HomeMy WebLinkAboutUpdate on Brewery Wall_10
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson B. Brekke, Associate Planner
Chris Kukulski, City Manager
SUBJECT: An update to the City Commission on the impending end to the two year stay of demolition
for the remaining portions of the Bozeman Lehrkind Brewery site located at 801/803 North Wallace
Avenue.
MEETING DATE: December 3, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: No official action by the City Commission is required.
BACKGROUND: This update to the City Commission is due to the public interest in the remaining
Bozeman Lehrkind Brewery building. The update is not required by the Bozeman Municipal Code. City
of Bozeman staff wanted to provide an opportunity for all parties to learn of the impending end of the two
year stay of demolition. The end of the two year stay of demolition is January 10, 2013.
A timeline of the Bozeman Brewery Building project’s extensive background since original submittal to
the Bozeman Department of Planning in 2007 is attached to this memo. A portion of that timeline is
summarized below:
August 24, 2010: A Modification to a Final Site Plan application was submitted by the Bozeman Brewery
applicant requesting the complete demolition of the remaining “Lehrkind Brewery Building”
structure/wall.
November 15, 2010: First City Commission public hearing on the Mods of FSP/Brewery Demolition
application – Commission opens and continues the project to January 10, 2011 and requests the following
additional information:
1. More detail/more information about how permanent stabilization/bracing of
the wall can occur - Applicant and property owner
2. State Historic Preservation Office's determination of how the Brewery
Historic District is affected by the demolition of the wall –City Staff
3. Demolition cost estimates – Applicant and property owner
4. Explanation of whether or not the temporary bracing can be improved by
fixing the failing epoxy issue – City Staff
5. Examples of building walls preserved and other similar relics – City Staff
6. More information on why the Final Site Plan proposal can’t move forward –
Applicant and property owner
7. Final recommendation from the Northeast Neighborhood Association (results
of final vote at November 2010 meeting) – City Staff
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January 10, 2011: Second City Commission public hearing on the Mods of FSP/Brewery Demolition
application –City Commission voted to deny the demolition request of the remaining Bozeman Brewery
building. The voted motion, which was made by Commissioner Taylor and seconded by Commissioner
Becker, was the following: “Having heard and considered public comment, we hereby adopt the findings
presented in the November 15, 2010 and January 10, 2011 staff reports for the Modifications to the Final
Site Plan #Z-07145A except we find that until a detailed structural report is provided with construction
bids made from engineered plans the Commission does not have sufficient information to make the
findings required under 18.28.080.C.2. Specifically, we find the applicant has failed to satisfactorily
demonstrate compliance with 18.28.080.C.2 (a) or (b) because: (i) the applicant has not satisfactorily
demonstrated that work to permanently stabilize the wall is not reasonable under the circumstances; (ii)
the applicant has not demonstrated costs associated with the permanent stabilization of the wall exceed
the value of the structure; and (iii) the applicant has not sufficiently demonstrated the structure has no
viable economic or useful life remaining. As such, I move to deny the requested modifications to the final
site plan for demolition of the east facade of the brewery.”
In essence, the only effect of the Commission’s “denial,” per 18.28.080.C.2 (now currently referenced as
38.16.080.a.4 BMC) was to start the two year stay of demolition. After the period of stay is over, a
demolition permit can be submitted to the City’s Building Division for review and approval provided the
demolition permit application meets the applicable building code requirements. This determination is
based on the reading of the BMC section that deals with the demolition or movement of structures or sites
within the Neighborhood Conservation Overlay District, which is included below:
Sec. 38.16.080. - Demolition or movement of structures or sites within the conservation district
(previously Sec. 18.28.080)
A. The demolition or movement of any structure or site within the conservation district shall be
subject to the provisions of this article and section. The review procedures and criteria for the
demolition or movement of any structure or site within the conservation district are as follows:
1. Applications for the demolition or movement of structures within the conservation district
will not be accepted without a complete submittal for the subsequent development or
treatment of the site after the demolition or movement has occurred. The subsequent
development or treatment must be approved before a demolition or moving permit may be
issued.
2. The demolition or movement of conservation district principal and accessory structures or
sites, which are designated as intrusive or neutral elements by the state historical and
architectural inventory, and that are not within recognized historic districts or in other ways
listed on the National Register of Historic Places, shall be subject to review per articles 19
and 34 of this chapter, and the standards outlined in 38.16.050. The state historical and
architectural inventory form shall be reviewed and, if necessary, updated by a qualified
professional acceptable to the state historic preservation office to reflect current conditions
on the site, prior to the review of the demolition or movement proposal. The review
authority for the demolition or movement of structures or sites described within this section
shall be coordinated with the larger project when demolition or movement is proposed in
conjunction with a deviation, variance, conditional use permit or planned unit development
application.
3. The demolition or movement of conservation district principal and accessory structures or
sites, which are designated as contributing elements by the state historical and architectural
inventory, and all properties within historic districts and all landmarks, shall be subject to
public notice. Notice shall be provided in accordance with article 40 of this chapter. Prior
to any final action on the application the review authority shall receive a recommendation
from the historic preservation office; and if the demolition does not conform to the criteria
below a recommendation from the historic preservation advisory board. The state historical
and architectural inventory form shall be reviewed and, if necessary, updated by a qualified
professional acceptable to the state historic preservation office to reflect current conditions
on the site prior to the review of the demolition or movement proposal. The review
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authority for the demolition or movement of structures or sites described within this section
shall be coordinated with the larger project when demolition or movement is proposed in
conjunction with a deviation, variance, site plan, conditional use permit or planned unit
development application. The review authority shall base its decision on the following:
a. The standards in 38.16.050 and the architectural, social, cultural and historical
importance of the structure or site and their relationship to the district as determined
by the state historic preservation office and the planning department.
b. If the review authority finds that the criteria of this section are not satisfied, then,
before approving an application to demolish or remove, the review authority must find
that at least one of the following factors apply based on definitive evidence supplied
by the applicant, including structural analysis and cost estimates indicating the costs
of repair and/or rehabilitation versus the costs of demolition and redevelopment:
(1) The structure or site is a threat to public health or safety, and that no reasonable
repairs or alterations will remove such threat; any costs associated with the
removal of health or safety threats must exceed the value of the structure.
(2) The structure or site has no viable economic or useful life remaining.
4. If an application for demolition or moving is denied, issuance of a demolition or moving
permit shall be stayed for a period of two years from the date of the final decision in order
to allow the applicant and city to explore alternatives to the demolition or move, including,
but not limited to, the use of tax credits or adaptive reuse. The two-year stay may be
terminated at any point in time if an alternate proposal is approved or if sufficient
additional evidence is presented to otherwise satisfy the requirements of subsection 2 or 3
of this section.
5. All structures or sites approved for demolition or moving shall be fully documented in a
manner acceptable to the historic preservation planner and administrative design review
staff prior to the issuance of demolition or moving permits.
6. In addition to the remedies in article 34 of this chapter, the owner of any structure or site
that is demolished or moved contrary to the provisions of this section, and any contractor
performing such work, may be required to reconstruct such structure or site in a design and
manner identical to its condition prior to such illegal demolition or move, and in
conformance with all applicable codes and regulations.
The two year stay was intended for interested parties to work with the property owner to determine
alternatives to demolition. Despite those efforts getting a relatively slow start, the property owner has
been contacted by the Northeast Urban Renewal Board and the Northeast Neighborhood Association. No
response from the property owner was received to the requests within those contact attempts.
A change in that policy has occurred since the Brewery project and now requires the submittal of building
permits, and the payment of impact fees for an approved structure (if required) prior to the demolition of
significant historic structures. If it’s the desire for the City Commission to move this practice beyond
policy to municipal code, it may direct Staff to do so.
If the demolition of the wall occurs, the State Historic Preservation Office has determined the following
(from a letter dated December 21, 2010 and addressed to Courtney Kramer, the City’s Historic
Preservation Planner):
“Should the brewery complex façade wall be demolished, an integral part of the district’s ability
to convey these associations with its industrial past would cease to exist, and the district, as
originally listed in the National Register, would no longer be eligible. As noted above, within the
district, the brewery complex façade wall provides the district’s most substantial, tangible link to
the rise of industrial development in Bozeman. Without it, these associations would be unclear,
as the smaller-scale bottling plant would be the only remaining integrity of setting, feeling, and
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association within the district would not be sufficient to justify the district’s listing in the National
Register.”
SHPO’s letter is attached to this memo. In the City Commission’s denial motion on January 10, 2011,
none of the recommended conditions of approval that dealt with mitigation for the loss of the historic site
were included. Staff is suggesting mitigation to the Commission. The suggested form of mitigation is the
suggestion made by SHPO in their December 21, 2010 letter: Hire a professional acceptable to the State
Historic Preservation Office to conduct some historic inventory work to determine if a new National
Register Historic District can be created with the remaining three residential structures, including the
Lehrkind Mansion. If the historic research doesn’t support the creation of a new district, then the idea of
individual listings should be considered.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
ALTERNATIVES: None suggested.
ADDITIONAL SUGGESTIONS: The City Commission may also consider the additional suggestions:
FISCAL EFFECTS: None identified at this time.
Attachments: Brewery Development Timeline
NENA letter dated November 9, 2012
Original Brewery Mods to FSP Staff Report from January10, 2011
Report compiled on: November 21, 2012
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Bozeman Brewery Building Project Timeline
Updated October 24, 2012 - Page 1
June 2007: Brewery applicant submits Preliminary Site Plan/COA/DEV application to
Planning Department
June/July 2007: Demolition of non-contributing parts (including “Hell Roaring Building”
and wood frame additions) of the Brewery Building property approved by
Planning Department prior to Preliminary Site Plan approval – Demolition
occurs
August 20, 2007: Preliminary Site Plan approval granted by City Commission – Brewery
applicant has six months to turn in a Final Site Plan application to the
Planning Department
February 2008: Brewery applicant submits Final Site Plan application to Planning – traffic
study included with application and demonstrates the need for a light
signal at the Peach and Rouse intersection – the installation of a light
signal the responsibility of the applicant (as the code required at that
time)
March 13, 2008: Encroachment Permit for the closure of the sidewalk along the west side
of North Wallace Avenue between Aspen and Tamarack approved for an
18-month duration
April 21, 2008: Appeal by Brewery applicant to not have to install a traffic signal at Peach
and Rouse approved by the City Commission
May 5, 2008: Final Site Plan approval by Planning Department
May/June 2008: Demolition permit of Brewery Building property (including the remaining
“Haynes Building” and “Lehrkind Brewery Building”) approved by
Planning Department prior to building permit approval – demolition to
follow a demolition plan created by a licensed structural engineer
included in the Final Site Plan approval – temporary bracing installed on
the east wall of the “Lehrkind Brewery Building”
May/June 2009: One year extension to Final Site Plan approval granted by Planning
Department
September 2009: Extension to Encroachment Permit granted by Engineering until May 5,
2010
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Bozeman Brewery Building Project Timeline
Updated October 24, 2012 - Page 2
July 27, 2010: Letter sent from Planning Department asking about the applicant’s
intentions with the site – letter sent because questions about the long
term stability of the wall and possible hazards to the public had been
raised by members of the public and the Building Department – letter
stated that “the City is interested in discussing with you the long term
maintenance and development of the site.”
August 24, 2010: A Modification to a Final Site Plan application was submitted by the
Bozeman Brewery applicant requesting the complete demolition of the
remaining “Lehrkind Brewery Building” structure/wall.
September 15, 2010: Mods of FSP application deemed “inadequate” by City Staff – applicant
requested to supply: “A structural analysis update from the original
structural engineer on the project stating the justification for why the
remaining wall/structure on the property needs to be demolished” –
asked to be submitted within 15 days
October 6, 2010: Structural analysis update submitted by applicant
October 20, 2010: Additional information requested by the applicant so City Staff can make
a recommendation to the demolition of the wall:
1. An inspection of the wall and the temporary bracing system shall
occur by the current Engineer of Record or another Montana State
Licensed Engineer. The Engineer should provide a letter documenting
the current structural condition of the wall and the temporary bracing
along with a recommendation either for demolition or a plan to
maintain/stabilize the wall in its current condition.
2. If the wall is determined to be a threat to public health or safety, a
cost estimate for permanent bracing or other remediation to make it
stable and safe must be submitted and must demonstrate how it
either a) exceeds the cost of the remaining structure and/or b) the
remaining structure has no viable economic or useful life remaining
(per Section 18.28.080 of the BMC, “Demolition or Movement of
Structures or Sites within the Conservation District”).
October 27, 2010 Additional information submitted by applicant
November 15, 2010 First City Commission public hearing on the Mods of FSP/Brewery
Demolition application – Commission opens and continues the project to
January 10, 2011 and requests the following additional information:
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Bozeman Brewery Building Project Timeline
Updated October 24, 2012 - Page 3
1. More detail/more information about how permanent stabilization/bracing
of the wall can occur - Applicant and property owner
2. State Historic Preservation Office's determination of how the Brewery
Historic District is affected by the demolition of the wall –City Staff
3. Demolition cost estimates – Applicant and property owner
4. Explanation of whether or not the temporary bracing can be improved by
fixing the failing epoxy issue – City Staff
5. Examples of building walls preserved and other similar relics – City Staff
6. More information on why the Final Site Plan proposal can’t move forward –
Applicant and property owner
7. Final recommendation from the Northeast Neighborhood Association
(results of final vote at November 2010 meeting) – City Staff
January 10, 2011 Second City Commission public hearing on the Mods of FSP/Brewery
Demolition application –City Commission voted to deny the demolition request
of the remaining Bozeman Brewery building. The voted motion, which was
made by Commissioner Taylor and seconded by Commissioner Becker, was the
following: “Having heard and considered public comment, we hereby adopt the
findings presented in the November 15, 2010 and January 10, 2011 staff reports
for the Modifications to the Final Site Plan #Z-07145A except we find that until a
detailed structural report is provided with construction bids made from
engineered plans the Commission does not have sufficient information to make
the findings required under 18.28.080.C.2. Specifically, we find the applicant has
failed to satisfactorily demonstrate compliance with 18.28.080.C.2 (a) or (b)
because: (i) the applicant has not satisfactorily demonstrated that work to
permanently stabilize the wall is not reasonable under the circumstances; (ii) the
applicant has not demonstrated costs associated with the permanent
stabilization of the wall exceed the value of the structure; and (iii) the applicant
has not sufficiently demonstrated the structure has no viable economic or useful
life remaining. As such, I move to deny the requested modifications to the final
site plan for demolition of the east facade of the brewery.”
City Thoughts in
2012: Because the application for demolition was denied, issuance of a demolition
or is stayed for a period of two years from the date of the final decision (or
until January 10, 2013). The purpose of a stay in demolition is to allow
additional time for the applicant and city to explore alternatives to the
demolition. Up to this point, the City hasn’t heard from the property owner
on any alternatives they are considering. The city’s exploration is
demonstrated through the efforts of the Northeast Urban Renewal Board and
their attempt to offer some funding for public improvements adjacent to the
Brewery Wall site. The City also supports the efforts of the Northeast
Neighborhood Association in trying to work with the developer.
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Bozeman Brewery Building Project Timeline
Updated October 24, 2012 - Page 4
The City recently worked with the property owner to reestablish the security
fencing around the property.
The City does not regularly inspect the wall. This is no different than our
approach to any other structure in the City.
The City is operating based upon the information that was presented by the
property owner as part of the demolition application that was denied.
If the wall begins to present a safety hazard, the City could act based upon the
unsafe building section of the IBC and/or the nuisance provisions of the BMC.
Once the 2 year stay of demolition required by the City Commission comes to
an end, the property owner can apply for a demolition permit for the wall.
The City Commission has decided to have an “Update of the Brewery Wall” on their November 5th
public hearing agenda. Because of the public interest in the wall, the Commission wanted to inform
the public on the upcoming end of the two year stay of demolition. It’s important to note that the
Commission is unable to further delay demolition. The two year stay was the maximum delay
permitted by current Bozeman Municipal Code.
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NENA – Northeast Neighborhood Association
Bozeman, Montana
November 9, 2012
Dear Mayor and City Commissioners:
We understand that the City Commission plans to place the Brewery Wall Issue on the City Commission
agenda as an Action Item for discussion on December 3, 2012. To our understanding, this upcoming
December Commission meeting could be our last opportunity to speak to the City Commission
concerning this important issue.
We are informed by City Planning Staff that the City Building Department will automatically issue the
Demolition Permit for the wall if requested by the property owner/developer on or after January 10, 2013,
when the two-year moratorium will expire.
Also to our understanding, the City Commission changed the ordinance for demolition of historic
structures on September 10, 2012, placing such decisions with the “review authority” rather than the
Commission – in this case we are told the review authority would be the City Planner.
NENA is very concerned about the options we have available when it comes to saving historic structures
in Bozeman, the Brewery Wall in particular. We want this issue to remain in the public light, available to
hearing and comment before the Commission, rather than an administrative decision in the City Planning
Office where 'sunshine' is more limited.
Two years ago, when the City Commission wisely denied demolition of the Brewery Wall, the
Commission directed the developer to provide additional information/options, engineering specifications
and projected cost for preservation versus demolition of the Wall. The City Commission, at that time, also
directed the neighborhood (NENA) to work with the developer and look into options for helping fund
stabilization of the Brewery Wall.
NENA, as well as the Northeast Urban Renewal Board (NURB), have sought to work with the developer
and have offered to help in stabilization of the wall. On January 25, 2012 NURB wrote to Scala
Properties offering financial assistance in stabilizing the Wall. On March 2, 2012, NENA sent a
registered letter to Scala Properties, also offering to help with financial support to stabilize the Wall.
Scala did not respond to either letter. NENA also e-mailed and attempted to call Scala, again with no
response.
This past August 25th, NENA held the Brewery Wall Festival celebrating Bozeman's rich brewing history
to raise awareness of the Wall issue. We had a fun and successful event with over 300 in attendance,
covered all of our expenses, which included paying for a web-page through which we can accept on-line
donations for preservation of the wall through a non-profit organization, and raised a little over $150
above the cost of the event expenses. Those in attendance requested that it become an annual event with a
local run organizer wanting to organize a "Run for the Wall" coinciding with future festivals.
We have done what the City Commission asked of us in attempting to engage Scala Properties in a
solution to saving, rather than demolishing, this important part of Bozeman's heritage. Scala Properties is
aware, per communications from NENA and NURB, that Bozeman would lose this rare historic Brewery
District if the Wall is demolished, one of only ten in the nation. We feel that the property
owner/developer and Bozeman has much to gain by having the Wall and its associated historic district. In
addition we now have an annual festival and fun run dedicated to its existence.
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Page 2 of 2
Our question to the City Commission is:
Precedent was set in the case in the Story Mill Development failure in that the City of Bozeman was able
to alleviate the 'Public Nuisance' by going in and securing the structures via boarding up the building,
removing graffiti, and cleaning up the property, etc and placing a lien on the property now owned by a
local bank. If the Bozeman Brewery Wall property were to be designated as a public nuisance, would the
City of Bozeman have the ability to remove the nuisance by permanently stabilizing the wall and placing
a lien on the Bozeman Brewery property?
In such a case the nuisance would have been eliminated, the wall would be available to be incorporated
into a myriad of potential positive new development options on the property, Bozeman's reputation would
not be marred by being the first municipality in Montana to lose a nationally recognized significant
historic district, and we could continue to add to Bozeman's economy by expanding upon the 'Brewery
Wall Festival' and 'Run for the Wall' as community events. We feel that highlighting the significance of
the property by these annual events would greatly add to any potential developments and re-use of the
currently failing property - greatly more valuable to the developer, the city tax base, and the community
beyond its value as a blank scraped clean lot, stripped of its historical significance.
Several NENA representatives and members will be meeting with the City Planner and other members of
the City Staff next Tuesday, November 13, 2012, to discuss the opportunities Bozeman may have to retain
this remaining relic of Bozeman's brewing history and thus preserving the Bozeman Historic Brewery
District.
We are at the eleventh-hour, with the economy on the upswing giving more hope to re-starting a
development project on the Brewery property. This Wall can be saved physically. This developer, or
another developer, can take advantage of the wall with a re-invigorated development scenario, like the
one promised to the northeast neighborhood and approved by the City of Bozeman. The northeast
neighborhood and the people of Bozeman never signed on to the destruction of this nationally rare historic
brewery district. We do yet have the chance to correct what has gone wrong with the Brewery
development. The issue is really about more than just this particular Wall - saving the Wall means saving
the historic Bozeman brewery district. And if we let the Wall go, like other historic Bozeman landmarks
before it, what historic property is next?
To our understanding the developer did not provide the City Commission with any of the information
requested in the Commission’s motion of January 10, 2011. Scala Properties has not responded to
correspondence and offers of assistance from NENA or NURB. We believe NENA and Bozeman deserve
more than pro-forma demolition permit issued to a developer that has ignored all efforts to assist it in
saving this historic structure, and preserving both the cultural values and property values associated with
the Wall.
We look forward to your thoughts and suggestions.
Sincerely,
Chris Nixon
NENA President
406-585-6932
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CITY COMMISSION STAFF REPORT
BOZEMAN BREWERY BUILDING DEMOLITION MODS TO FINAL SITE PLAN #Z-07145A
Bozeman Brewery Building Demolition Mods to FSP (#Z-07145A) 1
Item: Zoning Application #Z-07145A, a Modification to a Final Site Plan
application to demolish the remaining four-story structure (wall) of the
Lehrkind Brewery Building property addressed as 801 and 803 North
Wallace Avenue. The property is zoned as “NEHMU” (Northeast Historic
Mixed Use District) and is located within the Neighborhood Conservation
Overlay District. The property is also included as a contributing property
within the Bozeman Brewery Historic District.
Owner: Scala Properties, LLC
1228 31st Street NW, Level 2
Washington, DC 20007
Applicant: Goff Architecture Ltd.
201 South Wallace Avenue
Bozeman, MT 59715
Date: City Commission Public Hearing: Monday, November 15, 2010 at 6:00 p.m.
in the Commission Room, City Hall, 121 North Rouse Avenue, Bozeman,
MT.
Report By: Allyson C. Bristor, AICP, Associate Planner
Recommendation: That the City Commission grant a stay of demolition of the Bozeman
Brewery Building for six months from the date of their decision; and after
the conclusion of six months the property owner may request a demolition
permit for the Bozeman Brewery Building through the Building
Department; and any demolition shall be completed in accordance with City
Staff’s recommended conditions of approval.
PROJECT LOCATION
The subject property is addressed as 801 and 803 North Wallace Avenue, which is generally located on the
southwest corner of North Wallace Avenue and East Tamarack Street and encompasses approximately 65,000
square feet in lot area. The property includes the remains of the historic Lehrkind Brewery Building (from this
point forward referred to as the Bozeman Brewery Building), a part of the Bozeman Brewery Historic District.
The property is zoned “NEHMU” (Northeast Historic Mixed Use District) and is also located within the
Neighborhood Conservation Overlay District.
The Lehrkind Brewery Building is one of the six contributing structures of the Bozeman Brewery Historic
District. Other buildings included in this historic district include the Bottling Plant located across Wallace
Avenue and the Lehrkind Mansion located across the abandoned Aspen Street. Following its use as a brewery
(post Prohibition), the Lehrkind Brewery Building site was used for a variety of things, including a coal company,
soda production business, ice plant and warehouse, Kessler Creamery operations, photography studio and
Bozeman Plumbing & Heating office. All the uses were predominately industrial and office in nature. Before the
current property owner’s purchase, the site was generally neglected and not properly maintained, due to the
difficult historic condition of the buildings and the fact that the property was divided between multiple owners.
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Bozeman Brewery Building Demolition Mods to FSP (#Z-07145A) 2
ZONING DESIGNATION & ADJACENT LAND USES
The subject property is zoned “NEHMU” (Northeast Historic Mixed Use District) and the intent of such a zoning
district is to provide recognition of an area that has developed with a blend of uses not commonly seen under
typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in Bozeman and
should be preserved as a place offering additional opportunities for creative integration of land uses.
The intent of this area is to allow private and case by case determination of the most appropriate use of land in a
broad range of both nonresidential and residential uses. Standards for buffering between different land uses are
deliberately not as high as that elsewhere in the community as it is assumed that persons choosing to locate in this
area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable
and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which
may increase or decrease in scope in any given portion of the district.
The clear intent of this district is to support a mix and variety of nonresidential and residential uses. Authorized
uses for the “NEHMU” include a blend of those uses allowed in the “R-2” (Residential Two-Household, Medium
Density) and “M-1” (Light Manufacturing) zoning districts excluding adult businesses and casinos.
The subject property is surrounded by the following land uses:
North: Industrial grounds, zoned as “M-1;”
South: Lehrkind Mansion B&B, zoned as “NEHMU;”
East: Wallace North LLC complex, zoned as “M-1;”
West: Lattice Materials complex, zoned as “NEHMU.”
Please refer to the zoning map below:
The act of demolition would create an empty property lot, which is not specifically prohibited in the NEHMU
district. However, a more desirable development of the property would be the establishment of a use, or a blend
of uses, allowed in the “R-2” and “M-1” zoning districts.
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Bozeman Brewery Building Demolition Mods to FSP (#Z-07145A) 3
BOZEMAN COMMUNITY PLAN FUTURE LAND USE DESIGNATION
The property is designated as an “Industrial” future land use. This classification provides areas for the uses which
support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within
these areas is intensive and is connected to significant transportation corridors. In order to protect the economic
base and necessary services represented by industrial uses, uses which would be detrimentally impacted by
industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger
community and should meet basic standards for landscaping and other site design issues and be integrated with
the larger community.
The act of demolition would create an empty property lot, which is not specifically prohibited for an “Industrial”
designated property. However, a more desirable development of the property would be the establishment of an
appropriate mix of residential and light-manufacturing uses.
PROJECT BACKGROUND
The original Bozeman Brewery Building proposal was submitted to the City’s Department of Planning in June
2007 by property owner Scala Properties, LLC and representative Graham Goff of Goff Architecture, Ltd. The
details of the project proposal included the following: 1) demolition of the Haynes Building complex, 2) a
combination of reconstruction, rehabilitation and demolition of the existing Brewery Building to create a building
complex with four sections of residential units (total: 35 units/approx. 33,400 SF), approximately 10,210 SF of
commercial/office space, an elevated courtyard and an underground mixed-use parking garage, 3) new
construction of a building along Tamarack Avenue (Tamarack Building) with residential units (4 units/approx.
4,800 SF) and approximately 6,600 SF of commercial/office space, and 4) new construction of a surface parking
lot. Zoning deviations were available to the property owner because of the property’s location within the
Neighborhood Conservation Overlay District. Seven deviations were requested and approved with the original
proposal. The deviations were required for the proposed percentage of office use, building lot coverage, building
height and lot area and width.
Summarized below is a timeline of the Bozeman Brewery Building project’s extensive background since original
submittal to the Bozeman Department of Planning:
June 2007: Brewery applicant submits Preliminary Site Plan/COA/DEV application to Planning Department
June/July 2007: Demolition of non‐contributing parts (including “Hell Roaring Building” and wood frame
additions) of the Brewery Building property approved by Planning Department prior to
Preliminary Site Plan approval – Demolition occurs
August 20, 2007: Preliminary Site Plan approval granted by City Commission – Brewery applicant has six months to
turn in a Final Site Plan application to the Planning Department
February 2008: Brewery applicant submits Final Site Plan application to Planning – traffic study included with
application and demonstrates the need for a light signal at the Peach and Rouse intersection –
the installation of a light signal the responsibility of the applicant (as the code required at that
time)
March 13, 2008: Encroachment Permit for the closure of the sidewalk along the west side of North Wallace
Avenue between Aspen and Tamarack approved for an 18‐month duration
April 21, 2008: Appeal by Brewery applicant to not have to install a traffic signal at Peach and Rouse approved
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by the City Commission
May 5, 2008: Final Site Plan approval by Planning Department
May/June 2008: Demolition permit of Brewery Building property (including the remaining “Haynes Building” and
“Lehrkind Brewery Building”) approved by Planning Department prior to building permit approval
– demolition to follow a demolition plan created by a licensed structural engineer included in the
Final Site Plan approval – temporary bracing installed on the east wall of the “Lehrkind Brewery
Building”
May/June 2009: One year extension to Final Site Plan approval granted by Planning Department
September 2009: Extension to Encroachment Permit granted by Engineering until May 5, 2010
July 27, 2010: Letter sent from Planning Department asking about the applicant’s intentions with the site –
letter sent because questions about the long term stability of the wall and possible hazards to
the public had been raised by members of the public and the Building Department – letter stated
that “the City is interested in discussing with you the long term maintenance and development of
the site.”
August 24, 2010: A Modification to a Final Site Plan application was submitted by the Bozeman Brewery applicant
requesting the complete demolition of the remaining “Lehrkind Brewery Building” structure/wall.
September 15, 2010: Mods of FSP application deemed “inadequate” by City Staff – applicant requested to supply: “A
structural analysis update from the original structural engineer on the project stating the
justification for why the remaining wall/structure on the property needs to be demolished” –
asked to be submitted within 15 days
October 6, 2010: Structural analysis update submitted by applicant
October 20, 2010: Additional information requested by the applicant so City Staff can make a recommendation to
the demolition of the wall:
1. An inspection of the wall and the temporary bracing system shall occur by the current
Engineer of Record or another Montana State Licensed Engineer. The Engineer should
provide a letter documenting the current structural condition of the wall and the temporary
bracing along with a recommendation either for demolition or a plan to maintain/stabilize
the wall in its current condition.
2. If the wall is determined to be a threat to public health or safety, a cost estimate for
permanent bracing or other remediation to make it stable and safe must be submitted and
must demonstrate how it either a) exceeds the cost of the remaining structure and/or b) the
remaining structure has no viable economic or useful life remaining (per Section 18.28.080
of the BMC, “Demolition or Movement of Structures or Sites within the Conservation
District”).
October 27, 2010 Additional information submitted by applicant
PROJECT PROPOSAL
The City Planning and Building Departments sent a letter to the Bozeman Brewery property owner and applicant
following the expiration of the Final Site Plan and Sidewalk Encroachment Permit. The departments inquired
about the property owner’s intentions and plans for the site. In response to the City’s inquiry, the applicant
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submitted a Modification to a Final Site Plan application to the Department of Planning in August 2010. The
application requested the complete demolition of the remaining Bozeman Brewery Building.
Any modification of a site plan approved under the Unified Development Ordinance (Title 18 Bozeman
Municipal Code) shall be submitted to the Planning Director for review and possible approval. The Planning
Director must determine if the modified plan is or is not in substantial compliance with the originally approved
plan before acting on the modification request. The remaining east wall of the Bozeman Brewery Building was
originally proposed to be an integral part of the new development. It was planned to be rehabilitated to an
appearance that returned several features of the wall back to its original appearance. The preservation and
rehabilitation of the Bozeman Brewery Building’s east wall was the primary reason why the project received
support by Planning Staff for the several deviations requested. The complete demolition of the east wall is
determined to be a substantial change in the original development design and not in compliance with the
originally approved plan. Therefore, the demolition application is subject to all applicable standards and site plan
review and approval provisions of the Unified Development Ordinance (Title 18 BMC), which primarily includes
“Standards for Certificates of Appropriateness” (Section 18.28.050) and “Demolition or Movement of Structures
or Sites within the Conservation District” (Section 18.28.080).
Though a significant portion of the Bozeman Brewery Building has been demolished, Planning Staff is still
considering the structure to be a “contributing property” within a historic district. Demolition of contributing
properties within historic districts shall be subject to approval by the City Commission through a public hearing,
after considering a recommendation from Administrative Design Review (ADR) Planning staff and the Design
Review Board (DRB). The application was also reviewed by the Development Review Committee (DRC), the
Northeast Urban Renewal Board (NURB), the Historic Preservation Advisory Board (HPAB), and the Northeast
Neighborhood Association (NENA). The recommendations of all City Boards are included below in the section
“City Board Recommendations.”
REVIEW CRITERIA & FINDINGS
The Department of Planning & Community Development reviewed this Modification to a Final Site Plan
application against the relevant sections of the Unified Development Ordinance (Title 18 of the Bozeman
Municipal Code, BMC) and as a result offers the following comments.
Section 18.28.050 “Standards for Certificates of Appropriateness”
A. All work performed in completion of an approved certificate of appropriateness shall be in
conformance with the most recent edition of the Secretary of Interior’s Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings, published by U.S. Department of the Interior, National Park
Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services,
Washington, D.C.
Because of its historic significance to the Bozeman community and its vital importance as a contributing
building to the Bozeman Brewery Historic District, the proposed demolition of the Bozeman Brewery
Building is found to be in direct conflict with the Secretary of Interior’s Standards for the Treatment of
Historic Properties.
B. Architectural appearance design guidelines used to consider the appropriateness and compatibility
of proposed alterations with original design features of subject structures, or properties and with
neighboring structures and properties, shall focus upon the following: 1. Height; 2. Proportions of
doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6.
Directional expression, with regard to the dominant horizontal and vertical expression of
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surrounding structures; 7. Architectural details; 8. Concealment of nonperiod appurtenances, such
as mechanical equipment; and 9. Materials and color schemes.
New construction is not proposed following the proposed demolition. Therefore, this section is not
applicable.
C. Contemporary, nonperiod and innovative design of new structures and additions to existing
structures shall be encouraged when such new construction or additions do not destroy significant
historical, cultural or architectural structures, or their components, and when such design is
compatible with the foregoing elements of the structure and the surrounding structures.
Not applicable.
D. When applying the standards of subsections A-C, the review authority shall be guided by the
Design Guidelines for the Neighborhood Conservation Overlay District which are hereby
incorporated by this reference. When reviewing a contemporary, non-period, or innovative design
of new structures, or addition to existing structure, the review authority shall be guided by the
Design Guidelines for the Neighborhood Conservation Overlay District to determine whether the
proposal is compatible with any existing or surrounding structures.
Not applicable.
E. Conformance with other applicable development standards of this title.
The application is reviewed under the criteria of “Demolition or Movement of Structures or Sites Within
the Conservation District” (Section 18.28.080 of the UDO) which is discussed further below in this staff
report.
F. Tax abatement Certificate of Appropriateness applications are also reviewed with the procedures
and standards established in Chapter 3.30, BMC.
Not applicable.
Section 18.28.080 “Demolition or Movement of Structures or Sites Within the Conservation District”
The demolition or movement of any structure or site within the conservation district shall be subject to the
provisions of this chapter and section. The review procedures and criteria for the demolition or movement
of any structure or site within the conservation district are as follows:
A. Applications for the demolition or movement of structures within the conservation district will not
be accepted without a complete submittal for the subsequent development or treatment of the site
after the demolition or movement has occurred. The subsequent development or treatment must be
approved prior to the demolition or moving permit may be issued.
No plans for new construction are proposed with this demolition application. The proposed subsequent
development, following the demolition of the Bozeman Brewery Building, is to remove all rubble, grade
the site to match adjacent properties, and reopen the closed sidewalk.
The Department of Planning generally does not support demolition of historic buildings without plans for
subsequent reconstruction or new construction.
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B. The demolition or movement of conservation district principal and accessory structure or sites,
which are designated as intrusive or neural elements by the Montana Historical and Architectural
Inventory, and are not within recognized historic districts or in other ways listed on the National
Register of Historic Places, shall be subject to approval by the Planning Director after review and
recommendation of Administrative Design Review staff or Design Review Board as per Chapters
18.34 and 18.62, BMC, and the standards outlined in Section 18.28.050, BMC.
Not applicable, as the building proposed for demolition is designated as a “contributing” structure within
the Bozeman Brewery Historic District.
C. The demolition or movement of conservation district principal and accessory structures or sites,
which are designated as contributing elements by the Montana Historical and Architectural
Inventory, and all properties within historic districts and all landmarks, shall be subject to
approval by the City Commission, through a public hearing. Notice of the public hearing before
the City Commission shall be provided in accordance with Chapter 18.76, BMC. Prior to the
public hearing, the City Commission shall receive a recommendation from Administrative Design
Review Staff and the Design Review Board. The Montana Historical and Architectural Inventory
Form shall be reviewed and, if necessary, updated by the historic preservation staff to reflect
current conditions on the site, prior to the review of the demolition or movement proposal. The
final authority for demolition or movement of structures or sites within this section shall rest with
the City Commission.
Though a significant portion of the Bozeman Brewery Building has been demolished, Planning Staff is
still considering the structure to be a “contributing property” within a historic district.
The City Commission shall base its decision on the following:
1. The standards in 18.28.050 UDO, and the architectural, social, cultural, and historical
importance of the structure or site and their relationship to the district as determined by the
State Historic Preservation Office and the Planning Department.
The application is requesting the demolition of the remaining east wall of the four-story structure
known as the Bozeman Brewery Building. The building is considered a contributing building to the
Bozeman Brewery Historic District. The Bozeman Brewery Historic District is one of only ten
brewery historic districts listed on the National Register of Historic Places (according to records
found on http://www.nps.gov/nr/research/). Overall, the historic district represents important aspects
of Bozeman’s industrial, social, and ethnic history. Please see the entire Bozeman Brewery Historic
District National Register nomination form that is attached to this report. Because the Bozeman
Brewery Historic District is compact in size and only includes five buildings, the demolition of the
remaining Bozeman Brewery Building removes an extremely significant building from the historic
district. The Bozeman Brewery Building is so significant to the district that it might be the reason
why the Bozeman Brewery Historic District loses its listing on the National Register of Historic
Places.
Because of its historic significance and its important contribution to the Bozeman Brewery Historic
District, the proposed demolition of the Bozeman Brewery Building is found by the Planning
Department, with input from the Montana State Historic Preservation Office, to be in direct conflict
with the Secretary of Interior’s Standards. Therefore, the criteria of this section are not satisfied.
2. If the Commission finds that the criteria of this section are not satisfied, then, before approving
an application to demolish or remove, the Commission must find that at least one of the
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following factors apply based on definitive evidence supplied by the applicant, including
structural analysis and cost estimates indicating the costs of repair or rehabilitation versus the
costs of demolition and redevelopment:
a. The structure or site is a threat to public health or safety, and that no reasonable repairs or
alterations will remove such a threat; any costs associated with the removal of health or
safety threats must exceed the value of the structure.
b. The structure or site has no viable economic or useful life remaining.
Additional information was requested from the applicant so City Staff could make a
recommendation to the City Commission on the proposed demolition. That additional
information was the following:
1. An inspection of the wall and the temporary bracing system shall occur by the current
Engineer of Record or another Montana State Licensed Engineer. The Engineer should
provide a letter documenting the current structural condition of the wall and the temporary
bracing along with a recommendation either for demolition or a plan to maintain/stabilize the
wall in its current condition.
2. If the wall is determined to be a threat to public health or safety, a cost estimate for
permanent bracing or other remediation to make it stable and safe must be submitted and
must demonstrate how it either a) exceeds the cost of the remaining structure and/or b) the
remaining structure has no viable economic or useful life remaining (per Section 18.28.080 of
the BMC, “Demolition or Movement of Structures or Sites within the Conservation
District”).
The applicant submitted the additional information on October 27, 2010 and reviewed by
Planning Staff. The information was forwarded to the members of the Development Review
Committee, which includes representatives from the Building, Fire, Engineering, and Streets
Departments. Members of the DRC reviewed the information and Staff’s recommended
conditions at their November 3, 2010 meeting. A stay of demolition of the Bozeman Brewery
Building was supported by the DRC with the conditions of approval recommended by City Staff.
The structural engineer’s letter reiterates the fact that the existing temporary bracing on the
Bozeman Brewery Building wall was designed with the intent it would remain standing for a
short duration between demolition and final construction. In reality, the temporary bracing has
kept the wall standing for one and a half years.
The structural engineer identifies areas of the wall and temporary bracing system that are
deteriorating, likely from the exposure to weather (rain, wind, snow, etc). The engineer states
that “the existing epoxy anchors into the unreinforced masonry wall continue to experience
significant tension loads and load cycle reversals as the wind blows on the wall.” He continues
by saying “over time with these load cycles and with the small movements of this wall, the brick
will continue to crumble around the epoxy.” In the end, the structural engineer states “these
anchors are not designed to support this masonry wall indefinitely.”
The structural engineer’s final assessment of the wall is the following: “the temporary bracing for
the existing 40-foot high unreinforced masonry wall along Wallace Street is not adequate for
continued support of this wall indefinitely.” Staff assumes the structural engineer chooses to use
the word indefinitely because it is close to impossible to say how much longer the temporary
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bracing will keep the wall standing. It could be six months, it could be a year, or it could be two
years. The greatest threat to the integrity of the temporary bracing system is likely a seismic
event, which is an unknown factor. Another threat is the accumulation of small movements in the
wall from wind load cycles, which is also an unknown. In the end, there are a lot of unknowns
that have to be balanced when determining the level of threat the remaining Bozeman Brewery
Wall has to public health and safety.
The only way to eliminate the possible threat of the remaining Bozeman Brewery Building to
public health and safety is to either a) permanently stabilize the wall or b) demolish the wall.
Both will incur an expense for the property owner. An accurate cost estimate for permanent
stabilization of the wall can only occur when a structural design for stabilization is created by a
certified structural engineer and construction bids are received for said design. However, the
applicant did prepare a cost estimate to restore the wall and permanently brace the wall without a
set of design plans (restoration of the wall must occur before the permanent bracing is
established). The estimate range is submitted as $173,310.00 to $198,310.00. Cost estimates for
demolition of the wall were requested from the applicant by Planning Staff, but were not received
before the drafting of this report. However, Staff assumes the cost estimate for demolition is less
than the permanent stabilization cost estimate, which is why the property owner is requesting for
demolition. If demolition cost estimates are received prior to the scheduled public hearing, they
will be forwarded to the City Commission as an addendum to this report.
The demolition criteria ask the Commission to consider the costs of reasonable repairs or
alterations, which removes the threat to public safety, to the value of the structure. The value of
the historic Bozeman Brewery Building is one that cannot be accurately represented by
quantitative data. Rather, the value of the structure is best represented by qualitative information.
The significant cultural and high social value of the Bozeman Brewery Building was identified
when the City of Bozeman chose to create a National Register Historic District that highlights the
building and its immediate neighboring buildings. The act of listing the property on the National
Register was one that identified it as a historic resource that is extremely valuable to the Bozeman
community. Furthermore, the City of Bozeman chose to offer the highest protection to the
structures included within historic districts which only increases the value of the property. If the
value of a historic structure is only represented as the amount of money required to demolish it,
then the cultural and social value of history is ignored.
It is crucial to consider the level of detriment to the community that will occur with the loss of
this significant building, and likely the loss of the Bozeman Brewery Historic District. Historic
preservation creates a bond between a community and its citizens.1 Demolition of a part of this
amenity removes the community’s connection to it, which can never be reestablished. The value
of the Bozeman Brewery Building can only be described as irreplaceable.
D. If an application for demolition or moving is denied, issuance of a demolition or moving permit
shall be stayed for a period of two years from the date of the final decision in order to allow the
applicant and the City to explore alternatives to the demolition or move, including but not limited
to, the use of tax credits or adaptive reuse. The two year stay may be terminated at any point in
time if an alternate proposal is approved or if sufficient additional evidence is presented to
otherwise satisfy the requirements of subsection B or C of this section.
The Department of Planning & Community Development is making the following recommendation for
the Bozeman Brewery Building demolition request:
• That the City Commission grant a stay of demolition of the Bozeman Brewery Building for six
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months from the date of their decision; and after the conclusion of six months the property owner
may request a demolition permit for the Bozeman Brewery Building through the Building
Department; and any demolition shall be completed in accordance with City Staff’s
recommended conditions of approval.
Though the code allows the Commission to consider a two year stay for demolition permits, the
Department of Planning recommends a stay of just six months from the date of their final action. City
Staff recognizes the existing temporary bracing was designed for a short duration between demolition and
final construction. As the structural engineer states, “the anchors of the temporary bracing were not
designed to support the masonry wall indefinitely.” City Staff doesn’t find six additional months as an
indefinite amount of time, but rather a fixed amount of time. Six months will provide ample amount of
time for the property owner/applicant, neighborhood residents, members of the greater community and
City Staff to work together and see if there are any sound financial resources available to permanently
stabilize the remaining Bozeman Brewery Building east wall.
The permanent stabilization and preservation of the wall is likely the only chance remaining to keep the
Bozeman Brewery Historic District listed on the National Register of Historic Places. Historic districts
are culturally important for a city because they increase community pride of place and identify areas that
are significant for the preservation of neighborhood character. Historic districts are also economically
important for a city. Studies have consistently shown properties within designated historic districts have
higher appraised values than those outside of districts and appraisal values of properties increase faster
when located within designated historic districts.
E. All structures or sites approved for demolition or moving shall be fully documented in a manner
acceptable to the Historic Preservation Officer and Administrative Design Review Staff prior to the
issuance of demolition or moving permits.
If the City Commission chooses to allow the demolition request, several conditions of approval are
included in City Staff’s recommendation to mitigate the great loss of the Bozeman Brewery Building and
the Bozeman Brewery Historic District. Those conditions include resurveying of the remaining
contributing properties in the Bozeman Brewery Historic District and preparation of a new National
Register nomination form to determine whether or not the district can remain listed.
F. In addition to the remedies in Chapter 18.64, BMC, the owner of any structure or site that is
demolished or moved contrary to the provisions of this section, and any contractor performing such
work, may be required to reconstruct such structure or site in a design and manner identical to its
condition prior to such illegal demolition or move, and in conformance with all applicable codes
and regulations.
Not applicable. The applicant made proper application for the demolition request.
PUBLIC COMMENT
One letter of public comment was received for this proposal and is attached to this report. The letter was
submitted by Bill and Bobbi Clem, who are the property owners of 802, 810 and 820 North Wallace Avenue
(across Wallace Avenue from the subject property). The letter indicates support of the demolition request. If
public comment is received after the submittal of this report, it will be forwarded to the City Commission prior to
the public hearing for consideration.
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CITY BOARD RECOMMENDATIONS
Several City Boards reviewed the Bozeman Brewery Building demolition application and offered
recommendations for the City Commission’s consideration. Minutes from each board meeting where the
Bozeman Brewery Building demolition was discussed is attached to this report. The recommendations from
each City Board were heavily considered by City Staff and are largely the reason a stay of demolition for
six months is being recommended to the City Commission. The final recommendations and motions made by
each City Board are summarized below, with exception to the Northeast Neighborhood Association (NENA).
Because of the great importance of the Bozeman Brewery Wall and Historic District to the northeast
neighborhood, NENA is holding an emergency neighborhood meeting on November 7, 2010. The goal of this
emergency meeting is for the neighborhood association to formally vote on whether or not to recommend denial
of the Bozeman Brewery Building demolition request in order to allow every possible means of permanent
stabilization of the wall. The notice of the emergency meeting is attached to this report. Because this emergency
meeting occurs after the creation of this staff report, it will be forwarded to the City Commission before the
scheduled public hearing as an addendum to this report.
Historic Preservation Advisory Board: The HPAB saw the application early in its review stages and before the
structural engineer information was submitted for consideration. The board’s Planning and Policy subcommittee
will be forwarding a recommendation to the City Commission that speaks to the recommended form of mitigation
for total loss of the building the at a later time. However, they recommended that the City Staff defer a decision
on demolition to give time to explore possible solutions, as well as include the Northeast Neighborhood
Association in the process.
Northeast Urban Renewal Board: The NURB forwarded a recommendation to the City Commission and City
Staff for preservation of the Bozeman Brewery Building wall, and furthermore that the decisions about the
outcome of the wall lead to the most expeditious redevelopment of the property, with the wall incorporated into
the design.
Design Review Board: The DRB forwarded a recommendation to the City Commission and City Staff for
Bozeman to deny the demolition request for the Bozeman Brewery Building as the proposal did not meet the
review criteria for approval of demolition as set forth in the Unified Development Ordinance.
It should also be mentioned that all City Boards included in their discussion of the application the great need for a
demolition by neglect ordinance.
CITY STAFF RECOMMENDATION
The Department of Planning & Community Development is making the following recommendation for the
Bozeman Brewery Building demolition request:
• That the City Commission grant a stay of demolition of the Bozeman Brewery Building for six months from
the date of their decision; and after the conclusion of six months the property owner may request a demolition
permit for the Bozeman Brewery Building through the Building Department; and any demolition shall be
completed in accordance with City Staff’s recommended conditions of approval.
The additional six months will allow the applicant, the Northeast Urban Renewal Board, the Northeast
Neighborhood Association, the general public, and the City to explore alternatives to the demolition, including
but not limited to finding additional funding resources to be used for the permanent stabilization of the wall.
The Department of Planning offers different conditions of approval dependent on the direction of the City
Commission. They are discussed in the following section.
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RECOMMENDED CONDITIONS OF APPROVAL
If the City Commission supports the recommendation to stay the demolition of the Bozeman Brewery Building
for six months, the following conditions of approval are recommended by City Staff:
1. The property owner and/or applicant shall submit a written narrative outlining how each of the conditions
of approval and code provisions has been satisfied.
2. The sidewalk adjacent to the property shall remain closed to the public throughout the six month stay of
demolition.
3. New “Sidewalk Closed Ahead” signs shall be installed south and north of the closed section of sidewalk
adjacent to the property. The property owner and/or applicant shall arrange for the installation of these
signs in collaboration with the Bozeman Engineering Department. These signs shall be maintained by the
property owner and/or applicant for the duration of the six month stay of demolition.
4. The property owner and/or applicant shall comply with the Bozeman Building Department requirements
to remediate the concerns of weather protection for the existing anchor bolts.
If the City Commission allows demolition of the Bozeman Brewery Building, whether it is immediate or six
months from their decision, the following conditions of approval are recommended by City Staff:
1. The property owner and/or applicant shall submit a written narrative outlining how each of the conditions
of approval and code provisions has been satisfied prior to issuance of a demolition permit.
2. The property owner and/or applicant shall hire a qualified professional, who meets the Secretary of the
Interior’s Standards for qualified professionals (http://www.nps.gov/history/local-law/arch_stnds_9.htm),
to resurvey the five properties located within the Bozeman Brewery Historic District. Following the
survey work, the qualified professional shall prepare a new National Register of Historic Places
nomination form that supersedes the existing Bozeman Brewery Historic District form. The new
nomination form and all affiliated materials shall be submitted to the National Park Service for a final
determination of whether or not the Bozeman Brewery Historic District can remain listed on the National
Register of Historic Places.
3. If the National Park Service determines the loss of the Bozeman Brewery Historic District, then the
property owner and/or applicant shall hire a qualified professional, who meets the Secretary of the
Interior’s Standards for qualified professionals (http://www.nps.gov/history/local-law/arch_stnds_9.htm),
to prepare the necessary National Register nomination forms in an attempt to individually nominate the
remaining former-contributing properties of the Bozeman Brewery Historic District.
4. If the property owner and/or applicant do not wish to complete all the National Register survey and
nomination work required to meet the conditions of approval prior to issuance of a demolition permit,
then the property owner shall enter into an agreement with the City of Bozeman financially guaranteeing
the completion of all required National Register survey and nomination work.
5. A demolition plan prepared by a certified structural engineer shall be submitted to the Department of
Planning prior to a demolition permit request. The demolition plan shall include the following
information: 1) phasing of demolition that correlates to building plans or elevations and 2) a written
explanation of the demolition activities that will occur in each phase.
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6. The applicant shall attempt to salvage materials of the Bozeman Brewery Building during the demolition
process. A written narrative explaining the process and materials of salvage shall be submitted to the
Department of Planning for approval by Administrative Design Review Staff prior to a demolition permit
request.
7. Following demolition, the property shall be graded flat and cleared of all debris. If outside storage is
proposed on the site, a screening plan shall be submitted to the Department of Planning for review and
approval prior to the issuance of a demolition permit.
8. Any damaged sidewalk along North Wallace Avenue that was damaged during any of the demolition
shall be replaced and meet all City and ADA standards within 90 days of issuance of a demolition permit.
9. The applicant shall work with the Water/Sewer Department to assure that all service lines have been
properly abandoned per code.
10. Construction/demolition traffic shall limit its use of Wallace Avenue as their direct route to the site.
11. Any necessary street closures shall be coordinated with the City of Bozeman Engineering and Street
Departments.
The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this
project prior to receiving final site plan approval. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
Code Provisions
Planning
• Section 18.34.130, a Building Permit must be obtained prior to the work, and must be obtained within
one year of final site plan approval. Building Permits will not be issued until the final site plan is
approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and
approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY
BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
• Section 18.38.080, “Clean Up of Property and Revegetation Required,” the developer shall ensure
that all construction and other debris is removed from the development. This includes concrete, asphalt,
dead trees and shrubs, and fencing materials. All areas disturbed during construction shall be reseeded
with vegetation types approved by the Gallatin County Weed Control Supervisor.
• Section 18.42.160, “Outside Storage,” all materials, supplies, or other similar matter not on display for
direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a 100
percent opaque wall or fence not less than six feet tall. This includes the current pallets of brick stored on
the site. No storage of any type shall be permitted within any required yards.
• Section 18.64.100, “Building Permit Requirements,” a Building Permit must be obtained prior to the
work, and must be obtained within one year of final site plan approval. Building Permits will not be
issued until the final site plan is approved.
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• Section 18.64.110, “Permit Issuance,” states that no permit or license shall be issued unless the use,
arrangement and construction has been set forth in such approved plans and applications.
Engineering
• A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove
solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The
plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water
detention/retention basin details (including basin sizing and discharge calculations, and discharge
structure details), storm water discharge destination, and a storm water maintenance plan.
• The applicant shall submit a construction route map dictating how materials and heavy equipment will
travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development
Ordinance. This shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
• All construction/demolition activities shall comply with section 18.74.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to
adjacent streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer shall be
responsible to reimburse the City for all costs associated with the work if it becomes necessary for the
City to correct any problems that are identified.
CONCLUSION
Over the last two decades, the City of Bozeman has implemented a historic preservation program to protect the
community’s historically and culturally significant resources. The Bozeman Community Plan states how the City
envisions a community with a rich collection of historically and culturally significant resources for the benefit of
all citizens living in and visiting Bozeman. The Community Plan continues to state the City’s mission in regards
to historic preservation: carry out a historic preservation program that protects and promotes Bozeman’s historic
resources so they remain surviving and contributing pieces of our community.2
In addition to the Community Plan’s goals, the risk of losing an entire historic district is justification for a stay of
demolition no less than six months. All financial opportunities that can result in the permanent stabilization of the
remaining Bozeman Brewery Building wall shall be considered prior to a rush towards demolition. Private
financing through a bank may not be the only valid option for the preservation of the remaining wall. Through
collaboration of private and public, alternatives to demolition may quickly emerge. City Staff feels six months is
adequate amount of time that can allow for the consideration of all alternatives.
“Preservationists are often accused of opposing demolition of any and all buildings. In fact, few, if any,
preservationists have that attitude. But preservationists often take the position that demolition permit should not
be issued without knowing what is going to built instead, and without having some surety that the proposed
construction project will, in fact, go forward if the demolition is approved.”3 Considering demolition of a historic
structure before all alternatives are weighed and balanced is not striving toward the community’s goal of
promoting historic resources for their continued survival. Therefore, the Department of Planning is
recommending a stay of demolition for six months to allow the applicant, the Northeast Urban Renewal Board,
the Northeast Neighborhood Association, the general public, and the City Staff to explore alternatives to the
demolition, including but not limited to finding additional funding resources to be used for the permanent
stabilization of the wall.
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Bozeman Brewery Building Demolition Mods to FSP (#Z-07145A) 15
Attachments: Applicant’s Original Application Materials
Applicant’s Additional Application Materials (Structural Engineer Reports)
Bozeman Brewery Historic District National Register Nomination Form
Historic Preservation Advisory Board Meeting Minutes
Northeast Urban Renewal Board Meeting Minutes
Design Review Board Meeting Minutes
Clem Public Comment Letter
NENA Emergency Meeting Notice
Report Sent To: Scala Properties, LLC, 1228 31st Street NW, Level 2, Washington, DC 20007
Goff Architecture Ltd., 201 South Wallace Avenue, Bozeman, MT 59715
1 The Economics of Historic Preservation: A Community’s Leader Guide, “Preservation Economics as Public Policy,”
Donovan D. Rypkema. 2 Bozeman Community Plan, “Chapter 5: Historic Preservation, most recent edition June 1, 2009. 3 The Economics of Historic Preservation: A Community’s Leader Guide, “Preservation Economics as Public Policy,”
Donovan D. Rypkema.
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