Extraterritorial Boundaries

I’m currently sitting on committees forming new comprehensive plans for Plymouth and Culver. I’ve been pushing Culver to do a new Comp Plan since 2020. (See post here) Wouldn’t ‘2020 Vision for Culver’ been a good name!?! But I think they had some Stellar fatigue followed by pandemic malaise…

Houseal Lavigne Comp Plan for Culver

This will be the third time I’ve done this for Culver and the second time for Plymouth. MACOG has started offering this as a (paid) service and is leading these meetings for both communities. Ratio Architects did the previous one for Plymouth and an earlier one for Culver. The last one for Culver was completed by Houseal Lavigne.

What have I learned from these experiences? You’re buying a template. They all have strived to “personalize” the product, but lined up on a table without the credits, it would be pretty easy to group them by consultant. The format would give it a way.

But to paraphrase Arlo Guthrie in Alice’s RestaurantBut that’s not what I came to tell you about. I came to talk about… Extraterritorial Boundaries.

If you follow that link, you’ll see that the Indiana legislators are constantly messing with the definition and powers granted to municipalities for their extraterritorial jurisdiction. The core premise is that municipalities are allowed to extend their zoning boundaries to cover areas of potential future municipal expansion. This is done with the consent of the County. It has generally been a 2 mile zone. The distance is increased when there is a lake involved, i.e. in the case of Culver, the south end of Lake Maxinkuckee is more than 2 miles from town, but is included in Culver’s Zoning Jurisdiction. This is not annexation. It doesn’t change tax rates. It doesn’t include water, sewer or road extensions. It just brings those areas under the municipality’s land planning jurisdiction and provides some control over how it is developed. In most cases, any development of significance would need municipal connections and most other developments will feel minimum impact. It’s a good way for the municipality to keep track of what’s happening around them and how it will affect them.

Culver’s Zoning Boundary – 2013
The pink area shows the current extended authority. The loop outside that shows the approximate limits if the Two Mile area was granted.

I have pushed several times for Culver to expand their Extraterritorial Jurisdiction to the limits allowed by the State. This is just good planning practice. I have an extended post about it from February 14, 2013 here. The drawing to the right is from that post. It shows where Culver’s Extraterritorial jurisdiction should have been then. That was before the annexation of The Paddocks PUD on the west side of town, the Beste annexation on the west and north side of town and the upcoming annexation on the south side of the Masonic Cemetery. All of those would extend the potential jurisdiction to the south, west and north. (The main effect would be on the north side since in the drawing we’re already running into to edge of county boundaries and the chances of Starke or Pulaski counties granting Culver jurisdiction are slim.)

Culver Zoning Boundary – 2023

The other change from the map above is that the current boundary became much more jagged after that. Sometime around 8 years ago, Culver chose to partner with the County on permitting, using their system. Unfortunately their system is quite crude and couldn’t handle parcels that had split zoning. This ended up in some negotiations which moved split parcels in and out of Culver’s jurisdiction based on the percentage that was in Culver’s jurisdiction at the time. At that time I argued strenuously that all the partial parcels should be brought under Culver’s jurisdiction since they were all fully within the allowable extraterritorial jurisdiction, but the Marshall County Plan Director and Marshall County Building Inspector pushed back on this, not wanting to give up County control. This was a huge missed opportunity, but it’s water under the bridge now.

Plymouth Zoning Boundary – 2023

I have been told that Plymouth’s Extraterritorial Boundary does take in all of the allowed jurisdiction. Looking at the drawing to the right, this is mostly correct, but not 100%. This is most obviously an issue in the industrial area on the NW side of Plymouth.

The Comprehensive Planning process will not change this, but I would suggest that the new Comp Plans include strong recommendations to expand the boundaries. That is a first step. This is not so much a power grab. It’s not about control. It’s more about knowledge and PLANNING. Both communities should look at Bremen and their struggles, where they’ve allowed their industrial area to become landlocked. This is an easy, local example of why planning outside the immediate boundaries of the community are important.

Marshall County Sewer District Areas of Concern

Currently, there are new things going on which should be part of this extraterritorial planning. One of these, which is of huge significance, is the County’s pursuit of expanded sewer districts. In Culver, it is likely that the town would be asked to take in sewer for Burr Oak and Hibbard. The push for inclusion of lakes means it is likely that Plymouth may be asked to take in all of the chain of lakes all the way to Lake Latonka. If these areas start to become municipal “customers”, then their future development becomes the concern of those municipalities. Look at the trend towards bigger and bigger houses around Lake Maxinkuckee and Pretty Lake. Sewer access will make this likely with the other lakes as well Many of them have lots that are currently unbuildable, but with sewer, that will change.

Marshall County Chain of Lakes

There is also a concern with allocation of resources. The County is struggling to hire and struggling to provide coverage. In the Culver area, a potential solution for both entities would be to expand Culver’s zoning jurisdiction to the County lines to the south and west of Culver. This would eliminate the small fringe area of county zoning around Culver and it would help Culver with planning control.

While Burr Oak and Hibbard aren’t exactly booming communities, sewer access could change this. Again, bringing this under Culver’s zoning control would help the town anticipate and plan for any growth. Sewer access could well spawn growth in Burr Oak. As mentioned in my article, the proximity to major electric service from the Burr Oak substation and access to an significant railroad line could be the catalyst for growth if sewer were available.

I don’t see much in the way of downside to this expansion. I know some in the AG area don’t want this oversight, but in reality, the municipal zoning has been changed so that the AG designation for the municipalities reasonably mimics the AG designation in the County. The municipal plan commissions have a county appointed member so there is representation. This is not to say that the municipalities don’t occasionally over step, as they did with the WECS rules, but even with those, the county eventually came pretty much in line with the same rules.

I will continue to advocate for expanding the Extraterritorial Jurisdiction of Plymouth and Culver as I serve on these committees. I think this is appropriate and necessary planning. It should be positive for all involved.

12/27 Culver Town Council Meeting

After the quickie Blue Zones vote at the last council meeting (See Earlier Post), councilman Rich West requested that it be added back to the agenda for this meeting. Six people spoke for the program including myself. Other than two councilmen, no one spoke against it. After the discussion, one of the councilmen reversed themselves and it was funded at a lesser level, $15k, in a 3:2 vote. It was made clear that this did not change the pledge of $25k in each of the following years.

Though it’s good that they changed their position, there were still repercussions. Ginny Munroe tendered her resignation as Town Manager due how this was handled. Not only was the public, the Crossroads Committee and the Blue Zones groups blindsided by this decision, Ginny was as well. The town will struggle to replace her and is unlikely to find an “employee” that has the passion for Culver that Ginny has exhibited through her tenure as Town Council President and then Town Manager. None of the past town managers have and it’s unlikely that the next one will. I’ve told Ginny several times that good leaders leave a legacy and there is no doubt she has left her mark on Culver. In the past couple of years, that has extended to all of Marshall County. I think I am just a one person among a multitude that wishes her the best of luck in her next endeavor. I have little doubt that she will do well with whatever she decides to tackle next. (Here is her Linkedin profile in case you want her on your team. She has my endorsement.)

There was one other person that spoke to the way the decision was made. He expressed how that vote damages trust in the Council. It resonated with me as I have been in the position described a couple of times. Town Council Attorney, Jim Clevenger, has said on occasion that the Town never “partners” with others on projects. No matter the term used, it is how it is perceived. By pledging money and supporting Ginny as she worked on Blue Zones and told others that Culver supported Blue Zones, they had encouraged the Blue Zones committee. They were considered a partner. It would have been assumed that they could be counted on to follow through. That trust has been shaken. Despite the reversal Tuesday, the Blue Zones committee has to understand that they’re one vote away from losing funding again.

There are three major development projects working towards breaking ground in 2023 that I know have been working closely with the Town. Likewise, there are other civic groups like Blue Zones that receive pledges of funding and backing from the Town. There have been commitments made. Those commitments should not be taken lightly or these things that should move the Town forward will dry up. I would assume all of them are looking at that vote and are weighing the value of their investments in time and money to date.

Trust is a hard earned commodity. When damaged, it isn’t easily rebuilt. It should always be guarded jealously…

Reflecting on today’s Pilot News

Did it seem to anyone else that the Michael Hicks commentary in today’s Pilot News was directed at Marshall County? It highlighted the successes of the Regional Cities Initiative and the Stellar Communities Initiatives and how those should reflect success in the READI applications.

Marshall County’s collaboration with St Joseph County and Elkhart County created a successful Regional Cities Initiative bid. While the other two counties took the Lion’s Share of the money due to the differences in population, Marshall County still benefited from this group effort. Some of the Regional Cities money came to Culver and helped Culver’s Stellar Initiative.

Marshall County had great success in the Stellar program. The County came together to support Culver in their Stellar application which resulted in Culver being designated a Stellar Community. This success was rolled into Marshall County’s Stellar application, which resulted in Marshall County being designated a Stellar Region. Building on the successes, Marshall County again collaborated with St Joseph County and Elkhart County to make a READI application. The region’s past success working together help them achieve the maximum READI award ($50MM) for our region.

Mr. Hicks reflex on the holistic approach of these initiatives and how the community collaboration and community planning creates additional opportunities… much more so than just spending money on basic infrastructure such as roads. Particularly in the case of READI, these initiatives create the opportunity to multiply the effect of scarce public dollars by combining them with private funds.

For better or worse, the incoming County Council has telegraphed that they will have a laser focus on cost control and infrastructure (roads) projects. While I cannot find fault in their intent or honesty in stating their position, I have concerns regarding their plan to ignore other opportunities. They seem to feel the READI projects are outside the scope of county government, despite the fact that the State has made local government partition a requirement. They will be missing an opportunity to multiply the return on County tax dollars if they don’t participate.

I will confess that I do not know all the intricacies of County government. If the County Council members are doing their job, they should know those things much better than I do. My view is from the outside and I have to say I am concerned…

Dance With The One That Brought You

This falls squarely in the Rant column here, so scroll on if that doesn’t interest you.

The other day I posted about the the READI grants we submitted. (here) The Water Street Townhomes project in Plymouth was part of an application that went in with the original READI call for projects in July of 2021. When I found out that Culver only had one small park project to submit, I asked if they would support a small housing project. I suggested 12 townhomes similar to those suggested for Water Street project. I was told a straw poll had 3 council members in favor and, “You be the lead if you don’t mind. I fully trust you.” This all came about last minute and I ended up spending a Saturday putting together a proforma and submitting an application. Spirit Townhomes in Culver was listed as part of the South Bend Elkhart Regional Partnership (SBERP) READI application submitted to IEDC.

I grew up in Culver and even though I live outside of Culver now, I still consider it my home town, since my business is here and my parents still live here. Most of you know my track record for participation and dedication to helping move Culver forward. (I started to make a list, but it seemed self-serving.) That’s why I participated in Stellar and partnered with the Town on Sand Hill Farm Apartments and The Paddocks, when no outside developers would. Both of those projects met or exceeded the goals the Town set for them. In the months leading up to the application deadline, I was told Culver wouldn’t be participating in READI. Then in the last couple weeks before the deadline, I was surprised by the Town of Culver’s decision to pursue a project with a different, out-of-town developer. I suggested submitting a version of the Spirit Townhomes too and was told there wasn’t time…

Dance With The One That Brought You…

This seems to be a pattern that is repeating. I don’t know if this is a conscious decision or just a careless oversight. In any case, it’s a noticeable departure from the stated goals of supporting local businesses. A couple other examples of which I’m aware:

There are two banks in town. The First National Bank of Monterey and First Farmers Bank & Trust have sponsored Town events, participated on committees, supported the Town by purchasing their bonds, cashing their checks and covered all the minor things such as providing change. The Town shopped their services, as they should, but in lieu of keeping the competition local, they went outside the town and ended up moving their money to Plymouth for minor advantages. Was it really worth it? Dance With The One That Brought You…

Good-To-Go brought in plans to the Culver TRC to demolish their existing building and put in a whole new service station which would have brought additional money to the TIF and improved the downtown. During that same time, an outside developer approached the Town about a new service station at the edge of town (outside the Town’s Comprehensive Plans stated goals), which would have damaged Good-To-Go’s business as well as that of the other convenience store in town. Their concerns were met with derision, including one council member chastising them about prices and telling them that they bought their gas in Plymouth. This was while Good-To-Go had a “Cavalier” pump set up with a portion of all sales from that pump going to the Culver Community Schools. Good-To-Go scaled their project back by half. The other developer’s project never came to fruition. Dance With The One That Brought You…

I’m sure some will read this as just “sour grapes” and maybe deservedly so. But with all three examples here, it’s a question of supporting those that support the Town, not with handouts, but yes, maybe with a little favoritism, in recognition of what local businesses do for the town on a day-to-day basis… As the saying goes, Amazon does not sponsor your little league team or have employees coaching it.

Culver Zoning 7/19 Update – Part 3

This is a continuation of my thoughts on the 7/19/22 Plan Commission Meeting. You can find the previous posts here and here. This one is more of a whiny rant, so if you’re not up to hearing me complain, it would be best to skip this post!

412 Lake Shore Drive

I own the property at 412 Lake Shore Drive. It is a postage stamp size parcel with a 100 year old kit home on it. The lot would be unbuildable by current standards. According to the Accessor, the lot is 38′ x 120′. There is an alley down one side which makes it a corner lot. 38′ minus 10′ Side Yard Setback, minus 25′ ROW Setback leaves 3′ buildable without some extreme variances. The home also sits well into the 25′ front setback.

Do you know how our lives are divided into pre-pandemic and post-pandemic now? Sometime pre-pandemic (2020), the adjacent property owner at 404 Lake Shore Drive built a fence on the property line. Before I even noticed it, then Plan Commission member, Marty Oosterbaan, pointed out that it was not built per standards. Chapter 6, Section 070, B.1. – Within the limits of a required front yard setback area, no fence shall exceed 5 feet in height and shall have a minimum of 50% of its surface open to permit visibility. The fence as constructed extends into the front yard setback area, thus in that area it is too high and does not provide 50% visibility. The Plan Commission directed Chuck DeWitt, then Building Inspector, to pursue a remedy.

Multiple things happened: 1) Covid and the associated lack of public meetings for the Plan Commission; 2) Mr. DeWitt left his position as Marshall County Building Inspector and took a job as Building Commissioner for Culver; 3) The property changed ownership; 4) Ginny Munroe replaced Jonathan Leist at Culver Town Manager; 5) Marty Oosterbaan stepped down from the Plan Commission (and there were other member changes as well.) Throughout this, I continued to bring this up to the Plan Commission every month or so. At one point, I even drafted a letter for their use citing the violations. When the property was on the market, the Plan Commission directed Mr. DeWitt to let the realtor know about the violation in hopes that it would get corrected as part of a sale. While there was an open building permit on the property, the Plan Commission requested that the Marshall County Building Department not provide a Certificate of Occupancy until the violation was corrected.

412 Lake Shore Drive

At the meeting on the 19th, a status report on this issue was requested by the Plan Commission President. Mr. DeWitt reported that he had inquired about this with the Town’s Attorney handling Plan Commission matters and was told there was no grounds for enforcing this issue. This was a shock to me as well as some of the commissioners!

And here’s the Rant… I’m not the guy that comes in and raises a stink at meetings. I have a lot of respect for volunteers and what they do for the community. I don’t call them out or try and embarrass them in public meetings. But this is part of a string of promises from the Town, that I have waited patiently on, that have not borne results. This happened with Sand Hill Farm Apartments, The Paddocks and most recently the READI Grant applications. I have trusted in the process and been disappointed again and again. While I don’t volunteer with the expectation of returns, it’s frustrating to lose property value and business opportunities to others who have contributed little or nothing to the community. I’ve always been optimistic, but pragmatic. My optimism is waning lately… and my pragmatism is transitioning to cynicism…