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Delafield council approves amended tree mitigation for 805 Wells, adds two hackberries in 4–3 vote
Summary
The Delafield Common Council on Dec. 15 approved an amended conditional use for the 805 Wells development, changing replacement-tree species to musselwood and adding two hackberries on Lake Street. Council approved the amendment on a 4–3 vote after residents and the developer discussed placement and penalty amounts.
The Delafield Common Council approved an amendment Dec. 15 to the conditional use permit for the 805 Wells development that changes the species of replacement trees and adds two additional hackberry trees along Lake Street.
Resident Joanne, who spoke during the citizen-comment period, urged the council to replace removed trees with smaller, Wisconsin-hardy species and proposed two musselwood (Wisconsin red) trees and two hackberries instead of the originally recommended sugar maples. Developer representative Tyler Foster told the council the applicant was open to changing species and placement and had shown the musselwood species in the submitted landscape plan after discussions with staff.
Council members debated whether adding two more trees without re-referral to the Planning Commission was appropriate. One councilor objected to changing the Planning Commission recommendation without further review; others argued the additional plantings and species change better mitigate the loss of a large protected beech tree. Staff said the packet recommendation had called for two sugar maples, that a landscaper estimate had been used to set a mitigation payment, and that language was added so the city forester would determine final tree locations to avoid repeated resubmissions.
After debate, a council amendment to add two hackberry trees was adopted by a 4–3 vote. The overall motion — approving the Planning Commission recommendation with the species change to musselwood, adding the two hackberries, and delegating exact placement to the city forester — passed by a 4–3 vote.
The meeting record cited a mitigation payment estimate in the $12,000–$12,800 range (the transcript references both about $12,750 and $12,007.50 in different places); council discussion noted competing appraisals had been obtained but that the developer agreed to the payment assessed under city code. During debate a council member told the applicants the conditional-use requirement had been violated; the applicant responded that the removal was unintended, that they ‘came clean on it right away,’ and that they had worked with staff to remedy the situation.
Council directed the developer to work with city staff and the city forester on final tree locations. The conditional use amendment and the added plantings are now part of the approved permit; the council noted staff could use the city’s tree fund and the penalty fee if additional street plantings are later warranted.
The council also approved, by voice vote, a separate consent item consenting to an assignment of the developer agreement from the original LLC name to 805 Wells, LLC. The council approved other planning items later in the meeting.
