HomeMy WebLinkAbout02-18-26 Public Comment - M. Bateson - Re_Re_ Following up on our B3 discussion From: Mary Bateson
To: Douglas Fischer; Bozeman Public Comment
Cc: Joey Morrison;Emma Bode;Jennifer Madgic;Alison Sweeney;Joey Morrison;Chuck Winn
Subject: Re: [EXTERNAL]Re: Following up on our 133 discussion
Date: Wednesday,February 18,2026 10:59:20 AM
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Dear Deputy Mayor Douglas Fischer,
I very much appreciate your continued willingness to discuss the issue of the height
requirements in B-3 zones. I watched your comments at the February 17, 2026, DURB
(Downtown Urban Development Board) meeting. Thank you for asking how we know what
the appropriate height is, and how will we know in 6 months? Should it be 60 ft? Should it be
70 ft? Should it be 90 ft ? I don't have a marker to say, oh it should be this one because, I
don't know what success looks like. (paraphrasing your words).
Jake Van Dusen answered that he didn't think there is going to be a barometer that you'll be
able to put definitively to say this is the metric and anything above this line is success and
anything below this line is not. He did not think 6 months is long enough to see what it does
to the community long term. He went on to say "So I think it is an appropriate amount of time
to receive enough feedback from the community, that did we miss something that the
community wanted differently than we thought..."
I hope that you take Jake's words to heart, and consider that the commission almost took the
community's opinion on this matter to the UDC, but did not quite do that. Something was
missed.
So once again, I ask that the City Commission consider adding the discussion of the height limit
in B-3 zones on an agenda within the 4-month window you initially spoke of on December 16,
2025.
This is a very important detail of our development code. You have heard me speak and read
my letters concerning this issue, and I thank you for that. Please consider making good on
your word to have this discussion before we get more tall buildings that can ruin Bozeman's
historic character — which could make Bozeman a less desirable tourist destination and thus
decrease economic vitality — before we lose a single dollar of Affordable Housing support,
before another shadow is cast on our landscape. Having a stricter limit is the best position
from which to see how this works.
Sincerely, Mary Bateson, Bozeman resident
CC: Mayor Joey Morrison, Commissioners Emma Bode, Jennifer Madgic and Alison Sweeney,
City Manager Chuck Winn
On Thu, Feb 12, 2026 at 8:21 AM Mary Bateson<mbateson5na umail.com>wrote:
Dear Deputy Mayor Douglas Fischer,
Thank you for commenting in response to the oral comment of February 10 at the City
Commission. I was not present when you spoke, but prepared this transcript of your speech
from the meeting video that I watched in days following the meeting:
Douglas Fischer comment Feb 10, 2026: 1 just wanted to briefly respond to Ms.
Bateson's and Mr. Carty's comment, you know, about the B-3 and, you know, my note to
them. Just, I, 1 have talked to you guys or, you know, my fellow commissioners here
about how, how we can follow up, I guess, to this, to the big revision that we made to
the UDC. It is, I believe, one of our-- we have not approved or officially approved our
priorities but it is on there to follow up and, and, you know --I do think we it would be
worthwhile to kind of look at a number of different things, you know, as as but I also
think we need to give staff time and we need to give this the ordinance time to let our
planners, let our builders, let our community see how this works before we start making
changes to it yet. And so that's why I do think I would like to collect items in a basket and
then look at that basket. But I just I think um, you know one of the things that I stressed
is that we need to give some time for that ordinance to go into effect and see how it
works on the ground."
I am wondering if you would like to edit, revise or expand on your statement. I very much
appreciate your continued willingness to converse about the issue of the height
requirements in B-3 zones. I know that this discussion has come at a time that was probably
quite difficult for you and I want you to know my sympathies are with you.
Sincerely,
Mary Bateson, Bozeman Resident
On Tue, Feb 10, 2026 at 8:59 PM Mary Bateson<mbateson5&gma11.com>wrote:
Dear City Commission Members and Bozeman Public Comment,
I spoke to the City Commission on February 10, 2026 about the height limit in the B-3
zones in Bozeman.
I listened to the December 16 City Commission meeting video, and heard Douglas Fischer
saying that a larger, thoughtful, deliberate discussion of this issue is needed. I completely
agree.
I would like to thank Douglas Fischer for the email of January 15 (below), where he stated
that "I have suggested to my fellow commissioners that we give staff four months to work
with the UDC as-is. As staff (and the public) encounter sticking points or problems, I
suggest we put those aside in a basket that we then take up and examine. We already
have a few items in that basket now: Transitions and this B3 discussion."
I was there to request that the B-3 discussion be added as an agenda item on a city
commission meeting as soon as possible. Because the B-3 discussion is already "in that
basket," I would hope that a meeting to discuss it could be added to the commission's
agenda as soon as legally and logistically possible.
Deputy Mayor Fischer and I agree on his statement in a Jan 23 email that "buildings, once
constructed, are lasting." He goes on to say "That permanence is precisely why I am
cautious about making abrupt changes under deadline pressure. Both 70-foot and 90-foot
buildings shape the city for decades; the question is which set of tradeoffs we are
prepared to accept, and how intentionally we make that choice."
This is why I request that the thoughtful and deliberate discussion happen as soon as
possible, certainly within the suggested 4-month window, but preferably sooner.
Thank you so much for your continued attention to this matter.
Sincerely, Mary Bateson, Bozeman resident
On Fri, Jan 23, 2026 at 4:56 PM Douglas Fischer<Douglas.Fischer&bozemanmt.gov>
wrote:
Dear Mary (and all),
Thank you for the thoughtful follow-up and for laying out your concerns so clearly. I
appreciate your continued engagement on this issue.
You asked for further explanation of the reasoning behind my position. I'll try to be
clear and concise.
At a high level, my support for the current B3 height limit rests on three considerations.
First, I believe downtown is the most appropriate place for Bozeman to accommodate
growth. Concentrating development where infrastructure already exists reduces pressure
to sprawl outward, supports local businesses, and helps maintain activity and vitality in
the city center. In that context, modest additional height is one of the few tools available
to absorb growth without expanding the city's footprint.
Second, I weighed competing claims about the impacts of additional height. I take
seriously the concerns you raise about sunlight, wind, scale, and sense of place. I also
hear from planning professionals and practitioners that a 90 foot limit—when paired
with other changes to the UDC—does not inevitably produce the harms that are often
associated with much taller or more uniform high-rise development. Faced with these
differing expert opinions, my judgment is that the risks are real but not as certain or
harmful as they are sometimes framed.
Third,process matters. The 90-foot limit emerged from a long and public drafting
process for the UDC, informed by staff analysis and advisory board review. Reversing
that decision on the eve of implementation would substitute a last-minute Commission
judgment for a more deliberative public process—and I am convinced that is a poor way
to make policy.
You are right that buildings, once constructed, are lasting. That permanence is precisely
why I am cautious about making abrupt changes under deadline pressure. Both 70-foot
and 90-foot buildings shape the city for decades; the question is which set of tradeoffs
we are prepared to accept, and how intentionally we make that choice.
I have encouraged staff to track how the code functions in practice and to surface issues
that merit adjustment—including height and transitions. If problems emerge, I expect us
to address them through the same public, advisory-driven process that produced the
UDC in the first place.
I respect that you and I may ultimately disagree on where the appropriate line should be
drawn. I appreciate the seriousness with which you approach this question, and I remain
committed to continued public engagement as we evaluate how the new code performs.
Best,
Douglas
Douglas Fischer I Deputy Mayor
Bozeman City Commission
121 N. Rouse St.
Bozeman, MT 59715
On Jan 19, 2026, at 5:25 PM, Mary Bateson<mbateson5na umail.com>
wrote:
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Dear Deputy Mayor Douglas Fisher,
I have read and reread your email of Jan 15. 2026, and I would like to
engage further. Below I include the passages from your email (DF), and
my comments and questions (MB) about what you have said.
(1) Governance
DF - "I would suggest that neither I nor the City Commission is well-
positioned to resolve disputes like this at the 11 th hour from the dais."
MB -The City Commission is uniquely positioned to resolve these
disputes. It is the job of the City Commission to do so.
(2) Reasons
DF -"...there are many compelling reasons for a taller limit— as well
as evidence and arguments that suggest the risks may be less severe
or less certain than they are sometimes framed.
The 90-foot limit was reviewed by various experts and stakeholders —
from staff to downtown associations to the Community Development
Board — before the prior Commission switched it at the last minute,
and then switched it back. That review did not produce unanimity, but
it did surface tradeoffs
From my conversations with staff and others, I don't think our town's
heritage or our ability to secure meaningful resources for affordability
is at dire risk. I also feel recent public discussion has discounted the
many benefits of that extra height that led to the current limit."
MB - I would like to hear the reasons that have influenced your decision.
I do not see these reasons explained here, just your statements that
reasons exist.
(3) "See how it works"
DF - "I want to be clear: after such consideration, I do not support
rolling the B3 height limit back to 70 feet at this time. ...We owe that
process and the community time to see how it works. ...I have
suggested to my fellow commissioners that we give staff four months
to work with the UDC as-is. As staff (and the public) encounter
sticking points or problems, I suggest we put those aside in a basket
that we then take up and examine. We already have a few items in
that basket now: Transitions and this B3 discussion. Once we have a
better picture, we can prioritize and chart a path."
MB - Seeing how a 90-foot building works is an experiment that cannot
be retracted. Once we see that "it does not work," we must live with the
90-foot building and its consequences, whether positive or negative.
Better to have a real conversation about it before the buildings go up. It
is especially important to have the discussion on what codes are in place
before the MLUPA rules change the way in which development projects
are reviewed, which will virtually eliminate substantive public involvement.
Thank you for engaging with me and others (who are included on this
reply) on this issue. I look forward to further explanation, and I hope that
you are willing to reconsider your position.
Sincerely,
Mary Bateson, Bozeman resident
On Thu, Jan 15, 2026 at 3:53 PM Douglas Fischer
<Douglas.Fischer(&,,bozemanmt.gov>wrote:
Dear Jim, Daniel, David, John, Linda, Mark, Mary, and Zehra,
Thank you again for taking time out of your Saturday to meet with Jen and me
and share your concerns about the 90-foot height limit in the B3 zoning
district.
I heard several serious and urgent concerns from all of you—namely that we
risk the livability, culture and history of our town with a 90-foot limit,rather
than 70 feet; and that we are foregoing millions of dollars in affordable
housing revenue by allowing the extra 20 feet by right.
You have asked me to consider these carefully, discuss with my fellow
Commissioners, and roll the B3 height limit back to 70 feet while we further
debate the plusses and minuses of tall buildings downtown.
I have had a number of conversations with stakeholders both for and against
this, as well as with staff and my fellow commissioners. I want to be clear:
after such consideration, I do not support rolling the B3 height limit back to 70
feet at this time.
First, as you have shown, this is a complex issue with significant consequences
on both sides. While you have made compelling arguments for a shorter limit,
there are many compelling reasons for a taller limit—as well as evidence and
arguments that suggest the risks may be less severe or less certain than they are
sometimes framed.
Second, I would suggest that neither I nor the City Commission is well-
positioned to resolve disputes like this at the I Ith hour from the dais. We have
learned, time and again, that complex land-use questions are rarely well-served
by last-minute decisions from the dais.
The 90-foot limit was reviewed by various experts and stakeholders—from
staff to downtown associations to the Community Development Board—
before the prior Commission switched it at the last minute, and then switched
it back. That review did not produce unanimity,but it did surface tradeoffs that
deserve more than an up-or-down vote under deadline pressure.
Several of you were present this Tuesday evening as the Commission
considered the College St. renovation. That work session offered a master
class in good policymaking: Staff took a proposal to the community, listened,
had a back-and-forth with stakeholders, incorporated concerns and found
compromises.
The process worked not because everyone agreed,but because it allowed
concerns to be tested,refined, and improved before decisions were locked in.
We were not at the dais deciding where to put stop signs and crosswalks.
The B3 discussion, if we re-open it,would be the opposite: The five of us
would be debating, again at the I Ith hour, a technical and consequential issue
based on limited, one-way feedback.
Finally, we spent almost three years drafting the UDC. It is a good code but a
complex one. We owe that process and the community time to see how it
works.
I have suggested to my fellow commissioners that we give staff four months to
work with the UDC as-is. As staff(and the public) encounter sticking points or
problems, I suggest we put those aside in a basket that we then take up and
examine. We already have a few items in that basket now: Transitions and this
B3 discussion. Once we have a better picture,we can prioritize and chart a
path.
I share your deep attachment to downtown Bozeman—its scale, its walkability,
and the sense of place that makes it feel like home rather than just a real-estate
market. My guiding belief is that Bozeman should accommodate growth
deliberately and transparently in places already built to handle it,rather than
pushing it outward or freezing decisions out of fear.
Bottom line: I hear the urgency and concern by you and other residents about a
90-foot height limit downtown. From my conversations with staff and others, I
don't think our town's heritage or our ability to secure meaningful resources
for affordability is at dire risk. I also feel recent public discussion has
discounted the many benefits of that extra height that led to the current limit. I
see consequential downsides to a snap decision, and I want to let staff and this
community work with the code as-is for a few months before we make
changes.
This is not the answer you want,but I deeply appreciate your engagement on
this.
Douglas
Douglas Fischer
Bozeman City Commission
dfischerQbozeman.net
406-595-5721