HomeMy WebLinkAboutR-2010-174 Stipulated Settlement Agreement - Water Supply Plan RESOLUTION NO. 2010-174
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING A STIPULATED SETTLEMENT
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE STATE
OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CONCERNING
THE COMPREHENSIVE PLAN AMENDMENT ADOPTED PURSUANT TO
ORDINANCE NO. 2008-013; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on April 28, 2009, the City of Dania Beach ("City") adopted Ordinance
No. 2008-013 approving a comprehensive plan amendment which proposed to incorporate a 10-
Year Water Supply Facilities Work Plan("Plan Amendment"); and
WHEREAS, the Florida Department of Community Affairs (the "Department") issued
its Statement of Intent regarding the Amendment on July 2, 2009, and the Notice of Intent was
published on July 7, 2009, pursuant to Section 163.3184(8), Florida Statutes; and
WHEREAS, as set forth in the Statement of Intent, the Department found the Plan
Amendment "not in compliance"; and
WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, the Department filed a
Petition for Formal Administrative Proceedings with the Florida Division of Administrative
Hearings, DOAH Case No. 09-3596GM ("Administrative Proceedings"); and
WHEREAS, Section 163.3184(16), Florida Statutes, provides that at any time following
the issuance of a Notice of Intent to find a comprehensive plan amendment not in compliance,
the state planning agency and the local government may voluntarily enter into an agreement to
settle one or more issues raised by the state land planning agency; and
WHEREAS, following coordination with the Department, the parties conferred and
agreed to resolve the issues involved in the Administrative Proceedings through this Stipulated
Settlement Agreement ("Agreement"), which provides that the City shall undertake certain
remedial actions necessary for the Plan Amendment to be found in compliance, including the
preparation and processing of a remedial comprehensive plan amendment; and
WHEREAS, within sixty (60) days of the execution of this Agreement, the City agrees
to take all remedial actions and adopt all remedial comprehensive plan amendments, and to
transmit such amendments to the Department as provided in Rule 9J-11.0131(3), Florida
Administrative Code, and to other local and state agencies as required by law; and
WHEREAS, public notice has been provided as required by Section 163.3184(16)(c),
Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above recitals are true and correct and are incorporated by
reference.
Section 2. That the Stipulated Settlement Agreement between the State of Florida
Department of Community Affairs and the City of Dania Beach providing for the settlement of
DOAH Case No. 09-3596GM, a copy of which is attached hereto and by reference made a part
hereof, is hereby approved in its entirety.
Section 3. That the City Manager is hereby authorized to execute the Stipulated
Settlement Agreement, attached hereto as Exhibit"A".
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. This Resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED on October 26, 2010.
711,
l
PRA's F1Rgr c, . McELYEA
0
YOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC ,
CITY CLERK
APPROVED AS T FO AND CORRECTNESS:
THO AS J/ANSBIZO
CITY ATTORNEY
I�
2 RESOLUTION#2010-174
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V. DOAH Case No.09-3596GM
CITY OF DANIA BEACH,
Respondent.
STIPULATED SETTLEMENT AGREEMENT
THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the
State of Florida, Department of Community Affairs and the City of Dania Beach as a complete
and final settlement of all claims raised in the above-styled proceeding.
RECITALS
WHEREAS,the State of Florida,Department of Community Affairs(DCA or
Department),is the state land planning agency and has the authority to administer and enforce
the Local Government Comprehensive Planning and Land Development Regulation Act,Chapter
163,Part II,Florida Statutes;and
WHEREAS,the City of Dania Beach(Local Government)is a local government with the
duty to adopt comprehensive plan amendments that are"in compliance;"and
WHEREAS,the Local Government adopted a comprehensive plan amendment(Plan
Amendment)by Ordinance Number 2008-013 on April 28,2009,and
WHEREAS,the Plan Amendment proposes to amend the Local Government's
comprehensive plan to incorporate the 10-Year Water Supply Facilities Work Plan, and
WHEREAS,the Department issued its Statement of Intent regarding the Amendment on
July 2,2009,and the Notice of Intent was published on July 7,2009,and
WHEREAS,as set forth in the Statement of Intent,the Department contends that the
Amendment is not"in compliance"because the Local Government has not adequately
demonstrated that its future potable water supply needs can be met as a result of insufficient
supporting data and analysis and inadequate comprehensive plan policies; and
WHEREAS,pursuant to Section 163.3184(10),Florida Statutes,DCA has initiated the
above-styled formal administrative proceeding challenging the Amendment;and
WHEREAS,the Local Government disputes the allegations of the Statement of Intent
regarding the Amendment;and
WHEREAS,the parties wish to avoid the expense,delay,and uncertainty of lengthy
litigation and to resolve this proceeding under the terms set forth herein,and agree it is in their
respective mutual best interests to do so;
NOW,THEREFORE,in consideration of the mutual covenants and promises herein
below set forth,and in consideration of the benefits to accrue to each of the parties,the receipt
and sufficiency of which are hereby acknowledged,the parties hereby represent and agree as
follows:
GENERAL PROVISIONS
1. Definitions. As used in this agreement,the following words and phrases shall
have the following meanings:
a. Act:The Local Government Comprehensive Planning and Land
Development Regulation Act as codified in Part II Chapter 163 Florida
P � p Statutes.
b. Agreement:This stipulated settlement agreement.
C. Comprehensive Plan Amendment or Plan Amendment: Comprehensive
plan amendment adopted by the Local Government on April 28,2009,as Ordinance
Number 2008-13.
d. DOAH:The Florida Division of Administrative Hearings.
e. In compliance or into compliance: The meaning set forth in Section
163.3184(l)(b),Florida Statutes.
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f. Notice:The notice of intent issued by the Department to which was
attached its statement of intent to find the plan amendment not in compliance.
g. Petition:The petition for administrative hearing and relief filed by the
Department in this case.
h. Remedial Action:A remedial plan amendment,submission of support
document or other action described in the statement of intent or this agreement as an
action which must be completed to bring the plan amendment into compliance.
i. Remedial Plan Amendment:An amendment to the plan or support
document,the need for which is identified in this agreement,including its exhibits,and
which the local government must adopt to complete all remedial actions. Remedial plan
amendments adopted pursuant to this Agreement must,in the opinion of the Department,
be consistent with and substantially similar in concept and content to the ones identified
in this Agreement or be otherwise acceptable to the Department.
j. Statement of Intent: The statement of intent to find the Plan Amendment
not in compliance issued by the Department in this case.
k. Support Document: The studies,inventory maps, surveys,data,
inventories,listings or analyses used to develop and support the Plan Amendment or
Remedial Plan Amendment.
2. Department Powers. The Department is the state land planning agency and has
the power and duty to administer and enforce the Act and to determine whether the Plan
Amendment is in compliance.
3. Negotiation of Agreement. The Department issued its Notice and Statement of
Intent to find the Plan Amendment not in compliance, and filed the Petition in this case to that
effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the
issues in the Petition,Notice and Statement of Intent through this Agreement. It is the intent of
this Agreement to resolve fully all issues between the parties in this proceeding.
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4. Dismissal. If the Local Government completes the Remedial Actions required by
this Agreement,the Department will issue a cumulative Notice of Intent addressing both the
Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The
Department will file the cumulative Notice of Intent with the DOAH. The Department will also
file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for
realignment of the parties,as appropriate under Section 163.31 g4(16)(f),Florida Statutes.
S. Description of Provisions not in Compliance and Remedial Actions,• Legal Effect
of A eement. Exhibit A to this Agreement is a copy of the Statement of intent,which identifies
the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance.
Exhibits A and B are incorporated in this Agreement by this reference. This Agreement
constitutes a stipulation that if the Remedial Actions are accomplished,the Plan Amendment will
be in compliance.
6 Remedial Actions to be Considered for Adoption. The Local Government agrees
to consider for adoption by formal action of its governing body all Remedial Actions described
in Exhibit B no later than the time period provided for in this Agreement.
7 Adoption or Approval of Remedial Plan Amendments. Within 60 days after
execution of this Agreement by the parties,the Local Government shall-consider for adoption all
Remedial Actions or Plan Amendments and amendments to the Support Documents. This may
be done at a single adoption hearing. Within 10 working days after adoption of the Remedial
Plan Amendment,the Local Government shall transmit 3 copies of the amendment to the
Department as provided in Rule 9J-11.0131(3),Florida Administrative Code. The Local
Government also shall submit one copy to the regional planning agency and to any other unit of
local or state government that has filed a written request with the governing body for a copy of
the Remedial Plan Amendment and a copy to any party granted.intervenor status in this
proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a
letter which describes the remedial action adopted for each part of the plan amended,including
references to specific portions and pages.
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8. Acknowledgment. All parties to this Agreement acknowledge that the "based
upon"provisions in Section 163.3184(8),Florida Statutes,do not apply to the Remedial Plan
Amendment.
9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days
after receipt of the adopted Remedial Plan Amendments and Support Documents,the
Department shall issue a Notice of Intent pursuant to Section 163.3184,Florida Statutes,for the
adopted amendments in accordance with this Agreement.
a. In Compliance:If the adopted Remedial Actions satisfy this Agreement,
the Department shall issue a cumulative Notice of Intent addressing both the Plan Amendment
and the Remedial Plan Amendment as being in compliance. The Department shall file this
cumulative notice with DOAH and shall move to realign the parties or to have this proceeding
dismissed,as may be appropriate.
b. Not in Compliance: If the Remedial Actions do not satisfy this
Agreement,the Department shall issue a Notice of Intent to fund the Plan Amendment not in
compliance and shall forward the notice to DOAH for consolidation with the pending
proceeding.
10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be
counted toward the frequency restrictions imposed upon plan amendments pursuant to Section
163.3187(1),Florida Statutes.
11. Purpose of this Agreement;Not Establishing Precedent. The parties enter into
this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of
disputes arising out of or related to the Plan Amendment. The acceptance of proposals for
purposes of this Agreement is part of a negotiated agreement affecting many factual and legal
issues and is not an endorsement of,and does not establish precedent for,the use of these
proposals in any other circumstances or by any other local government.
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12. Approval by Governing Body. This Agreement has been approved by the Local
Government's governing body at a public hearing advertised at least 10 days prior to the hearing
in a newspaper of general circulation in the manner prescribed for advertisements in Section
163.3184(16)(c),Florida Statutes. This Agreement has been executed by the appropriate officer
as provided in the Local Government's charter or other regulations.
13. Changes in Law. Nothing in this Agreement shall be construed to relieve either
party from adhering to the law,and in the event of a change in any statute or administrative
regulation inconsistent with this agreement,the statute or regulation shall take precedence and
shall be deemed incorporated in this Agreement by reference.
14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect
the rights of any person not a party to this Agreement. This Agreement is not intended to benefit
any third party.
15. Attorney Fees and Costs. Each party shall bear its own costs,including attorney
fees,incurred in connection with the above-captioned case and this Agreement.
16. Effective Date. This Agreement shall become effective immediately upon
execution by the Department and the Local Government.
17. Filing and Continuance. This Agreement shall be filed with DOAH by the
Department after execution by the parties. Upon the filing of this Agreement,the administrative
proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with
Section 163.3184(16)(b),Florida Statutes.
18. Retention of Right to Final Hearing. Both parties hereby retain the right to have a
final hearing in this proceeding in the event of a breach of this Agreement,and nothing in this
Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to
have this matter set for hearing if it becomes apparent that any other party whose action is
required by this Agreement is not'proceeding in good faith to take that action.
19. Construction of Agreement. All parties to this Agreement are deemed to have
participated in its drafting. In the event of any ambiguity in the terms of this Agreement,the
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parties agree that such ambiguity shall be construed without regard to which of the parties
drafted the provision in question.
20. Entire Agreement. This is the entire agreement between the parties and no verbal
or written assurance or promise is effective or binding unless included in this document.
21. Governmental Discretion Unaffected. This Agreement is not intended to bind the
Local Government in the exercise of governmental discretion which is exercisable in accordance
with law only upon the giving of appropriate public notice and required public hearings.
22. Multiple Originals. This Agreement may be executed in any number of originals,
all of which evidence one agreement,and only one of which need be produced for any purpose.
23. Captions. The captions inserted in this Agreement are for the purpose of
convenience only and shall not be utilized to construe or interpret any provision of this
Agreement.
In witness whereof,the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
By: App oved as to form and legality:
Charles Gauthier, Dire for
Division of Community Planning
.Mary Thomas,EsqV
Assistant General Counsel
Date Date
i
i
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07/09/2009 10:51 8509222679 DCA LEGAL PAGE 05/12
i
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
IN RE:CITY OF DANIA,BEACH
COMPREHENSIVE PLAN AMENDMENT
ADOPTED BY ORDINACE NO.200"13 Docket No.09-RWSP I-NOI-0605-(A)-(N)
APRIL 28,2009
STAB OF TO FIND
OOMPREt�ENSIV ELM AA4ENQMENT
NO P IANC
The Florida Department of Community Affairs,pursuant to Section 163.3184(l0),
Florida Statutes,and Rule 9J-I I.012(6)1,Florida-Administrative Code, hereby issues this
Statement of Intent to find the Comprehensive Plan Amendment("Amendment')adopted by
the City of Dania Beach in Ordinance No.2008-013 on April 283,2009 not'in compliance. The
Department finds the Amendment not"in compliance",as defined in Section 163.3184(1)(b)>
Florri'da Statutes,because it is not consistent with Chapter 163,Fart U,Florida Statutes,Florida
Administrative Code("F.A,C,")Rule 9J 5,and the State Comprehensive Flan,Chapter 187,
Florida Statutes,for the following reasons:
I. CHANGES RE ED TC7 THE 10-YEAR WA-TER-&UPPLY FACILITIES WORK
L
A. Inconsistent 2rovissons: The City of Dania Beach 09-RWSP1 adopted
amendment consists of revisions to the City's Comprehensive Man incorporating the I 0-Year
Water Supply Facilities Work Plan "Water Supply Plan' The Ci 's Water( pp Y ')• ty Supply Plan is
incorporated into the Sanitary Sewer,Solid Waste,Drainage,Potable Water,Natural
Groundwater Aquifer Recharge Element of the City's Comprehensive Plan. The City has not
EXHIBIT
Jul 9 M 11:08
07/09/2009 10:51 8509222679 ICA LEGAL PAGE 06/12
adequately demonstrated that the City"s future potable water supply needs can be met as a
result of the following insufficient supporting data and analysis and inadequate policies:
l• The City's projections of population for the City's water supply service area are
provided in Table 5 (page 3 l)and Table 6(page 37)of the Water Supply Plan.
The City has not explained how these population projections were determined.
Furthermore,these population projections are lower than the population
projections for the water supply service area submitted by the City to the South
Florida Water Management District in its application to rencw its consumptive
use permit Because the population projections for the City's water supply
service area may be too low,the City's projections for water demand may also
be too low. As a result,the City's water supply resources may be inadequate to
meet the future water supply demand within the City's water supply service
aJt'ea.
2. Evert if the population projections in Tables 5 and 6 are correct,the City has not
explained how the water supply demand projections were determined and the
City's projections for water supply demand included in Table 5 may be too low.
For example,the City states on page 25 of the Water Supply Plan,that water
supply demand in 2004-2006 was 2.7 mgd,but current demand is 2.1 mgd. The
lower water demand is due to water use restrictions unposed by the South
Florida Water Management District and may not be representative of current
water supply demands once the water use restrictions are removed. As a result,
Table 5,on page 31 of the City's Water Supply Ptah,appears to under estimate
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Jul 9 2009 11:08
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projected water supply demand. For example,Table 5 states that water demand
through 2010 will be 2.4 mgd. This demand is less than the demand for the
period 2004-2006. The Water Supply Plan does not explain how the reduction
in water use will be achieved.
3. The City has not demonstrated that it will have adequate water supply resources
to meet projected demand. For example,Table 5,of the City's Water Supply
Plan,indicates that the City$available water supply will increase from 1.8 mgd
to 2.0 mgd by 2416. This increase in waxer supply will be provided ihrough an
"attempt to skim additional water from its coastal wellfield to regain lost
capacity(0.2 MGD)which will solve the water supply issues through 2019.ts' if
the water skimming project is not feasible,the current water supply of2.9 mgd
will only be sufficient until 2017;two yeah short of the required Minimum
Planning period. The City has not identified a reliable alternative water supply
program to implement if the water skinwiing project is not feasible.
In addition,the City's new 2.0 mgd nanol11ltration water treatment plant is
expected to be online by 2010. The City's Water Supply Plan does not address
water supply loss that will occur through this water treatment process or
demonstrated that an adequate finished water supply will be available to meet
projected demand.
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Jul 9 2W9 11:08
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Furthermore,by the year 2025 and through.2028(the long term planning time
frame established in the Water Supply plan),the City expects to have an
available water supply of 3.0 mgd. To meet this demand,the City states that it
will need"to consider acquisition of water from Hollywood,or participate in a
Yet-to-be identified regional solution"(Water Supply Plan,page 30). Other
alternative water supply options include investigating additional well locations
in the City and participating with the County in"efforts to recharge the Coup
ty
wellfield on a utilization basis."(Water Supply Plan,page 32) The Water
Supply Plan does not identify the specific alternative water supply project or
Projects the City will implement to ensure a sufficient source of water to meet
projected demands.
4. Policies 4.1,4.2,4.3,and 4.5 in the Potable Water Sub-element,Polioics 5.1
5.2,and 5.5 in the Intergovenunental Coordination Element,and Policies 7.1,
7.2,and 7.3 in the Conservation Element require the City to"[0rivestigate
additional well locations in the City's current wellfield",to"Marticipate with
the County o[n]efforts to recharge the County wellfield on a utilization basis'".
and to continue the evaluation process to determine the feasibility of
implementing the water skimming project. These policies do not include
specific programs and activities to be undertaken by the City to implement
alternative water supply Projects to ensure their implementation in time to meet
future water supply needs.
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Jul 9 20N 11:08
07/09/2009 10:51 0509222679 DCA LEGAL PAGE 09/12
Therefore,the Amendment is inconsistent with Section 163.3167(13),Florida Statute,
F.S.,which states, in part,that local governments shall address in its comprehensive plan the
water supply sources necessary to meet and achieve the existing and projected water use
demand for the established planning perm. The Amendment is also inconsistent with Section
163.3177(6)(c),F.S.which states that elements within the comprehensive plan must identify
alternative water supply projects and traditional water supply pirojects and conservation and
reuse necessary to meet the water needs%ithin the local government's jurisdiction and include
a work plan,covering at Icast a 10 year planning period,for building public,private,and
regional water supply facilities,including development of alternative-water supplies,which are
identified in the elements as necessary to serve existing and new development.
Authority:Sections 163.3164(32); 163.3167(13); 163.3177(3),(4xa),(bxc),(d),and(h),
(9)(h),F.S.;Rules 91-5.005(2),(S)and(6);9J-5.006(2xa),(3Xb)1 and(c)3; 91-5.0I I(1
(2)(b)2 and(c)1;9J•5.013(1xc),(2)(a);9J-5.015(l),(2),(3)(b)3,(c)3 and I I, 9J-5.01
6(1ax )
and(c),(2Xa),(b),(c),and(e),(3)(b)l,3,4,5,(c)3,6,and(4)1 and 2;F.A.C.
B. Recommended remedial actions• The Department recommends the following
remedial actions:
1. Revise the City's projections ofpopulation for the City's water supply service
area based upon a professionally accepted mid applied methodology.
2. Based upon the revised projections of population within the City's grater service
area,revise the projections of water supply demand through the year 2028 using
a professionally accepted and applied methodology.
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3. Revise the data and analysis to explain how the City will meet projected water
demand and identify the alternative water supply sources that will be used to
mect the projected demand,accouming for expected water losses that will result
from the nanofiltration treatment process.
4. Revise Policies 4.1,4.2,4.30 and 4.5 in the Potable Water Sub-element,Policies
5.1,5.2,and 5.5 in the Intergovernmental Coordination Element,and Policies
7.1,7.2,and 7.3 in the Conservation Element to include the specific programs
and activities to be undertaken by the City to implement the alternative water
supply projects that will be used by the City to meet future water supply needs.
Include any water supply projects that will be implemented by the City in the
next five years in the City's Five-Year Schedule of Capital Improvements.
II. CONSISTENCY W1RJ THE TA COMP HENS E PLAN
A. Inconsistent '
� ,..�rov tsions The Anacndmetxt is inconsistent with the State
Comprehensive Platt goals and policies set forth in Section 187.201,Florida Statutes,including
I
the following provisions:
L Water Resources 187.201(7)(a)and(b)3,5,9, 11, 13,and 14:Ensure that
I
new development is compatible with existing local and regional water supplies,
protect aquifers,and promote water conservation;and
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2. Public Facilities 187,201(17)(a)and(b)3,4,5,6,7,and 9: Encourage the.
development,rise,and coordination of capital improvement plans by all levels
Of government and to ensure the availability of public facilities.
B. Reco a dad remedial action. These inconsistencies may be remedied by
revising the Amendment as described above in Section 1.
!CONCL-USION
1. The Amendment is not consistent with the State Comprehensive Plan,;
2. The Amendment is not consistent with Chapter 9J 5,l~loitida Administrative Code;
3. The Amendment is not consistent with the requirements of Chapter 163,Part II, Florida
Statutes;
4. The Amendment is not"in compliance,"as defined in Section 163.3184(1)(b)Florida
Statutes;and
5. rn order to bring the Amendment into compliame,the City may complete the
recommended remedial actions described above or adopt other remedial actions that eliminate
the inconsistencies.
Executed this�y of July 2009,in Tallahassee,Florida.
C-
Mike 11cDaniel
Chief,Office of Comprehensive Planning
Department of Community AtYWrs
2555 Shumard Oak Boulevard
j Tallahassee,Florida 32399
7
EXHIBIT B
In response to the Department of Community Affairs' Statement of Intent finding
the City of Dania Beach's 10-Year Water Supply Facilities Work Plan adopted by
Ordinance Number 2008-013 on April 28,2009"not in compliance",Dania Beach will
undertake the following remedial actions.
1. Potable Water Sub-element Revisions
a. Table 6 in Objective I is replaced with new Table 8
Table 7$
'M4Ia Bch Water Demand v.Su
pp
City Service.Area errand: ft County-Service Area Demand vs,Su
P ty PPty
Year City Service Avg Finished Flow County Service Avg Finished Total Water
Area MGD Total Raw Area Flow MGD Supply
Population Water Supply Population Available from
Available Hol ood
2010 16,568 2.30 2.43 15,712 3.9 3.9
2015 20,054 2.79 2.92 16,992 4.4 4.4
2020 22,869 3.18 3.36 18,173 4.7 4.7
2025 24.192 3.36 3.53 18,959 5.0 5.0
2030 24,801 3.45 3.62 19,699 5.4 5.4
*Note County service area flow projections per capita are substantially higher than the City
service area as a result of the County providing service estimated to exceed 1.5 MGD to the
Fort Lauderdale-Hollywood International Airport and ancillary commercial and industrial
complexes associated with the airport.
b. Revise Policy l.l Complete the nanofiltration plant by 20101.
c. Revise Policy 1.2 Establish as a level of service standard a consumption of
3-50 300 gallons per day for an equivalent residential connection.
d. Revise Policy 1.4 Adopt as the level of service standard the following design
flows as established in Ordinance 4146:
1. Dwellings:
Each Single Family Unit= 1 ERC
2. Condominium:
3 bedroom 300 gpd 1 ERC
1&2 bedroom 250 gpd 0.71 ERC
CRA Condo 150 gpd 0.5 ERC �■r■
EXHIBIT
OCTOBER 15 2010
3. Motel/Hotel:
100 gpd CRA hotel room
150 gpd per room/200 gpd per pool
350 gpd per mgr.apt.
4. Mobile Home:
100 gpd per space
No changes
20. Warehouse:
0.1 gpd per square foot
Note the City has adopted a plumbing fixtures ordinance that
restricts all new and replacement fixtures to meeting EPA's
WaterSense initiative goals (1.2 g/flush toilets 0.5 gpf urinals and
1.5 gpm faucets)
p
e.
.
f. .
g. Renumber Policies 1.7 and 1.8 as 1.5 and 1.6,respectively.
h. The following revisions will be made to the policies associated with Objective
IV:
Policy 4.1 The City will utilize its existing agreement with Broward County
to provide traditional water sources that will be required within the
10 year planning horizon.
Policy 4.4-2 Investigate additional well locations in the City's current wellfield.
This will require drilling of test wells, additional monitoring wells
(completed 2007)and modeling of proposed locations to determine
if additional raw water is available in Dania Beach.
Policy 4.2_3 Investigate Ranney well. The City shall continue
Lnue the process to
evaluate the ability of horizontal wells to skim water off of the
OCTOBER 15,2010 2
sands above the Bisca ii�e aquifer, while creating, minimal
drawdown that will prevent saltwater intrusion and upconin , and
shallow enough that the Biscame aquifer/Everglades is not
affected. While this solution may be tantamount to a surface
system with regard to treatment, but the extensive loss of water to
tide would be only partially curtained as a result of the proposed
horizontal well project. A protocol for development for this type of
supply will result from ongoing modeling and investigations
funded in 2008-2011. Pursue by 2015 if found to be viable.
Policy 4.34 Participate with the County ofn efforts to recharge the County
wellfield on a utilization basis. This may include additional wells,
storm water recharge or reuse recharge.
aquifer-, WW.ie er-ialin. i _d fawd Awm,��that
I�C at}a411 pr--event
��
`{i
bYAtAA AI 7h1. dAT}AIAY,YM AN'F TAM this
type
AT s11N711t1 -Ail!
ll result
TYA1+Y1
Policy 4.5 By 2012, develop a preliminary model of the RanneX collector/
horizontal well and by 2015 test well for production to identify a
water source and infrastructure to meet water demands beyond
2030.
Policy 4.6 Continue to participate in the Southeast Broward County Regional
Groundwater Model scheduled for completion in 2012.
Policy 4.7 Continue to coordinate with the SFWMD's Regional Water Supply
Plan.
Policy 4.8 The City shall update its comprehensive plan and work plan within
18 months of LEC Water Supply Plan updates as approved by
SFWMD.
i. The followingrevisions will be made to the policies associated with
Objective V:
OCTOBER 15,2010 3
Policy 5.1 DevelephnMaintain an accurate database of water consumption to
reduce municipal water waste — all services in the City are
metered, including all irrigation services.
Policy 5.2 The City will enforce its ordinance to require all new and
remodeled Remodeling e buildings to use plumbing
fixtures in accordance with USEPA's WaterSense conservation
proms_
&o qui-refne 4s ;hJeh require lerZow fixtafs
.
Policy 5.3 The City will enforce its Florida Friendly landscaping ordinance
The City's landscaping regulations address the planting of native
and site ada tive exotic s ecies that are suited to the normal
hydrological cycle of South Florida and support the xeriscape
concert.
pehey 5.3 :Fhe City will amend its land development regtAafiens to pfefne4e
Policy 5.4 The City will continue its public information and education
programs—the City has SFWMD brochures on water conservation
and Florida Friendly Landscaping available for the public (on
display).
Policy 5.5 The City will continue its water conservation rate structure that
penalizes residents using in excess of 10,000 gallons per month.
The typical single family use in Dania Beach is$b,000 gallons per
month, or 26-7 150 gpd/ERU. The average single family home
uses 70 gpcd.
Policy 5.6 The City requires the installation of low flow plumbing fixtures in
accordance with the Florida Building Code.
Policy 5.7 The City will provide educational literature for the public.
Policy 5.98 The City will amend enforce its Land Development Code to
provide for the use of rain sensors for new and retrofit of irrigation
systems.
Policy 5.89 The City will develep-a continue its program to recalibrate large
meters every two years and plant meters annually. The City
OCTOBER 15,2010 4
changes out a number of older meters each year, depending ion the
age(prior change outs were not recorded).
2. Conservation Element
The following revisions will be made to the policies associated with
Objective VII:
Policy 7.1 The City will utilize its existing agreement with Broward County
to provide traditional water sources that will be required within the
10 year planning horizon.
Policy 7.4-2 Investigate additional well locations in the City's current wellfield.
This will require drilling of test wells, additional monitoring wells
(completed 2007)and modeling of proposed locations to determine
if additional raw water is available in Dania Beach.
Policy 7.3 Investigate Ranney well. 'The City shall continue the process to
evaluate the ability of horizontal wells to skim water off of the
sands above the Biscayne aquifer, while creating minimal
drawdown that will prevent saltwater intrusion and upconing, and
shallow enough that the Bisca a aquifer/Everglades is not
affected. While this solution may be tantamount to a surface
system with regard to treatment, but the extensive loss of water to
tide would be only partially curtained as a result of the proposed
horizontal well project. A protocol for development for this type of
suvply will result from ongoing modeling and investigations
funded in 2008-2011. Pursue by 2015 if found to be viable.
Policy 724 Participate with the County ofn efforts to recharge the County
wellfield on a utilization basis. This may include additional wells,
storm water recharge or reuse recharge.
Policy 7.5 By 2012,develop a preliminary model of the Ranney collector/
horizontal well and by 2015 test well for production to identify a
water source and infrastructure to meet water demands beyond
2030.
Policy 7.6 Continue to participate in the Southeast Broward County Regional
Groundwater Model scheduled for completion in 2012.
Pelie),7.3 :The City shall een6nHe the pf-eeess te evalua4e the ability e
OCTOBER 15,2010 5
'r /T laden is of aff ted. While
this
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pfe4eeel fer-develepment for-this t�Te ef supply will result fr-
3. Intergovernmental Coordination Element
The following revisions will be made to the policies associated with
Objective V:
Policy 5.1 The City will utilize its existing.agreement with Broward County_
to provide traditional water sources that will be required within the
10 year planning horizon.
Policy 5.4-2 Investigate additional well locations in the City's current wellfield.
This will require drilling of test wells, additional monitoring wells
(completed 2007)and modeling of proposed locations to determine
if additional raw water is available in Dania Beach.
Policy 5.3 Investigate Ranney well. The City shall continue the process to
evaluate the ability of horizontal wells to skim water off of the
sands above the Bisca ne aquifer while creating` minimal
drawdown that will prevent saltwater intrusion and upconin , and
shallow enough that the Biscayne aquifer/Everglades is not
affected. While this solution may be tantamount to a surface
system with regard to treatment, but the extensive loss of water to
tide would be only partially curtained as a result of the proposed
horizontal well project. A protocol for development for this type of
supply will result from ongoing modeling and investigations
funded in 2008-2011. Pursue by 2015 if found to be viable.
i
Policy 524 Participate with the County ofn efforts to recharge the County
wellfield on a utilization basis. This may include additional wells,
storm water recharge or reuse recharge.
Policy 5.5 By 2012,develop a preliminary model of the Ranney collector/
horizontal well and by 2015 test well for production to identify a
water source and infrastructure to meet water demands be, and
2030.
Policy 5.6 Continue to participate in the Southeast Broward County Regional
Groundwater Model scheduled for completion in 2012.
OCTOBER 15,2010 6
Policy 5.37 Continue to coordinate with the SFWMD's Regional Water Supply
Plan.
Policy 5.48 The City shall update its comprehensive plan and work plan within
18 months of LEC Water Supply Plan updates as approved by
SFWMD.
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OCTOBER 15,2010 7