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HomeMy WebLinkAbout08-416NOVEMBER 11, 2008 08 -416 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF MAP AMENDMENT TO THE FLOODPLAIN ZONING ORDINANCE TO CHANGE THE BASE FLOOD ELEVATION AT 459 NORTH WASHBURN STREET INITIATED BY: ART POMMERENING PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, following construction of a bridge on the property at 459 N. Washburn Street, the owner, Art Pommerening, contracted Davel Engineering, Inc., a Wisconsin Registered Land Surveying company, to perform an analysis on the changes to the characteristics of the floodplain and floodway boundaries and the base flood elevations; and WHEREAS, based on an analysis completed by Davel Engineering Inc. the physical limits of the floodplain will not be affected but the base flood elevations within the floodplain will see a maximum increase of 0.018 ft. and a maximum decrease of - 0.025 ft., all within the property at 459 N. Washburn Street; and WHEREAS, a public hearing, after due and proper notice, was held before the Common Council of the City of Oshkosh concerning said amendment to the Floodplain Zoning Map for the City of Oshkosh, and the Plan Commission recommends adoption of this Ordinance. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. Based on the information submitted by the property owner, it is determined the physical limits of the floodplain will not be affected by the construction of said bridge and the Floodplain Zoning Map be amended to change base flood elevations within the floodplain no greater than 0.018 ft. and no less than -0.025 ft., all within the property at 459 N. Washburn Street. SECTION 2. This amendment is contingent upon the property owner obtaining all appropriate approvals from the Wisconsin Department of Natural Resources. SECTION 3. This Ordinance shall be in effect upon its passage and publication. NOVEMBER 11, 2008 08 -416 ORDINANCE CONT'D SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #08 -XXX APPROVAL OF MAP AMENDMENT TO THE FLOODPLAIN ZONING ORDINANCE TO CHANGE THE BASE FLOOD ELEVATION AT 459 NORTH WASHBURN STREET on November 25, 2008. The Ordinance amended the base flood elevations within the existing floodplain area on this property. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011. 0 1'HKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson �Z4 , Director ity Development DATE: November 6, 2008 RE: Approval of Map Amendment to the Floodplain Zoning Ordinance to change the Base Flood Elevation at 459 North Washburn Street (Plan Commission Recommends Approval) BACKGROUND In early 2008, the property owner finished construction of a bridge over Sawyer Creek to connect both sides of his property at 459 North Washburn Street. To accomplish this he had to bring in fill, which in turn changed the base flood elevation (referred to as the regional flood on the attached diagram) within the floodplain. The Federal Emergency Management Agency (FEMA) requires local units of government to adopt the national floodplain map so any changes to the national floodplain maps, such as this change in base flood elevation, must be approved as a map amendment. ANALYSIS Following the construction of the bridge on the property, the applicant/owner contracted an engineering company to analyze the changes to the floodplain boundaries and the base flood elevations. The analysis determined that the physical limits of the floodplain are not affected but base flood elevations within the floodplain will see a maximum increase of 0.018 feet and a maximum decrease of -0.025 feet. These flood profile changes are affecting only the petitioner's property with no affect on neighboring properties up or downstream. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its October 21, 2008 meeting. Approved, City Manager r r M The floodplain is that land which has been or may be covered by floodwater during the regional flood. The floodplain includes the floodway and floodfringe areas. The floodway is the channel of a river or stream, and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. The floodway is the most dangerous part of the floodplain -- it is associated with moving water. The floodfringe is the portion of the floodplain outside of the floodway, which is covered by flood water during the regional flood. The term, " floodfrnge" is generally associated with standing water rather than flowing water. It is also that part of the floodplain in which development is allowed subject to the floodplain development standards. The regional flood is the same as the 100 -year flood, the 1 %o chance flood, or the base flood (FEMA). The regional flood elevation is the elevation determined to be representative of large floods known to have occurred in Wisconsin or which may be expected to occur on a particular lake, river, or stream at a frequency of 1 %o during any given year. The flood protection elevation is an elevation which is 2 feet above the regional flood elevation. ITEM: FLOODPLAIN ZONING MAP AMENDMENT: 459 NORTH WASHBURN STREET Plan Commission meeting of October 21, 2008. 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. RE COMMENDATION /CONDITIONS The Department of Community Development recommends approval of the floodplain zoning map amendment as requested. The Plan Commission approved of the floodplain zoning map amendment as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the request and explained the government process to initiate and complete a floodplain map change. He further explained that the map change was not affecting the physical boundaries of the floodplain, but were changing the base flood elevations on the petitioner's property only and would not have any affect on neighboring properties up or downstream. Motion by Propp to approve the floodplain zoning map amendment for property located at 459 North Washburn Street as requested. Seconded by Fojtik. Motion carried 7 -0. Item - Floodplain Map Amendment 0 GrFK_ ON THE WATER City of Oshkosh General Application "PLEASE TYPE OR PRINT USING BLACK INK" APPLICANT INFORMATION SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 Petitioner Arthur Pommerening Date: 09/02/2008 Petitioner's Address: 237 N . Washburn Street ci Oshkosh State: WI zip: 54904 Telephone #: ( 920 ) 236.3100 Fax: ( 920) 236.3102 Other Contact # or Email: Status of Petitioner (Please Check): Q✓ Owner aepresentative DeriantEl Prospective Buyer Petitioner's Signature (required): 4L 7iY •'le- OWNER INFORMATION Owner(s): Arthur Pommerening Owner(s) Address: 237 N. Washburn Street Fax: 920 ) 236.3102 Telephone #: ( 920 ) 236.3100 Ownership Status (Please Check): QIndividual ❑Trust ❑Partnership ®Corporation � cr Date:, .2 .c o If I Date: 09/02/2008 State: WI 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 O F RE UEST• Access Control Variance Easement Privilege in Street (identify) Other (identify) Flood lain map revision SITE INFORMATION Date: x ® 09 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: B2/B3 Land Uses Surrounding Your Site: North: Residential South: Com mercial East: Commercial West: Park/Open Space ➢ 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 ' For more information please visit the City's website at www. ci. oshkosh. wi. us/ Conununity _Development/Planning.htm Staff Date Rec' o � .�g city: Oshkosh Other Contact # or Email: 3 459 N. Washburn Street Floodplain Map Revision Proiect 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 COOMR. 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. Davel Engineering, Inc p. 920.991.1866 f. 920.830.9595 www.davelengineering.com 10/16/2008 5 ... ....... . �. �.,e.. ONINUMV40d 1W'JOd sweacrou �i IA7t - weou ■u ? �' ° dbV11 NI\fld 0001=1 IM '. UNf1000OV83NNIM'HSONF{SOd01. �a tomiromem '"' LMO'! 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Box 1130 Oshkosh, WI 54903 Dear Mayor Castle: IN REPLY REFER TO: Case No.: 05- 05 -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 (FIRRI) 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 hazard 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 brid and is located approximately 900 feet upstream of U.S. Highway 41 (U.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 NFIP. 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. l - 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. A 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 time 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, 1.3 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 EEC -RAS model. The maximum increase in BFE, 1.3 feet, will occur approximately 4,800 feet upstream of U.S. 41. The maximum 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 final 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 final 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 may be 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 Pro rg_am, 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 II 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 NFIP. 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 floodphdn management criteria, these criteria take precedence over the minimum NFIP criteria. If you have any questions regarding floodplain management regulations for your community or the NFIP in general, please contact the Consultation Coordination Officer (CCO) for your community. Information on the CCO for your community may be 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 For: William R. Blanton Jr., CFM, Chief Engineering Management Section Mitigation Division Enclosures cc: Mr. Danyn 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. 12 1 State of Wisconsin t DEPARTMENT OF NATURAL RESOURCES Wautoma Service Center Jim Doyle, Governor 421 Tower. Drive Suite 140 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. Wittmanno 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. Stertz, 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 0 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 City of Oshkosh Is not re- sponsible for any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. Created by - dff FLOODPLAIN PROFILE AMENDMENT Scale: 1" = 300' N OfHKOIH OH THE WATER City of Oshkosh Department of Community Development 10/13/08