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HomeMy WebLinkAbout11. 16-105MARCH 8, 2016 16-105 RESOLUTION (CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT REQUEST FOR A PUBLIC UTILITY STRUCTURE AT THE 2400-2500 BLOCKS OF NORTH MAIN STREET (LIBBEY-NICOLET WET AND DRY STORM WATER DETENTION BASIN) INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: APPROVED BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby granted for both a wet and dry storm water detention basins at the 2400-2500 Block of North Main Street, per the attached. � O.IHKOlH on n�E wn�a MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich � Director of Planning Services DATE: March 3, 2016 RE: Approve Conditional Use Permit Request for a Public Utility Structure at the 2400-2500 Blocks of North Main Street (Plan Commission Recommends Approval) BACKGROUND The subject site consists of approximately 12.024 acres of city-owned land located at the eastern 2400-2500 blocks of North Main St. The subject site originally consisted of four vacant, undeveloped parcels with a mix of M-1 Light Industrial, R-3 Multiple Dwelling and R-1 Single-Family zonings. The parcels have since been combined into one "H"-shaped parcel. The multiple zone districts covering the property remain but will be addressed with the upcoming update to the zoning ordinance. The surrounding area is comprised of industrial, commercial and single and multiple family uses. The City of Oshkosh Common Council approved the initiation of the acquisition process for the property on April 10, 2012 (Resolution 12-155), followed by two separate annexations to the City from the Town of Oshkosh on March 24, 2015 (Ordinances 15-156 & 15-157). ANALYSIS The City has experienced several significant flooding events affecting properties within the Libbey/Nicolet Watershed therefore a consultant was hired to perform an analysis of the conditions and facilities within the watershed. The Council approved the consultant's recommendations for storm water management for this watershed involving construction of a two-part basin to address existing flooding issues, manage storm water from future development, and reduce storm water pollution. The proposed construction consists of two basins connected by a storm pipe with the southern dry basin planned to provide flood relief to the Libbey Avenue area and the northern wet basin to provide relief to the Packer and Libbey Avenue area. The connecting pipe will allow water in the southern dry basin to be treated in the northern wet basin. The northern basin contains two fore basins at the northeast corner and northwest corner collecting water from Jackson Street which will exit the basin back to N. Main Street and eventually to Lake Winnebago. The southern basin does not contain fore basins but will collect water from a connection on Jackson Street and exit the basin through the pipe to the northern basin to be treated. A landscape plan has been submitted depicting a variety of plantings and will need to meet minimum standards required by zoning ordinance and compliance will be verified during the site plan review process. The Comprehensive Plan designates this area for industrial, residential and commercial uses and the basin development is consistent with this recommendation as it will provide infrastructure for existing developments and properties located in the watershed. Funding for the project will be provided by the Storm Water Utility, has been included in the 2016 Capital Improvements Program, and is part of the City's continued efforts to provide flooding relief to high risk areas of the City as well as meet required storm water quality standards. FISCAL IMPACT Funding for the project will be provided by the Storm Water Utility and has been included in the 2016 Capital Improvements Program. RECOMMENDATION The Plan Commission recommended approval of the conditional use permit at its March 1, 2016 meeting. RespectFully Submitted, Approved, rr�l�c�r ,� ��;, �'1 Darryn Buric Director of Planning Services ct,c,�.� j�. Mark Rohloff City Manager SUBJECT SITE NflRTH BASIN ITEM: CONDITIONAL USE PERMIT REQUEST FOR A PUBLIC UTILITY STRUCTURE (WET AND DRY STORM WATER DETENTION BASINS) AT THE 2400-2500 BLOCKS OF N. MAIN STREET Plan Commission meeting of March 1, 2016 GENERAL INFORMATION Applicant: Property Owner: Action(s) Requested: City of Oshkosh Department of Public Works City of Oshkosh The Department of Public Works requests review of a Conditional Use Permit for construction of both a wet storm water detention basin and dry storm water detention basin located at the 2400- 2500 blocks of N. Main Street. Applicable Ordinance Provisions: The Zoning Ordinance establishes criteria and guidelines for establishment and/ar amendment of a Conditional Use Permit in Section 30-11 (D). Property Location and Background Information: The subject site consists of approximately 12.024 acres of city-owned land located at the eastern 2400-2500 blocks of N. Main St. The subject site originally consisted of four vacant, undeveloped parcels with a mix of M-1 Light Industrial, R-3 Multiple Dwelling and R-1 Single-Family zonings. The parcels have since been combined into one "H"-shaped parcel. The multiple zone districts covering the property remain but will be addressed with the upcoming update to the zoning ordinance. The surrounding area is comprised of industrial, commercial and single and multiple family uses. The City of Oshkosh Common Council approved the initiation of the acquisition process for the property on April 10, 2012 (Resolution 12-155), followed by two separate annexations to the City from the Town of Oshkosh on March 24, 2015 (Ordinances 15-156 & 15-157). Subject Site Existing Land Ilse Undeveloped/Agricultural Adjacent Land Use and Zoni Existin Uses North Industrial South Industrial East Industrial West Residential & A�ricul Zoning M-1. R-3 & R-1 Zoning M-2 (City) A-2 (Town of Oshkosh) G1, R-1 & R-2 (City) M-2 (City) C-2 (City), A-2, B-3 (Town of Oshkoshl ;omprehensive Plan Land Use Recommendation 10 Year Recommendation 20 Year Recommendation ANALYSIS Land Use Industrial, Residential & Commercial Industrial, Residential & Commercial The City of Oshkosh has experienced several significant flooding events severely affecting properties within the Libbey/Nicolet Watershed. The City hired the consultant AECOM to perform a detailed analysis of the conditions and existing city and private facilities within the watershed and reported their findings to the Oshkosh Common Council. On October 25, 2011, the Common Council approved AECOM's recommendations for storm water management for this watershed (Resolution 11-474). Part of the plan recommended acquisition of the subject site and construction of a two-part basin system located between Jackson and N. Main Streets approximately 600 feet north of W. Smith Avenue. This site has the potential to address existing flooding problems, manage storm water from future development in the watershed and reduce storm water pollution. City consultant Brown and Caldwell performed a similar study of the drainage system for the Fernau Avenue Watershed to the north and identified a parcel of land approximately 0.8 miles north of this site suitable for construction of another storm water basin. As a cost saving measure, the city will construct both ponds in unison as part of one project. The Department of Public Works acquired the subject 12.024 acre site for construction of the recommended storm water detention basins within the Libbey/Nicolet Watershed. The proposed construction consists of two basins connected by a 330-foot, 60-inch storm pipe. The southern 4.0 acre dry basin will be able to store approximately 30 acre-feet (9,775,530 gallons) of storm water and will provide flood relief to the Libbey Avenue main-line storm sewer. The northern 6.0 acre wet basin will have a capacity of approximately 38 acre-feet (12,382,338 gallons) of storm water that will provide flood relief to Packer and Libbey Avenues. The 60-inch pipe will a11ow water in the southern dry basin to be treated in the northern wet basin. It is estimated that the basin will remove 41 tons of sediment and 161 pounds of phosphorus from storm water annually prior to entering Lake Winnebago. The reduction in these pollutants will contribute to the pollutant reduction targets required by the City's storm water permit. The proposed basins cover a majority of the 12.024 acre parcel. The northern wet basin contains two fore basins; one located at the northeast corner collecting storm water from N. Main Street and the other located at the northwest corner which will collect water from the Jackson Street storm water system. Water will then exit the main basin at the southeast corner, heading back to N. Main Street and eventually to Lake Winnebago. The southern dry basin does not have any fore basins. Storm water will enter the basin through a connection to a storm sewer on Jackson Street. Water will exit the basin to the north via the 60-inch pipe; enter the northern wet pond where the water will be treated. Item — CUP �Storm Water Detention Basin — 2400-2500 Blocks ojN. Main Street A landscape plan has been submitted, and depicts a variety of emergent plantings, grasses, Burr Oak trees and clusters of arborvitae. The landscape plan will need to meet minimum planting standards required by the zoning ordinance and will be checked for compliance during the site plan review process. Staff does not have concerns as the Department of Public Works has historically done a very good job in regard to landscaping its municipal storm water basins. The applicant also states in their narrative that the area will be preserved as open space and planted with natural vegetation providing aesthetic vistas and wildlife habitat. The Comprehensive Plan recommends portions of the site to be suitable for residential, industrial and commercial uses. The proposed basin development is consistent with the Comprehensive Plan's recommendation as it will be an addition of City infrastructure to provide storm water capacity to existing developments and provide flooding relief to properties located in the aforementioned watershed. Funding for the proposed project will be provided by the Storm Water Utility and has been included in the 2016 Capital Improvements Program for construction this year. Staff is in support of the conditional use permit request as this is part of the City's continued efforts to provide storm water flooding relief to high flood risk areas of the City as well as meet required storm water quality standards. RECOMMENDATION/CONDITIONS Staff recommends approval of the Conditional Use Permit for the wet and dry storm water detention basins as presented. The Plan Commission approved of the conditional use permit as requested. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He discussed the previous acquisition and annexation of the properties and the mixed zoning classifications of the parcels which will be addressed with the new zoning ordinance update. He also discussed the flooding issues within this watershed and the study completed of the conditions and existing city and private facilities relating to storm water management in this area. He reviewed a map of the Libbey-Nicolet Watershed and the site plan for the two detention basins to be constructed at this location. He discussed the functions of the two connecting basins and the advantages to controlling the storm water runoff and the reduction of pollutants that will result with the construction of the proposed basin. He reviewed the direction of the water flow through the basins and reviewed the landscape plans for the project which will need to meet code requirements and will be reviewed at the site plan review level. The project is consistent with the City's Comprehensive Plan and will benefit industrial, commercial and residential uses in this area. Funding for the project will be provided by the Storm Water Utility and has been included in the 2016 Capital Improvement Program. Mr. Thoms questioned if the land connecting the two detention basins was part of what the City acquired as the total land area containing the basins is less than the total acreage of the basins themselves. ltem — CUP —Storm Water Detention Basin — 2400-2500 Blocks of N. Main Street 3 Mr. Nau responded affirmatively. Mr. Thoms asked to clarify that the conditional use permit includes the connecting parcel between the two basins. • Mr. Nau again responded affirmatively. Mr. Hinz questioned if the wet detention basin will contain five feet of water on a continual basis. Mr. Gohde responded affirmatively. Mr. Hinz then questioned if there was any discussion about placing a fence surrounding the basin to protect against children entering it. Mr. Burich responded that fences have not been histarically installed around previously constructed detention basins. Mr. Gray questioned who would be responsible to maintain the dry detention basin. Mr. Gohde replied that it would be maintained by the Street Department. Motion by Gray to approve a conditional use permit for a public utility structure (wet and dry storm water detention basins) at the 2400-2500 blocks of N. Main Street. Seconded by Propp. Motion carried 8-0. Item — CUP Storm Water Detention Basin — 2400-2500 Blocks of N. Main Street 4 � � O.IHKO.IH ON THE WATER APPLICANT INFORMATION City of Oshkosh Application ❑ Planned Development Review 0 Conditional Use. Permit Review **PLEASE TYPE OR PRINT USING BLACK INK** SUBMIT' TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 Petitioner: City of Oshkosh Stormwater Utility Date: 1-20-16 Petitioner's Address: 215 Church Street Clty; Oshkosh State: W� Zip: 54903-1130 Telephone #: (920 � 236-5056 F�; �920 � 236-5068 Other Contact # or Email: jferris@ci.oshkosh.wi.us Status of Peritioner (Please Check): ❑ Owner ❑ Representative ❑ Tenant ❑ Prospectiye Buyer Petitioner's Signature (required): OWNER INFORMATION Owner(s): Owner(s) Adclress: City: Telephone #: ( ) Fax: ( ) Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑ Corporation Date: Date: State: Zip: Property Owner Consent: (required) By signature hereon, UWe aclmowledge 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 tentarive and may be postponed by the Planning Services Division for incomplete submissions or other adminisirative reasons. Property Owner's Signature: Date: SITE INFORMATION 1519591500 1519591700 Address/Location of Proposed Project: N Main Street approximately 500 ft south of W Packer Avep�cel.No. 1519591800 Proposed Project Type: Storm Water Wet Detention Basin - Libbev-Nicolet Watershed Current Use of Property: Undeveloped Land Uses Surrounding Site: North: Machine Shop zoned M-2 R-1 South: Single Family Residential Housing zoned R-1 (parcel on Jackson zoned C-1 resturant) East: Across N. Main Street land is beinq farmed (zoninq M-2) West: Residential housinq in the Town of Oshkosh zoned B-3 and A-2 Across Jackson Street C-2 and in the Town of Oshkosh A-2 **Please note that a meeting notice will be mailed to all abutting property owners regarding your request. ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. F`EE IS NON-REFITNDABLE For more information please the City's website at www.ci.oslikosh.wi.us/Community DevelopmentlPlanning.htm Staff Date Rec'd �`�'�"�6 4 Briefly eaplain how the proposed conditional use/development plan will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. The purpose of the Basin is to improve the health and safety of the region by reducing the frequency and magnitude of flooding throughout the watershed. 2.. Pedestrian and vehicular circulation and safety. There is no pedestrain or vehicular trips created by the construction of the detention basin other than an ocasional inspection. 3. Noise, air, water, or other forms of environmental pollution. Project will improve overall environmental conditioons by reducing flooding during storm evenfs, and removing total suspended solids and total phosphorus from stormwater runoff. 4: The demand for and availability of public services and facilities. Project does not create a demand for public services or facilities. 5. Character and future development of the area. - The detention basin is being built on land that is currently undeveloped. The site will facilitate future development and redevlopment by providing reduced risk of flood damage for some properties and infrastructure that development may rely on and avoid having to provided storm water manigement on their own sites. . � SUBMITTAL REOLTIREMENTS — Must accompany the application to be complete. A NARRATIVE of the proposed conditional use/DeVelopment Plan including: ❑ Existing and pro}�osed use of the property . ❑ Identification of all structures (including paving, signage, etc.) on the property and discussion of their relation to the project ❑ Projected number of residenfs, employees, and/or daily customers ❑ Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one-hundredth of an acre ❑ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ❑ Comparibility of the proposed use with adjacent and other properties in the area. ❑ Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.) ❑ Any other pertinent information to properly understand the intended use/plan and its relation to nearby properties and the community as a whole ➢ A complete SITE PLAN and BUILDING ELEVATIDNS must include: ❑ Two (2) full size (m;nimum 24" x 36") scaled and dimensioned prints of site plan and building elevations O Two (2) 8'/z" x 11 (m;nimum) to 11" x 17" (maximum) reduction of the site plan and building elevations ❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) ❑ Title block that provides all contact information for the petitioner and/or owner and contact information of petitioner's engineers/surveyors/architects, or other design professionals used in the preparation of the plans ❑ T'he date of the original plan and revision dates, if appiicable ❑ A north arrow and graphic scale. ❑ All property lines and existing and proposed right-of-way lines with dimensions clearly labeled ❑ All required setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including buildin� entrances, walks, drives, signs, decks, patios, fences, walls, etc. ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening ❑ Location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30-36 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas ❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, e�aust flues, plumbing vents, Das rea lators, generators, etc. 5 Libbey / Nicolet Watersheds Wet Detention Basin Conditional Use Permit Project Narrative PROJECT SETTING The City of Oshkosh experienced significant and repeated flooding throughout the City; August 1982, September 1986, June 1990, August 1990, 1993, 1996, June 1999 (twice), 2000, June 10-11, 2004 and June 12-13, 2008. Within the Libbey / Nicolet Watershed there are several known areas that experience frequent flooding. These areas include: , • Main Street, north of the intersection with Libbey Avenue, • Intersection of Harrison Street and Smith Avenue, • Intersection of Harrison Street and Bowen Street, • The Oshkosh Truck Corporation property (northwest of the intersection of Packer Avenue and Harrison Street), • Jackson Street, from Linwood Avenue to the south, and • Oshkosh North High School parking lots. The City of Oshkosh undertook a detailed watershed analysis of the pipes; channels and ponds in the Libbey / Nicolet Watershed that showed the extent of flooding in the watershed (Exhibit A) and_identified two parcels along N. Main Street where the iietention of storm runoff would. significantly reduce downstream flooding. A similar study of the drainage system in the Fernau Watershed identified a parcel of land, just 0.8 miles further north on N. Main Street that would significantly reduce flooding in that watershed. Construction of both basins would require nearly identical skilled dewatering capabilities of the contractor and clay material from the Libbey / Nicolet site could be used to construct the (northern) Fernau basin at a significant cost savings to the Ciry. To take advantage of the economies of scale to resolve flooding in two watersheds, the City of Oshkosh has pursued constructing these storm water detention basins as one project. The Libbey / Nicolet Basin is.identified as Work Unit A and the Fernau Basin is identified as Work Unit B. THE PROJECT Work Unit A, the Libbey / Nicolet Watersheds — North Main Street Area Wet Detention Basin (Exhibit B), will provide flood relief and the treatment of storm water pollution from to existing and future development in approximately 368 acres of the Libbey / Nicolet Watershed. The construction will comprise two basins that are linked by a 330 foot 60-inch storm pipe. The southern basin is a 4.0 acre dry detention basin that will be able to store approximately 30 acre-feet of storm water runoff. Doing so will provide flood relief to the Libbey Avenue main-line storm sewer. The northern 6.0 acre wet detention basin will provide approximately 38 acre-feet for storm water runoff that will provide flood relief to Packer Avenue and Libbey Avenue. The connecting 60-pipe will allow the water in the southern dry basin to be treated in the northern wet basin. 6 PROJECT LOCATION The proposed Libbey / Nicolet Detention Basin is located between Jackson Street and N Main Street, approximately 500 feet south of W Packer Ave. CURRENi' AND SURROUNDING LAND USE � Current Land Use Both properties upon which the Libbey / Nicolet Basin witl be constructed are undeveloped. Both properties are.in the City of Oshkosh. The south property is zoned R-1. The north property is zoned M-1. Properties Surroundin� the South Basin There is one parcei on the south of the South Basin that is Zoned C-1 and is a restaurant, the remaining parcels are Zoned R-1 and are single family residential housing. Properties to the north of the basin are multifamily housing that are zoned R-3PD and R-3. The land east of the basin across N. Main Street is currently being farmed and is zoned M-2. One of the two properties across Jackson Street, to the west, is in the City of Oshkosh is a business that is zoned C-2. The other property has a single family residential home and is in the Town of Oshkosh with an A-2 zoning designation. Properties Surroundin� the North Basin The two properties to the south of the North Basin are multifamily housing that are zoned R-3PD and R-3. The property to the north facing N Main Street is a machine shop that is zoned M-2. The property to the north facing Jackson Street is out of the City of Oshkosh and is zoned A-2 by the Town of Oshkosh. East of the basin is N. Main Street. �The two properties to the west of the Basin are currently residential housing that are out of the City of Oshkosh and are zoned A-2 and B-3 by the Town of Oshkosh. PROJECT PURPOSE The purpose of this project is threefold, Safety, Environmental and Economic Development. Safetv By detaining up to 68 acre-feet of storm runoff the the. amount of land and the number of business and residential structures that could be damaged by flood waters will be reduced. The restricted discharge from the basin will also reduce the velocity and quantity of flood waters moving through open channels would reduce the risk to individuals that might accidentally become caught up in the flood flows. Environment The property that has been acquired by the City for the Libbey / Nicoiet Basin totals approximately 11.4 acres. In addition to storage of storm water it will be preserved as open space planted with natural vegetation providing aesthetic vistas and wildlife habitat. A portion of the Basin has been design with permanent wet pond that has been designed to remove approximately 41 tons of sediment (a 71% reduction) and 161 pounds of phosphorus (a 52% reduction) that would have otherwise contributed to 7 � the degradation of the water quality in Lake Winnebago. 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They may show the - appraximate relalive locatlon of praperiy, baundaries and oiher feat�re irom a va�iety of sources. pri�ttltlg [�ate: 1129/2016 Q,fHKOlH These rrtap(sjldatasets are provided for informalion purgoses only and may not be sufficient ar a�propriate for legal, engineering, or survaying purposes. They are provided "AS-f5" without Prepared by: City of Oshkosh, W1 ��"�� WAT�' warranties of any kind and t�e Ciiy o( Osh[cosh assumes no liability for use or misuse. J:1GIS1PIanninglPlan Commission Site Plan Map TemplatelPlan Commission Si1e Plan Map Template.nixd User, debor� 1� The City of Oshkash creates and main€ains GIS maps and tlafa for its own use. Tt�ey may show the approximate relative Ipcadon o! proparty, poundaries and oi�er feaiu€e from a variety o€ sources. These map{s)ldataseis are p€ovided for information purposes only and may noi be su�icieni w appropriate ior legal, engir€eering, or surveyir�g purposes. 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