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Commission approves transfer of Silverback Landing phase 1 development agreement pending sale
Summary
The commission voted to approve assignment of the Phase 1 Rural Housing Incentive District (RHID) development agreement from P and L Development LLC to Silverback Landing LLC, contingent on a planned closing. Residents asked for clarification about lot ownership, nonprofit status and which properties are included.
The Pittsburg City Commission on Sept. 23 approved an assignment of the Phase 1 development agreement for the Silverback Landing project, transferring the Rural Housing Incentive District (RHID) contract from P and L Development LLC to Silverback Landing LLC contingent on the sale closing.
City staff told commissioners the RHID agreement was established on Sept. 25, 2018, and that the assignment before the commission would substitute the new owner in the agreement without changing the underlying terms. Kim (city staff) said, “All we're asking for tonight is just approval of the transfer of ownership at the closing of the sale to a new owner which is Silverback Landing LLC.” Staff said that if the sale does not close the assignment action would be null and void.
During public comment and commission discussion, resident Christie Bittner raised multiple questions about the development’s history, which properties are included in the sale and whether the incoming owner is a nonprofit. Commissioners and staff clarified that the RHID covers all Phase 1 properties regardless of individual house ownership and that the RHID incentive is tied to the property within the district rather than the private owner of any specific lot. Staff said four houses appear to be excluded from the sale contract (staff uncertain whether it is four or five) and that ownership of completed houses does not remove them from the RHID.
Commissioners also discussed governance structure: city staff said Point Forward, a 501(c)(3) nonprofit, is the sole member of Silverback Landing LLC, so the LLC’s member organization is a not-for-profit entity. City staff and commissioners said future phases would require separate RHID actions and would return to the commission for review.
The commission approved the assignment by voice vote; the motion was made with the understanding that the document would be executed at the closing (reported by staff as scheduled for Sept. 26). A commissioner suggested homeowners and interested residents contact city staff or the new owner after closing for additional detail.
Residents who spoke requested the city post planning and zoning meeting records on the city website and asked that all development obligations recorded in the original agreement be enforced going forward.
