Jentz to Padilla/Follow-upCity of Kalispell
Planning Department
17 - 2nd Street East, Suite 211. Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
August 7, 2007
Vince Padilla
DEV Properties, LLC
723 5t' Avenue East
Kalispell, MT 59901
Re: Eastside Brick
Dear Vince:
This letter is a follow-up to recent discussions my staff has had with you about neighborhood
complaints fielded by our office. In addition to those neighborhood complaints, several council
members have also raised concerns and directed this office to contact you. Upon a review of the
East Side Brick site, several of those complaints appear to have some merit. I would like to
address several of the concern below and accordingly direct your attention to resolving them
First, there is an RV parked on the north side of the site being used for residential purposes.
While our October 17, 2005 letter viewed a "watchman" purpose as acceptable for seasonal use,
it specifically states that it would be "unsuitable for full time living quarters." In addition, it
limited the use to temporary employee housing for up to four workers, not to family housing.
The letter also was based on the understanding that any building code issues be addressed and
utility fees be paid. Although building codes may or may not apply, after discussing the matter
with Public Works, it does not appear that any utility connection fees were paid We also
expressly reserved "... the right to review the situation from time to time for compliance ...."
it appears that the use of RVs/trailers on the property has expanded beyond the initial scope to a
full residential use, with one or more families residing there. Such use clearly exceeds the level
which was previously represented. Furthermore, the phasing required under the PUD implicitly
placed a limited time frame on the watchman -type use. Therefore, we must ask you to
immediately cease the residential use of the RV/trailer.
Second, we have received complaints and staff has observed vehicles parked on the landscape
boulevard between the curb and the sidewalk. Please note that parking in the landscape
boulevard anywhere on site is not permitted under city ordinances and should cease
immediately.
Thirdly, your property continues to exhibit a general exterior appearance of disorder and blight.
Less than a year ago the city manager addressed these issues with you and for a while the site
improved. I fear, the site is now slipping backwards into a state of disarray. For example, a toilet
was observed sitting in the middle of the sidewalk on the south side of the building. Beside it are
stacks of broken pipe and various bundles of building materials amidst weeds. There are pallets
of brick scattered around the west side of the building. The list goes on as one tours your
property. This all adds to the creation of significant neighborhood blight. Construction debris is
acceptable on any project for a short period of time. This project, however, is many seasons into
the process and is unacceptable. Please clean up the project grounds within 7 days of receipt
of this letter ( by August 16, 2007). Note that school will be starting soon and again many
children will be in this area. Building materials, both new and old should be stacked and
secured internal to the site either indoors or for example if outside storage is necessitated
within the confines of the east side building wings of the complex.
Finally, the phasing schedule for the project required under the PUD called for most of the
exterior work on the building to be completed during 2005, with initial landscaping and parking
lot preparation to be completed by December 2006. Interior trim -outs and finalization of the
parking lot, landscaping, and other site improvements are to be completed by December 2007. It
does not appear that the Phase 1 exterior work has been completed and that you could be up to a
year or more behind schedule. Your completion date is July 1, 2008. Would you please
provide an updated completion schedule. If it is in general keeping with the original approval
schedule, we will file it with your application materials. However, if you will exceed your
original completion date, it may be advisable to go back before council to request an amendment
to your PUD to protect your investment. Any timetable should focus on completing exterior
work on the building and the site; the exterior appearance of the building and property is the
primary focus of the complaints we have received.
In closing, please let me know if you have any questions or if there is anything in this letter you
do not understand. On behalf of the city, we want your project to be successful, however, we
ask your cooperation to be better stewards of your site.
Sincerely,
Tom Jentz
Director
Cc: Jim Patrick, Kalispell City Manager