TO TREE OR NOT TO TREE. The Eau Claire Plan Commission held a special meeting on Aug. 4 to examine amendments proposed by the Eau Claire City Council  on July 22. Three of the proposed amendments were related to the Century Code Update's tree ordinance, in attempts to relax the suggested standards placed on homeowners who would be impacted by the preservation requirements.

Two weeks have passed since the Eau Claire City Council gathered to vote on the proposed tree ordinance (which we explained in a July 24 article) part of the Century Code Update. Public comments were heard once again this week as the discussion on tree preservation continues.

The Eau Claire Plan Commission convened a special meeting at 6pm on Monday, Aug. 4, at City Hall (203 S Farwell St.). The purpose of this meeting was to examine amendments proposed by council during their previous legislative session on July 22 — and possibly return them back to council for consideration.

Amendments brought to Plan Commission

Four amendments were brought forward, guided by a presentation from city Planning Manager Ned Noel. Three of the four amendments were related to the Tree Preservation and Canopy Enhancement section (17.07.04) of the current Land Development Ordinance (LDO) within the Century Code draft.

The first amendment would exempt all 1-2 unit dwellings from tree mitigation requirements, along with striking the 10,000 square foot lot size requirement in the original ordinance; the second amendment exempts housing projects that contain at least 25% affordable housing units, or less than 60% of the County Median Income (CMI), and are deed restricted for 30 years; the third would relax the number of "high-value" tree species required to qualify for a simplified permit from five to 10 trees.

Eau Claire's "high-value tree list" has yet to be determined by City Forester Matt Staudenmaier.

Noel indicated that most council members believed the burden on existing homeowners — to meet the proposed requirements — should be lessened. Each of the three tree-related amendments passed aim to “reduce the requirements on homeowners or low-density residential requirements for tree preservation,” Noel said.

The fourth amendment, which would require bicycle parking be within 25 feet or less from the primary entrance of commercial properties, was also passed by council and brought to Plan Commission.

Public comments note endorsements, concerns

After the four amendments were introduced, a public comment period took place where residents and stakeholders shared their thoughts on the amendments and potential implementation.

The proposed amendments received support from some representatives of local organizations, including Christina Thrun of the Chippewa Valley Home Builders Association (CVHBA) and Scott Rogers of the Eau Claire Area Chamber of Commerce.

The proposed amendments aim to “reduce the requirements on homeowners or low-density residential requirements for tree preservation."

Ned Noel

PLANNING MANAGER, CITY OF EAU CLAIRE

Rogers, who represented the chamber’s values on housing supply and affordability, encouraged the endorsement of the three tree-related amendments. The chamber believes they bring balance to “competing priorities.”

“Encouraging infill housing is overall better for the environment, more financially productive for the community, efficiently uses existing infrastructure, and lessens the pressure on sprawl,” Rogers said at the Aug. 4 meeting.

On behalf of the CVHBA, Thrun believes the amendments would allow city staff and the forestry department to better enforce the Tree Preservation and Canopy Enhancement requirements — given the lack of capacity and staffing addressed at former council meetings by Staudenmaier.

On Aug. 4, Plan Commission recommended a motion to approve the Land Development Ordinance (LDO) amendments for the Century Code Update. The six commission members voted unanimously, 6-0.

Eau Claire County tree servicers and arborists voiced their clients' direct feedback during the public comment period.

Chris Klueger, owner of Arbor Oaks Tree Service in Eau Claire, shared immediate feedback from clients, which resulted from the initial proposed tree ordinance.

Arbor Oaks and other tree servicers encourage alternatives to preemptive tree removal. However, due to concerns about incurring a fee-in-lieu if a tree isn't replaced, clients now seek to bypass this $400 fee entirely by performing tree removals before the new ordinances take effect in the future.

“I've already received several calls from homeowners asking to take down perfectly healthy trees, just in case the ordinance would pass,” Klueger said.

Staff from Tree Savvy (S11265 Co. Rd. F, Eleva) and financial advisors from Edward Jones were among other community stakeholders who spoke in the Council Chambers, endorsing the three proposed tree-related amendments.

Luke Mahal, the owner of Tree Savvy, mentioned the importance of replanting standards if the tree ordinance is implemented; standards would help ensure new growth viability.

“I've already received several calls from homeowners asking to take down perfectly healthy trees, just in case the ordinance would pass."

Chris KluEger

owner, Arbor Oaks Tree Service

After the public comment period closed, the Plan Commission made a motion to approve the LDO amendments for the Century Code Update. The six commission members voted unanimously, 6-0.

Due to Wisconsin’s “repeal and replace” law regarding zoning codes, any amendments to the Century Code Update require a follow-up recommendation from the Plan Commission, and thus return to council for a final vote, Noel said.

Input on "high-value tree list"

Prior to and following the Aug. 4 special meeting, city planning staff and local stakeholders discussed next steps – and nuances – yet to be determined as part of the tree ordinance. Several arborists expressed concern regarding the "high-value tree list," which has not been created or presented yet.

Eau Claire City Council will hold a public hearing at 6pm on Monday, Aug. 11 to re-introduce the recommended amendments. Council will vote on these amendments during a legislative session on Aug. 12.

Staudenmaier said the concept of a “high-value tree list” can be subjective and difficult to create, because a tree’s value is not solely determined by its species or genus.

Tasked by city planning on behalf of the city's forestry department to create this list, Staudenmaier voiced worries that the list could become arbitrary over time and that his staff may lack the capacity to enforce it.

“To give my office that kind of latitude, is frightening in a way,” Staudenmaier said. “We have four people in our forestry division currently and we have over 30,000 trees that we're trying to maintain. It’s not really feasible for us to be able to take on more work.”

Staudenmaier still hopes to emphasize the advantages of tree planting and the significance of diversity and resilience of the environment in Eau Claire’s urban landscapes.

He was unable to confirm the timeline for determining a high-value tree list, though a decision may be confirmed in future meetings with city planners.

Eau Claire City Council will hold its next public hearing at 6pm on Monday, Aug. 11. Public comment period will be available for Eau Claire residents and business or property owners. A legislative session is scheduled for the following Tuesday at 4pm on Aug. 12, to vote on the recommended LDO amendments.

This is a developing story; read Volume One's previous breakdown of the tree ordinance online. To view upcoming City Council and other meetings' schedules, visit the City of Eau Claire's public notices and meetings webpage online. Packets for the Aug. 11 and Aug. 12 City Council meetings are also available to view on the city of Eau Claire website.