This is a follow up on my previous post, Musings on Tamarack Road, regarding the Beachview Properties project. Just to reiterate, I’m basically indifferent to this project, other than I believe that in general, growth is positive for Culver.
There was a public hearing on the annexation for this project at the Town Council meeting, Tuesday, January 24th. I brought up my question about how Tamarack Road will be handled. Ginny Munroe, Culver Town Manager, answered this question saying that there were no plans for Culver to take in any of the Tamarack Road Right-of-Way. Ownership and maintenance would remain with Marshall County. She further explained that Culver would maintain the frontage on West Shore Drive.
This means that no maintenance or improvements to Tamarack Road will be included in the Financial Management Plan for this annexation. It’s a little dated, but this document provides some explanation of what’s involved with the Financial Management Plan on pages III & IV: https://iacir.ppi.iupui.edu/documents/Fullreport_fromWeb_wCover.pdf
Later in the discussion, in response to questions from the Culver Fire Chief, Terry Wakefield, the owner’s representative, Burke Richeson, indicated that the property will be gated and due to the size of the expected vehicles to be stored, there will be one entrance on West Shore Drive and one on Tamarack Road so they can pull through. This means this development will have an impact on Tamarack Road. I am unclear on whether the County has to consent to the annexation, but I would assume they would have concerns about increased traffic loads caused by the proposed project.
This in no way suggests that Culver is doing anything covertly. I have to assume the County is fully aware of this project and the upcoming annexation. After all, the Town Board and County Commissioners share the same attorney and it’s been in the press. It’s just a question of how this benefits Marshall County if it means they take on additional costs.
Shared ownership of streets and roads is always an issue. The coordination of services ranges from the minor, i.e. who plows the snow, to the major, i.e. when one entity decides it needs paved, how is the bill divided? In the case of paving, so much is tied to State funds, it becomes complicated when grant applications are made. Culver just recently has been through this with the west end of Jefferson Street…
Until about 10years ago, the west end of Jefferson Street was still County Right-of-Way. This was a hassle for the County as it was one short section of road to plow that connected to Town streets on one end and the State highway on the other. An agreement was made to transfer this Right-of-Way to the Town and as incentive for the Town to take it, the County paved it one last time before the transfer. Last year, when Culver decided to improve Jefferson Street as part of gateway improvements and pedestrian trail expansions, they found that the transfer had not been completed and MACOG did not have this section as a Culver Street, thus they could not include it in their application.
The Council decided there were enough changes yet to be made to the plan that they tabled it. First of three reads are scheduled for the next meeting. I expect it will go through and the Tamarack “Can” will get kicked down the Road…
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…
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 Restaurant… But 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.
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.)
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.
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.
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.
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.
I ranted a bit in a previous post here about the lack of action on the fence at 404 Lake Shore Drive. This has been an ongoing issue since pre-pandemic. While I was recently told nothing could be done about it, things changed when the property owner at 404 Lake Shore Drive applied to combine their two parcels in to one lot at the 1/17/23 Plan Commission meeting.
I attended the meeting with the intention of asking that bringing the fence into compliance be a condition of the replat, but before it got to Public Input, one of the commissioners brought it up on their own. That in itself was gratifying after all this time and hassle. At that time the owner’s representative asked what I wanted done. I requested it be brought into compliance and that there be a date set for compliance. In an abundance of consideration for the homeowner, the date was set for 8/31/23. If for some reason this has not been remedied by that time, daily fines can be requested until it is resolved.
On a somewhat amusing note, the date was pushed to the end of summer due to potential problems in finding a contractor to make the change. One commissioner suggested there was a contractor in the room that could probably do it expeditiously, pointing to me. Somehow I don’t think I will receive that call! Ha! I’m still pleased that this is moving towards resolution. Thank you Culver Plan Commission!
At Tuesday night’s Culver Town Council Meeting, Town Manager, Ginny Munroe reported on the annexation progress for the “Tamarack Road project”. This is the storage facility project proposed by Beachview Properties LLC at 18710 Tamarack Road.
I get why it is referred to by the Tamarack Road moniker since that is the property address, but it has me thinking about the future. While this is truly none of my business, I would anticipate the future business on that site will want a West Shore Drive address. That would be more recognizable than Tamarack. But will it or should it remain Tamarack Road after the annexation?
Currently South Main Street becomes Tamarack Road at the town limits. I’d need to consult our local historians, Jeff Kinney or Kurt Garner, but I assume South Main Street was Tamarack Road until some point in the past. This seems likely since on the north side of Culver, School Street becomes Tamarack Road again at the town limits.
I assume the street/road will need to be addressed by the Town and County as part of the annexation processes. Situations like this, where one side of the road is annexed, but not the other side aren’t particularly clean. The County is generally more than happy to transfer the road and it’s associated maintenance to the Town. The Town generally wants to negotiate some kind of split where costs are shared until such time as the other side is annexed. This leads to fun questions like does each entity only plow their half during snow events?
Assuming the Town and County work out some amicable agreement, what happens to the name? Does it remain Tamarack Road or does it become the next section of South Main Street? Circling back to the address question, would the future business see more benefit to addressing themselves as being on Main Street?
In all reality, is South Main Street really the appropriate name for even the existing portion of this street? Generally “Main Street” designates the main business district of a community. (Often communities move on and Main Street becomes relegated to a side street.) In my limited knowledge, there were only one business on that section of street in the past. There was a florist shop on the east side of the street just north of the Masonic Cemetery. That business has been gone for decades. Currently South Main Street is solely residential and assuming the Comp Plan is followed, not to mention the current plans for The Dunes, this area will be totally residential for the foreseeable future. Given that and the fact that it doesn’t even line up with Main Street proper, makes the naming question more interesting.
I don’t really have strong feelings on any of this. Just musing about the possible future and it’s ties to the past…
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After writing Tamarack multiple times in this post, I took a drive down this road and didn’t spot a single Tamarack tree, thus I’m assuming the name is due to Marshall County’s peculiar choice to name north-south roads after trees in a mostly alphabetical order.
Thoughts on Zoning Hierarchy
February 6, 2023
Kevin Berger
Commentary, Culver
Community, Comprehensive Plan, Culver, government, Plan Commission, Zoning Ordinance
So, in the past few months, the Culver Plan Commission has rezoned several properties in what they would have considered spot zoning in the past. Two of these were on the main commercial corridors of Main Street and Lake Shore Drive. The first was at 303 North Main Street. This as the former Easterday Dental Office. The Plan Commission rezoned the property from C-2 to R-1 allowing the former residence turned dental office addition returned to residence to receive a permit for remodeling. The second was at 114 Lake Shore Drive. This was a older house used as a triplex. The Plan Commission rezoned the property from R-1 to R-2 allowing the current use to be legal. (They also rezoned 217 South Ohio Street and 810 South Main Street from R-1 to R-2.) I don’t particularly have an issue with any of these uses, but I think they could have been handled better.
The property on North Main Street is probably the most problematic to me. The Main Street corridor from the current Main Street business district north to Lake Shore Drive has been designated “Commercial” in the last two Comprehensive Plans. This has been followed up with a zoning district designation of C-2 in the Culver Zoning Ordinance. This has allowed the existing homes to remain, “grandfathered” in their current use; thus allowing the house at 303 North Main Street to be used as a dentist office, the house at 307 North Main Street to be used as a residence & art gallery, the house at 313 North Main Street to be used as a beauty parlor with second floor apartments, and the house at 212 North Main Street to be used as a law office with second floor apartment. This also allowed the expansion of Good-To-Go into the adjacent lot to the north without issue a few years ago.
In the case of 307 North Main Street, there was no issue when the owners of the art gallery sold the property and the new owners returned the use to residential only. The problem occurred with 303 North Main Street when the new owners wanted to use the property as a home (allowed), but also wanted to remodel. Remodeling required a building permit and residential use is not allowed in a C-2 district. The solution proposed by the then Building Commissioner and accepted by the Plan Commission was to rezone the property as R-1. When it was brought up that this violated the direction of the Comp Plan, the Comp Plan’s recommendations for this area were questioned. I felt the rezoning was a mistake and that considering rezoning that corridor would just compound that mistake. For one quick example, the Rezoning of 303 North Main Street to R-1 placed a buffer restriction that will be imposed if anything is done with 307 North Main Street: “Any property line abutting said residential district shall be required to be effectively screened in one of the following ways, or a combination thereof: buffering by a dense strip of natural plantings or by a solid of opaque fence.” – Culver Zoning Ordinance, Chapter 3, page 32. This buffer requirement doesn’t exist between commercial properties.
I have paraphrased something Jim Dicke II told me several times in this blog: “Communities are growing or dying. The Status quo cannot remain.” I think this is salient because I know of only two commercial properties that are currently for sale, i.e. 107 & 109 South Main Street and I would not say they are priced to sell. If we want Culver to grow and grow in a controlled manner, we need to provide areas for this to happen. It makes sense to expand our commercial corridor and move towards tying the two commercial districts together. The first step is the corridor from downtown Main Street to Lake Shore Drive.
Within the Culver Zoning Ordinance there is some existing hierarchy of uses. While not a 100% applicable rule, for the most part The I-2 district acceptable uses are allowed in the more restrictive I-1 district. The C-2 district acceptable uses are allowed in the more restrictive C-1 district. The R-1 district uses are allowed in the R-2 district. I think this would be worth considering across zoning districts as well. If this were the case, it would not have been necessary to rezone 303 North Main Street since the residential, R-1, use would have been a lesser use than the C-2 District allows. My rational is that this would have allowed the existing house to continue to be used and remodeled without losing the Town’s long-term goal of expanding the commercial corridor. It would have also kept it abundantly obvious to the land owners that the goal is commercial and not leave them thinking that their future neighbors will automatically be residential. That said, when a cross use is made, it would be easy enough to require any of the more restrictive requirements to be followed, whether it’s the lower use or the higher use, i.e. if a property owner wants to put a house in a C-1 district, this would be allowed, but the R-1 setbacks, impervious surface requirements, etc. of the R-1 district would apply as the more restrictive land use. This idea would require further examination and consideration, but it might be a good first step into some of the more mixed uses being considered in the upcoming Comprehensive Plan.
Personally, I would not only keep this corridor commercial, but would expand the Main Street Commercial Corridor on down to Davis Street and expand the Lake Shore Drive Commercial Corridor west to Main Street. On the south end, there is already commercial property at the corner of Main & Davis. There is already commercial property on both sides of the street on all corners of the Main and Lake Shore Drive intersection. Linking these together makes planning sense. It opens the opportunity for more mixed use little shops and businesses such as the former art gallery at 307 North Main Street and the law office at 212 North Main Street. This would promote more foot traffic between the two commercial areas of town. I am not sure I would find fault in making this C-1 while we’re at it…
Sometimes the desire to be helpful overcomes the mission of long term planning and the vision that involves. It was helpful to the new owners of 303 North Main Street to rezone the property, but there were other options. Sending them to the BZA for a “Variance of Use” would have made more sense. Rezoning is the more radical choice.
This also applies to the other three rezonings that were completed, changing R-1 zoned properties to R-2. This is undoubtedly spot zoning creating a future problem where a problem didn’t exist. All of these properties were grandfathered in their current non-conforming use, but now they are allowed to remodel, upgrade or even tear down and build something that solidifies the use, that doesn’t fit the long range plan, for the foreseeable future. While these property owners believe this “fixed” their problem, in reality, all of these properties would require variance for any changes they want to make as they don’t meet the R-2 requirements either!
Before this escalates from commentary to rant, I’ll leave it at here. It will be interesting to bring these things up as the Comprehensive Plan proceeds.
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