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La Porte City Plan Commission approves subdivision of Rural King parcel at 1340 West State Road 2
Summary
The La Porte City Plan Commission approved a preliminary and final plat to split the Rural King building into a separate lot from the remainder of the shopping center, contingent on submission of reciprocal easement documents and legal review. Commissioners noted the site uses a private sewer line that will be governed by easement agreements.
The La Porte City Plan Commission voted to approve both the preliminary and final plats to subdivide the Rural King property at 1340 West State Road 2, subject to submission of easements, covenants and restrictions (ECR/REA) and review by city legal staff.
The petitioner, Rural King Realty, LLC, represented by Clayton Walden, said the request would split the existing parcel so one lot would contain the Rural King store and the other would contain the remainder of the shopping center and associated parking. “We are requesting to subdivide off the Rural King box from the remainder of the shopping center,” Walden said.
The commission’s approval included a condition that the developer provide reciprocal easement agreements or similar documents that establish cross-access, parking and utility easements. Walden told the commission those agreements “would grant easements to each of the owners” and include remedies allowing an owner to repair utilities and then seek reimbursement under the private agreement.
Commission members raised questions about utilities. A city official reported that water lines crossing the parcel are public utilities, but the sewer serving the building is private and runs through the alley. One commissioner noted that if the private sewer broke, responsibility for repair could fall to adjacent property owners unless the easement agreement provided otherwise. Walden said the submitted ECR/REA language will be crafted to allow owners the right to make repairs and to pursue reimbursement.
A member of the public, Rebecca Pats of Michigan City, asked whether anything new was being built; the chair clarified that the request was only a subdivision and that ownership could change but no new construction was proposed as part of this action.
The motion to approve the preliminary and final plats subject to submission of the ECR/REA documents and legal review passed. The vote was recorded as in favor by the commissioners present: Miles Fettinger, Vicky Gushrovski, Drew Buchanan, Pete Saunders and Jerry Jackson; Julie West was absent. The commission asked the petitioner to deliver drafts of the easement documents for city review before the matter returns to the public works/plan commission process.
Commission staff said they will review the submitted documents before the next meeting and confirmed the buyer of the subdivided lot would take ownership subject to existing leases for tenants on the remaining parcel.
