The Culver Town Council voted on the second reading of Ordinance 2022-003, an ordinance to rezone 415 Lake Shore Drive from commercial C-2 to a Planned Unit Development (PUD).
The Culver Plan Commission sent a favorable recommendation to the Town Council to amend the zoning in a vote of 8-0. The property is owned by Brywal Real Estate LLC out of Crown Point. The ordinance states that the PUD is in compliance with the Culver Comprehensive Plan and takes into consideration the rights of property owners in the neighborhood and reflects the architecture of downtown Culver.
The ordinance states that the preliminary plan is approved and the amendment to the Culver Zoning Map to identify 415 Lake Shore Drive as a PUD zoning district.
While the ordinance was listed on the agenda as a second reading, the ordinance was slightly amended, and Town Council member Bill Cleavenger asked for it to be considered on the first reading. Cleavenger then asked to suspend the rules and approve the ordinance on the second and third readings. It passed 4 – 0 – 1.
Town Attorney Jim Clevenger said they have already started to put together a transcript so this matter can get before the judge for his review of the proceedings for the judicial review.
A secondary review by the Plan Commission is necessary prior to the issuance of a building permit although the town attorney said he believes the council for the petitioners is going to seek a stay on the town issuance of a permit until the hearing.
As the discussion went on it was stated that the plaintiff is arguing that the Plan Commission didn’t follow proper procedure. Clevenger said, “The argument to some extent is that our zoning ordinance doesn’t match state statute in some key areas.”