News Development Environment Housing
Century Code Receives Unanimous Vote from Eau Claire City Council
amendments to the tree ordinance have been approved, the fee-in-lieu will be voted on in September
words & photos by Evelyn Nelson |
The Eau Claire City Council has unanimously passed a new tree ordinance and Century Code updates at large. This decision paves the way for updated regulations on tree protection, planting, and removal — with further specifics on zoning code implementation anticipated in the near future.
Council convened at City Hall (203 S. Farwell St., Eau Claire) on Monday, Aug. 11, and Tuesday, Aug. 12. These sessions included a public hearing and a legislative session where votes were cast on the proposed Century Code amendments and Land Development Ordinance (LDO) at large.
At the public hearing, Ned Noel, the city’s planning manager, once again presented the proposed amendments voted on by council in the July 22 legislative session, along with recommendations from the Plan Commission from Aug. 4.
“(Council has) had this balancing act between a lot of these reforms of the zoning code,” Noel said. “Whether it's smaller (residential) lots, more housing, reduced parking minimums, and quality life goals like tree preservation.”
During this presentation, Noel named several areas of improvement city planners and staff have taken into consideration — from prior public comment periods and council’s feedback — to ensure a successful implementation of the tree preservation ordinance.
A simplified permit process was among the improvements considered; based on the amendment of the Century Code that would enable property owners to remove up to 10 high-value trees on their lot with fewer barriers.
“If (City Council) does support the adoption of the code, that does not mean this code won’t be touched for another 100 years."
JESSICA SCHOEN
EAU CLAIRE CITY COUNCIL, DISTRICT 1
Noel shared a diagram that would act as a visual guide within the permit process and used by arborists licensed within the city of Eau Claire. The diagram would detail the location of trees to be removed, highlight any possible areas of exemption (e.g. diseased trees) and outline a 30% canopy coverage mitigation plan (whether replanting on-site or applying a fee-in-lieu for later replacement).
Another set of forms was presented by Noel — modeled by existing tree ordinances in Duluth, Minn. and Madison — which would allow the arborist or property owner to self-certify they have followed the ordinance, worked with any necessary permits, and implemented any fees if necessary.
The newly introduced forms would allow for a streamlined process between arborists and the city forestry department — and hopefully eliminate staff burdens, Noel said. At previous council meetings related to the tree ordinance, staff and local organizations expressed concern over lack of manpower in the forestry department.
“(Planning) staff (have) really tried to think through the mechanics of this (ordinance): the implementation, the staff burden,” Noel said. “As we flush this out even more for (council), you’ll be able to see (the whole ordinance) with our cleaned up package in September.”
Noel also presented on the other Century Code amendments being brought to council; these included revisions to stormwater management, LDO title changes, bicycle parking, and more.
Shortly thereafter, a public comment period began. During this time, residents reiterated their support for the proposed ordinance amendments and emphasized the importance of considering affordable housing along with tree preservation efforts.
Local arborists reiterated their call for the City to consider the still-to-be-determined “high-value tree list.” They equally expressed an appreciation for the city planners as they consider the forestry department's current capacity.
City Council and Eau Claire residents reconvened the following Tuesday at 4pm for a final vote on the Century Code amendments and zoning update.
At this legislative session, discussions swiftly moved from the tree ordinance to motions that would reconsider former amendments to change a portion of the Randall Park neighborhood's zoning from Neighborhood Residential District (NR) to a General Residential District (GR).
Following deliberations, where council members expressed their support or opposition to the reconsideration — including an amendment proposed by City Council Vice President Andrew Werthmann to rezone all GR areas to NR, which was later withdrawn — the motion to reconsider the passed amendment was defeated with a vote of 5-6.
City Council member, Jessica Schoen, reminded in-person attendees, city staff, and residents listening in online about the next steps the council will take following the passage of the Century Code.
“If (City Council) does support the adoption of the code, that does not mean this code won’t be touched for another 100 years,” Schoen said. “I and many others have identified areas where things can be improved, but supporting the adoption of the code today does not negate those improvements will happen in the future.”
Ultimately, the city council passed a unanimous vote on the zoning updates; the Century Code will become effective on Oct. 1, Noel shared.
City planning staff are organizing a "cleanup package" to address future concerns related to the Century Code and consider additional amendments as time progresses, he added.
City Council is scheduled to reconvene in September to finalize the proposed fee-in-lieu for tree replacement — currently suggested at $400 per caliper inch removed — as part of the ongoing tree ordinance discussions. At this time, related municipal code updates will also be determined.
Catch up on the first and second part of this developing story online at VolumeOne.org. For the full Land Development Ordinance draft, visit the “documents” webpage of the Century Code update online.
