EC City Council set to act on Zoning Code update this week
What this is about and why the affordability amendments are crucial
In a process that began in 2023, the Eau Claire City Council is set to act at its meetings this week on a complete overhaul of the City's zoning code. It will hold a Public Hearing on Monday, July 21, and is scheduled to take action at its Legislative Session on Tuesday, July 22.
The effort has been dubbed the "Century Code Update," commemorating the 100th anniversary of the City's first zoning ordinance. The process has been led by City Planning Manager Ned Noel with the assistance of a consultant, under the direction of the Zoning Policy Advisory Committee (ZPAC) consisting of the City Council and Plan Commission.
Since the City's latest significant overhaul occurred over 33 years ago, there was a consensus among City leadership and local industry that it was time to review and update the code based upon current housing and economic needs, as well as incorporating best practices. A project overview presentation from February 2024 enumerated 12 primary purposes of the initiative (click here and see pages 7-8 for the complete list), including such goals as "Produce more housing supply, diversity of choices, and affordability," "Improve development process certainties," "Lessen pressure on sprawl and environmental and habitat degradation," "Produce more complete streets and neighborhoods with housing choices, commercial and jobs within walking distance," "Reduce exclusionary zoning practices," and "Educate with evidence-based literature/data on the need for zoning reforms and associated co-benefits." The City Planning Department has posted online the full draft 425-page document.
Chamber supports efforts to enhance housing supply, affordability
The Chamber has been closely watching and involved in the code update process. Its Business Issues Agenda supports the process to "Update zoning codes and policies to eliminate outdated and arbitrary standards in order to encourage infill development, creation of missing middle housing types, a greater diversity of housing choices, compact growth, efficiency of public resources, and the ability to build the types of housing demanded by the marketplace. It is also important to reduce uncertainty in the development process, develop objective standards that can be adhered to without subjective approval processes, and respect property rights."
Affordability advocates and business groups express concerns
Recent letters and communications to the Plan Commission and City Council about affordability have come from the JONAH Affordable Housing Task Force, City of Eau Claire Housing Opportunities Commission, and the Housing Our Neighbors Planning Cooperative, as well as earlier input from the Chippewa Valley Home Builders Association and the Eau Claire Area Chamber of Commerce. Each expressed appreciation for many of the zoning provisions that support the update's goals to "Produce more housing supply, diversity of choices, and affordability." such as those related to lot sizes, gentle density increases, improving development process certainties, and other improvements. However, they pointed out that some provisions should be reconsidered, "given their potential to raising housing costs," including aesthetic standards that have to be recovered in the building price or rental rates, onerous tree preservation standards, mandates for multi-family amenities, and park impact fees. These provisions could inhibit infill development, significantly increase already-challenging construction costs, add red tape, and ultimately make it harder to increase housing supply and improve affordability.

Zoning Code amendments proposed - what needs to be changed
For at least three of the concerns, there will be amendments proposed at the City Council meeting to improve the language to avoid those negative consequences but still achieve the overall goals of the zoning code update:
1. Tree preservation standards: The proposed code currently includes provisions that would require homeowners and builders to replace or pay significant fees for trees over 12 inches in diameter that are removed. At $400 per inch for the required 30% replacement, in some scenarios fees could run into the thousands of dollars even for just a few affected trees.
Proposed amendment: Council members Jessica Schoen and Charlie Johnson are introducing an amendment that would exempt most current lots with four or fewer dwelling units, exempt affordable housing projects, provide more simplified regulations when 10 or fewer trees are removed, and increase the diameter requirement to 14 inches. "These changes ensure our most affordable housing types are not impacted by additional costs while still maintaining a reasonable amount of protections for trees across the community," said Schoen in an email explaining the amendment.
Notes: The Chamber supports this amendment. Tree cover is a desirable community asset, but this is the wrong strategy for achieving actual results. Onerous and expensive standards will inhibit infill development, which overall is better for the environment, more financially productive for the community, and efficiently uses existing infrastructure. Otherwise, it will push development to places other than the City of Eau Claire. There are community-wide strategies and incentives for tree preservation - apart from the zoning code - that would more realistically achieve the same benefits.
2. Aesthetic mandates for two- to four-unit dwellings that limit garage front projections to five feet. This essentially mandates aesthetic taste but would increase costs and inhibit affordability for entry level home buyers, such as those purchasing twin homes, and others occupying homes on the more affordable end of the spectrum.
Proposed amendment: At its June 30 meeting, the Plan Commission endorsed a recommended amendment drafted by Council Member Aaron Brewster to standardize the garage frontage limit at a more reasonable 15 feet, the same as for single family dwellings.
Notes: The Chamber supports this amendment. It establishes affordability and marketability needs as more important that subjective aesthetic taste.
3. Requiring balconies or patios on multi-family projects. The current draft includes amenity requirements for multi-family housing projects that essentially would require about three fourths of the units to have a balcony. The Chippewa Valley Home Builders Assn estimates this would add about $150/month to rent for a typical apartment.
Proposed amendment: The Plan Commission also recommended another amendment proposed by Brewster that would mandate fewer amenity requirements, effectively eliminating the balcony requirement.
Notes: The Chamber supports this amendment. Developers already include balconies on many projects as determined by market demand, but eliminates it as a mandate that would inhibit projects trying to serve people where a lower rent cost is essential.
Additional concern: Provisions for parkland dedication and impact fees. The Chippewa Valley Home Builders Association points out that this could add over $2,300 to the cost of a single-family lot, over $1,900 to a twin home unit, and considerable costs to multi-family developments. Since the city is currently assessing its portfolio and use of parks, we encourage the Council to postpone enactment of this section until such analysis is completed. We do not know at press time whether an amendment will be proposed for this section.

What YOU can do:
• Take a moment right now to contact the eleven members of the Eau Claire City Council and ask them to address these concerns and approve these amendments. In your own words, let them know briefly why you're concerned about housing supply and affordability in our community. If you live or do business in the city, explain that connection.
Click here to send an email to all City Council members
Click here for individual contact information for each City Council member
• Speak at the Public Hearing on Monday evening at 6:00 p.m. There is a three-minute time limit.

More information:
Century Code Update full website (City of Eau Claire)
Full zoning code documents (City of Eau Claire)
Housing affordability advocates and the business community communications:
  Zoning letter - JONAH Affordable Housing Task Force (JONAH)
  Zoning Letter (Housing Opportunities Commission)
  Zoning communication (Housing Our Neighbors Planning Cooperative)
  Chamber letter to Zoning Policy Advisory Comm (Eau Claire Area Chamber of Commerce)
  Remarks to June 30 Plan Commission (Scott Rogers, Eau Claire Area Chamber of Commerce)
  Remarks to July 7 City Council Meeting (Scott Rogers, Eau Claire Area Chamber of Commerce)
  Comments and Recommendations about the Proposed Zoning Code (Chippewa Valley Home Builders Association)

Recent media coverage:
Century Code Update nears adoption, but tree protections seen as too strict (WQOW News 18)
Proposal in Eau Claire Century Code Update growing into controversy (WEAU 13 News)
Homebuilders association says some zoning changes will impact homeowners (Leader-Telegram $)
City Council to tackle Century Code Update and more (WQOW News 18)
Our View: Tree preservation should focus on the carrot, not the stick (Leader-Telegram editorial $)

What else is on the City Council Agenda this week
Monday's Public Hearing: In addition to comments on the zoning code update, the Council will also hear comments about a proposal to update the City's definition of heritage and high value trees (see pages 12-13 of the Monday Agenda Packet linked below), and adding "Urban Forestry" to the name and functions of the City Waterways and Parks Commission (see pages 14-16).
At its Legislative Session on Tuesday, the Council will hear an annual report from Downtown Eau Claire, Inc. (DECI), including details on its use of public funds (see pages 44-55 of the Tuesday Agenda Packet linked below). After the meeting, the Council will hold a work session "on the water rate structure for utility billing in preparation for filing a water rate case with the Public Service Commission" (see page 90).
More information:
Eau Claire City Council
• Monday, July 21, Public Hearing Agenda Packet (16 pages)
• Tuesday, July 22, Legislative Session Agenda Packet (96 pages)
  Budget Process and current documents (City of Eau Claire)
  Link to videos of city meetings (City of Eau Claire)
  City Council Online Agenda Item Comment Form (City of Eau Claire)
  City Council online comment form (City of Eau Claire)
  Contact information: City Council members (City of Eau Claire)
  City News Updates -incl. City Manager's Update (City of Eau Claire)

Also meeting this week...
Full public meetings calendar
Eau Claire School Board
• Monday, July 21, 7 p.m. Meeting information
Altoona Plan Commission
• Tuesday, July 22, 5:30 p.m. Meeting information
Altoona City Council
• Thursday, July 24, 5 p.m. Meeting information