1. Resolution 5672 - Vacation of Amended Plats - Silverbrook Estates Phase 1Tanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
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TO: Doug Russell, City Manager 0
FROM: Tom Jentz, Director
SUBJECT: A request by Howard Mann to vacate several amended plats at Silverbrook
Estates which consolidated lots together and to restore the underlying
original plats that were originally approved by the city council.
MEETING DATE: May 5 — Regular Council Meeting
BACKGROUND: Howard Mann, dba 93 and Church, LLC, received preliminary plat
approval of Phase 1 of Silverbrook Estates on December 4, 2006 for 285 residential lots. Two
separate final plats were then approved by council: phase lA of Silverbrook Estates in March,
2008 and Phase 1 in July, 2009. As the great recession settled into the Flathead Mr. Mann had
285 final platted residential lots and a limited market opportunity. These lots all have public
infrastructure in place including streets, curb, gutter, sidewalks, water and sewer mains, etc. but
no buyers. Mr. Mann came to the city staff with a concept to financially keep the project solvent
as he was now paying taxes and special assessments on 285 vacant lots with little chance of lot
sales and development. He asked to file an amended plat over several of the approved blocks
consolidating the lots in each block into a single lot. This greatly reduced his tax and special
assessment liability and also made sense because there was no one living in the subdivision to
demand services.
Now, the market is changing and he would like to remove four of the amended plats that
consolidated the lots together thus re-establishing 35 original plated lots as originally approved
by the city council intact. The Flathead County Clerk and Recorder, who is responsible for
filing all plats in Flathead County has indicated that a formal action by the Kalispell City Council
is required to rescind the amended plat thus returning portions of this project back to the
configuration originally proved in 2008 and 2009.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
No. 5672 authorizing the request to vacate the Amended Plat of Lots 1-16, Block 4 Silverbrook
Estates Phasel, the amended Plat of Lot 172, 174-176, and 186-190 of Block 8 Silverbrook
Estates Phase 1A, the Amended Plat of Lots 40-45, Block 17 Silverbrook Estates Phase 1 and the
Amended Plat of Lots 50 — 53 Block 18 of Silverbrook Estates Phase 1 thus restoring the
restoring the underlying 35 lots as originally approved by the city council.
FISCAL EFFECTS: The immediate fiscal impacts will be positive as 35 residential lots will now
be assessed property taxes and special assessments.
Respectfully submitted,
Tom Jentz, Planning Director
RESOLUTION NO.5672
A RESOLUTION TO VACATE AMENDED PLAT OF LOTS 1-16, BLOCK 4 SILVERBROOK
ESTATES PHASE 1, THE AMENDED PLAT OF LOT 172, 174-176, AND 186-190 OF BLOCK 8
SILVERBROOK ESTATES PHASE 1A, THE AMENDED PLAT OF LOTS 40-45, BLOCK 17
SILVERBROOK ESTATES PHASE 1 AND THE AMENDED PLAT OF LOTS 50-53 BLOCK 18
OF SILVERBROOK ESTATES PHASE 1 THEREBY RESTORING THE 35 LOTS AS
PREVIOUSLY APPROVED BY THE KALISPELL CITY COUNCIL.
WHEREAS, on December 4, 2006, 93 and Church, LLC, received preliminary plat approval from the
Kalispell City Council for Phase 1 of Silverbrook Estates for 285 residential lots; and
WHEREAS, thereafter two separate final plats were approved by Council: Phase IA of Silverbrook
Estates in March, 2009 and Phase 1 in July, 2009 because all required public
infrastructure, including streets, curb, gutter, sidewalks, water and sewer mains were
constructed, approved and accepted by the City; and
WHEREAS, shortly after the above described final plats were approved the local housing market
experienced a substantial downturn as a result of the larger recession that distressed most
of the country; and
WHEREAS, because of the momentary inability to sell the platted lots which were accruing
assessment fees but not making an immediate demand for services, 93 and Church, LLC
applied for and received the agreement of the City to voluntarily amend these plats to
consolidate lots; and
WHEREAS, 93 and Church, LLC now desires to market some of the property and has applied to the
City to remove four of the amended plats that consolidated the lots together and to
reestablish 35 of the original platted lots as previously approved by the City Council; and
WHEREAS, it is in the best interests of the City that the plats over the subject city lots, with access to
city services, be amended so that the lots may be marketed, sold and contribute to the
assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION I. It is hereby resolved by the City Council of the City of Kalispell that Amended
Plat of Lots 1-16, Block 4 Silverbrook Estates Phasel, the amended Plat of Lot
172, 174-176, and 186-190 of Block 8 Silverbrook Estates Phase IA, the
Amended Plat of Lots 40-45, Block 17 Silverbrook Estates Phase 1 and the
Amended Plat of Lots 50-53 Block 18 of Silverbrook Estates Phase 1 be vacated
thus restoring the underlying 35 lots as originally approved by the city council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 5TH DAY OF MAY, 2014.
ATTEST:
Theresa White, City Clerk
Mark Johnson
Mayor
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144 Second Street East
Whitefish, Mt 59937
406-862-2386 406-862-1134 Fax
Providing a Benchmark for quality in Land Surveying Since 1978
April 11, 2014
Thomas R. Jentz, Director
City of Kalispell Planning
and Building Department
201 1st Ave. East
Kalispell, MT 59901
Tom,
APR 14 2014
On behalf of our client Howard Mann of 93 & Church, LLC, we are requesting that the
City of Kalispell vacate the following amended plats:
-Amended Plat of Lots 1-16, Block 4 Silverbrook Estates Phase 1
-Amended Plat of Lots 172, 174-176, 186-190 of Block 8 Silverbrook Estates Phase I
-Amended Plat of Lots 40-45, Block 17 Silverbrook Estates Phase 1
-Amended Plat of Lots 50-53, Block 18 Silverbrook Estates Phase 1
This will effectively return these blocks to the configuration achieved upon recording
Silverbrook Estates Phase 1 and IA.
We appreciate the City of Kalispell's effort to lesson our client's tax burden through the
down swing of the economy by allowing these aggregations. At this time, due to the
renewed increase of consumer interest, development of the project is dictating that we
return these lots to their original subdivided state in order to make them available for sale.
We thank you in advance for your cooperation and assistance with this matter.
Sincerely,
A -
Brian F. Sullivan, President
Equal Opportunity Employer
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