HomeMy WebLinkAbout40. 19-130FEBRUARY 26, 2019 19-130 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND FLOODPLAIN OVERLAY ZONING ORDINANCE TO
ADOPT FLOOD INSURANCE STUDY DATED DECEMBER 2017
FOR SAWYER CREEK HYDROLOGY AND HYDRAULICS
ANALYSIS; ADOPT LETTER OF MAP REVISIONS DATED
3/27/2019 FOR PORTIONS OF SAWYER CREEK; ADOPT REVISED
FEMA FIRM MAP NUMBERS 55139CO215E, 55139CO330E &
55139C0310E; CREATE FLOOD STORAGE DISTRICTS
INITIATED BY: COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-
156(D) OFFICIAL MAPS OF THE FLOODPLAIN OVERLAY DISTRICT AND
CREATING FLOOD STORAGE DISTRICTS WITHIN PORTIONS OF SAWYER CREEK.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. The City of Oshkosh hereby adopts the Flood Insurance Study (FIS)
for Sawyer Creek Hydrology and Hydraulics Analysis dated December 2017 as prepared by
Strand Associates for the City of Oshkosh.
SECTION 2. The City of Oshkosh hereby adopts the Letter of Map Revision dated
March 27, 2019 (FEMA Case Number 18-05-2015P) and associated revised FIRM Maps and
amends Section 30-156(D) Official Maps based on the Flood Insurance Study creating Section 30-
156(D)(2)(a)(ii) to read as follows:
(ii) Letter of Map Revision (LOMR), dated 3/27/2019 (FEMA Case Number 18-05-
2015P); with corresponding profiles that are based on the Flood Insurance Study
(FIS) Sawyer Creek Hydrology and Hydraulics Analysis dated December, 2017 for
those areas referenced as REVISED AREA on FIRM Map Numbers 55139CO215E,
55139CO330E & 55139C0310E. Approved by: The DNR and FEMA.
FEBRUARY 26, 2019 19-130 ORDINANCE
FIRST READING CONT'D
SECTION 3. That Flood Storage Districts are hereby created as part of the FIS
Sawyer Creek Hydrology and Hydraulics Analysis dated December, 2017 and new
Section 30-156(D)(2)(b) is created as follows:
(b) Flood Storage Districts created in Figure 6 as part of the Flood Insurance
Study (FIS) Sawyer Creek Hydrology and Hydraulics Analysis, dated
December, 2017. Approved by: The DNR and FEMA.
SECTION 4. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #19 -XXX AMEND FLOODPLAIN OVERLAY ZONING
ORDINANCE TO ADOPT FLOOD INSURANCE STUDY DATED DECEMBER 2017
FOR SAWYER CREEK HYDROLOGY AND HYDRAULICS ANALYSIS; ADOPT
LETTER OF MAP REVISIONS DATED 3/27/2019 FOR PORTIONS OF SAWYER CREEK;
ADOPT REVISED FEMA FIRM MAP NUMBERS 55139CO215E, 55139C0330E &
55139C0310E; CREATE FLOOD STORAGE DISTRICTS on March 12, 2019. This
ordinance amends Chapter 30 Zoning Ordinance to adopt the flood insurance study and
Letter of Map Revisions and create Flood Storage Districts. The full text of the Ordinance
may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's
website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
Section 5. This Ordinance shall be in effect upon its passage and publication and
upon final approval by the Wisconsin Department of Natural Resources and FEMA.
�41
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: February 20, 2019
RE: Amend Floodplain Overlay Zoning Ordinance to Adopt Flood Insurance Study
Dated December 2017 for Sawyer Creek Hydrology and Hydraulics Analysis;
Adopt Letter of Map Revisions date 3/27/2019 for Portions of Sawyer Creek;
Adopt revised FEMA FIRM Map Numbers 55139CO215E, 55139CO330E &
55139C0310E; Create Flood Storage Districts (Plan Commission Recommends
Approval)
BACKGROUND
The City Department of Community Development requests review and approval of amended
floodplain overlay maps to reflect the proposed new Flood Insurance Rate Maps (FIRMs) that
are scheduled by the Federal Emergency Management Agency (FEMA)to become effective on
March 27, 2019. The proposed FIRM is based on a Flood Insurance Study (FIS) for the Sawyer
Creek Watershed dated 12/13/17. The new mapping is the result of an extensive study
undertaken by the City and its engineering consultant, Strand Associates while working with
the FEMA and Wisconsin Department of Natural Resources (WDNR). Included in this mapping
action are the recently created Flood Storage Districts. For clarification purposes, the FIRM
maps address the floodplain issues related to insurance, while the regulatory map addresses the
development/regulatory issues. The FIRM boundaries are adopted locally as a regulatory
zoning overlay that generally includes the 100 year Floodplain and Floodway. Also included
for the first time are the recently created Flood Storage Districts.
The City of Oshkosh participates in the National Flood Insurance Program by adopting maps
and regulations pertaining to special flood hazard areas (the floodplain) that are commonly
known as the Flood Insurance Rate Map (FIRM). Only the Federal Emergency Management
Agency (FEMA) can amend the FIRMs and these maps are periodically updated to reflect
modifications in the floodplain, which can also be initiated by property owners through the
Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR). If the City did not adopt
the WDNR Model Floodplain Ordinance, property owners within the FIRM would not be
eligible to receive flood insurance. Being mapped as a floodplain property, especially 100 year
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
floodplain or floodway, can significantly impact the developability of a property and/or be
costly in terms of having to obtain flood insurance.
Since the early 2000s, the City of Oshkosh has been working on improvements within the Sawyer
Creek Watershed to help alleviate regional flooding. Improvements such as construction of a
regional storm water detention basin at James Road, the dredging of Sawyer Creek and
upgraded bridges (Sawyer Street, Westfield Street and Witzel Avenue (County)) to increase
cross sectional area to allow more storm water to pass through the bridges have all improved
drainage capacity. These improvements as well as more refined field data collection have
affected the regional floodplain and in particular, the amount of land area and number of parcels
that are mapped as impacted by floodplain.
On February 7, 2019, the City and County held a joint public meeting on the proposed new maps
at the Coughlin Center. For notification purposes, the City mailed approximately 450 meeting
notices to all property owners impacted by the new mapping and included a link to information
on the City's website where all information and maps relative to the proposal are currently
located. The City's website also includes an interactive map that shows before and after
floodplain boundaries.
In order for the new floodplain maps to become effective, Winnebago County must also map
the flood storage districts proposed outside of the City's jurisdiction in the Towns of Nekimi
and Utica. The Winnebago County Zoning Department is coordinating this process and the
mapping will need approval by the County Board.
ANALYSIS
The results of the City's efforts the past 15+ years have modified the regional floodplain
elevation within the Sawyer Creek Watershed. Through computer modeling and enhanced data
collection, the mapped floodplain and floodway have changed on over 400 properties within
the City. While the vast majority of properties will see no change to their current status with
FEMA's insurance requirements, 60 properties are now shown to have no impact by the 100 year
floodplain or floodway. Conversely, 23 properties are now shown to be mapped with a portion
of 100 year floodplain or floodway on the property. This is mainly due to more refined data
gathering versus methods used on the current FIRMS. This does not necessarily mean the
property owners will be required to obtain flood insurance as that is a decision typically made
by a lending institution for financing purposes.
The proposed FIRMS take into account the creation of Flood Storage Districts. A Flood Storage
District is currently defined in 30-156 (C)(32) as "those floodplain areas where storage of
floodwaters has been taken into account during analysis in reducing the regional flood
discharge." A Flood Storage District (FSD) is a mapped area where flood storage capacity will
be protected where no increase in the amount of volume can be added in the FSD that would
change the height of the regional flood elevation. Basically, if a pail of dirt is added in an FSD,
a pail of dirt from another area of the property would need to be taken out to make up for the
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
volume that was added. The flood storage areas are calculated using computer models and
actual ground elevations.
The impact of the FSD is that development cannot be done that would cause an increase in the
regional flood elevation by removing flood storage volume. For development to occur,
"compensatory storage" would have to be provided. If compensatory storage cannot be
provided, the whole area has to be rezoned as a flood fringe district, which requires engineering
studies. This may mean providing engineering studies for even a simple development. The
areas that are being proposed as FSDs are areas that already "wet" and detain storm water
during a regional flood event but do so in an unofficial status. The majority of FSDs to be
mapped in the city generally involve existing detention basins so there should not be much of a
practical impact on development. The FSDs in the town areas generally involve lands used for
agricultural purposes and as previously stated do currently retain flood waters during a
regional event. Proposed FSD areas in the towns currently are used agriculturally and may
continue to be farmed as long the ground surface elevations are unaltered.
Adoption of the new FIRM's and FIS is the final step in completing the process to adopt new
Federal Emergency Management Agency Floodplain Maps, ensuring the City's continued
participation in the National Flood Insurance Program.
Depending on developments on the County side with regard to the FSD mapping, staff may
request to delay the effective date of these actions and that recommendation would be made at
the second reading on March 12th by the Council.
FISCAL IMPACT
The proposed new maps actually eliminate some areas from floodplain regulation that may now
be more easily developed and won't require Flood Insurance. Conversely, any of the areas that
have seen an increase in mapped floodplain area will now be required to comply with the City's
Floodplain Overlay Regulations in Chapter 30-156 of the Zoning Ordinance.
RECOMMENDATION
The Plan Commission recommended approval of the zoning ordinance amendment to section
30-156 - floodplain overlay zoning district, to adopt revised FEMA flood insurance rate maps
and regulatory floodplain and flood storage district maps within the Sawyer Creek watershed
at its February 19, 2019 meeting.
Respectfully Submitted,
4 / I
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arryn Burich
Director of Planning Services
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: PUBLIC HEARING: PROPOSED ZONING ORDINANCE AMENDMENT TO
SECTION 30-156 - FLOODPLAIN OVERLAY ZONING DISTRICT TO ADOPT
REVISED FEMA FLOOD INSURANCE RATE MAPS AND REGULATORY
FLOODPLAIN AND FLOOD STORAGE DISTRICT MAPS WITHIN THE
SAWYER CREEK WATERSHED
Plan Commission meeting of February 19, 2019.
GENERAL INFORMATION
Applicant: Department of Community Development
Actions Requested:
The City of Oshkosh Department of Community Development requests review and approval of
an amendment to Section 30-156 of the Floodplain Overlay Zoning District to adopt amended
FEMA Flood Insurance Rate Maps as the regulatory zoning floodplain maps as well as the Flood
Storage District Maps.
Applicable Ordinance Provisions:
The Zoning Ordinance, Section 30-380, establishes the ability of the Common Council, on its own
motion or on petition after first submitting the proposal to the City Plan Commission, to amend,
supplement or change Zoning District boundaries or regulations of the Zoning Ordinance.
BACKGROUND INFORMATION
The City Department of Community Development requests review and approval of amended
floodplain overlay maps to reflect the proposed new Flood Insurance Rate Maps (FIRMS) that are
scheduled to become effective on March 27th, 2019. The proposed FIRM is based on a Flood
Insurance Study (FIS) for the Sawyer Creek Watershed dated 12/13/17. The new mapping is the
result of an extensive study undertaken by the City and its engineering consultant, Strand
Associates while working with the Federal Emergency Management Agency (FEMA) and
Wisconsin Department of Natural Resources (WDNR). Included in this mapping action are the
recently created Flood Storage Districts.
For clarification purposes, the FIRM maps address the floodplain issues related to insurance,
while the regulatory map addresses the development/regulatory issues. The FIRM boundaries
are adopted locally as a regulatory zoning overlay that generally includes the 100 year Floodplain
and Floodway. Also included for the first time are the recently created Flood Storage Districts.
The City of Oshkosh participates in the National Flood Insurance Program by adopting maps and
regulations pertaining to special flood hazard areas (the floodplain) that are commonly known as
the Flood Insurance Rate Map (FIRM). Only the Federal Emergency Management Agency
(FEMA) can amend the FIRMs and these maps are periodically updated to reflect modifications in
the floodplain, which can also be initiated by property owners through the Letter of Map
Amendment (LOMA) or Letter of Map Revision (LOMR). If the City did not adopt the WDNR
Model Floodplain Ordinance, property owners within the FIRM would not be eligible to receive
flood insurance. Being mapped as a floodplain property, especially 100 year floodplain or
floodway, can significantly impact the developability of a property and/or be costly in terms of
having to obtain flood insurance.
On March 23, 2003, the current city-wide Flood Insurance Rate Maps (FIRM) became effective
from a regulatory standpoint. This adoption action was required for the City to continue to
participate in the National Flood Insurance Program (NFIP). Shortly thereafter, the WDNR
completed a detailed analysis of Winnebago County, including the City of Oshkosh, developing a
digital floodplain from the 2 -foot contour elevations, spot elevations, cross section analysis data,
and previous flood data. City staff has used this map from a regulatory standpoint since that
time, since it represents the most accurate available floodplain data.
Since the early 2000s, the City of Oshkosh has been working on improvements within the Sawyer
Creek Watershed to help alleviate regional flooding. Improvements such as construction of a
regional storm water detention basin at James Road, the dredging of Sawyer Creek and upgraded
bridges (Sawyer Street, Westfield Street and Witzel Avenue (County)) to increase cross sectional
area to allow more storm water to pass through the bridges have all improved drainage capacity.
These improvements as well as more refined field data collection have affected the regional
floodplain and in particular, the amount of land area and number of parcels that are mapped as
impacted by floodplain.
In order for the amended floodplain boundaries to take effect, the Common Council in late 2018
adopted a new floodplain district identified as a Flood Storage District (FSD). The FSDs are areas
mapped within the City and Winnebago County. The Winnebago County Board is scheduled to
consider the creation of the FSDs in early March of 2019.
On February 7, 2019, the City and County held a joint public meeting on the proposed new maps
at the Coughlin Center. For notification purposes, the City mailed approximately 450 meeting
notices to all property owners impacted by the new mapping and included a link to information
on the City's website where all information and maps relative to the proposal are currently
located. The City's website, also includes an interactive map that shows before and after
floodplain boundaries. Floodplain information can be found at:
https://www. ci.oshkosh.wi.us/PlanningServices/FloodPlainUpdate20l9. aspx
In order for the new floodplain maps to become effective, Winnebago County must map the flood
storage districts proposed outside of the City's jurisdiction in the Towns of Nekimi and Utica.
The Winnebago County Zoning Department is coordinating this process and the mapping will
need approval by the County Board.
Item— Adopt new FIRMs, FIS & Flood Storage District Mapping
ANALYSIS
The results of the City's efforts the past 15+ years have modified the reginal floodplain elevation
within the Sawyer Creek Watershed. Through computer modeling and enhanced data collection,
the mapped floodplain and floodway have changed on over 400 properties within the City.
While the vast majority of properties will see no change to their current status with FEMA's
insurance requirements, 60 properties are now shown to have no impact by the 100 year
floodplain or floodway. Conversely, 23 properties are now shown to be mapped with a portion
of 100 year floodplain or floodway on the property. This is mainly due to more refined data
gathering versus methods used on the current FIRMs. This does not necessarily mean the
property owners will be required to obtain flood insurance.
The proposed FIRMs take into account the creation of Flood Storage Districts. A Flood Storage
District is currently defined in 30-156 (C)(32) as "those floodplain areas where storage of
floodwaters has been taken into account during analysis in reducing the regional flood
discharge." A Flood Storage District (FSD) is a mapped area where flood storage capacity will be
protected where no increase in the amount of volume can be added in the FSD that would change
the height of the regional flood elevation. Basically, if a pail of dirt is added in an FSD, a pail of
dirt from another area of the property would need to be taken out to make up for the volume that
was added. The flood storage areas are calculated using computer models and actual ground
elevations.
The impact of the FSD is that development cannot be done that would cause an increase in the
regional flood elevation by removing flood storage volume. For development to occur,
"compensatory storage" would have to be provided. If compensatory storage cannot be
provided, the whole area has to be rezoned as a flood fringe district, which requires engineering
studies. This may mean providing engineering studies for even a simple development. The areas
that are being proposed as FSDs are areas that already "wet" and detain storm water during a
regional flood event but do so in an unofficial status. The majority of FSDs to be mapped in the
city generally involve existing detention basins so there should not be much of a practical impact
on development. The FSDs in the town areas generally involve lands used for agricultural
purposes and as previously stated do currently retain flood waters during a regional event. FSD
areas in the towns currently used agriculturally may continue to be farmed as long the ground
surface elevations are unaltered.
Adoption of the new FIRM's and FIS is the final step in completing the process to adopt new
Federal Emergency Management Agency Floodplain Maps, ensuring the City's continued
participation in the National Flood Insurance Program.
RECOMMENDATION
Staff recommends approval of the proposed Flood Insurance Rate Maps (FIRM), Flood Insurance
Study (FIS) and Flood Storage District Mapping as proposed.
Item — Adopt new FIRd/s, FIS & Flood Storage District Mapping 3
The Plan Commission approved of the proposed Flood Insurance Rate Maps (FIRM), Flood
Insurance Study (FIS) and Flood Storage District Mapping as requested. The following is the Plan
Commission's discussion on this item.
Mr. Burich and Mr. Nau presented this item and explained what step of the process they were in.
There was a meeting with all affected neighbors on February 7t". Over 450 notices were sent out.
Mr. Burich reviewed the PowerPoint from the meeting. The PowerPoint reviewed background
information, propose and goals. Mr. Nau said 60 properties have been completely removed from
any impact of the 100 year floodplain conversely 23 properties now slightly touch the 100 year
floodplain. A reason for this is because of the more accurate data they have received. Mr. Nau said
this does not mean all 23 properties will have to get floodplain insurance. Mr. Nau showed the
data and maps complied by Strand Associated. The City Department of Community Development
requests review and approval of amended floodplain overlay maps to reflect the proposed new
Flood Insurance Rate Maps (FIRMs) that are scheduled to become effective on March 27th, 2019.
The proposed FIRM is based on a Flood Insurance Study (FIS) for the Sawyer Creek Watershed
dated 12/13/17. In order for the new floodplain maps to become effective, Winnebago County must
map the flood storage districts proposed outside of the City's jurisdiction in the Towns of Nekimi
and Utica. The Winnebago County Zoning Department is coordinating this process and the
mapping will need approval by the County Board. Adoption of the new FIRM's and FIS is the final
step in completing the process to adopt new Federal Emergency Management Agency Floodplain
Maps, ensuring the City's continued participation in the National Flood Insurance Program.
There was no discussion on this item.
Motion by Kiefer to approve the public hearing: proposed zoning ordinance amendment to section 30-
156 - Floodplain Overlay Zoning District, to adopt revised FEMA insurance rate maps and regulatory
floodplain and flood storage district maps within the Sawyer Creek watershed. .
Seconded by Mott. Motion carried 7-0-1 (Abstain: Fojtik).
Mr. Burich explained this is a two part process and the county still has to map the flood storage
districts.
Item —Adopt new FIRMS, FIS & Flood Storage Distriet Mapping
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Proposed Flood Storage District
- Floodway 2019 Amendment
Floodplain 2019 Amendment
N Printing Date: 1!21/2019
1in = 0.8 mi
APrepared by: city -
1 in = 4,250 ft City of Oshkosh, WI °r
Oshkosh
The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the
approxmate relative location of property, boundaries and other feature from a variety of sources,
These map(s)(datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS -V without
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