods, questioned the legality of the original ordinance. One part of the amendment states that daycares are allowed in residential areas if they are located on a major or minor arterial.
“Church Street is a minor road by the city of Smyrna’s definition, Cobb County’s definition and the 30-year plan,” he said. “There’s an amendment now that’s being tabled in the process of changing the wording from the original amendment to include major or minor arterials as well as roads. So I’m assuming it would cover any road in the city of Smyrna. So that’s kind of troubling. It appears to be wrong for six years and now we’re going to make a quick adjustment.”
Matthew Hoffberg, another Flagler Circle resident, said a Facebook page has been made for those in opposition to the expansion.
“I know as of today—and the page was created maybe 36 hours ago—as of today, 10 people have liked it, which is essentially 10 signatures on a petition,” he said.
Smyrna’s Planning and Zoning Board will discuss the amendments to the ordinance at their July 9 meeting. Once that body has made a recommendation it will go before Smyrna City Council for a vote.
Read More About the Proposed Expansion of Oxford Academy
Christopher Hiatt
9:02 am on Wednesday, June 20, 2012
I'm not sure how I would feel if I lived next door but I'd like to say I wouldn't care much. Their facilities are clean, have nice curb appeal and are not operating on the evenings or weekends. I would almost rather have them next door than any other business or residence as I know I will have some peace and quiet at night.
I can also see the potential conflicts of interest. Maybe why this is why Mr. Smith didn't run again last term as this situation was expected to pop up.
Has this other solution been proposed? Remodel the debated rental house on Flagler for Jimmy and Cindy to live in. Now convert their existing house already located between the two other centers as the new daycare location.
R. Anderson
9:33 am on Wednesday, June 20, 2012
Smith was grandfathered in so it will take a lawsuit to change what's been done. Max "I didn't know about that" Bacon's rambling statement at the end of the city council meeting seem to be that there wasn't much of chance for anything to change.
If it's true about what they plan to do as far as developing further there will be problems with traffic, water run off, etc. It's a bad situation for that neighborhood no matter how you look at it.
Alan Aycock
10:04 am on Wednesday, June 20, 2012
Smith is NOT grandfathered in - we already have a legal opinion on that. The zoning rights do not vest until a full and complete bldg. permit has been submitted and accepted as complete. The existing facility on corner was NOT built to code - code defines max. bldg./paving area at 35% of lot size; actual bldg./paving is over 75%. - NO variance was applied for or granted - this makes existing facility illegal and in violation of State day care regulations. The proposed ordinance language changes simply make matter worse. City/or Council/or Mayor should ask him to withdraw permit. app. until language is clarified so everyone avoids legal challenge.
We are actively notifying other R15 neighborhoods all over City to alert them that a day care can go in their neighborhood with NO public notice/NO hearing/NO vote. We want them to come to next Council meeting. This is just not a Cheney Woods problem.
504ATL
8:44 pm on Thursday, June 21, 2012
Ken Suddreth is an excellent Community Development Director and has vast "Professional" experience with the credentials to back it up. He is an expert in his field. Let's see if this makes no sense!
Alan Aycock
7:09 am on Friday, June 22, 2012
You missed the point. Mr. Suddereth was unable to explain or defend - at a public meeting - this unique ordinance that allows day care centers in residential areas with NO PUBLIC HEARING OR VOTE. He did admit he would have done it differently. If this was a good idea, Smyrna would not be the only jurisdiction in metro area to have it. It is the ordinance itself that makes no sense.
When unique ordinances are enacted like this, there is almost always political collusion.
When building codes are not enforced in a very obvious way, involving the same public official who changed the ordinance and the same property, then it rather proves the corrupt politics argument, and proves collusion with city employees. We think a judge/jury will see it this way. Also, parents should be concerned that their children are in a building not built to code - as well as taxpayers, as the City could be sued for million$ if a child were hurt/killed due to this negligence. No private developer-not on the Council - would ever have gotten away with all of this. As a Broker, realtors who sold R15 houses the last 6 years anywhere in City could be liable to buyers for not disclosing the potential daycare in their neighborhood / Pat Mell Rd. alone has over a dozen sites where day-care could be legally built without public notice---so, to those supporters of Oxford -- is this fair to those owners/subdivisions?
K. Davis
7:49 am on Friday, June 22, 2012
This unique ordinance, NO PUBLIC HEARING OR VOTE, the ordinance itself that makes no sense, proves collusion with city employees, building codes are not enforced, proves the corrupt politics argument.
There are those of us who have been saying this for years. We have been vilified. You are lucky you don't live in Smyrna. You would be a marked man. But go after this corrupt mayor and council.
Alan Aycock
12:54 pm on Saturday, June 23, 2012
Alan Aycock and Bonnie Berry have been interviewed by the AJC for a major story on this controversy.
The AJC reporter also toured the site / saw all the properties. We are guessing the article will come out next week. The reporter also plans to attend public meeting-Council/Planning Comm. - where this will be voted on.
CBS news TV also plans to attend these meetings.
We are in process of contacting other R15 neighborhoods, since this affects the whole city. PLEASE HELP if you know anyone - or a HOA - we can contact.
We need to get everyone we can --including other neighborhoods - to the July 9th Planning Comm. meeting - please inform your friends / neighbors so the citizens can be fully represented.
Councilman Welch should be congratulated for meeting with us privately last week and attentively listening to our issues. We really appreciate it. Susan Wilkinson has also been tireless on dealing with this issue.
We are putting out yard signs that say "Stop the ILLEGAL Day Care Expansion" -- please call the Berry's to get one for your yard.
If you, a friend, or family member bought an R15 house in Smyrna since 2006-we need the name of the RE agent/their Broker since they may have unwittingly created legal liability for themselves - they also need to know they must disclose the day care/R15 issue to new potential buyers.
Oxford Parent
4:57 pm on Monday, June 25, 2012
Your protest of this issue aside, please request that the news media outlets you are contacting be respectful of not highly publicizing the specific location of this day care center. One of the wonderful things about this center is that is that you cannot tell it is a daycare center just by driving by. Please, at least be respectful of our children's safety who are currently at this center.
Lissa K.
2:34 pm on Saturday, June 23, 2012
Mr. Aycock -- Please post how people who aren't on Patch or Facebook can contact you. There are people who want to get in touch with you. Thanks!
Alan Aycock
7:03 pm on Saturday, June 23, 2012
email: aarealestate@charter.net cell: 404-271-5957
(please pass on to Julia Roberts.....)
Plus, I wanted to thank everyone for their help, comments, and kind remarks. AA
Smyrna Resident
8:47 am on Thursday, June 28, 2012
We have a shortages of both jobs in the Smyrna community and daycare options. Wait lists for daycare can exceed a year or longer in Smyrna due to the rapid increases in young families living in Smyrna. Oxford's expansion would help to address both. The Kroger put in down the street did significantly more to increase Church and surrounding street's traffic with people cutting through to get to the grocery store, than a small expansion to a daycare ever could. The "protest" signs put up in the yards on the surrounding streets seem to be counter-productive and unfortunately, could actually end up lowering home values in the area. Not a good time for a neighbor to try to sell...