Fort Missoula Commons Historic Preservation Appeal

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PROJECT DESCRIPTION:

The Missoula City Council will hold a public hearing on an appeal to the May 3, 2023 Historic Preservation Commission (HPC) decisions to deny two permit applications regarding the proposed Fort Missoula Commons project, including (1) the historic preservation permit for the proposed exterior alterations to the historic post hospital building and new construction on the parcel located at 3255 Lt. Moss Road; and (2) The Historic Preservation Permit for the demolition of the garage on the same parcel.

The City’s zoning ordinance (20.85.100) provides that the Historic Preservation Commission’s denial of the two permits may be appealed within 30 days to City Council and sets forth the procedures for the appeal. An appeal was filed by the applicants on June 1, 2023. A City Council public hearing on the appeal is required by City zoning regulations. Under City law, the City Council must grant the HPC’s decision to deny the two permits a presumption of correctness, placing the burden of persuasion of error on the appellant.

PROJECT BACKGROUND:

On May 3, 2023, the Historic Preservation Commission voted to deny the historic preservation permit for the Fort Missoula Commons project.

City of Missoula Community Planning, Development, and Innovation received a complete application for two Historic Preservation Permits for the Post Hospital parcel located at 3255 Lt. Moss Rd. within the Fort Missoula Historic District and Historic Fort Missoula Neighborhood Character Overlay. The property is subject to review by the Missoula Historic Preservation Commission pursuant to Section 20.85.085 and 20.25.070 of the Missoula Title 20 Zoning Code.

Review criteria for Historic Preservation Permits for alterations and new construction can be found in Section 20.85.085 of the Missoula Title 20 Zoning Code. Additional review criteria for the Historic Fort Missoula Neighborhood Character Overlay can be found in Section 20.25.070 of the Missoula Title 20 Zoning Code. Review criteria for demolition of historic resources can be found in Section 20.85.085.J of the Missoula Title 20 Zoning Code.

PROJECT LINKS:

The project application can be found here.

KEY DATES:

On 9/25/23, City Council voted to postpone the October 2nd Fort Missoula Commons Historic Preservation Appeal Public Hearing. All dates below will be updated when the new public hearing date has been set. Public comments will continue to be collected and should be submitted to fortmissoulacommons@ci.missoula.mt.us.

The City Council Agenda with this item and related attachments will be posted at www.ci.missoula.mt.us/webcasts on September 29, 2023

FAE Missoula Hospital, LLC (Appellant), Save the Fort (amicus), and the City may submit briefs no longer than 10 pages, double-spaced, for the City Council's consideration by September 28, 2023 at 5:00 p.m. The pre-public hearing briefs will be posted for the public to view on Engage Missoula and www.ci.missoula.mt.us/webcasts on September 29, 2023 at 5:00 p.m

Public hearing date: City Council Meeting. Monday, October 2nd, 2023 @ 6pm.

Attorneys representing the appellants, Save the Fort and city staff may each submit a 5 page written response to the October 2, 2023 public hearing and a set of proposed findings of fact and conclusions of law for the City Council’s consideration. The documents must be submitted by October 16, 2023 at 5:00 pm and will be posted on the Engage Missoula website on October 17, 2023 at 5:00 p.m. and included on the City Council October 19 agenda.

The City Council will meet in special session to decide the appeal on October 19, 2023 at 9:00 a.m. Council will endeavor to finalize their decision at this meeting. The City Council meeting agenda will be posted October 17, 2023 at 5:00 p.m. at: www.ci.missoula.mt.us/webcasts

All meetings will be held in a hybrid format, in person at the City Council Chambers at 140 W. Pine St. and virtually via Microsoft TEAMS, with more information posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes.

PUBLIC COMMENTS:

Public Comments can be submitted to fortmissoulacommons@ci.missoula.mt.us or by mail to City Clerk, 435 Ryman, Missoula, MT 59802.

PROJECT PLANNER:

The project planner is Elizabeth Johnson, Historic Preservation Officer. She can be reached at johnsone@ci.missoula.mt.us

PROJECT DESCRIPTION:

The Missoula City Council will hold a public hearing on an appeal to the May 3, 2023 Historic Preservation Commission (HPC) decisions to deny two permit applications regarding the proposed Fort Missoula Commons project, including (1) the historic preservation permit for the proposed exterior alterations to the historic post hospital building and new construction on the parcel located at 3255 Lt. Moss Road; and (2) The Historic Preservation Permit for the demolition of the garage on the same parcel.

The City’s zoning ordinance (20.85.100) provides that the Historic Preservation Commission’s denial of the two permits may be appealed within 30 days to City Council and sets forth the procedures for the appeal. An appeal was filed by the applicants on June 1, 2023. A City Council public hearing on the appeal is required by City zoning regulations. Under City law, the City Council must grant the HPC’s decision to deny the two permits a presumption of correctness, placing the burden of persuasion of error on the appellant.

PROJECT BACKGROUND:

On May 3, 2023, the Historic Preservation Commission voted to deny the historic preservation permit for the Fort Missoula Commons project.

City of Missoula Community Planning, Development, and Innovation received a complete application for two Historic Preservation Permits for the Post Hospital parcel located at 3255 Lt. Moss Rd. within the Fort Missoula Historic District and Historic Fort Missoula Neighborhood Character Overlay. The property is subject to review by the Missoula Historic Preservation Commission pursuant to Section 20.85.085 and 20.25.070 of the Missoula Title 20 Zoning Code.

Review criteria for Historic Preservation Permits for alterations and new construction can be found in Section 20.85.085 of the Missoula Title 20 Zoning Code. Additional review criteria for the Historic Fort Missoula Neighborhood Character Overlay can be found in Section 20.25.070 of the Missoula Title 20 Zoning Code. Review criteria for demolition of historic resources can be found in Section 20.85.085.J of the Missoula Title 20 Zoning Code.

PROJECT LINKS:

The project application can be found here.

KEY DATES:

On 9/25/23, City Council voted to postpone the October 2nd Fort Missoula Commons Historic Preservation Appeal Public Hearing. All dates below will be updated when the new public hearing date has been set. Public comments will continue to be collected and should be submitted to fortmissoulacommons@ci.missoula.mt.us.

The City Council Agenda with this item and related attachments will be posted at www.ci.missoula.mt.us/webcasts on September 29, 2023

FAE Missoula Hospital, LLC (Appellant), Save the Fort (amicus), and the City may submit briefs no longer than 10 pages, double-spaced, for the City Council's consideration by September 28, 2023 at 5:00 p.m. The pre-public hearing briefs will be posted for the public to view on Engage Missoula and www.ci.missoula.mt.us/webcasts on September 29, 2023 at 5:00 p.m

Public hearing date: City Council Meeting. Monday, October 2nd, 2023 @ 6pm.

Attorneys representing the appellants, Save the Fort and city staff may each submit a 5 page written response to the October 2, 2023 public hearing and a set of proposed findings of fact and conclusions of law for the City Council’s consideration. The documents must be submitted by October 16, 2023 at 5:00 pm and will be posted on the Engage Missoula website on October 17, 2023 at 5:00 p.m. and included on the City Council October 19 agenda.

The City Council will meet in special session to decide the appeal on October 19, 2023 at 9:00 a.m. Council will endeavor to finalize their decision at this meeting. The City Council meeting agenda will be posted October 17, 2023 at 5:00 p.m. at: www.ci.missoula.mt.us/webcasts

All meetings will be held in a hybrid format, in person at the City Council Chambers at 140 W. Pine St. and virtually via Microsoft TEAMS, with more information posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes.

PUBLIC COMMENTS:

Public Comments can be submitted to fortmissoulacommons@ci.missoula.mt.us or by mail to City Clerk, 435 Ryman, Missoula, MT 59802.

PROJECT PLANNER:

The project planner is Elizabeth Johnson, Historic Preservation Officer. She can be reached at johnsone@ci.missoula.mt.us

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Page last updated: 27 Sep 2023, 10:20 AM