HomeMy WebLinkAbout08-23-17 Public Comment - C. Phillips - Development Around Failing IntersectionsFrom:Chris Mehl
To:Agenda
Subject:FW: August 28 Meeting RE BMC 38.24-060.B.4
Date:Wednesday, August 23, 2017 11:14:57 AM
Chris Mehl
Bozeman City Commission
cmehl@bozeman.net
406.581.4992
________________________________________
From: Clint Phillips [clint@hpwcpas.com]
Sent: Wednesday, August 23, 2017 10:48 AM
To: Cyndy Andrus; Jeff Krauss; Chris Mehl; I-Ho Pomeroy; Carson Taylor
Cc: Mike Williams; Kevin Hubley
Subject: [SENDER UNVERIFIED]August 28 Meeting RE BMC 38.24-060.B.4
Commissioners,
We believe all of you have previously seen the portions of this email that we sent to
agenda@bozeman.net<mailto:agenda@bozeman.net> two weeks ago, but we wanted to again bring our thoughts to
your attention leading up to the next commission meeting.
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
[HPW_5957_Logo_CMYK.jpg]
www.hpwcpas.com
1934 Stadium Drive. Ste. A.
Bozeman, MT 59715
P: 406-586-0281
F: 406-586-7521
The highest compliment we can receive is the referral of your friends and business associates. Thank you for your
trust!
CONFIDENTIALITY NOTICE: The information contained in this transmission contains confidential information
belonging to the sender, which is legally privileged. The information is intended only for the use of the individual or
entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying,
distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you
have received this information in error, please immediately notify us by replying to this message.