HomeMy WebLinkAbout08-09-17 Public Comment - C. Phillips - Development Around Failing IntersectionsFrom:Clint Phillips
To:Agenda
Cc:Kevin Hubley; Mike Williams
Subject:[SENDER UNVERIFIED]Intersection Level of Service Comments for 8/28/17 Commission Meeting
Date:Wednesday, August 09, 2017 3:01:23 PM
City Staff and Commissioners,
We are writing to propose changes to Bozeman Municipal Code Section 38.24-060.B.4, pursuant to
the Commission’s planned discussion of this matter at its August 28 meeting.
As background, we have previously informed all Commissioners and a number of City staff that Kevin
Hubley, Mike Williams and I formed an LLC and purchased a lot at 1247 Stoneridge Drive in March of
2017, in hopes of constructing new office space for our growing accounting firm by the end of the
year. The City has indicated that our project cannot proceed until some indeterminable date in the
future, because the code section in question prohibits (with very limited exceptions) commercial
development within half a mile of arterial and collector street intersections operating below a C
Level of Service, a category which our building fits due to its proximity to the intersection of W. Oak
and N. 27th.
While we acknowledge the City’s need to consider the impact that development may have on
streets, services, etc., we also believe that the blanket application of this policy, regardless of a
project’s size, location in relation to completed buildings within the project’s larger development,
likely effect on the intersection in question, and other variables, unduly and unnecessarily stifles
growth within the City.
We think it unreasonable that this policy applies to our proposed 25-person building in a largely
completed development that most would access without driving through the problem intersection in
the same manner that it would to a large apartment complex or an entirely new business park
located directly on the intersection. We furthermore believe that the policy in our case produces a
result that flies in the face of the notion that the City cares anything about prioritizing infill to limit
sprawl and concentrate growth in the most suitable parts of town. Lastly, we find it difficult to
understand why the City, which purportedly wants and needs more revenue, would allow a policy
which unnecessarily delays the receipt of additional impact fees and property taxes from what City
personnel have indicated are dozens of affected projects throughout Bozeman.
With these things in mind, we suggest the following as possible revisions for the existing policy:
An exemption for proposed projects that are below a certain size. For instance, if the code
would require fewer than 35 parking spaces, the Level of Service restriction would not apply.
An exemption whereby a project can proceed if the owner can demonstrate through a traffic
study (at the owner’s expense) that the anticipated impact on the problem intersection will
likely fall below some threshold number of trips through the intersection per day.
City staff could be instructed to enforce the policy only on projects that fell within a half a
mile of driving distance of overburdened intersections, rather than a half mile radius.
An exemption for infill projects within a larger commercial development where more than
half of the approved lots or pad sites have completed buildings.
An exemption for infill projects within a larger commercial development that is more than five
years old.
A reduction to the policy’s current radial distance from problem intersections, perhaps to a
third of a mile.
A scoring system that looks at several factors (infill considerations, distance from and
projected impact on the problem intersection, and size of the project, for example), and
allows proposed buildings that reach some cumulative score to proceed.
We look forward to continuing to work with you toward a resolution to this issue.
Clint Phillips, CPA
clint@hpwcpas.com
www.hpwcpas.com
1934 Stadium Drive. Ste. A.
Bozeman, MT 59715
P: 406-586-0281
F: 406-586-7521
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