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Commission continues West State Road 28 Park subdivision over easement and covenant issues
Summary
The Area Plan Commission continued JJ Property Investment LLC’s primary‑plat application for West State Road 28 Park (major subdivision) so the applicant can record required drainage easements, finalize restrictive covenants (including an owners association for drainage maintenance), and obtain county signoffs; the motion carried 6-0.
Clinton County’s Area Plan Commission continued consideration of the West State Road 28 Park primary plat submitted by JJ Property Investment LLC, citing outstanding recorded easements, incomplete restrictive covenants and the need for county signoffs on dedications.
Staff member Liz Ditzel presented a detailed analysis of the two‑phase, non‑residential subdivision (roughly 42.9 acres) that would include two defined lots, three blocks for later division, common drainage areas and roads. Ditzel said the drainage board had granted conditional drainage approval on Oct. 7, 2025, but two drainage easements that underpin the approved stormwater plan had not yet been recorded and instrument numbers were not provided. She said the covenants currently leave an owners association optional; because not all common drainage infrastructure is proposed for dedication, the ordinance requires a mandatory owners association to collect fees for drainage maintenance.
Project manager Adam Gearhart (Kimley‑Horn Associates) told the commission the applicant (owner Jack Singh) plans a convenience store and gas station on Lot 1, a likely hotel on Lot 2 and potential light‑industrial users in deeper blocks. He said the developer has drafted easements and is negotiating details with adjacent owners (including the Harshmans), INDOT and the county so recorded documents and final covenant language can be ready by the next hearing.
Staff also flagged details for the covenants that must be resolved before primary approval: an accurate legal description (typo in range number), listing all owners (including the county redevelopment commission) on the plat, clarifying use restrictions carried from rezoning commitments, specifying who will construct and maintain sidewalks and the proposed common-area improvements, documenting gas‑line easement constraints, and including the right‑turn‑only restriction for certain lot drives. Staff recommended conditional modifications to street/pavement standards (recommending a partial modification for cul‑de‑sac pavement to 105 ft and right‑of‑way to 130 ft) if the board approves the primary.
After public comment and questions (including a stormwater clarification from NHK’s Rich Beck), the commission voted to continue the application 6-0 to allow the applicant to finalize recorded easements, covenant language acceptable to the APC attorney and the county commissioners’ acceptance of dedications.
