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.
  
Other Business
In other business, five storage units on South Shore were ordered removed by Sept. 5, 2008 or face a daily fine of $100. Mason brought the issue to the attention of the plan commission that five storage units had been placed on a parcel of land without a principal residence or obtaining a building permit.
Alex Kallick, representative of the owner at 166 S. Shore, apologized to the commission and said he was unaware of a permit requirement or zoning violation. The units had been placed there for the convenience of neighbors in the area he said to store lawn equipment and no commercial use was involved.
The commission voted unanimously to require removal of the units as they violated two zoning ordinance requirements — "no accessory structures on a lot without a principal structure, and building without a permit." The commission agreed there is no provision in the zoning ordinance for this type of storage unit to be erected independently of a principal residence.
Under the building commissioner's report, Mason said that to date, 102 permits have been issued with improvement value of $9,472,101 for Culver and jurisdictional area. He also advised that unlawful parcel splits will no longer be recorded by the County Auditor. A Parcel Split form will  be required to be signed by both he and Ralph Booker prior to any recording of a parcel that will insure the parcel was split in accordance with regulations regarding parcel sizes.