On October 1, 2015, the Planning Division received an application for review and preliminary approval of a twenty six - unit condominium subdivision on Lots 2 and 3, Block 3, West King Commercial Park Subdivision.  The property is located on the east side of Black Hawk Street north of King Avenue West, between South 64^th Street West and South 72^nd Street West.  The property is not within the County zoning jurisdiction and therefore, in accordance with Chapter 8 of the County Subdivision Regulations, this condominium development must be reviewed as a Major Subdivision.  The Board of County Commissioners will act on the proposal on December 8, 2015.

PROCEDURAL HISTORY
 

• A pre-application meeting was held on August 27, 2015 for this proposal. It was determined that this is a major subdivision for rent or lease application which follows the major subdivision review process.
• The preliminary plat application was submitted to the Planning Division on October 1, 2015.
• A Department Review Meeting was held on October 15, 2015, on this plat application.
• The Yellowstone County Board of Planning conducted a plat review for this application at its November 10, 2015, meeting.
• The Yellowstone County Board of Planning will conduct a public hearing on this application at its meeting on November 24, 2015.
• The Yellowstone County Board of County Commissioners will be considering the application at its regular meeting on December 8, 2015.
• The 60 working-day preliminary plat review period ends December 28, 2015.

Staff recommends that the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of the Westfield Warehouses and adopt the Findings of Fact as presented in the staff report.


PROPOSED CONDITIONS OF APPROVAL
Pursuant to Section 76-3-608(4), MCA, the following conditions are recommended to reasonably minimize potential adverse impacts identified within the Findings of Fact.
 
 

1. To minimize the effects on public health and safety, prior to final plat approval the subdivider shall receive approval from the MDEQ / RiverStone Health for the proposed cistern and septic system.
2. Minor changes may be made in the SIA and final documents, as requested by the Planning and/or Public Works Departments to clarify the documents and bring them into the standard acceptable format.
3. The final plat shall comply with all requirements of the County Subdivision Regulations, rules, regulations, policies, and resolutions of the Yellowstone County, and the laws and Administrative Rules of the State of Montana.

None

Staff provided a brief presentation on the proposed condominium development and then Planning Board President Dick Clark opened the meeting for discussion. A board member observed that some buildings are already under construction on the site and asked what would happen if the condominium review was not approved by the County.  Staff clarified that if the application was not approved then the buildings could not be sold as condominiums but could be rented with the entire property remaining under one ownership.  Another question was asked about what the uses would be for the buildings. It was stated that they are for commercial uses for business equipment or a staging site for someone that does construction work.
 
After the plat review, staff was contacted by the original owner of the subject property, West King Commercial Park, LP, who is working with Eggart Enterprises, LLC on this project. West King Commercial Park, LP expressed some concerns regarding compliance with the private Covenants, Conditions and Restrictions (CC&R's) on the property. Staff explained that the CC&R's are not enforced by the County but privately via property owners. However, staff did contact Eggart Enterprises, LLC and asked for clarification on the ownership situation and coordination between Eggart Enterprises, LLC and West King Commercial Park, LP. Eggart Enterprises, LLC then provided the attached letter (See attachments page 2) of agreement between the two entities regarding the CC&R's and the approval of the development under review by the County.