HomeMy WebLinkAbout01-06-26 Public Comment - D. Carty - City Commission Meeting, 1-6-26_ Return max building height to 70 feet in B-3From:Daniel Carty
To:Bozeman Public Comment
Subject:[EXTERNAL]City Commission Meeting, 1-6-26: Return max building height to 70 feet in B-3
Date:Monday, January 5, 2026 7:07:52 PM
Attachments:M-Osman_BDC-GuestColumn_1-3-26.pdf
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(Please distribute the following public comment to the City Commission in time for their
Tuesday, January 6, 6pm, meeting. Thank you.)
January 5, 2026; 7:10 p.m.
Dear Bozeman City Commission:
I am writing to ask the Commission to vote to return the maximum allowable building heightin B-3 to 70 feet and to make this decision before February 1, 2026 (when the UDC update
is scheduled to take effect).
Also, I am writing to express my agreement with the January 3, 2026, Bozeman DailyChronicle (BDC) Guest Column titled City Commission’s Multi-million $$$ Xmas Gift to Out-
of-town Developers (pdf attached). This BDC guest column references the Commission'sDecember 16, 2025, 4-to-1 vote (Commissioner Jennifer Madgic voted NO) to increase the
maximum allowable building height in B-3 from 70 feet to 90 feet by right.
It is fiscal common sense that the City should only allow buildings in B-3 to go from 70 feetto 90 feet in exchange for a much-needed community benefit. In fact, the City should only
allow an "extra" 20 feet of building height in B-3 if a developer uses the City's AffordableHousing Ordinance to provide an acceptable percentage of onsite, deed-restricted,
affordable housing units or pays the equivalent in cash-in-lieu of affordable housing. If theCity does not get actual, onsite affordable housing units or the equivalent in cash to go from
70 feet to 90 feet in B-3, then the City will be losing millions of dollars in much-neededaffordable housing—which is clearly fiscally irresponsible on the City's part.
Consequently—before February 1, 2026—I am asking the Commission to vote to return the
maximum allowable building height in B-3 to 70 feet. Returning the maximum allowablebuilding height in B-3 to 70 feet before February 1, 2026, will ensure that developers
provide a much-needed community benefit in exchange for building to 90 feet.
Daniel Carty
213 N. 3rd Ave
Bozeman, MT 59715
https://www.bozemandailychronicle.com/opinions/guest_columnists/michelle-osman-city-commission-s-
multi-million-xmas-gift-to-out-of-town-developers/article_c47a7fb9-a7a4-4694-b92f-4140f279b8e8.html
Michelle Osman: City Commissionʼs multi-million $$$ Xmas
gift to out-of-town developers
Michelle Osman Guest columnist
Jan 3, 2026
The City Commission just approved a multi-million-dollar Christmas gift for drive-by,
hit-and-run developers.
On Dec. 16, four of five commissioners (Jennifer Madgic objected) voted to increase the
current 70-foot building height limit to 90 feet in the B-3 zone surrounding our historic
town core. Other cities such as Charleston, S.C., Burlington, Vt., Boulder, Colo., Old
Town Alexandria, Va., Jackson, Wyo., Aspen, Colo., and many others protect their
historic districts with much lower height limits ranging from 30 to 50 feet.
The Bozeman City Commissionʼs decision to increase heights to 90 feet is two or three
times the height allowed in these other historic districts. These increased building
heights could be further increased by another two stories (30 feet) under the cityʼs
affordable housing incentives resulting in 9- to 11-story buildings 120 feet tall.
1/3/26, 5:59 AM Michelle Osman: City Commission’s multi-million $$$ Xmas gift to out-of-town developers | Guest Columnists | bozemandailychronicl…
https://www.bozemandailychronicle.com/opinions/guest_columnists/michelle-osman-city-commission-s-multi-million-xmas-gift-to-out-of-town-developer…1/4
One downtown project, by an out-of-state developer, received site plan approval under
the current 70-foot limit, and purchased an extra story by agreeing to pay the $1 million
cash-in-lieu of affordable housing price tag recommended by city consultantsʼ Economic
and Planning Systems (EPS). This is proof that the affordable housing ordinance
incentives were working.
Now that developer can simply submit an amended site plan application to get the extra
story for free, and the city gets no money for affordable housing.
The proposed six-story hotel on East Mendenhall has city site plan approval at 70 feet
along with concessions on Bozeman Creek setbacks. How long after the Feb. 1 effective
date for the new development code will this developer wait to apply for an amended site
plan and receive his extra height for free?
Based on the consultantʼs study, this is a $1-2 million stocking stuffer for this developer!
Merry Christmas indeed.
Similarly, the New York development group seeking to build a massive project along
South Wallace and East Main by redeveloping the Empire Warehouse site will enjoy this
Christmas windfall as well. This is the group who tried to get our public library to agree
to a 150-year easement on height to protect their view to the east, while their own
massive structure would block eastern views for everyone else in downtown Bozeman.
1/3/26, 5:59 AM Michelle Osman: City Commission’s multi-million $$$ Xmas gift to out-of-town developers | Guest Columnists | bozemandailychronicl…
https://www.bozemandailychronicle.com/opinions/guest_columnists/michelle-osman-city-commission-s-multi-million-xmas-gift-to-out-of-town-developer…2/4
The Commissionʼs decision grants them two more floors for free and possibly up to four
floors with the affordable housing incentives. Another multi-million-dollar gift to out-of-
town developers.
There are multiple other pending projects waiting to file amended site plan applications
based on this Christmas gift.
While the commissioners all agreed that this height issue required much closer
examination, they decided to “kick the can down the road” for future deliberations. But
instead of preserving the existing status quo of 70 feet, they decided to grant increased
heights to 90 feet and review later.
Basically, passing the bill to find out what is in the bill, and ignoring their
responsibilities as stewards of our historic downtown. How many swings of the axe does
it take to kill the golden goose?
Last fall, the City Commission happily agreed to reconsider and reverse its initial denial
of the East Mendenhall hotel project in order to give that developer setback reductions
along Bozeman Creek. Itʼs worth noting that this developer didnʼt have to pay the appeal
fee to get a second hearing, unlike some neighborhoods, such as midtown when they
appealed the Guthrie.
In similar fashion, the City Commission needs to immediately meet to reconsider and
reverse its decision to increase the B-3 height limit and restore it back to its current
status quo of 70 feet before the new UDC goes into effect Feb. 1.
The building height issue has much greater, far reaching, and irrevocable impacts on
our downtown and our entire Bozeman community.
Michelle Osman is interim chair of the Better Bozeman Coalition.
1/3/26, 5:59 AM Michelle Osman: City Commission’s multi-million $$$ Xmas gift to out-of-town developers | Guest Columnists | bozemandailychronicl…
https://www.bozemandailychronicle.com/opinions/guest_columnists/michelle-osman-city-commission-s-multi-million-xmas-gift-to-out-of-town-developer…3/4
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