Volunteering

Culver Zoning 7/19 Update – Part 1

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The Culver Plan Commission is looking into some changes to the Zoning Ordinance. Some of this is prompted by what is coming before the BZA for Variances and some of it is based on recommendations from the Building Commissioner and various commission members.

R-1 Setbacks

The first issue under discussion is rear yard setbacks in the R-1 district. The two things being discussed regarding this are:

  1. Single Family Rear Yard Setback: 25′ (page 26)
  2. Accessory Structure Setback: no less than 10′ from the rear lot line (page 82)

Regarding #1, some of the members on the Plan Commission also serve on the BZA. They referenced this as one of the issues that comes up constantly. This is particularly an issue in the areas of town where the Lot of Record is non-conforming by size, i.e. too small. The discussion initially centered around reducing the R-1 Rear Setback requirement from 25′ to 10′, which is apparently a commonly granted variance request. There was pushback on this from some members that felt that this needed BZA review and shouldn’t be the default.

I made the suggestion that the ordinance be modified to allow the 25′ setback to remain in place for conforming lots and allow the reduction for the smaller non-conforming lots. This seemed palatable to the majority of the members, but it was tabled for further thought and discussion at the next meeting. One additional thought I had is how this change would affect the R-1 impervious surface limitations in the ordinance. (Maximum Impervious Lot Coverage: 50%) Many of the lots requesting setback variance may still be coming to the BZA due to this limitation. This becomes a trickier issue as it not only affects the adjacent neighbors, but the entire storm water system and Lake Maxinkuckee. This should be considered as well.

On a side note, I was pleased to hear one of the members bring up the affordable housing issue and how zoning restrictions often stymie creative solutions. I hope he carries this forward into the ongoing Comprehensive Plan meetings. Some allowances for creativity and New Urbanism would put Culver ahead of most of our neighboring communities and the County.

Regarding #2, some members thought there was a discrepancy, since accessory structures were allowed within 10′ of the rear property line. I would argue that there is a big difference between the an accessory structure and a main structure within 10′ of the rear property line. An accessory structure, such as a garage, gazebo or yard barn, which is limited to a height of 16′ and generally will have a smaller footprint. The main structure is allowed to be 35′ in height and often has a footprint that fills the lot from side setback to side setback. This could be quite imposing for the neighboring property, particularly in cases where there isn’t an alley or other additional open space. Personally, I think this should stand as is, though I might suggest tweaking it to address garages that access rear yard alleys. When they are constructed 10′ off the alley, general access can create issues and often trespass on the neighbors.

The other issue that was discussed was the line of site setback requirement for L-1 properties, but I’ll address that in a separate post.

Culver Crossroads

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Last year Culver started a new initiative to replicate the positive steps taken by Marshall County Crossroads with a local version, Culver Crossroads. I have agreed to be involved in several capacities, serving on the Steering Committee & Business Development Committee. There’s the possibility that there will also be a Housing Committee that I would serve on as well. Housing has initially been put under Quality of Life. I’m not sure if that’s going to work or not. I agree the goals are similar, but housing may take some specific focus. In any case, another year, another committee! Lets see if we can make things better.

New Comp Plan for Culver

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For the last couple of years, I’ve been trying to get Culver to consider a Comprehensive Plan update. There are a few reasons for this:

  1. It’s just good practice. Most of the time it is recommended that a town’s comprehensive plan is reviewed and updated every five years with a new one completed every ten to fifteen years. Culver’s current comp plan was completed in 2014. I really thought we should have done this in 2020 since we could have called it Culver’s 20/20 vision, but last year was, um, challenging, to say the least. I bet there would have been good Zoom participation just out of boredom though!
  2. Stellar… The two Stellar Strategic Action Plans that brought us Stellar designation used the 2014 comp plan as a jumping off point. (As they should have.) For that reason, most of the readily achievable goals and even a few aspirational goals have been met or at least advanced. No sense sitting our our laurels. What are the next things we need to achieve?
  3. Future grants will require an updated comprehensive plan. The Stellar program required a comp plan no more than five years old. Other grant opportunities may hinge on that as well. If that’s the case, a comp plan can’t be updated overnight.
  4. Our community has changed physically. We’ve added the housing at Sand Hill Farm. There are 72 new residences there since the last comp plan and many of those are new faces in Culver. The Maple Ridge housing was not here in 2014. More than a few infill lots have seen homes constructed, while we have lost the trailer park, the City Tavern building, the Evil Czech building and the Boetsma property has been partially destroyed by fire. We have annexed new property on the northwest side of town. We have accepted the East Shore Sewer Corporation into Culver’s wastewater system.
  5. Our Community leadership has changed. Ginny Munroe has stepped down from the Town Council. Her leadership in spearheading the Stellar effort was invaluable. Tammy Shaffer stepped out of town leadership after being an important part of the Town Council and Redevelopment Commission. Pete Peterson, a long time Plan Commission stalwart has retired and sadly, some community leaders like Ralph Winters have passed away… New people have stepped up to replace them and their voices need to be represented in a new comp plan.
  6. Building Commissioner Chuck DeWitt has asked the Plan Commission to start a monthly review of the Comprehensive Plan in advance of an update or new plan. The Plan Commission will take up a couple of chapters a month. As always, the Plan Commission and Board of Zoning Appeals are seeing new challenges to the Zoning Ordinance, which is based on the goals and aspirations of the Comprehensive Plan. We have new types of development occurring, such as the RV storage facilities planned at the end of Main Street, which will involve another annexation. These things need to be addressed in the comp plan.

Some things on my agenda?

  • I was disappointed that Culver didn’t work harder to obtain our allowed 2 mile extraterritorial boundary. We were already sorely below the allowable area, but since the last comp plan, we have annexed land to the north and west and we’re about to annex land to the south. There has been no expansion of our extraterritorial boundary with this growth.
  • Since I served on the previous Comprehensive Plan Committee, I have become more in tune to housing and housing needs. The video below is an example of how we could adjust our zoning requirements to allow new and different affordable housing. Should we be a bit more progressive, consider new urbanism and other non-traditional zoning options?
  • Little was done to advance zoning changes to reflect the land use planning included in the last comp plan. We need to be more proactive.
  • More education is needed on the use of the comp plan. (Part of this is due to the change over talked about above, so there are new people involved.) The Plan Commission has done better with it’s referencing of the comp plan, but it is still not regularly referred to by the Town Council when decisions are being made regarding infrastructure. It is still too common to see projects that address today’s needs without addressing future potential. The sewer lines at Sand Hill Farm were not extended nor at the correct depth for future growth in the area. Can we do better with the annexation and infrastructure extensions we’re getting ready to do to the south? When the (now defunct) PUD was created for housing on the west side, the comp plan’s goal of extending Academy Road to S.R. 17 was ignored. (The developer should have been required to plan for it on his property and Culver could have worked on the remaining pieces needed as development progressed in the future.)

I was pleased to hear that the Plan Commission is starting the discussion. A revised comp plan will lead to a zoning ordinance update, a new strategic plan and hopefully a new list of accomplishments for Culver to start working on. Jim Dicke once told me, “Towns are growing or dying. There is no way to remain the same.” Culver is on a growth trajectory. We need to keep that going!

Ginny Munroe – Soaring Eagle

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Last Thursday evening Becky and I were pleased to be invited to attend the ceremonial dinner where Ginny Munroe was awarded the LaSalle Council of the Boy Scouts of America Soaring Eagle Award. This award is given to individuals who have been successful in their field of endeavor and have demonstrated integrity, a record of volunteer leadership, and service to youth and their community. Soaring Eagle Award honorees are people who have been unselfish in their service to others on an individual and community basis.  They seek no return for their service, other than satisfaction of aiding their fellow citizens,  their community and their nation. Ginny definitely deserves the recognition for what she’s done for Culver and recently extended to Marshall County.

Ginny and I didn’t really know each other before she joined the Culver Town Council, but since that time we have counseled each other and collaborated on things. We have a mutual respect that has only become more important to me as it has grown. I have continued to tell her that she is leaving a legacy in Culver for which she can be proud. And as is her way, she demures from that.

From her first term on the Town Council, Ginny was motivated to make things happen. She wanted to move the town forward; often fighting the opposition that wanted things to stay the same. I related to her more than once what Jim Dicke had told the Culver Chamber of Commerce years ago; to paraphrase, “Towns are either growing are dying. They cannot stay the same.” Ginny embodied that push for growth. She quickly formulated a plan that included early infrastructure improvements that prepared Culver for other moves forward. When I was pushing the Plan Commission to do a new Comprehensive Plan, she quickly grasped the value and made it the next priority. Then unlike most community leaders, she took that plan, held additional meetings and created a Strategic Action Plan to implement the things the Comp Plan recommended. Most communities let their Comp Plan sit on a shelf, unused and seldom referenced. Ginny has made Culver’s Comp Plan obsolete by completing a majority of the action items and making progress on many of the aspirational items as well.

One of her initiatives that I’m most familiar with was the formation of committee that came to be known as the Entry-Level Housing Committee. For decades, affordable housing has been a problem in Culver and it has only gotten worse. The Comp Plan noted this as a recognized need. Businesses can’t find help and full-time residents are being priced out of the market. I joined that committee as a contractor, with interests in construction, but due to Ginny’s energy and the lack of others stepping up, she motivated me to become a developer! As a step forward in this, MCEDC arranged for me to meet with Bill Konyha, then head of the Indiana Office of Community Development and Rural Affairs (OCRA). He suggested that Culver pursue the recently created small community competition for Stellar designation. When we brought this back to Ginny, she seized it as a great way to move Culver forward, not just in the initial goal of affordable housing, but for community wide improvements. I believe that Culver’s loss in their attempt to win Stellar in 2016 was as much due to politics as anything else, but despite some initial hesitancy, Ginny recommitted Culver to achieving Stellar Designation in 2017. And while working on resubmittals, she moved the Town forward on two of the 2016 projects, the Damore Amphitheatre and the Sand Hill Farm Apartments. I believe that demonstration of “working the plan” made a difference in Culver’s competitiveness and and success in achieving Stellar Designation in 2017.

Marshall County Stellar was a different challenge. OCRA asked Ginny to step up for this because of Culver’s success. She did this while in the middle of a half dozen Culver Stellar projects. Despite the advances made by County Development for the Future, there was still a competitiveness between the communities in Marshall County that didn’t always allow collaboration. Too often, individuals tried to take control or take credit or conversely work against others, rather than letting group collaboration work as it should. Ginny was able to see the problems that caused the first loss and massage the group into a successful second attempt. It was extremely disheartening at the Marshall County Stellarbration when Ginny’s contributions (as well as others) were misappropriated to undeserving individuals. Obviously Marshall County still has issues to overcome.

When Ginny was considering the move to Culver Town Manager, she asked for my thoughts. I was mixed on this. I was concerned that the Town Council would suffer without her leadership and I wasn’t sure that she would be as effective leading from behind. I was also concerned for Ginny, who I consider a natural leader, not being able to lead. So far, my concerns have been mostly unfounded and Ginny has continued to help move Culver forward. Again, she is adding to her Culver Legacy. The Soaring Eagle award is much deserved…

Kevin

Roger Umbaugh

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Easterday Construction lost another good friend last week. Roger Umbaugh passed away Thursday evening, August 5th. (Obituary here.) We completed several projects for Roger at his home on 12th Road, including a re-siding project with Mary Ellen Rudisell. That was one of those projects that could have become contentious as it seemed that every day we would find a new underlying problem that we couldn’t foresee. The home was a RT house that Roger’s father had constructed and that designer/builder had a reputation that his homes were guaranteed to leak. It was a cool home though! Roger and Carol took the odd construction discoveries and issues in stride.

Personally, I really became friends with Roger when we were tapped to start the Marshall County Economic Development Corporation (MCEDC) in 2007. Roger was asked to do this by Kevin Overmyer as a representative of Marshall County. I represented the town of Culver. At first meeting of the group, Roger forgot to invite me! He followed up, apologized, and we went out to dinner with our wives, Carol & Becky, so he could bring me up to speed. That went so well and we all got along so well, that it became a regular thing. We rarely went more than a month without a night out together and one year we vacationed with them at their cabin in Pagosa Springs, CO.

Roger and I shared a sense of pragmatism and impatience that fortunately wasn’t turned against each other too often. (No relationship is perfect, ha!) We both were officers for MCEDC nearly our whole tenure there. For better or worse, we went through 4 executive directors. In the end, the issues caused by the last one under our tenure became too stressful for Roger and he had to step down. I had stepped down a couple months prior to that and Roger said that played into his decision as it wasn’t as much fun without us there together.

Marshall County Philanthropy Center
Roger helped make this building possible.

Roger left a legacy at MCEDC as a founding member, but at times that legacy was as much in his support role as when he was out in front. He was my vice chair when I chaired the organization. When I wanted to gather the communities together to foster better understanding and cooperation, he worked behind the scenes to help me. That became the quarterly County Development for the Future (CDFF) meetings, which made Culver Stellar designation and Marshall County Stellar designation possible. I don’t know that I could have made those county meetings happen without his help. He was also the one that made the New Market Tax Credit project happen. Without him, the financing of the pool and the new building for the Marshall County Community Foundation (MCCF) would never have happened. It was his knowledge and contacts with the State that made it viable. These are just a couple of the things that I was closely tied with and can relate. I know there are many others. But Roger wasn’t one to want credit. He was just happy to see the groups he supported succeed.

We remained friends after MCEDC, kabitzing from the sidelines. We also served on the MCCF Investment Committee together, so our civic service together continued to the end. We continued to have nights out together though the last couple of years they were fewer due to Covid and Roger’s health issues. Both of these fueled his impatience. He never liked dealing with things he couldn’t affect!

Thanks for all the great times, wonderful support and unending wisdom, Roger!

Kevin