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HomeMy WebLinkAbout04-22-19 Public Comment - D. Perlstein - Bozeman Creek Flood Plain StudyFrom:Brian Heaston To:"david perlstein" Cc:Agenda; Shawn Kohtz; Chuck Winn Subject:RE: Date:Monday, April 22, 2019 11:45:36 AM David – The FEMA flood study is purposed with identifying and mapping flood hazards on Bozeman Creek. The study incorporates the existing configuration of the creek and the built environment. A detailed aerial survey was conducted for the project using LiDAR survey techniques. The study indicates that your property has a flood hazard associated with it. This corroborates actual flooding experienced. The City does not incur liability because of the FEMA mapping. We incur liability by not permitting projects requiring permitting in the floodplain. We require permits, and have obtained permits to my knowledge, for work requiring permitting that has occurred at Creekside since the floodplain was first mapped by FEMA in the early 1980s. I would strongly encourage you to purchase flood insurance now. It can be purchased at a reasonable rate now the new maps become effective placing your building in the floodplain. Frankly, for a property with a known flood hazard to not have insurance, particularly for the ‘affordable housing’ you’re providing, is irresponsible and is not taking responsibility for the tenants residing there. As mentioned during our meeting, nothing is preventing you from raising money to perform the improvement you seek. You have a willing partner, in me, in seeing this through, but you have to do the lift to make the project a reality, which means finding money for it. The improvements done to Creekside with the retaining wall were in place prior to when you purchased the property. It was an existing condition which should have been considered in your due diligence with purchasing the property. Respectfully, Brian From: david perlstein <davidperlstein@gmail.com> Sent: Monday, April 22, 2019 10:15 AM To: Brian Heaston <bheaston@BOZEMAN.NET> Cc: Agenda <agenda@BOZEMAN.NET> Subject: Brian, It appears that the study on Bozeman Creek done by Allied Engineering has put my apartment complex on Beall in the flood plain. This would be the first time that this has occurred in the house’s lifetime. This is an affordable housing project. This study will affect my property value and of course the affordability. I was surprised to learn that no land survey was done after realizing housing would now be added to the flood plain. Wouldn’t the City want to make sure that this study is correct? FEMA has always insisted that Creekside Park was the problem to flooding on that corner. Has there been any consideration to fixing this park and the inherent problems? The concrete wall built above grade and the illegal rip rap (to which I have photos and signed sworn affidavit). Maybe being proactive and fixing this dilapidated wall and beautifying the park would be a better solution than just blindly looking at aerial measurements and ‘grandfathering’ known issues. This wouldn’t be allowable for a developer or home owner and the City doesn’t deserve a pass either. I believe with the scope of your new study, the least the City of Bozeman can do, is a land study to try and protect affordable housing and understand ramifications to the Fema Map. The City should be working with all means and methods to ensure the accuracy of this new work. There is a liability issue that the city continues to ignore and now impacts our property values. The Creekside Park continues to affect the life safety and property value in the neighborhood and now is the time for the City of Bozeman to do the work on the Creekside Park. Sent from Mail for Windows 10