1 1 ZONING MEETING JEFFERSON TOWNSHIP 2 * * * 3 TRANSCRIPT OF PROCEEDINGS 4 * * * 5 DATE OF HEARING: Monday, September 29, 2003 6 Beginning at 9:03 o'clock a.m. 7 PLACE OF HEARING: One Business Park Drive 8 Dayton, Ohio 45427 9 ZONING BOARD: James Heyduck 10 Ruth Calhoun Evelyn Fields 11 12 ALSO PRESENT: Verne Fortson 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25 MIKE MOBLEY REPORTING 937-222-2259 2 1 MS. FORTSON: Let's call this 2 meeting to order. 3 (Thereupon, the Pledge of Allegiance 4 was recited.) 5 MS. FORTSON: Roll call. Miss 6 Calhoun? 7 MS. CALHOUN: Present. 8 MS. FORTSON: Miss Fields? 9 MS. FIELDS: Present. 10 MS. FORTSON: Mr. Heyduck? 11 MR. HEYDUCK: Here. 12 MS. FORTSON: Mr. Rench? Absent. 13 Miss Forston, zoning department, present. 14 Purpose of the hearing, Case Number 15 ZC03-002. Jefferson Township initiated a zoning 16 change from I-1 zoning classification to an R-4 17 single family residential district. Any 18 questions? 19 MS. CALHOUN: The number of houses 20 they are going to build, is it on these two 21 streets? 22 MS. FORTSON: Okay. Before we go 23 any further, we will swear in Miss Blake, if you 24 would like to come forward. I haven't done this 25 before but I swear to tell the truth, the whole MIKE MOBLEY REPORTING 937-222-2259 3 1 truth and nothing but the truth, so help me God. 2 MS. BLAKE: I swear to tell the 3 truth, the whole truth and nothing but the truth, 4 so help me God. 5 MS. FORTSON: She's been sworn in. 6 Question, ma'am? 7 MS. BLAKE: There will be forty 8 units total constructed, but not all forty will 9 be in there, combined between the three streets 10 that we're assessing today as well as a couple 11 streets on the west side of 35, that area, so 12 it's kind of one deal, but these three streets 13 are included in the development as well so 14 there's not going to be forty homes right on 15 these three streets. There may be ten, fifteen 16 in the first phase. We are looking at doing a 17 second phase in which there would be more homes 18 in both areas. 19 MS. CALHOUN: Now, is that what 20 we're meeting on today, just those two? 21 MS. FORTSON: Yes, because the other 22 area is already zoned R-4. The only two areas 23 that are not zoned is Davenport -- what we're 24 zoning this morning. The rest of them are 25 already R-4. MIKE MOBLEY REPORTING 937-222-2259 4 1 MS. CALHOUN: One other question. 2 The streets, are there curbs and all of that, is 3 that included in what you will be doing? 4 MS. BLAKE: No. 5 MS. FORTSON: At this hearing all 6 we're deciding is the zoning change. Now, when 7 we come back in with the whole plan, then the 8 curbs, sidewalks and that will be included. Now, 9 nine times out of ten if they haven't had curbs 10 and sidewalks, they won't go ahead and put it in. 11 That will be another phase. 12 MS. FIELDS: I have a question. On 13 the survey that was sent out for approval or 14 nonapproval, there were -- I counted a hundred 15 and fifty-eight, is that correct, the survey that 16 went out, this sheet? 17 MS. FORTSON: How many property 18 owners did we contact? I think it was -- 19 MS. BLAKE: I believe there's ninety 20 separate property owners over there. I believe 21 there were thirteen with unknown addresses. We 22 know that sixty-seven people received the 23 letters, and of that sixty-seven, thirteen did 24 not respond, ten responded in opposition and the 25 rest were in support. MIKE MOBLEY REPORTING 937-222-2259 5 1 MS. FIELDS: So that would be 2 forty-four were nonresponsive, is that correct? 3 MS. BLAKE: No, out of the ninety -- 4 there were ninety and sixty-seven responded. 5 MS. FIELDS: Sixty-seven responded? 6 MS. BLAKE: Correct. 7 MS. FIELDS: Anticipated start for 8 construction date is what? 9 MS. BLAKE: We're looking at early 10 summer of 2004, so June or July. It will be 11 sooner if everything works out. 12 MS. FIELDS: How many contractors 13 are involved in the construction of these homes? 14 MS. BLAKE: At this time the 15 contract has not gone out yet. We just received 16 an award in June of tax credits and so we have to 17 go through an environmental review process with 18 the State of Ohio which is about to begin so 19 we're kind of in a holding pattern usually until 20 the early part of next year, we'll just be 21 working on numbers and that sort of stuff, so no 22 contracts have been let. 23 MS. FORTSON: Mr. Heyduck, you have 24 any questions? 25 MR. HEYDUCK: Yeah, I got two or MIKE MOBLEY REPORTING 937-222-2259 6 1 three of them. 2 MS. FORTSON: All right. 3 MR. HEYDUCK: How many new homes are 4 they going to build back in there? 5 MS. FORTSON: Total of forty. 6 MR. HEYDUCK: Is that just planned 7 homes or they already got the paperwork done to 8 build them? 9 MS. FORTSON: That hasn't been done 10 yet, but that will come after the zoning change. 11 MR. HEYDUCK: Well, see, Miss 12 Fortson, when they passed it for the one there 13 at -- what do they call it -- behind A&D Daycare 14 Center, several years ago they were supposed to 15 build thirty-two houses there in a year or two, 16 but there's six. 17 MS. BLAKE: Verne, we're committed. 18 MS. FORTSON: They are very 19 committed because these are the folks that built 20 Winter Heights. They committed to forty homes 21 and they built forty homes during the time period 22 and they rented and leased forty homes so they 23 were never vacant. 24 MR. HEYDUCK: Are we going to use 25 the lot size -- MIKE MOBLEY REPORTING 937-222-2259 7 1 MS. FORTSON: We're going to use 2 R-4. Drexel is R-4, same lot size. 3 MR. HEYDUCK: I think if they are 4 going to build that many new homes, we need some 5 curbs and sidewalks and storm sewers. 6 MS. FORTSON: That will be something 7 Mr. Bradley will work on. It will be something 8 like an issue two project that I think they have 9 in place. 10 MR. HEYDUCK: Well, you have storms 11 and water, I see. 12 MS. FORTSON: Yeah, we have done 13 that. 14 MR. HEYDUCK: Back in 1943 when I 15 went to the Navy, the Crowne Point area that you 16 were speaking about up there, they were supposed 17 to put curbs, sidewalks, storm sewers and this is 18 fifty years later and they still ain't got none. 19 MS. FORTSON: I think this one, 20 Miller-Valentine and Mr. Bradley can get together 21 and talk about the sidewalks. I'm sure they can 22 put a grant for it. Don't quote me, but I know 23 there was some talk about it. 24 MR. HEYDUCK: It should be the same 25 as a new platted area. MIKE MOBLEY REPORTING 937-222-2259 8 1 MS. FORTSON: I'll put it down. Any 2 other questions? 3 MR. HEYDUCK: No, I guess that was 4 it. 5 MS. FORTSON: Miss Calhoun? 6 MS. CALHOUN: No. 7 MS. FORTSON: Miss Fields? 8 MS. FIELDS: No. 9 MS. FORTSON: Can I get a motion? 10 MS. CALHOUN: I'll make a motion 11 that we okay the Case Number ZC03-002. 12 MS. FORTSON: Motion to approve 13 ZC03-002. Can I get a second? 14 MS. FIELDS: I second it. 15 MS. FORTSON: Vote. Miss Calhoun, 16 how do you vote? 17 MS. CALHOUN: Yes. 18 MS. FORTSON: Miss Fields, how do 19 you vote? 20 MS. FIELDS: Affirmative. 21 MS. FORTSON: Mr. Heyduck, how do 22 you vote? 23 MR. HEYDUCK: Yes. 24 MS. FORTSON: Unanimious vote. Vote 25 has been taken, recorded. Motion to adjourn. MIKE MOBLEY REPORTING 937-222-2259 9 1 MS. FIELDS: Motion to adjourn. 2 MS. FORTSON: Everybody say aye. 3 (All said aye.) 4 MS. FORTSON: Motion to adjourn. 5 Adjourn. 6 (Thereupon, the meeting was 7 concluded at 9:15 o'clock a.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIKE MOBLEY REPORTING 937-222-2259 10 1 STATE OF OHIO ) 2 COUNTY OF MONTGOMERY ) SS: CERTIFICATE 3 I, Mary Jo Stevens, a Notary Public 4 within and for the State of Ohio, duly 5 commissioned and qualified, 6 DO HEREBY CERTIFY that the above-named 7 hearing was reduced to writing by me 8 stenographically in the presence of the parties 9 and thereafter reduced to typewriting. 10 I FURTHER CERTIFY that I am not a 11 relative or Attorney of either party nor in any 12 manner interested in the event of this action. 13 IN WITNESS WHEREOF, I have hereunto set 14 my hand and seal of office at Dayton, Ohio, on 15 this _ _ _ day of _ _ _ _ _ _ _ _ _, 2003. 16 17 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MARY JO STEVENS 18 NOTARY PUBLIC, STATE OF OHIO My commission expires 9-10-06 19 20 21 22 23 24 25 MIKE MOBLEY REPORTING 937-222-2259