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HomeMy WebLinkAboutIIIPLAN COMMISSION STAFF REPORT OCTOBER 21, 2008 ITEM III: FLOODPLAIN ZONING MAP AMENDMENT: 459 NORTH WASHBURN STREET GENERAL INFORMATION Petitioner/Owner: Arthur Pommerening Action(s) Requested: Amendment to the City's Floodplain Zoning Map changing base flood elevations. Applicable Ordinance Provisions: Zoning Ordinance 30-49(A)(4): Any fill or floodplain encroachment that obstructs flow, increasing flood height by 0.01 foot or more. Background Information: A bridge structure was constructed over Sawyer Creek at 459 North Washburn Street to access the western portion of the property. Prior to the construction of said bridge, the petitioner petitioned the Federal Emergency Management Agency (FEMA) to provide a Conditional Letter of Map Revision (CLOMR) to the Floodplain Zoning Map and the Flood Insurance Rate Map (FIRM) adjusting the base flood elevations listed, based not only on the proposed bridge but also the removal of a corrugated metal pipe culvert and the Naslund bridge. The process for floodplain map amendments is the applicant first applying for a Conditional Letter of Map Amendment or Revision (CLOMA/CLOMR) from FEMA. Following the issuance of the CLOMA/CLOMR based on an intended action, the applicant conducts the activity for which the amendment is requested and conducts research on the affects of said activity. Results are then submitted to FEMA in order to have an official Letter of Map Amendment or Revision (LOMA/LOMR) issued which officially adjusts the FEMA Floodplain and FIRM Maps. The local floodplain map amendment action is required because local municipalities are required to adopt both the model Floodplain Zoning Ordinance and Floodplain Zoning Map to allow its citizens to be eligible to participate in the national flood insurance programs. Therefore, in order for the City of Oshkosh to provide community acknowledgment of base flood elevation changes as described within the CLOMR and required for submittal of the LOMR, the City's Plan Commission must make recommendation on the change and the City Council must adopt the change. ANALYSIS Following the construction of the bridge on the property located at 459 North Washburn Street, the applicant and property owner contracted Davel Engineering, Inc. to perform an analysis on the changes to the characteristics of the floodplain and floodway boundaries and the base flood elevations. This analysis was conducted and it was determined that the physical limits of the floodplain will not be affected but that the base flood elevations within the floodplain following the bridge construction will see a maximum increase of 0.018 feet and a maximum decrease of -0.025 feet. It is important to note that these flood profile changes are happening only within the boundaries of the petitioner's property and have been determined not to have any affect on neighboring properties up or downstream. A letter of confirmation by the State of WI Department of Natural Resources stating compliance with NR 116 has been submitted with the application material. As the affects of the bridge construction can be considered negligible and are limited to minimal flood profile changes on-site as referenced and documented in the CLOMR and statement of the DNR, staff supports the floodplain amendment request. RECOMMENDATION/CONDITION S Staff recommends approval of the floodplain zoning map amendment as requested. Item III-Floodplain Map Amendment OIHKOIH ON THE WATER City of Oshkosh General Application **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: Arthur Pommerening Petitioner's Address: 237 N. Washburn Street Telephone #: (920) 236.3100 Fax: (920) 236.3102 Other Contact # or Email: State: Wi Zip: 54904 Status of Petitioner (Please Check): ^/ Owner ^Representative ^Tenant ^ Prospective Buyer Petitioner's Signature (required): ~z~~~ ~~-,,.,-,., ,,,, c - Date:,~,~-,}~-'Z~~'~ OWNER INFORMATION owner(s): Arthur Pommerening owner(s) Address: 237 N. Washburn Street Telephone #: (920) 236.3100 ~;ty: Oshkosh Other Contact # or Email: Ownership Status (Please Check): ^/ Individual ^Trust ^Partnership ^Corporation Date: 09/02/2008 State: W ~ Zip: 54904 Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: TYPE OF RE VEST: SITE INFORMATION Access Control Variance Easement Privilege in Street (identify) / Other (identify) Floodplain m Date: ~~_-z~po~' revision Address/Location of Proposed Project: 459 N. Washburn Proposed Project Type: Letter of Map Revision for floodplain associated with private bridge construction. Current Use of Property: vacant Land Zoning: 6263 Land Uses Surrounding Your Site: North: Residential South: Commercial East: Commercial West: Park/Open - Application fees are due at time of submittal. Make check payable to City of Oshkosh. - Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE SUBMIT T0: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236-5059 Date: 09/02/2008 For more information please visit the City's website at www.ci.Oshkosh.wi.us/Community_Development/Planning.htm n Staff Date Recd Q~~~ O ~;ty: Oshkosh pax; (s2o) 236.3102 459 N. Washburn Street Fooodplain Map Revision Project Description A bridge structure was constructed at 459 N. Washburn Street, owned by Mr. Art Pommerening, to access the western portion of said property. The purpose of this floodway map revision request is to obtain community acknowledgement for completion of the FEMA letter of map revision (LOMR) process as part of the conditional LOMR dated November 30, 2006. The LOMR is required to follow the conditional LOMA based on as-built conditions of the bridge structure and any changes in base flood elevations (BFE) associated with Mr. Pommerening's property (no changes occur beyond the Pommerening property boundaries). These BFE changes are discussed in the conditional LOMR letter. Accordingly, the bridge has negligible on-site (Pommerening Property) effects and no effects outside the limits of the Pommerening property to the hydraulics of Sawyer Creek. This is confirmed with Wisconsin Department of Natural Resources approval of the hydraulic model. Enclosed are the floodplain map and as-built map of the bridge. The site development doesn't pertain to the application request such that the development is to occur out of the floodplain. However, a short brief in accordance with the application checklist is provided below. Brief of Site Development This undeveloped site, owned by Art Pommerening, has the proposed use for private storage. Currently, two single story building structures (shed storage facilities) are being constructed with associated driveway and storm water pond in accordance with City and State approvals. The building footprints are 6,864 (0.16 acres) and 6,240 (0.14 acres) square feet with driveway access. This private drive will have infrequent traffic with no considerable effects on adjoining property owners. The development has been approved by the City of Oshkosh. Davel Engineering, Inc 4 Buck, David From: Tim Wittmann (tim@davelengineering.com] Sent: Friday, September 19, 2008 9:44 AM To: Buck, David Subject: Pommerening LOMR David, I spoke with Ken Hinterlong (FEMA) to discuss the Pommerening CLOMR. After explaining the situation, he stated that a CLOMR conditions are required to be completed if you are increasing the flood profile, which we are. The flood profile max increase will be 0.018' and max decrease will be -0.025' (on Art's property). The map change is not the controlling factor but the change in base flood profile is...thus requiring the CLOMR. However, I don't know how this would tie into the City's ordinance for approval of a flood map revision as the floodplain map itself is not being revised. Ken suggested that you may what to call Eric Kuklewski (312-408-5230) to hear what he has to say concerning municipal requirements. I can call him if you wish, but it may be advantageous for you to get info in terms of the City's responsibilities. Let me know. Thanks Tim Wittmann E.I.T. 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Box 1130 Oshkosh, WI 54903 Dear Mayor Castle: IN REPLY REFER TO: Case No.: OS-OS-2241R Community: City of Oshkosh, WI Community No.: 550511 104 This responds to a request that the Department of Homeland Security's Federal Emergency Management Agency (FEMA) comment on the effects that a proposed project would have on the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for your community, in accordance with Part 65 of the National Flood Insurance Program (NFIP) regulations. In a letter dated February 23, 2005, Mr. John R. Davel, President, Davel Engineering, Inc, requested that FEMA evaluate the effects that a proposed bridge and removal of an existing culvert on Mr. Arthur Pommerening's property, placement of fill, evaluation of an existing private driveway bridge, revised hydraulic analysis, and updated cross-sectional data, would have on the flood hazazd information shown on the effective FIRM and FIS report along Sawyer Creek. The proposed bridge on Mr. Pommerening's property (proposed bridge) is a 42-feet wide single clear span bridge and is located approximately 900 feet upstream of U. S. Highway 41 (LT. S. 41). The existing culvert to be removed from Mr. Pommerening's property is a double 24-inch corrugated metal pipe culvert (existing CMP culvert) and is located 1,200 feet upstream of U.S. 41. The private driveway bridge is located on the Naslund property (Naslund bridge) approximately 600 feet upstream of U.S. 41. All data required to complete our review of this request for a Conditional Letter of Map Revision (CLOMR) were submitted with letters from Ms. Kristy Rogers, Department of Natural Resources, State of Wisconsin; and Mr. Davel. We reviewed the submitted data and the data used to prepare the effective FIRM for your community and determined that the proposed project meets the minimum floodplain management criteria of the NFIl'. The submitted corrected effective HEC-RAS hydraulic computer model, dated June 28, 2005, was used as the base conditions in our review of the proposed conditions model for this CLOMR request. We believe that, if the proposed project is constructed as shown on the topographic work map entitled "Flood Plain Map," prepared by Davel Engineering, Inc, dated June 23, 2002, and the data listed below are received, a revision of the FIRM would be warranted. The revised hydraulic analyses for this submittal were based on the HEC-2 hydraulic computer model. The duplicate effective computer model was developed from the available effective HEC-2 computer models, including models used in previous Letters of Map Revision for the affected flooding source. The HEC-2 models were converted to a duplicate effective HEC-RAS computer model. The elevations of the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood) in the duplicate effective model matched the effective Base Flood Elevations (BFEs) within 0.1 foot. 9 2 Corrected effective HEC-RAS computer models were created from the duplicate effective model by including additional cross section information and adding the Naslund bridge to reflect conditions that existed at the tune the original study was completed. Our review of the corrected effective model revealed that the BFEs both increased and decreased compared to the BFEs in the duplicate effective model. The maximum increase in BFE, 0.2 foot, occurred approximately 3,400 feet upstream of U.S. 41. The maximum decrease in BFE, 0.2 foot, occurred approximately 4,800 feet upstream of U.S. 41. An existing conditions model (model A) was created by adding updated cross-sectional data to the duplicate effective model. Our review of the existing conditions model A revealed that the BFEs both increased and decreased compared to the BFEs in the corrected effective HEC-RAS model. The maximum increase in BFE, l.3 feet, occurred approximately 4,800 feet upstream of U.S. 41. The maximum decrease in BFE, 0.4 foot, occurred approximately 5,000 feet upstream of U.S. 41. A second existing conditions model (model B) was created by adding the existing CMP culvert to the existing conditions model A to show the impact of this existing CMP culvert. Our review of the existing conditions model B revealed that the BFEs both increased and decreased compared to the BFEs in the existing conditions model A. The maximum increase in BFE, 0.03 foot, occurred approximately 1,750 feet upstream of U.S. 41. The maximum decrease in BFE, 0.01 foot, occurred approximately 1,200 feet upstream of U.S. 41. These comparisons show that the major impact to BFEs when comparing the existing conditions to the corrected effective model results from the updated cross-sectional data, which more accurately depicted the existing flooding conditions. The proposed conditions model was created by adding the proposed bridge and removing the existing CMP culvert. Our review of the proposed conditions model revealed that the BFEs will both increase and decrease compared to the BFEs in the existing condition model (comparisons are to existing conditions model B). The maximum increase in BFE, 0.01 foot, will occur just upstream of the proposed bridge. The maximum decrease in BFE, 0.03 foot, will occur at the upstream entrance of the proposed bridge. Our review of the proposed conditions model revealed that the BFEs, will both increase and decrease compared to the BFEs in the corrected effective HEC-RAS model. The maximum increase in BFE, 1.3 feet, will occur approximately 4,800 feet upstream of U.S. 41. The maxunum decrease in BFE, 0.4 foot, will occur approximately 5,000 feet upstream of U.S. 41. As a result of the updated cross-sectional data, the addition of the Naslund bridge, the removal of the existing CMP culvert, and the proposed bridge, the width of the Special Flood Hazard Area (SFHA), the area that would be inundated by the base flood, will decrease in some areas compared to the effective SFHA width along Sawyer Creek. The maximum decrease in SFHA width, approximately 170 feet, will occur approximately 4,000 feet upstream of U.S. 41. As a result of the updated cross-sectional data, the addition of the Naslund bridge, the removal of the existing CMP culvert, and the proposed bridge, the width of the regulatory floodway will increase in some areas and decrease in other areas compared to the effective floodway width along Sawyer Creek. The maximum increase in floodway width, approximately 60 feet, will occur approximately 4,000 feet upstream of U.S. 41. The maximum decrease in floodway width, approximately 70 feet, will occur approximately 3,500 feet upstream of U.S. 41. Upon completion of the project, your community may submit the data listed below and request that we make a fmal determination on revising the effective FIRM and FIS report. 10 3 • Detailed application and certification forms, which were used in processing this request, must be used for requesting fmal revisions to the maps. Therefore, when the map revision request for the area covered by this letter is submitted, Form 1, entitled "Overview & Concurrence Form," must be included. (A copy of this form is enclosed.) • The detailed application and certification form listed below maybe required if as-built conditions differ from the preliminary plans. If required, please submit a new form {copy enclosed) or an annotated copy of the previously submitted form showing the revised information. Form 2, entitled "Riverine Hydrology & Hydraulics Form" Hydraulic analyses, for as-built conditions, of the base flood; the floods having a 10-, 2-, and 0.2-percent chance of being equaled or exceeded in any given year; and the regulatory floodway, together with a topographic work map showing the revised floodplain and floodway boundaries, must be submitted with Form 2. • Effective October 30, 2005, FEMA revised the fee schedule for reviewing and processing requests for conditional and final modifications to published flood information and maps. In accordance with this schedule, the current fee for this map revision request is $4,000 and must be received before we can begin processing the request. Please note, however, that the fee schedule is subject to change, and requesters are required ~to submit the fee in effect at the time of the submittal. Payment of this fee shall be made in the form of a check or money order, made payable in U. S. funds to the National Flood Insurance Program, or by credit card. The payment must be forwarded to the following address: Federal Emergency Management Agency Fee-Charge System Administrator P.O. Box 22787 Alexandria, VA 22304 • As-built plans, certified by a registered professional engineer, of all proposed project elements • Community acknowledgment of the map revision request • A copy of the public notice distributed by your community stating its intent to revise the regulatory floodway, or a statement by your community that it has notified all affected property owners and affected adjacent jurisdictions • A letter stating that your community will adopt and enforce the modified regulatory floodway, OR, if the State has jurisdiction over either the regulatory floodway or its adoption by your community, a copy of your community's letter to the appropriate State agency notifying it of the modification to the regulatory floodway and a copy of the letter from that agency stating its approval of the modification 11 4 • An officially adopted maintenance and operation plan for the proposed bridge. This plan, which may be in the form of a written statement from the community Chief Executive Officer, an ordinance, or other legislation, must describe the nature of the maintenance activities, the frequency with which they will be performed, and the title of the local community official who will be responsible for ensuring that the maintenance activities are accomplished. After receiving appropriate documentation to show that the project has been completed, FEMA will initiate a revision to the FIRM and FIS report. This CLOMR is based on minimum floodplain management criteria established under the NFII'. Your community is responsible for approving all floodplain development and for ensuring all necessary permits required by Federal or State law have been received. State, county, and community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction in the SFHA. If the State, county, or community has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence over the minimum NFIl' criteria. If you have any questions regarding floodplain management regulations for your community or the NFIl' in general, please contact the Consultation Coordination Officer (CCO) for your community. Information on the CCO for your community maybe obtained by calling the Director, Federal Insurance and Mitigation Division of FEMA in Chicago, Illinois, at (312) 408-5529. If you have any questions regarding this CLOMR, please call our Map Assistance Center, toll free, at 1-877-FEMA MAP (1-877-336-2627). Sincerely, Kevin C. Long, CFM, Project Engineer Engineering Management Section Mitigation Division Enclosures cc: Mr. Darryn Burich Director Planning Services Division City of Oshkosh Mr. Robert W. Watson Wisconsin Department of Natural Resources Mr. John R. Davel, P.E. President, Davel Engineering, Inc. For: William R. Blanton Jr., CFM, Chief Engineering Management Section Mitigation Division 12 ~ ~ State of Wisconsin 1 DEPARTMENT OF NATURAL RESOURCES Wautoma Service Center Jim Doyle, Governor 427 Tower Drive Suite 100 Matthew J. Frank, Secretary Wautoma, Wisconsin 54982 WISCONSIN Ronald W. Kazmierczak, Regional Director Telephone 920-787-4686 DEPT. OF NATURAL RESOURCES FAX 920-787-2477 TTY Access via relay - 711 June 30th, 2008 Timothy Wittman Davel Engineering 1811 Racine Street Menasha WI, 54952 Subject: Sawyer Creek Backwater Study Addendum, City of Oshkosh Dear Mr. Wittmann: I have reviewed the As built floodplain backwater study addendum, submitted under the Professional Engineering Seal of John Davel, for Sawyer Creek in the City of Oshkosh, Winnebago County. It is my opinion that the analysis of the updates to the approved model meets the requirements of NR 116. As built revisions to your original plans for this structure may be required by FEMA for review and approval prior to final issuance of a LOMR. If you have any questions relative to this process, I would suggest contacting Eric Kuklewski of FEMA, Region V at (312) 408-5230. If you have questions about this review, please feel free to call me at (920) 787-4686, ext. 3035. Sincerely, David L. Steitz, P.E~~""` Water Management Engineer Northeast Region -Wautoma cc. David Buck -City of Oshkosh Mike Russo - NER, Green Bay Linda Hyatt - NER, Wautoma Erik Kuklewski - FEMA, Region V dnr.wi.gov Quality Natural Resources Management wisconsin.gov Through Excellent Customer Service Primed on Recycled Paper 13 FLOODPLAIN AMENDMENT 459 N WASHBURN ST PC: 10-21-08 RICHARD NASLUND 729 N WASHBURN ST OSHKOSH WI 54904 RE 725 N WASHBURN ST LUVERN KIENAST 765 N WASHBURN ST OSHKOSH WI 54904 SAWYER CREEK SUBDIVISION HOMEOWNERS ASSOC PO BOX 3955 OSHKOSH WI 54903 RE WINDINGBROOK DR VAC LOT JOHN/LINDA PRATSCH 2111 LINWAY CT OSHKOSH WI 54904 ARTHUR POMMERENING 237 N WASHBURN ST osxxosH wI 54904 RE 959 N WASHBURN ST 14 I _ t I i i I I. I I i 1 ~ I I i i I ' 1 1 i I I '~ 9 I 1 1 1 I I I i 1 I I I I I I I I I I I ~ I yeo i • ~ E 8 G ~ I ~ __ I i _._. ___._.__~. I I I j I I I I I I I 1 i yF. I. © i I ~I ~ I ~ I I i G ~~° I I FLOODPLAIN ~ '~ ! '~ I ~. , a :II; ~ C 9 G A• I ~I, I ~, ~ ^ ~ ~ I I I i 'S~ l1 ) ~ I I i ~ y G G '6 ~ i I ;`Ej~`' ,~ ~ i ~ ; a. I ` ~ B W / ~ r ~ I I I I I _._ __.- 1 y.~° /' __. _-_ ___ _._ ___ 1 ~ 1 I ~ I L.J ~ ~ LJ ~ ~~~ ,~ ~ I I .___._._______ I ~ I ~ I I 1 f1 I I I I r 1 ri~n:~-Xx ~}~ I I~ I I i I ~ " x X "~ I I 1 ~ wlrvpNCenooxM ~"~ y x~`,1 ;Y ~~ ~,.y .~. 'n' ~'K~ K~~ ~ I I .,~ iK ~.v' ~~ ,~ k~ ~ ~, kx' I I ~ I I .res. } K,~ X I I ~ X ~Id ;. ~ ~X r. ~... .Y~ ~ ~~ ~1 E ~ ~ ~ , ~ 1 SI s © i i :E:~. i :~j:`:' 1 I i $ I i I I ! I I R I I I i I i I i i i i i q I I I, ~ ~ ~ ~ I ' 7. < ,~ ~ ~ I FLOODWAY I ! i ~ I , .i, \ Ss~''~ t i I I ~ I I i R 6 I i I I V .ei; ~~` r ~.y'.'„'N i~E ~~ e ',J{,~'L,~"' `V db i f ~ i ^ i 1 I i tl ~ I I I I Y I . s . M. ~-~J ~ LL..JJ ~ I I I I I I ~R ~ ~ I I w T'~.J m 1 ~ O A l i v' T ~/~ yya ~\C YL~--~ L J ~ ~ Lid ( Ci~ ~ I ry~ '`~ y ~ h w ` , v e~~ ~ i DISCLAIMER This map Is neither a legally recorded map nor F LO O D P LA I N P R O F I L E a survey and it is not Intended to be used as one. ~T This drawing is a compilation of records, data AMENDMENT iV .f HK l H ti t i it t d i f l d i oca e n var ous c y, coun y an n orma on and state offices and other sources affecting ON THE WATER the area shown and it is to be used for reference City Of OShkOSh purposes only. The City of Oshkosh is not re- D f rt t e a men o p onsible for an inaccuracies herein contained s . p y If discrepencies are found, please contact the „ , Community Development CltyofOshkosh. Scale: 1 = 300 Created by - dff 10/13/08 75 This map is a survey and it Is not Intended to be used as one. This drawing Is a compilation of records, data and information located In various city county and state offices and other sources affecting the area shown and it Is to be used for reference purposes only. The City of Oshkosh is not re- sponsiblefor any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff AMENDMENT Scale: 1" = 1500' N .IHK fH ON THE WATEP City of Oshkosh Department of Community Development 10/13/08 DISCLAIMER O neither a legally recorded map nor F LO O D P LA I N P R O F I L E DISCLAIMER This map is neither a legally recorded map nor a survey and it Is not Intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The Clty of Oshkosh Is not re- sponsiblefor any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. Created by - dff FLOODPLAIN PROFILE AMENDMENT Scale: 1" = 300' N JHK f H ors the w~tea City of Oshkosh Department of Community Development 10/13/08