Maxinkuckee Village  

This proposed project seems to be a dead issue now and will not be coming about - but it is a part of the history and what could of been.

Maxinkuckee Village proposal passes first hurdle
Friday, 22 August 2008
By Bobbie Ruhnow Staff Writer

CULVER — A preliminary proposal for Maxinkuckee Village, a planned unit development, was presented for consideration to the Culver Plan Commission at its meeting this week.

A preliminary proposal requires a developer to supply conceptual drawings, proposed zoning, existing and required water, sewer and other essential utilities, along with location of buildings and recreational, commercial or residential uses. The preliminary presentation gives a developer the opportunity to explore whether the commission will allow a formal presentation and public hearing.

Kelly Young, chairman, asked Russell Mason, building commissioner, to clarify to the audience what the Culver zoning ordinance requirements were.

Gary Aker, of Aker Properties, LLC, Al Collins of Construction Management and Fred Jones, attorney, presented a plan for 31 single family villas, 16 townhouses, plus a tennis court, swimming pool, and club house on the 55.77 acres that presently comprise the Culver Marina area.

The residential areas would be erected behind the present commercial areas existing with a 6.5 acre green space between the circular residential buildings proposed. All residential buildings would meet the height and square foot requirements of the ordinance. Jones noted that the covenants required for the tenants would emphasize that no lake access rights are granted by virtue of ownership of the residences and pier space at the Marina is not guaranteed.

The immediate concern of the commission was the requirement for a municipal sewer and an adequate water supply. Jones advised that the plan is to form a conservancy district in conjunction with Mystic Hills Golf Course that would extend to S.R. 117. The water supply would be from two 6-inch wells. The conservancy district will require state approval but will meet the necessary requirement of a municipal sewer system. Town Attorney Ron Gifford agreed that a conservancy district met the zoning ordinance requirements.

A brief overlay of the proposed sewer system was given by Dan Papczynski, Aero-Tech, who described an aerobic process, or cluster system, which has been approved by the state.

Kathy Clark, Lake Maxinkuckee Environmental Council director, questioned if attention had been given to the part of the parcel that is designated as a flood hazard plain. Collins said he had been in contact with IDEM to address the issue.

Mason was asked to be certain that the entire scope of the PUD would be in Culver's jurisdictional authority. He said he had checked with Marshall Co. Plan Director Ralph Booker who agreed that it was, but would double check prior to any final decision.

Jane Grund, Lake Association director, asked if the Culver Marina had plans to expand its present pier structure and boat docking capacity. Aker noted that this would not be allowed by IDEM.

Proof of financial responsibility to complete the project as planned was attested to by Bieghler, Haenes, Lappin, CPA. This is also a requirement of the proposal.

In answer to a question by Barry McManaway, member, Aker assured the commission that this would not be a "hotel" type operation, although individual members might rent out their units.

Mike Stallings, Culver Chamber of Commerce president, said he supported the PUD proposal and saw it as a plus to the Culver business community.

After reviewing the documents presented as required and listening to citizen input, the commission moved unanimously to proceed to a formal presentation and public hearing with the provision that a conservancy district be established and approved, details of water and sewer capacities provided, access lanes provided from the State highway, and street layout within the PUD be presented for inspection along with engineering, owner covenants, and other information required by the PUD ordinance.

A recommendation will then be given to the Culver town council who will also have a public hearing on the issue...

This area is roughly part of the culver Marina are which is 55.77 acres. Plans are for - 31 single family homes and four condo buildings with 4 units in each. There will be a total of 163 bedrooms, an estimated 173 bathrooms, a community building, tennis courts, pool, as well as a 160 seat restaurant with 35 employees. There are plans to build other residential units within the territory included in the Conservancy District which are not a part of the PUD project at this time. Sewer Conservancy District if permitted, will allow the property owner to develop what remains of the green space in the 55.77 acre site.

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A blog on the Easterday Construction website - on the above:

Maxinkuckee Village Preliminary PUD at Plan Commission On Tuesday, August 19th, Mr. Gary Aker introduced his plans for Maxinkuckee Village to the Culver Plan Commission

He was assisted by Mr. Allen Collins of CMD Construction and his Attorney, Mr. Fred Jones. This was the first trial of Culver’s revised PUD ordinance. The ordinance was revised last year to add a preliminary concept review by the commission to determine if the developer was on the right track or if the commission had fundimental issues with the proposed development. There are still quite a few requirements at this stage including a site plan, topography map, boundary survey and proof of financial capacity. I watched this with interest as it should be a precursor of what happens with the Sand Hill Farm PUD I am considering. Maxinkuckee Village is a PUD development that encompasses the existing Culver Marina and approximately 25-30 more acres of undeveloped land between the Culver Marina entry drive and the Mystic Hills Golf Course. It consists of 31 Villas and 16 Townhouses. The Villas are free-standing structures. The Townhouses are four units per building in four buildings. It is a fairly low density development with extensive green space. The units are to be sold as condominium units with an association to take care of grounds. There is access via the existing marina drive and a new access directly onto State Road 117. Dedication of the interior streets was not discussed. Since this is in an unincorporated area, the street dedication would have to be negotiated with Marshall County. There was some question about using the Maxinkuckee Village name too, since there is already a historical, unincorporated area with that designation (here). Mr. Collins made a good presentation as usual. He is an excellent salesman and I am quite confident that “he could sell ice cubes to Eskimos” as the saying goes. The Plan Commission asked good questions with assistance from the audience and he was prepared for most everything. The developer seemed most concerned that they would get hit regarding funnelling, but that is probably a non-issue in this situation. They are not requesting an expansion of the marina and the new residents would have to rent slips, so there is not an increase in loading on the lake. A major concern of the Plan Commission was sewer access. There was lengthy discussion at the time of the Ordinance revision regarding whether to change the requirement so that sewage must go to the Town. It was determined that “Municipal Sewer” was acceptable. The developer satisfied this by agreeing to set up a Conservancy District, which would be a taxing body and thus qualify as a Municipal Sewer. The commission questioned this, but according to the Building Commissioner, the commission’s attorney rendered an opinion that this interpretation was accurate. There were a few additional issues that I found interesting and possilbly useful for Sand Hill Farm. First, the ordinance states that the PUD must be complete in 2 years. When asked, Mr. Aker indicated that it was not their intention to complete the project at one time. While they do have a waiting list, they would plan to build units as needed. They projected 60 months for completion. The Plan Commission did not voice any objection to this extended time period, nor did they attempt to lock them into even the 60 month period. There seemed to be more concern about the potential for unfinished or unoccupied units than there was for the extended buildout period. This is useful information as I take this as a clarification that completion of the PUD as a zoning change and infrastructure change is separate from the construction of units on site. I am assuming that the required covenants will further define when the ammenities have to be in place. The second issue that surprised me was that the Plan Commission did not seem concerned that the proposed development did not follow the development density criteria in the Culver Comprehensive Plan. The Comp Plan calls for zero to .5 units per acre. Mr. Collins couldn’t recall an exact acreage at the meeting, but the Pilot News article reported that the entire acreage including the commerical area was just under 56 acres. I had always assumed that the commercial area would not be counted for density, but that does not seem to be the interpretation of the Plan Commission. Even with the commercial area included, the development would have only been allowed a maximum of 27 units per the Comp Plan. Maxinukuckee Village is currently requesting 47 dwelling units. I was surprised at this flexibility in the Plan Commission’s interpretation since they recently shut down a proposed hardware store development based on its non-compliance with the Comp Plan. Lastly there was the issue of public input. There is quite a stir in the community against Maxinkuckee Village. The preliminary approval was listed on the agenda for the Plan Commission, but it was not required to be published in the paper and was not published. The Plan Commission allowed public input, though they stated that was not a requirement. The Plan Commission passed the preliminary approval based on the developer having all of the required elements listed in the ordinance and made no subjective comments or references. In my opinion this will make it hard for them to deny the project at the next phase if the developer again complies with all of the items required by the ordinance. The preliminary approval was designed to address the concept questions and they have now approved it in concept. I am sure that public opinion can and will sway them, but it will take more than feelings to stop this development from moving forward. --- Kevin L. Berger

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Proposed Maxinkuckee Village Conservancy District (09-167C)
When: Dec 10, 2009 10:00 AM - 11:00 AM EST Indiana Time Zones
Where: Teleconference,br> What: An informal telephone conference is set for the scheduling and conduct of a hearing to be held in this matter in Marshall County under IC 14-33-2-19. The matter is also identifed as Marshall Circuit Court Cause No. 50C01-0309-MI-91. The ending time is approximate.

The LMEC Novermber 2009 News letter and petition (pdf file) and the Aker's responded to the LMEC Newsletter via a pdf file on their site.

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Maxinkuckee Village Conservancy District Petition (09-167C)
When: Feb 04 & 05, 2010 10:00 AM EST Indiana Time Zones
Where: Vandalia Railroad Depot, 615 E. Lakeshore Drive, Culver, IN
What: A petition for the creation of the Maxinkuckee Village Conservancy District (Marshall Circuit Court Cause Number 50C01-0309-MI-91) was referred to the Indiana Natural Resources Commission. The Marshall Circuit Court has ordered the Commission to hold a public hearing and receive evidence under IC 14-33-2.

In order that the required report may fully cover the matter, you are notified that the Commission will hold two public hearings set to begin at 10:00 a.m. on February 4, 2010 and February 5, 2010 at the Vandalia Railroad Depot, 615 East Lakeshore Drive, Culver, Indiana. On February 4, 2010, testimony received will be limited to the petition and expert testimony offered by attorneys for the petitioner or for a remonstrator. On February 5, 2010 comments will be received from interested persons.

All interested persons are invited to attend these hearings, including representatives of federal, state, county and municipal agencies, and those of commercial, industrial, civic, highway, railroad and property owners concerned. Interested persons in attendance will be afforded a full opportunity to express their views as to the establishment of the district as stipulated more particularly in this notice. Oral argument will be heard, but important facts and arguments should be submitted in writing. Written statements may be handed to the hearing officer at the time of the hearing or mailed to the attention of Stephen Lucas, Natural Resources Commission, Division of Hearings, Indiana Government Center North, 100 N. Senate Ave., Rm. N501, Indianapolis, IN 46204, or emailed to jkane@nrc.in.gov.

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Other articles -

Many get involved in talking about Culver development - 08 February 2010

Maxinkuckee Village PUD, district debated at hearing - 11 Feb 2010

Public input sometimes emotional at conservancy district hearing - 11 Feb 2010