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Home My WebLink AboutO-2026-003 TX-036-25 Eliminating Voluntary MobilityORDINANCE NO. 2026-003 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE” (LDC) AMENDING ARTICLE 295 ENTITLED “VOLUNTARY MOBILITY PROGRAM” TO ELIMINATE SAME; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, periodically the Community Development Department reviews the Land Development Code (LDC) in order to clarify provisions, remove obsolete language and to generally make the LDC easier to review and use; and WHEREAS, the City is eliminating Article 295, entitled “Voluntary Mobility Program” to eliminate the provision. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The preceding “WHEREAS” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Chapter 28 entitled the “Land Development Code” at Article 295, is repealed: * * * PART 2 – SITE DEVELOPMENT REGULATIONS * * * ARTICLE 295. RESERVED. VOLUNTARY MOBILITY PROGRAM Reserved Secs. 295-10 through 295-60. Sec. 295-10. Generally. (A) Intent. Maintaining and improving travel in and through the city is an important responsibility and consistent with the city's on-going effort to improve liveability and support transportation options. Broadening the previous focus on motorized vehicular travel to include transit, bicycle and pedestrian movement is a key objective in accomplishing this goal, since increasing the number of transportation options reduces demand for any one option. This approach is viewed as an aid in managing increasing vehicular traffic demand, but will also support broader diversity within the city and offer healthy lifestyle choices by providing 2 ORDINANCE #2026-003 infrastructure that supports active transportation modes. This section institutes a policy to encourage development projects to utilize, incorporate and extend mobility options to its users and the general public through implementation of various voluntary design features and techniques that facilitate or enhance multimodal transportation options. The voluntary mobility program is a multimodal transportation program that is consistent with and implements Broward County's and the State of Florida's multimodal efforts, and the Transportation Element of the city's Comprehensive Plan. (B) Opportunity. Development applicants that would otherwise be required, under this Code, to complete a traffic impact study or other traffic analyses as a part of their development application are offered the opportunity to, instead, choose to identify, in conjunction with city staff, right-sized mobility improvements from a non-static list of pre-approved mobility improvements that enhance the mobility of the city and are physically and financially feasible. A development applicant may also propose original mobility improvements which are consistent with citywide mobility goals and approved by the director. Upon meeting with the applicant and review of the applicant's proposed mobility improvements, the director, with input from the city's transportation consultant, shall determine whether the proposed improvements will substantially address the transportation impacts of the proposed development. (C) Definitions. The following terms, as used in this article, shall have the meanings given below: (1) "Programmatic mobility improvements" consist of programs and strategies that support mobility. They may be citywide or may primarily impact a subcomponent of the city's physical area or population. Programmatic mobility improvements may operate both within and outside of city boundaries. (2) "Capital mobility improvements" or non-programmatic mobility improvements may take the form of physical mobility improvements or may consist of the maintenance of physical mobility improvements, or may be in the form of operational mobility Sec. 295-20. Location of mobility improvements. Mobility improvements may be located off-site or on-site. Off-site mobility improvements may be located within the right-of-way of the local roadway network or within the right-of-way of roadways designated in the Broward County Trafficways Plan, with required county and state approval if applicable. Off-site mobility improvements may also be located on adjacent or nearby private property, with the approval of the property owner(s). Mobility improvements may be programmatic or capital, as defined herein. Sec. 295-30. Support for established mobility improvements. Where the city has established a need for a capital or programmatic mobility improvement, development projects may contribute funding toward such improvements. The director may also accept contributions to mobility improvements which are determined to be consistent with citywide mobility goals and the adopted Mobility Program Guidelines. 3 ORDINANCE #2026-003 Sec. 295-40. Mobility program guidelines. A detailed description of the voluntary mobility program and the streamlined development approval process associated with this option is provided in Mobility Program Guidelines, a handbook published and maintained by the department of community development. Sec. 295-50. Enforcement. (A) Off-site improvements. To ensure implementation of agreed-upon off-site capital or programmatic mobility improvements at the time of application for the first principal building permit for a development participating in the voluntary mobility program, the applicant shall post a performance bond, letter of credit or other form of surety approved by the city attorney in the amount of one hundred twenty-five (125) percent of the estimated cost to construct or implement city-approved mobility improvements in compliance with the agreed-upon terms of the improvement or enhancement, regulations of the city, and any other permitting agencies. However, in the event that the director determines that all of the agreed-upon off-site mobility improvements have been completed prior to the time of application for the first principal building permit for a development participating in the program, this surety requirement may be waived. If, at the deadline established in the agreed-upon terms of the improvements, all agreed-upon improvements have not been fully implemented, the issuer of the performance bond shall forfeit an amount equal to one hundred twenty-five (125) percent of the remaining cost to complete implementation. (B) On-site improvements. The director shall ensure implementation of agreed-upon mobility improvements which are located on the development project site by requiring that such improvements be completed prior to the issuance of a certificate of occupancy for any principal building. Sec. 295-60. Acceptance of mobility improvements, and release of performance bond. A mobility improvement shall not be deemed to be accepted by the city until all agreed-upon improvements, maintenance or enhancement work is determined by the director to be complete. Acceptance of a capital mobility improvement shall occur three hundred sixty-five (365) days after the date that the improvement passes all final city inspections. In the case of a programmatic mobility improvement or a mobility improvement involving ongoing obligations for maintenance or future performance tasks, the date of city acceptance for such improvement shall be as provided in the agreed-upon terms of the improvement. Upon the date of city acceptance, the director shall provide for the release of the performance bond or other surety. * * * Section 3. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 5. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word. Section 6. That this ordinance be codified in the City’s code of ordinances, at the Land Development Code section, chapter 28 by Municode Corporation. Section 7. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on December 9, 2025. PASSED AND ADOPTED on second reading on January 13, 2026. First Reading: Motion by: Commissioner Lewellen Second by: Commissioner Ryan Second Reading: Motion by: Commissioner Lewellen Second by: Commissioner Ryan FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE ATTEST: ____ ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY