HomeMy WebLinkAboutR-2023-039 Sea Level Rise and Future Conditions RESOLUTION NO. 2023-0439
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, INCORPORATING SEA LEVEL RISE
CONSIDERATIONS INTO PROJECT DESIGN FOR ALL NEW
CONSTRUCTION IN THE ENTIRE CITY; ADOPTING INTERIM DESIGN
STANDARDS FOR THE ENTIRE CITY,INCLUDING BUT NOT LIMITED TO
THE COUNTY PRIORITY PLANNING AREAS; AND ESTABLISHING
OTHER TECHNICAL AND POLICY CITY-WIDE MILESTONES;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 2019, the Southeast Florida Regional Climate Change Compact ("the
Compact") developed the Updated Unified Regional Sea Level Rise Projection for the region for
the 2000-2120 timeframe using the Intergovernmental Panel on Climate Change (IPCC) Median
and National Oceanic and Atmospheric Administration ("NOAA") Intermediate High sea level
rise projection, with the NOAA Intermediate High projection recommended to be generally
applied to most projects within a mid-term planning horizon,up to 2070; and
WHEREAS, in 2021, the Florida Legislature enacted Florida Statutes Section 380.093,
which is known as the "Always Ready" legislation, that includes sea level rise projections for the
NOAA Intermediate Low and Intermediate High projections for 2040 and 2070,projections which
are to be used in State-funded vulnerability assessments; and
WHEREAS, in 2021, Broward County adopted an update to its Priority Planning Areas
Map Series that identifies areas hydrologically connected to tidally-influenced water bodies that
are subject to increased risk of inundation under a 3.3-foot sea level rise scenario (the "NOAA
Intermediate High" projection), projected to occur as soon as 2070 (based on the 2019 Compact
Unified Sea Level Rise Projections,40"from Mean Higher High Water equivalent to an elevation
of 3.86' North American Vertical Datum of 1988 (NAVD 88)) and numerous other policies and
standards related to the review of projects relative to sea level rise; and
WHEREAS, the City of Dania Beach has initiated the development of a Stormwater
Master Plan anticipated to be completed in 2024, which will take into consideration the above
projections; and
WHEREAS, the City of Dania Beach has initiated an Evaluation and Appraisal Report
("EAR") for its existing Comprehensive Plan anticipated to be completed in 2024, and the City
has identified compliance with Section 163.3178(2)(f),Florida Statutes as an issue to be addressed
within the EAR,which proposed amendments are known as "Peril of Flood"Amendments for the
Coastal Management Element; and
WHEREAS, the City of Dania Beach has initiated the development of a Vulnerability
Assessment to be completed in 2024, funded by a Resilient Florida grant from the Florida
Department of Environmental Protection ("FDEP"); and
WHEREAS, the City of Dania Beach currently recognizes that through the development
of: (1) technical information about the City's stormwater system in the Stormwater Master Plan;
(2) its proposed Vulnerability Assessment, meeting the requirements of section 380.093, Florida
Statutes, which statute is entitled "Resilient Florida Grant Program; comprehensive statewide
flood vulnerability and sea level rise data set and assessment; Statewide Flooding and Sea Level
Rise Resilience Plan; regional resilience entities"; and, (3) its policy Amendments to ensure
compliance with the State of Florida's "Peril of Flood"Amendments,these efforts all contemplate
the anticipated changes in future conditions related to sea level rise, and require the inclusion,
specifically, of the NOAA Intermediate High sea level rise projection in all construction project
designs in the entire City, and will require new policy and ordinance development to take these
changes into consideration; and
WHEREAS,in the interim,while the City is studying and updating its Stormwater Master
Plan, creating its Vulnerability Assessment and preparing the Peril of Flood Amendments, until
such time as that technical and policy work is complete,the City of Dania Beach seeks to adopt an
interim city-wide construction, planning and design standard for stormwater management
including future conditions consistent with: 1)the 2019 Unified Sea Level Rise Projection for the
region; and, 2) Subsection 380.093(3)(d)3.b., Florida Statutes for the NOAA Intermediate High
sea level rise projection(40" or 3.86' NAVD 88); and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and they are made a specific part of this Resolution.
Section 2. That the City shall adopt the following city-wide "interim design standard"
for all new construction projects. This city-wide interim design standard shall be in addition to
the existing Stormwater Management Plan requirements in Article V Stormwater Regulations, Sec.
27-227 of the City's current Code. The City's currently adopted level of service for drainage is:
"to retain the first inch of rainfall on-site; post-development runoff shall not exceed
predevelopment runoff rate for a 25-year storm event,up to and including an event with a 24-hour
2 RESOLUTION#2023- O P
duration." The City also requires a stormwater management plan that conforms to "General
Requirements". The City shall include the following standards to the General Requirements of a
stormwater management plan to be known as the "interim design standard":
(a) Groundwater and surface water stages antecedent to a design event shall be the
higher of the average wet season water levels or the applicable control
elevations. Broward County Plate WM 2.1 — Future Conditions) shall be
incorporated into determining the average wet season ground water levels2 for
use in calculating a design event and shall be incorporated into calculations for
the post-development condition and stormwater management requirements for
the project.
(b) All other required Federal, State and County regulatory approvals shall be
obtained by permit applicants.
This city-wide interim design standard shall be applicable to all construction projects initiated after
the adoption of the interim design standards, that affects all construction projects that add
impervious area or modify pervious area, whether or not City Commission approval is required
(public infrastructure and other development) and initiated after the passage of this Resolution,
until such time as the updated Stormwater Regulations are developed after the completion of the
City's Stormwater Master Plan is adopted by the City.
Section 3. That consistent with the foregoing, the City:
a. Commits to develop updated Stormwater Regulations (including, but not limited
to,final design standards and levels of service)within one(1)year of completion of the Stormwater
Master Plan that incorporate future conditions related to sea level rise,based upon the 2070 NOAA
Intermediate High sea level rise projection.
b. Anticipates adopting its EAR-based Peril of Flood Amendments for the Coastal
Management Element of the Comprehensive Plan by 2024, which Plan Amendment shall
incorporate the NOAA Intermediate High sea level projection, which may also include
amendments to related policies in other Elements of the City's Comprehensive Plan.
1 Broward County: Future Conditions Average Wet Season Groundwater Elevation Map:
https://www.broward.org/waterresources/Documents/PlateWM2 1 FutureConditions.pdf
(5/5/2017).
2 Broward County Code of Ordinances,Article V,Sec.27-200(b)(5)a.3.b).,Antecedent conditions.
3 RESOLUTION#2023-039I
c. Will consider the outcomes and recommendations of the already initiated
Vulnerability Assessment, which is anticipated to be completed by 2024, and which assessment
shall include additional policy adoption and incorporation of standards into the City's proposed
Stormwater Regulations and other policies, which amendments are anticipated to be adopted
within six (6)months of completion of the City's Vulnerability Assessment.
d. Will review and consider the recommendations of the County-wide Risk
Assessment and Resilience Plan (Plan), currently under development, for additional policy
adoption, as may be applicable to the City,within one(1)year of County's completion of its Plan,
and final adoption or other related action by the Broward County Board of County Commissioners.
Section 4. If the City has not developed updated Stormwater Regulations based upon
the Stormwater Master Plan, the City shall consider the status of the Stormwater Master Plan and
the interim design standard by December 31 St,2024, and determine if updates to the interim design
standard are necessary. At that time, the City shall consider if any of the technical bases for the
interim design standard have changed warranting its modification, including but not limited to the
Compact or the State's sea level rise projections, the Broward County Future Conditions Average
Wet Season Groundwater Elevation Map Series, the Broward County Priority Planning Areas, or
new applicable data is developed relevant to the interim design standard, and shall address those
technical bases by updating the interim design standard, as necessary. If the City determines an
update to the interim design standard is needed based upon that review, the update shall be
implemented on or before June 1, 2025. This review shall take place annually, on or before
December 31St each year, until such time as the City develops and adopts final Stormwater
Regulations,based upon the findings from the City's proposed Stormwater Master.
Section 5. The City shall initiate the adoption of the interim design standard via
Ordinance by April 25, 2023.
Section That this Resolution shall be in full force and take effect immediately upon
its passage and adoption.
4 RESOLUTION#2023-03g
PASSED AND ADOPTED on April 25, 2023.
ATTEST:
ELORA C \ ARCHIBALD J A
CITY CLERK ire, MAYOR
•
/
SHED ai
APPROVED AS TO FORM AND CO' ' SS:
diSi /4,1
E E A BO TSIS
C TY ATT RNEY
5 RESOLUTION#2023=O