I was going through some old posts and ran across this video the Culver Visitors Center created when Sand Hill Farm Apartments first opened: https://drive.google.com/file/d/1ejjSup5eoh-Rfs266NGxjJ2d42b35t21/view You can tell it was early on because the joy john was still in the parking lot! Ha!
Since opening, we have tried to continue to make improvements. We installed an Amazon Hub, a bike rack, a fire pit and firewood rack (which we periodically fill), some pines to hide the ugly Culver lift station, some trees, a new site sign and this year we mulched the parking lot islands and planted creeping thyme, and will be planting some more trees. We’ve also set things up so the residents can access Surf Internet as well as the Mediacom service, which was there originally.
I would still contend that the construction of the Damore Amphitheater and Sand Hill Farm Apartments are what tipped the scale for Culver’s Stellar designation. We want to maintain Sand Hill Farm Apartments with that same leadership going forward.
I’ve written about the Extraterritorial Jurisdiction and the Extraterritorial Boundary here before. You can search the site and come up with a handful of blog posts from the past on this. As a member of the Culver Comprehensive Plan Committee, I lobbied for language that Culver should consider expanding their extraterritorial planning boundary to the 2 mile limit allowed by State Statute. (The language from the draft plan is to the right.) To me, this is a totally reasonable premise for several reasons: 1) Culver already has extraterritorial jurisdiction, just not out the allowable 2 miles. Obviously, it’s something the town has seen value in and has maintained. 2) Culver has annexed land, expanding the boundary of the town without any additional expansion of extraterritorial jurisdiction in those directions. 3) Marshall County is currently considering a county-wide sewer system. Sewer access is one of the main incentives for annexation. 4) The Comprehensive Plan, is just that… a plan. The name of this one is Destination 2040. Is it truly unreasonable to consider planning for the area surrounding Culver sometime over the next 16 years!?
The illustration to the right if from an old blog post. It shows the zoning boundary in 2013. The circle around the outside of that shows the approximate location of the 2 mile area Culver could have requested at that time. Since that time, the planning area was reduced and the annexed area was increased. The reason for the reduction in the planning area was the inflexibility of the County’s GIS system and the way Building Permits were issued. This resulted in a negotiation between Marshall County and Culver to change the boundary to follow parcel lines. For the most part, parcels with split zoning per this map were moved completely into Marshall County jurisdiction or Culver jurisdiction following whichever controlled the greater percentage at that time. While I understood the problem, I lobbied that spit parcels should have gone 100% to Culver as they were all within the 2 mile radius. I was a bit frustrated that the split parcel owners weren’t even asked if they might want to be part of Culver’s Planning Jurisdiction.
The illustration to the right shows the new zoning boundary as of 2024. This also shows the new annexation lines accounting for The Dunes, the Executive Storage facilities and Culver Meadows. The majority of the area outside of Culver proper is zoned S-1 (More on that later), with a L-1 districts around the lakes and the occasional C-2 and PUD zonings. There would be very little difference in the 2 mile potential area, since the annexations that have occurred are to the west and south where Culver would be limited by the county line. (I think… There maybe options to cross county lines with the blessing of the adjacent county, but that so far outside the bounds of feasibility at this point, that it’s not worth researching.) What isn’t clear in this map, is that part of what was done during the parcel swap was to add an A-1 Agriculture District to Culver’s Zoning Ordinance. The County’s A-1 District and Culver’s A-1 District are nearly identical, by design. The GIS doesn’t even recognize a difference and shows them with the same designation and color.
At some time during the 30 day review period for the Destination 2040 Comprehensive Plan draft, some people read into it, not only the intent to actively pursue planning and zoning expansion, but by some interpretations to pursue annexation of this area. On top of that, in some cases it was construed as an additional 2 miles on top of the current extraterritorial jurisdiction, spreading the planning area even further. The rumors spread and grew. The Culver Town Council held a meeting to discuss this on April 9th. I tried to attend the meeting, but the council chambers were woefully too small for the group that wanted to be heard, so not wanting to stand in the corridor or outside the door, I left. After an extensive discussion with the Comprehensive Plan Steering Committee last week, the original paragraph from the draft (above) was left intact, but the following was added at the end to further clarify the current intent: “At present, The Town of Culver does not have plans to extend its zoning limits. Any future consideration of extending the town’s zoning authority will be done through a partnership between the Town, Union Township, and Marshall County.”
The irony of how this played out is amusing to me. In a nut shell, those outside the town limits do not want to be in the planning area, because they do not have a vote for the elected officials that would make the decisions, and therefore, no influence on what is decided. Yet they appealed to those same elected officials, that they didn’t vote for, and influenced their decision at the expense of those elected officials’ actual constituents. Kinda makes my head spin… Ha!
As always, kudos to those who step up to take the slings and arrows. It sounds like that meeting was rough. I appreciate that they took a step back to consider the language rather than running with a snap decision based on the ire at the meeting. There are also plans to create an advisory committee and have some discussions with landowners in the extraterritorial planning jurisdiction, both the area in it now and the potential expansion area.
The important thing to remember here, that seems to have been lost in the heat of the moment, is that this is a plan… A plan with a 16 year horizon… The things in here are designed to give direction, but it is not set in stone. In regards to expanding the planning jurisdiction, it says, “Opportunities to expand the current extraterritorial planning boundary to its full allowable two mile radius should be explored whenever they arise, and particularly, whenever access to the town infrastructure and resources in the unincorporated areas, contiguous to Culver’s town limits is considered.” Nothing about that says to do it tomorrow. It just means be aware and cognizant of opportunities.
This has gotten long, so I’m ending it here. I will follow up with Part 2 to discuss what inclusion in Culver’s planning jurisdiction could mean to those not in it now. (Spoiler Alert, there are some positives.)
After almost two years of work by local volunteers through various committees with the help of MACOG, the final draft of the new comprehensive plan is available for review here.
A community’s Comprehensive Plan should be revised every 5-10 years. I had advocated for the plan to be revised sooner (I thought Culver’s 2020 Vision had a nice ring to it!), since we completed many of the goals of the previous 2014 Comp Plan through the Stellar Communities funding. Unfortunately, like many other things, Covid stopped early progress on this.
It is generally the responsibility of the Plan Commission to create a new Comp Plan, but in this case, the Culver Plan Commission delegated this to the fledgling Culver Crossroads group. With the help of MACOG, Culver Crossroads held multiple meetings, public events and other opinion gathering methods to take the pulse of the community and set goals for the future. I’ve participated in this from the start and I believe the new plan captures a lot of vision needed for the future of Culver.
Once the document is finalized, the work needs to continue. The plan is worthless sitting on a shelf. It needs to be revisited often by all branches of Culver government so that its goals can be implemented and its guidance can be observed in the decision making process. Since it was created by the citizens, it should be respected as the new direction for Culver.
This is your last chance to be one of those citizens giving final input before it goes to the Plan Commission and Town Council for adoption. Even if it’s just catching a spelling error or punctuation error, let MACOG know, so this is the best document it can be. This will be our plan for the next 10 years and the face of Culver when new developers, businesses and residents consider locating in Culver.
While I’m not a fan of conformity in everything, I do tend to be a rule follower. Yes or No rules are fairly easy to follow, but so many rules in the real world don’t easily fall into Black & White, but actually fall into gray areas. Even ones that are clearly yes or no, sometimes cause hardships that need consideration. In the world of Zoning, this is the reason for the Board of Zoning Appeals (BZA). When a building or property doesn’t fit neatly in the box laid out by the Zoning Ordinance, the BZA has the ability to inject some flexibility.
This is a recurring topic with the Culver Plan Commission and it came up again in the January meeting. There is always a laudable effort to reduce the load on the BZA, when the BZA is continually hearing similar requests on which it routinely grants variances. There is a whole chapter in the Culver Zoning Ordinance for this. Chapter 8 is titled, “Nonconforming Structures, Lots and Uses” to try and handle this, but there are times that it is still not enough. The Building Commissioner put forth a proposal that a structure should be allowed to be rebuilt on the same footprint without a variance. Again, this is something that is routinely granted. But I don’t think it is something where a variance should be waived.
As with a lot of our government where there are multiple individuals involved, the BZA is often in the business of finding reasonable compromises. The concept of allowing reconstruction on the same footprint is already a bit cumbersome in practice. Often, the reason for wanting to build back on the original footprint is because that allows continued violations of required setbacks, impervious surface standards or other ordinance rules. Sometimes this is a necessity due to lot sizes, but there can still be issues. Without review, the policy can be abused.
In the past, every nonconforming structure required a BZA review and variance in order to make any changes. The idea was for there to be a review to see if the proposed project could make the structure less nonconforming, if not bring it completely into compliance. This not only gave the BZA the opportunity to review the project, but allowed the neighboring property owners to voice support or concerns regarding the project. The current thinking is that this is unwieldy, but it served a useful purpose.
I have three main concerns with this proposal and the current ordinance:
I think the Building Commissioner is right to ask for clarification and if enough detail is put into determining allowable reconstruction, this is a reasonable thing to delegate to his authority. As it’s written, it’s a minefield and I be concerned about uneven application.
The Dunes Work Session
May 20, 2024
Kevin Berger
Commentary, Culver, READI
Community, Culver, government, Multi-family, Residential, The Dunes, Trends
There was a work session held Wednesday evening, 5/15/24, to discuss The Dunes project. This was a combined session with the Culver Town Council, Plan Commission and Redevelopment Commission in attendance. Despite being advertised as a work session, they did allow limited questions from the public in attendance. I am not sure how many were watching via Teams, but there were only 7 “public” in the room.
I attended just to listen. As I have said before, I am generally in favor of this project, but The Devil is in the Details. This is the third project of this type, one of two that has regional matching dollars, that has been come up for the Town in the last 10 years. It’s been interesting to see how these things have morphed over time. Since the meeting, I have been approached by several people, some on opposite sides of the issue, for my thoughts on the meeting. I thought I would include some of my responses to them here.
The meeting was ostensibly to hear the Town’s Engineering Firm, Midwest Engineers, Inc., give their assessment of the drainage plans. Some of what was presented was by the developer’s attorney though, so there may have been some honest miscommunication. That said, it wasn’t corrected by the engineer. As a disclaimer here, I have not seen the drainage study, final plat, or construction plans, so I can only speak to what was presented.
Thoughts on the drainage:
Thoughts on size:
Thoughts on traffic:
Thoughts on costs:
These are the main points and I think I will leave it here. If something else comes up, that I think should be mentioned, I may make some edits.
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