3. Resolution 5695 - Vacating Amended Plats - Silverbrook EstatesLow
MWA
MEMORANDUM
TO: Doug Russell, City Manager
'-\J
FROM: Tom Jentz, Director
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kafispell.com/plannin2
SUBJECT: A request by Howard Mann to vacate 15 amended plats at Silverbrook
Estates which consolidated lots together and to restore the underlying plats
that were originally approved by the city council.
MEETING DATE: November 17 — 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 IA of Silverbrook Estates in March,
2008, and Phase 1 in July, 2009. As the 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. Mr.
Mann came to the city with a concept to 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.
With improved market conditions, Mr. Mann approached the council in May 2014, and asked to
remove four of the amended plats that consolidated the lots, thus re-establishing 35 original
platted lots. Council approved his request via Resolution 5672. Mr. Mann is now requesting to
remove the other 15 amended plats that he filed to return the remaining 158 lots to their original
subdivided state.
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 and return portions of this project back to the configuration originally approved in
2008 and 2009.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
No. 5695 authorizing the request to vacate the 15 amended plats as enumerated in the Resolution.
FISCAL EFFECTS: The immediate fiscal impacts will be positive as 158 residential lots win
now be assessed property taxes and special assessments.
It' , A M�_
_ _� _
Respectfully submitted,
Tom Jentz,
Planning Director
Attachment: Letter from F & H Land Surveying, Inc., 144 2 d Street East, V;Wtefish, MT 59937
Return to:
Kalispell •
PO Box 1997
Kalispell,i9'
♦ RESOLUTION TO VACATEAMENDED R1
ATTACHEDESTATES SET FORTH ON EXHIBIT "A" HERETO THEREB
RESTORING THE LOTS DESCRIBED THEREIN AS PREVIOUSLY APPROVED B
THE KALISPELL CITY COUNCIL, I
•December i1• • and Church, LLC, received preliminary pp •
from •- for • . I of ! •• Estates • i
residential • and
WHEREAS, thereafter two separate final plats were approved by Council: Phase 1A o
SilverbrookEstatesMarch,
• and Phase I in July, 2009 because all require
public infrastructure, including streets, curb, gutter, sidewalks, water and sewe
mains were constructed, approved and accepted by the City; and I
WHEREAS, shortly after the above described final plats were approved the local housin".A�
market experienced a substantial downturn as a result of the larger recession that
distressedmost•' - • and
accruingWHEREAS, because of the momentary inability to sell the platted lots which were
assessment fees but nota • an immediatedemand • 93 and
original
WHEREAS, it is in the best interests of . plats over the subjectlots,
contributeaccess to city services, be amended so that the lots may be marketed, sold and
• the assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. It is hereby resolved by the City Council of the City of Kalispell that
Amended Plats set forth on Exhibit "A" attached hereto and fully
incorporated herein by this reference be vacated thus restoring the
underlying 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 17TH DAY OF NOVEMBER, 2014.
Mark Johnso
Mayor I
Aimee Brunckhorsl
City Clerk
-Amended - -
s Phase 1A
-Amended Plat of Lots• Block 2 SilverbrookEstates
Subsequent Amended Plat of Lot 1, Block 2 of the Amended Plat of Lots
259-271, Block 2 Silverbrook Estates Phase IA
-Amended Plat of Lots 248-258, Block 3 Silverbrook Estates Phase IA
Subsequent Amended Plat of Lot 1, Block 3 of the Amended Plat of Lots
is : Block 3 SilverbrookEstates Phase
-Amended Plat of Lots 231-247, Block 5 Silverbrook Estates Phase 1A
Subsequent Amended Plat of Lot 1, Block 5 of the Amended Plat of Lots
231-247, Block 5 Silverbrook
-Amended Plat of Lots 221-230, Block 6 Silverbrook Estates Phase IA
Subsequent Amended Plat of Lot 1, Block 6 of the Amended Plat of Lots
,; Block • Silverbrook
-Amended . of Lots• 0Block 7 Silverbrooka Phase A
-Amended Plat of Lots 177, 178180-183185, Block 9 Silverbrook Estates Phase IA
-Amended Plat of Lots 157-159,161-168,170,171 Block 11 Silverbrook Estates Phase 1A
-Amended Plat of Lots 137-142, Block 13 Silverbrook Estates Phase IA
-Amended Plat of Lots 123-128, Block 14 Silverbrook Estates Phase IA
-Amended Plat of Lots 109-120, Block 15 Silverbrook Estates Phase IA
-Amended Plat of Lots 65-72 and 74-76, Block 20 Silverbrook Estates Phase 1
-Amended Plat of Lots 77-83 and 86-89, Block 21 Silverbrook Estates Phase 1
-Amended Plat of Lots 94-97, Block 22 Silverbrook Estates Phase I
-Amended Plat of Lots 99-107, Block 23 Silverbrook Estates Phase I
F&H LAND SUR"VEYIl�TG, INC.
144 Second Street East
Whitefish, Mt 59937
406-862-2386 406-862-1134 Fax
Providing a Benchmark jor quality in Land ,Surveying Since 1978
November 6, 2014
Thomas R. Jentz, Director
City of Kalispell Planning
and Building Department
201 1 't Ave. East
Kalispell, MT 59901
Torn,
Can 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 272-286, Block 1 Silverbrook Estates Phase 1 A
-Amended Plat of Lots 259-271, Block 2 Silverbrook Estates Phase 1 A
Subsequent Amended .Plat of Lot 1, Block 2 of the Amended Plat of Lots
259-271, Block 2 Silverbrook Estates Phase 1 A
-Amended Plat of Lots 248-258, Block 3 Silverbrook Estates Phase 1A
Subsequent Amended Plat of Lot 1, Block 3 of the Amended Plat of Lots
248-258, Block 3 Silverbrook Estates Phase IA
-Amended Plat of Lots 231-247, Block 5 Silverbrook Estates Phase 1 A
Subsequent Amended Plat of Lot 1, Block 5 of the Amended Plat of Lots
231-247, Block 5 Silverbrook Estates Phase IA
-Amended Plat of Lots 221-230, Block 6 Silverbrook Estates Phase 1 A
Subsequent Amended Plat of Lot 1, Block 6 of the Amended Plat of Lots
221-23 0, Block 6 Silverbrook Estates Phase 1 A
-Amended Plat of Lots 191-220, Block 7 Silverbrook Estates Phase 1 A
-Amended Plat of Lots 177, 1781180-183, 185, Block 9 Silverbrook Estates Phase IA
-Amended Plat of Lots 157-159,161-168,170,171 Block 11 Silverbrook Estates Phase 1 A
-Amended Plat of Lots 13 7-142, Block 13 Silverbrook Estates Phase IA
-Amended Plat of Lots 123 -128, Block 14 Silverbrook Estates Phase 1 A
-Amended Plat of Lots 109-120, Block 15 Silverbrook Estates Phase IA
-Amended Plat of Lots 65-72 and 74-76, Block 20 Silverbrook Estates Phase 1
-Amended Plat of Lots 77-83 and 86-89, Block 21 Silverbrook Estates Phase 1
-Amended Plat of Lots 94-97, Block 22 Silverbrook Estates Phase 1
-Amended Plat of Lots 99-107, Block 23 Silverbrook Estates Phase 1
Equal Opportunity Employer
i his will effectively return these blocks to the configuration achieved upon recording
Silverbrook Estates Phase I and IA and will return 158 lots to their original subdivided
ttebdiio(paI d tthoinal ubdivdesa. This will return theentire suvinhsesnIA)o gid
state.
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 ornal subdivided state in order to make them available for sale.
We thank you in advance for your cooperation and assistance with this matter.
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