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.
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