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Eau Claire Plan Commission approves minor Land Development Ordinance updates and application-manual clarifications
Summary
The Plan Commission voted 7-0 to adopt several technical corrections and clarifying changes to the city’s Land Development Ordinance and its applications manual, including rules on planned developments, accessory-structure limits, flood-fringe wording consistent with FEMA, and implementation notes for the city’s online permit system.
The City of Eau Claire Plan Commission voted unanimously Thursday to approve amendments to the Land Development Ordinance (LDO) and updates to the LDO applications manual intended to correct errors and add clarifications to the recent code rewrite.
The changes, presented to the commission by staff during the public hearing on item 5, are largely technical and editorial but include several substantive clarifications that will affect how prior approvals and certain development types are handled under the new code.
Staff said the updates are intended to correct “typos, errors and things that we were able to catch in the process” and to reflect feedback the city received from the Wisconsin Department of Natural Resources, among others. The amendments include confirmed effective-date treatment for existing planned-unit developments, clarified accessory-structure limits for low-density residential properties, additions to flag-lot language, and revised flood-fringe language to align with federal (FEMA) guidance.
Noel, a staff member who presented the item, told commissioners that the ordinance text now notes that “prior to the date of October 1, the effective date of this ordinance, those PUDs run with the land” but that if a PUD is amended it should come into closer conformance with the new code. Noel also described changes to accessory-structure rules, saying the code now distinguishes small residential accessory buildings (for one- through four-unit homes) from larger nonresidential or multifamily accessory structures and that the residential building-area maximum in one provision is now clarified as “up to 1,500 square feet or 20% of the gross lot area, whichever is less.”
The amendments also add a flag-lot provision copied from the prior code (minimum widths cited in the staff report as 15 feet for residential flag lots and 25 feet for nonresidential), and updated flood-fringe standards the city negotiated with DNR staff so that nonhabitable spaces beneath the lowest floor—such as parking garages that rely on sump pumps and waterproofing—are addressed consistently with FEMA rules. Noel said the LDO applications manual does not require a separate resolution because it is already cited in the code; the manual will be updated online so applicants see revised checklists and example documents prior to using the city’s Evolve permitting system.
Commissioners asked clarifying questions about whether existing PUD restrictions remain enforceable; Noel confirmed that specified PUD conditions remain in force unless a PUD owner seeks an amendment. No members of the public spoke to the ordinance changes during the public-hearing portion. Commissioner Reid moved approval, Commissioner Holzman seconded, and the motion passed 7–0.
The commission’s approval forwards the amendments and the manual updates to the City Council for final action under the schedule in the packet. Staff noted there may be additional “glitches” to correct as the city implements the brand-new code, and that staff will continue to make editorial fixes as needed.
