Final update - A sad conclusion, but big picture hope remains
October 13 was a hard day. MPA and so many passionate preservationists and community members from across Milwaukee worked extremely hard to save this significant historic site. Despite the public and the City's support for preservation, its local historic designation, and the interest of an established preservation-minded buyer, the historic 1919 Columbia Hospital appears poised to fall to the wrecking ball in the very near future (December 15 update - demolition has begun).
At a circuit court hearing in early October, the City's request for an injunction preventing the demolition of the building while its legal appeal proceeded was denied, allowing UWM to proceed with demolition. Stories in Urban Milwaukee and the Journal Sentinel tell the disappointing and frustrating tale.
The larger question of the authority of the City to protect historic State-owned buildings through its preservation ordinance remains, however. The City, through the Historic Preservation Commission, has elected not to proceed with their appeal to pursue this question in court but is instead seeking a workaround by way of changing the ordinance itself. The City is now planning to investigate a change to its preservation ordinance to explicitly tie designation to a zoning overlay. The legal case against the City's authority to regulate State-owned buildings hinged on whether the ordinance was a permitting (State except) or zoning (State not exempt) issue, and the Court concluded that it was a permit. By making explicit the ordinance's tie to zoning, the City could effectively skirt the issue going forward and negate a similar situation from transpiring with future designated State-owned buildings. Thanks to MPA's outreach, the National Trust for Historic Preservation will continue to bring their broad experience and legal expertise to the table as resource for the City as they develop this ordinance change. See more details on Urban Milwaukee.
We are truly grateful to the many, many people who worked so hard to protect this important piece of our community and are deeply sad to see it lost. Everyone involved in the effort to save the Columbia Hospital should be very proud of the work accomplished and the increased awareness it brought to the importance of preserving places that matter to our community. We will continue to provide updates as they're available on the building and potential changes to the local preservation ordinance, which may yet be strengthened as a result of the Columbia Hospital efforts. Onward!
August 26 update
The work to save Columbia Hospital and preserve Milwaukee's preservation tools continues! On August 18, the City of Milwaukee filed an appeal to the court's July ruling in favor of the State. This sends the question to Court of Appeals for further consideration of the central question of whether the City's Certificate of Appropriateness (COA) is a zoning or permit exercise. The State is exempt from local permit requirements but not local zoning. Based on the court's decision and language, the ruling may set a statewide precedent that would have implications for the current authority the City believes it has to require a COA for work on State-owned historically designated buildings. The process is expected to play out over the next 8-9 months, when a decision would likely be reached. Details of the case can be found here.
We're also very pleased that MPA was able to enlist the support of the National Trust for Historic Preservation, America's nationwide preservation advocacy organization. The National Trust has taken an interest in the case and is bringing its extensive knowledge of preservation law nationwide to bear on the Columbia Hospital case, demonstrating just how important the outcome is to maintaining our ability to protect places that matter to Milwaukeeans through the public process that historic designation provides.
With the ongoing demolition work already taking place at the site, what does this mean for Columbia Hospital itself? The filing of the appeal does not necessitate that demolition work stop, so the City has filed a separate motion for relief pending appeal requesting the restoration of the injunction against demolition. This request will likely heard in a few weeks and if granted would prevent any further demolition work while the appeal case in ongoing. Details on this motion can be found here.
In the meantime, we are continuing to work toward a win-win preservation solution with a prospective buyer. It is MPA's belief that a win-win solution meeting the needs of the university, neighborhood, and wider community can yet be reached.
We will continue to provide additional details on the developing situation as soon as they are available.
July 12 update
Monday's Historic Preservation Commission (HPC) meeting illuminated a few details on the implications of the June 30 ruling allowing UWM to proceed with demolition of the historic Columbia Hospital but leaves many questions to be determined.
It appears that the case may apply not just to demolition of individually designated State-owned sites, but to any regulatory authority under the preservation ordinance (demolition, alteration, new construction) at State-owned sites as well as districts.
At this point, the City is considering whether or not to appeal, which poses potential risks and benefits summed up nicely in a recent Urban Milwaukee article: "The matter right now governs just this specific case, but an appeal could establish a statewide ruling if the city loses … an appeals court ruling against the city carries the risk of invalidating the application of all local historic preservation ordinances against state-owned properties." Essentially, the ultimate implications of the ruling would be clarified and set a clearer precedent if the case were appealed to a higher court, for better or worse for preservationists based on the outcome.
It was also clarified that the City has until August 19 to file an appeal, which would need to focus on reframing the arguments around the central question of whether the City's Certificate of Appropriateness is a zoning (State not exempt) or permit (State exempt) exercise. The HPC is scheduled to meet with the City Attorney at their August 1 3:00pm meeting in a closed session to discuss the possibility of an appeal.
We will continue to provide additional detail as soon as they are available and are continuing to work toward a win-win preservation solution with a prospective buyer. We will continue to advocate against any action limiting or weakening our important preservation tools.
July 7 update In a disappointing day, at the June 30 hearing of Milwaukee County Case Number 2022CV002791, City of Milwaukee vs. Board of Regents of the University of Wisconsin System, the court decided in favor of the Board of Regents (the State), paving the way for the demolition of the historic Columbia Hospital building. The court ruled in essence that in this case, the Certificate of Appropriateness (COA) required to be obtained from the City's Historic Preservation Commission in order to receive a demolition permit acts as a permit, from which the state is exempt, and that the City does not have the authority to require the State to go through the COA process as a factor of the City's zoning powers, which allow the preservation ordinance to exist.
We are working to understand what the implications of this ruling will be. For the Columbia Hospital itself, it appears to indicate that the State could go forward with demolition at any time. Wider implications may exist as well, and the ruling could limit the ability of local governments to enforce historic preservation ordinances' demolition controls on individually designated State-owned buildings statewide. Interestingly, it appears as though the ruling would apply only in these situations, and not necessarily to State-owned buildings in historic districts, COAs for alteration other than demolition for State-owned buildings, or to properties owned by other entities. The City does have 20 days to appeal and may or may not decide to do so.
Some of these details may come into focus at the HPC's 3pm Monday, July 11 meeting, which will provide an opportunity for discussion between the commission and the City to understand the ruling and possible next steps. This meeting is open to the public and can be viewed live on the Milwaukee City Channel. The public can also attend in person at City Hall Room 301-B. The meeting will also be recorded and available to watch later here (more details about the meeting are also available at this site).
An additional glimmer of hope remains, as we have been in communication with an experienced buyer who has expressed interest in rehabilitating the property. We remain hopeful that a win-win-preservation solution can still be achieved!
MPA will continue to do all we can to secure a long term preservation solution for this important property and work to limit any weakening of our important preservation tools. Regardless of the final outcome, we can all be proud of the way the community came together to honor and protect a place that is important to our city and its people. Together we will move forward!
June update After being granted local historic designation recently by the City of Milwaukee in April, the future of the historic 1919 Columbia Hospital is now likely to be determined in court. The building's current owners - UWM - have questioned whether the local preservation ordinance applies to state entities. The City has now applied for and received a temporary restraining order to prevent demolition. Virtual hearings took place on May 10 and 16, and a follow up hearing is scheduled for Thursday, June 30, at 3:00pm. There will likely be a ruling at this hearing about whether or not state entities are required to follow local preservation ordinances. This will have important ramifications beyond this building, but for the hospital itself, it will also likely determine whether the university can proceed with demolition or will be required to follow the established process for designated buildings of applying for a Certificate of Appropriateness for demolition through the City's Historic Preservation Commission as part of a public process.
Columbia Hospital receives local historic designation! The community saw incredible success at the Milwaukee Zoning, Neighborhoods & Development Committee (ZND) on April 12, with the Committee's unanimous support of historic designation! This was followed on April 19 with the Common Council's acceptance of this recommendation and the official historic designation of the building! This is a huge step forward for the protection of this important community landmark, the environment, and public process. We cannot overemphasize how important YOUR voices were in reaching this point. Over 50 people wrote to their elected officials and ZND members in support, and many took time out of their busy days to testify virtually and in person on the importance of designating this historically significant site. Thank you!!
What's next?
The building now has permanent historic designation, and any attempt to demolish will need to go through a public process to receive approval from the HPC. This means that the public will always have a say in the future of this public asset. This is great news! It does not mean the building is protected from demolition in any circumstance, however. As a State entity, the university has questioned whether it is required to abide by local preservation ordinances. Additionally, the owner of a designated building can file for demolition at any time, which would initiate a new public process before HPC to determine if the building meets the criteria for demolition of a designated building. Even if HPC denies a demolition request, this decision can be appealed to ZND and ultimately Common Council, who can approve demolition even of a designated building. But the public has a voice every step of the way now, and the designation allows time for the owners (UWM) and others to work together to find a new use for the building that benefits the owner and the community. It is this ultimate win-win that preservation is all about, and we now have the possibility of reaching an outcome that benefits the university, the community, and the environment!
Please stay tuned here and make sure you're signed up for our emails below for the newest details as they're available. Your voice may be needed again very soon if the owner submits for demolition, but you should be proud of the part your voice has played in ensuring this special building has a chance at a new life!
Keep reading below to learn more about the building, its history and significance, earlier demolition plans, the historic designation process, and more.
THE BACKSTORY
The University of Wisconsin - Milwaukee moved forward earlier this year on plans to demolish the historic 1919 Columbia Hospital building. The University purchased the building in 2010 for $20.2 million. In the ensuing years, however, the building saw little investment and its condition began to deteriorate. In early 2020, plans were announced to demolish the building for "green space" and future development. The university cited an agreement with neighbors that prohibits the building from being used for student housing and a layout and condition that make it infeasible for academic uses as necessitating the demolition.
While we understand the funding challenges and desires of the university, the unfortunate treatment of this historic building, which is eligible for the National Register of Historic Places, appears to be an example of demolition by neglect, where the owner purchased a property of historic significance to be the next steward of its long legacy, allowed its condition to deteriorate, and seeks to demolish it because of its condition and seeming inability to fit into current needs.
There are many places in our community, however, that are truly significant to the community for their historic and cultural value. To demolish and landfill such a community asset for a vacant lot erodes the entire community's architectural and cultural history. To simply demolish a place that has been so important to so many for a vacant lot does not honor the spirit this pioneering hospital embodies. How we treat our history says a lot about what we value today and what we believe is possible for the future. Lives began, were saved, were lost, and so much more within these walls…maybe one of them was even yours?
The public spoke up for the preservation of this important site, however. Milwaukee's Historic Preservation Commission (HPC) granted the buildingtemporary local historic designation on March 7, which provided a hold on demolition for 180 days, or until Common Council ruled on permanent designation.
Common Council approved permanent designation on April 19, meaning any changes to the building, including demolition, now need to be approved by the HPC as part of a public process.
Why was preservation the right choice?
It has historic significance and value to the community.
Restoration rather than landfilling is the environmentally responsible choice.
It has useful life left to contribute to the community.
Demolition would destroy this landmark for an empty lot. The community deserves better.
The building has incredible historic significance. Architecturally, the building is a standout example of Georgian Revival design. It is also a rare example of a property with numerous additions which do not diminish the property’s integrity. Many of these additions are the work of Eschweiler & Eschweiler, among the most celebrated Milwaukee architects of the 20th century. The original 1919 building designed by Schmidt, Garden & Martin is one of a very limited number of the 300 hospitals designed by this important firm that remain in the country, and may be the only one from this period. Richard E. Schmidt was an expert in hospital design with a distinct design ideal who authored publications on the subject espousing his views and featuring Columbia Hospital. This design follows the “pavilion plan” popularized by Florence Nightingale and others in the 19th century. This double-loaded corridor plan with endcap bay windows was meant to constantly circulate fresh air, which was thought to be beneficial in preventing the spread of contagious disease. Importantly, this is one of few remaining intact examples of this influential hospital design in Milwaukee. Columbia Hospital was also a medical pioneer in Milwaukee, playing a leading role in medical research throughout its existence, serving as the first hospital in the city to feature a complete laboratory, and playing host to many prominent, groundbreaking physicians over the years.
The nomination and HPC staff Study Report recommending designation are available here and provide a complete history of the property and its significance.
At this time, the University has not indicated any future plans for the site, nor would there have been a public process required for future building on the land if the building was not designated. As a State entity, the University system uses public funds, and we believe that after purchasing the building in 2010 and providing limited maintenance over the years, the responsible choice is to maintain that investment through adaptive reuse rather than using more public funding to demolish. If the building is demolished, the result will have been millions of dollars spent over more than a decade to gain an empty lot. Designation requires a public process before this can happen.
Demolition would also be directly counter to the university's and the City's efforts to limit environmental impact and add almost 11,000 tons of usable building material to our local landfills. Rehabilitation rather than demolition would have the same impact on waste generation as if 49,000 people (8% of the City's population) never used a plastic bag for their entire life. For another comparison, reusing Columbia Hospital rather than demolishing and building new would have the same impact as 22,534 Milwaukeeans not driving for an entire year! In short, demolition has an enormous environmental impact that would negate so much of the hard work being done throughout the city to reduce our environmental footprint.
Just like the 1869 Old Main building on the Soldiers Home campus - which was at one point called too costly to repair but now provides housing for homeless veterans - we know the Columbia Hospital building can contribute meaningfully to the Milwaukee community for many years to come. Together we can ensure this important place can continue to serve Milwaukeeans as well!