HomeMy WebLinkAbout01-22-26 Public Comment - M. Bateson - B3 building height limitFrom:Mary Bateson
To:Emma Bode; Bozeman Public Comment
Subject:[EXTERNAL]Re: B3 building height limit
Date:Wednesday, January 21, 2026 2:02:10 PM
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Dear Commissioner Emma Bode,
I am writing to comment further on your December 16, 2025, vote to increase the
maximum building height limit from 70 feet to 90 feet in B-3.
I have two questions that I ask you to respond to by January 26, 2026, and I have one
request that I ask you to act on by January 27, 2026:
My first question: What are your reasons for not invoking the City’s Affordable
Housing Ordinance (AHO) to obtain either onsite affordable housing or cash in lieu of
affordable housing in exchange for allowing building height to be increased from 70
feet to 90 feet in B-3? Please explain in writing.
My second question: Why do you believe the increased height allowance is a
benefit to Bozeman? Please explain in writing.
My request: At a Zoom UDC Info Session on January 13, 2026, I asked, “Is
there a process for pausing the increased height allowance from 70 ft to 90 ft in B-3
zones?" Chris Saunders answered, “The only way they could change that is to restart
a code process to amend the code…” Please begin this process at the January 27,
2026, Commission meeting. Please let Bozeman retain the 70-foot height limit in B-3
zones.
The adverse effects of such tall buildings on cities and their residents are well known
and include blocking sunlight; trapping air pollution (canyon effect); increasing wind
turbulence; exacerbating urban heat islands; contributing to noise; disrupting
pedestrian life with congestion; straining infrastructure; causing social isolation; and
causing other human health problems due to lack of greenery. Moreover, such tall
buildings increase energy consumption during construction, and after construction
they create logistical challenges during emergencies—not to mention continuing to
degrade Bozeman’s downtown historical character and sense of place.
Thank you for answering my questions and acting on my request.
Sincerely, Mary Bateson, Bozeman resident
On Wed, Jan 7, 2026 at 2:48ௗPM Mary Bateson <mbateson5@gmail.com> wrote:
1/7/2026
Dear Mayor Joey Morrison, Deputy Mayor Douglas Fisher, Commissioners Emma Bode,
Jennifer Madgic and Alison Sweeney, and City Manager Chuck Winn,
I applaud that you kept the height limit in the UDC to 70 ft. on December 2, 2025,
responding to the overwhelming testimony concerning the detrimental effects of taller
buildings on our environment and neighborhoods, and maintaining the incentive for actual
Affordable Housing or Cash in lieu. This is exactly the kind of “legislation from the dais” that
is necessary. Although I am disappointed and sad about it, I can also see why you flipped
this decision on Dec. 16. You were convinced that this “change” was made in haste.
However, I see that the Dec 2nd decision was not hasty, but the Dec 16th flip was.
During the UDC update process, there were multiple assurances made by commissioners
and city staff that the UDC document was just a draft, it could be changed, and that the
process would be allowed all the time needed. This last year I was unaware that the draft
height limit for buildings in B3 zones in Bozeman was set to 90 ft. I am so sorry that I had
not made myself aware of this, or I would have spoken sooner about this topic using the
specific height measurement and rules, rather than just expressing distaste for the tall
buildings popping up around me.
Often heard in the engagement period was that there would be “no sudden moves.” With
discussion on Dec. 2, the coherent, logical path was followed and the decision was made to
remain with the status quo of the effective UDC, with a 70-foot height restriction in B3. This
was not a move. It was maintaining the status quo i.e., the existing state of affairs. Then
suddenly, in only two weeks your decision was flipped, and we got the increase to 90 feet,
because that was hiding quietly in the DRAFT UDC. One can see the increase to 90 ft. as the
sudden move, from status quo to change.
However the perception of events is painted, now the UDC is not a draft, it has been
adopted, and is being finalized. I humbly request that the City Commission
reconsider the height limit in B3 zones in the UDC. What is the process to get
this issue revisited? Please do this as soon as possible, before the change to
a 90-foot height limit goes into effect Feb 1, 2026.
Below are some of my concerns specifically about the increased height limit to 90 feet:
1) AFFORDABLE HOUSING SUPPORT. This increase in the height limits for buildings
in the B3 zones removes the incentive contained in the Affordable Housing
Ordinance for adding extra height to projects that would do so to either provide
affordable housing in the structure itself, or provide Cash in lieu so that the city can
support Affordable housing projects elsewhere. It seems so inconceivable to me
that commissioners who campaigned on the platform of encouraging affordable
housing in our community would turn their backs on this issue.
2) CITY LIABILITY. If the new City Commission does not remedy this before the Feb.
1 2026 deadline, once the 90-foot limit is in place, if the commission reverses this
decision after this, then the part of the development community that has been
screaming for this height increase will come back on city taxpayers in full force,
demanding that they be reimbursed for the “taking” of their potential profits due to
what would then really be a reduction in height. Remember, it is NOT a REDUCTION
at this point. It is the status quo, ie. “not a sudden move.”
These are concerns about tall buildings in general as seen through my own eyes:
3) TREES I object to removal of older mature trees to make way for new
construction, i.e. on Lamme between Tracy and Wilson for a new hotel as part of the
North Central project. There is one large mature Douglas Fir on N Tracy Ave. next to
the Henry that has not yet been removed. I understand that the site plans for North
Central include its destruction. This is an example of a healthy tree that does not
need to have its life cut short for another tall building. In general, it seems that there
is less space allowed for newly planted trees to grow and thrive. This is not good for
our planet.
4) HEAT Large buildings collect heat and cannot be shaded by small trees or even
large trees that are not also 90 ft tall. We are all experiencing this changing climate.
Any human activity that increases the problem of warming should be avoided. Even
years ago, I rode my bike home from work at MSU on hot days, I was cool and
comfortable through the trees of the Bon Ton neighborhood, and then hit the spot
between Babcock and Main and felt the wall of heat as I passed by, until I got back
into some trees near my home. Heat islands are real; we do not want more of them.
5) SOUND I used to hear church bells ringing from several of the churches south of
Main Street. No longer. Now that the bank of tall buildings is in place, that sound
does not carry. The Osbourne (Regus), AC Hotel, The Element, The Henry, The Ives,
and One11 are all in the way. These will be joined by the Hotel Bozeman and several
others planned for the North Central. However, I still hear the coal trains running. It
seems the volume has been amplified since the wall of tall buildings is reflecting the
noise back toward my house.
6) COMMUNITY So far, the tall buildings surrounding me appear to be only partially
occupied, probably by people who can afford these luxury accommodations for their
second or third dwelling spaces. A person who only visits or lives very part time in a
place rarely contributes much to the sense of community.
I hope that you will take my concerns seriously when making decisions that impact citizens
of Bozeman. I hope that my continued participation is helpful. Thank you so much for
listening to me and the Bozeman community.
Sincerely,
Mary Bateson, 427 N Tracy Ave. Bozeman, MT 59715
For fun, I include the "comment" from the Jan 6, 2026 commission meeting:
Mary Bateson, Northside Bozeman Neighbor, addressing you with all due respect after
three weeks ago I heard our then Deputy Mayor say “I’m not afraid of tall buildings.”
Before I begin, my apologies to Theodor Geisel, better known as Dr. Suess.
I speak this to you so please lend an ear
I will thank you for your kindness here.
I fear tall buildings, yes I do. Think about it, you might too
South of Main when church bells ring
I can no longer hear them sing
To the North of me where the coal trains haul
This loud noise bounces off the tall building wall
This situation makes me blue
So I share my concern with you
I wish that I could make you see. To fear tall buildings, is not just me
They tower over, block the view
Stop the trees from thriving too
They trap the sunshine in their brick
Making heat a meaner trick
Not even filled with rich part-timers
And various other social climbers
I fear tall buildings, yes I do. Think about it, you might too
You voted to decrease the height
Opposition fought with greed and might
90 Feet - hiding in the UDC draft
But really 90 feet sounds just daft
When can that change then, I might ask?
Is the town of Bozeman up to the task?
I wish that I could make you see. To fear tall buildings, is not just me
Provide affordable housing! So we say
But the 90 ft allowance gives that away
No longer with incentive there
It takes away your thoughtful care
How can one be so blind?
To leave that support behind?
I wish that I could make you see. Don’t give away tall buildings here for free
Thank you all for listening
Let’s get together and fix this thing
I know you can’t respond to me
In the meantime, I’ll go hug a tree