HomeMy WebLinkAboutO-2026-019 LDC - Smart Strategic GrowthORDINANCE NO. 2026-019
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28 “LAND DEVELOPMENT
CODE”; PART 3, ENTITLED SPECIAL ZONING DISTRICTS”, SUBPART 1,
ENTITLED THE “COMMUNITY REDEVELOPMENT AREA (CRA) FORM-
BASED ZONING DISTRICTS”; ARTICLE 303, ENTITLED “DETAILED USE
REGULATIONS”; TO AMEND THE CHAPTER IN ORDER TO CREATE
INCENTIVES (HEIGHT AND DENSITY BONUSES) FOR THE FOLLOWING
DISTRICTS: CITY CENTER DISTRICT (SECTION 303-40); SFED-MU,
SOUTH FEDERAL HIGHWAY CORRIDOR MIXED-USE DISTRICT
(SECTION 303-80); AND UPDATING THE ZONING MAPS ACCORDINGLY;
AMENDING ARTICLE 304, ENTITLED “BUILDING HEIGHT AND
TRANSITION REGULATIONS” TO INCLUDE INCENTIVES AND TO
CREATE THE FOLLOWING SECTIONS: 304-30, ENTITLED INCENTIVE
APPLICABILITY, 304-40, ENTITLED “SCHEDULE OF INCENTIVES”, 304-
50, ENTITLED “INCENTIVE BONUS FOR PROVIDING PUBLIC OPEN
SPACE”, 304-60, ENTITLED “INCENTIVE BONUS FOR PROVIDING
PUBLIC PARKING”, 304-70, ENTITLED “INCENTIVE BONUS FOR
PROVIDING PUBLIC PARKS”, 304-80, ENTITLED “INCENTIVE BONUS
FOR PROVIDING PUBLIC ROOFTOP ACTIVATION”, AND 304-90
ENTITLED “INCENTIVE BONUS FOR PROVIDING ATTAINABLE
HOUSING”; PROVIDING FOR CODIFICATION, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City’s Strategic Plan goals were to have a financially sound and
responsible city providing services valued by the community; investment in upgrading city
infrastructure and facilities; to ensure that Dania Beach is the City’s residents “Hometown”, a
vibrant and sustainable community; and to provide residents and visitors opportunities for leisure
and cultural experiences; and
WHEREAS, the City desires to ensure quality of life expectations including safety and
security, critical services for clean water and responsive support, strong infrastructure, recreation
and culture and economic stability; and
WHEREAS, in 2024, the reduction in height and density changed zoning and the building
fund saw an extreme reduction in project development; and
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WHEREAS, the City in focusing on the future, and proposed changes to homestead
property taxes, and the loss of certain businesses, like Spirit Airlines, forces the City to focus on a
proactive approach that honors the City’s commitments to the Strategic Plan and SMART Strategic
Growth; and
WHEREAS, there are certain park projects that remain unfunded, and certain
infrastructure projects for stormwater, water and sewer, roadway improvements, and historic
structure renovations, etc., that need to be funded; and
WHEREAS, the City seeks to encourage Smart Strategic Growth by concentrating growth
in existing urban areas instead of law-density residential community areas; and
WHEREAS, SMART Strategic Growth will create a pedestrian friendly walkable City
with small/family-owned business for amenities and shopping local; and
WHEREAS, mixed use development is intended to reduce traffic, commute time, lower
infrastructure costs, support the local economy, and improve our quality of life as the projects
would protect existing neighborhoods and ensure protection of the environment by not intruding
into environmentally protected areas and concentrating density along corridors; and
WHEREAS, the City proposed incentives to the main corridor areas to encourage and
create new smart growth investment opportunities; and
WHEREAS, the impact fees from implementing incentives create revenues to fund quality
of life initiatives as outlined in the City’s Strategic Plan; and
WHEREAS, the Planning and Zoning Board is required to conduct one (1) duly noticed
public hearings in accordance with law; and
WHEREAS, the City Commission is required to conduct two (2) duly noticed public
hearings in accordance with law; and
WHEREAS, the City Commission finds that the approval of the proposed amendment to
the Land Development Code will protect the public health, safety, and welfare of the residents of
the City, and further the purpose, goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission finds and determines that updating the City's Code of
Ordinances is in the best interest of the residents of Dania Beach.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “WHEREAS” clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Ordinance by this reference.
Section 2. That Chapter 28 entitled the “Land Development Code”, Part 3, “Special
Zoning Districts,” Subpart 1 entitled “Community Redevelopment Area (CRA) Form Based Zoning
Districts at Article 303, entitled “Detailed Use Regulations” is amended as follows:
* * *
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
ARTICLE 303. – DETAILED USE REGULATIONS
* * *
Sec. 303-40. City Center (CC) District.
(A) Intent and purpose: To establish a mixed-use downtown with transit supportive densities and
intensities where citizens can work, live, and shop in the economic, governmental,
entertainment and cultural focal point of Dania Beach. This district is designed to encourage
accessible, active, pedestrian-oriented areas within walking distance of a prospective transit
station on the FEC railway.
(B) Density: Maximum fifty (50) du/ac by right; up to 150 du/ac with incentive bonus (see article
304).
* * *
(F) Minimum required pervious, landscaped lot area: Ten percent (10%); may be reduced up to
zero (0%) with incentive (see article 304). Sec. 303-30(E)(4) provides for payment-in-lieu.
* * *
(P) Height: “K”, district maximum is seven (7) fourteen (14) stories with incentive bonus and
150’ and varies by location (see height map & article 304), with a minimum two (2) habitable
stories required in the City Center District core. The maximum allowable height in this
district is based upon proximity to adjacent residential zoning districts. Allowable height
increases at a rate of one (1) foot per one (1) foot of horizontal distance from an adjacent
residential zoning district boundary or residentially used property line. Therefore, allowable
height within one (1) portion of a property might be different than that permitted on another
portion. Buildings must be designed accordingly. The allowable height of buildings just
outside of the district boundary is shown for information purposes. Height greater than
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fourteen (14) stories may be granted by a Special Exception Approval pursuant to Section
630-50.
* * *
Below may deleted and replaced with map following.
5 ORDINANCE #2026-019
Replacement Map
C
D
6 ORDINANCE #2026-019
Sec. 303-80. SFED-MU, South Federal Highway corridor mixed-use district.
* * *
(B) Density: Maximum 25 du/ac by right; up to 50 du/ac with incentive bonus (see article 304).
(C) Reserved.
(D) Pervious landscaped lot area: Minimum fifteen percent (15%); may be reduced to zero
percent (0%) with incentive bonus (see article 304).
* * *
(O) Reserved. Upper story setbacks: 10% of lot width up to a maximum of 30’ required on
corner sides (see “J” in diagram) for any part of building exceeding 3 stories (see “L” in
diagram).
* * *
(P) Height: maximum height, “K”, in district is four (4) six (6) stories with incentive bonuses
for parcels of a minimum of half (1/2) an acre, and eight (8) stories with incentive bonus for
parcels of one (1) acre or larger, all other maximum height of four (4) stories. Permitted
height varies by location. The maximum allowable height in this district is based upon
proximity to adjacent residential zoning districts. Allowable height increases at a rate of one
(1) foot per one (1) foot of horizontal distance from an adjacent residential zoning district
boundary or residentially used property line. Therefore, allowable height within one (1)
portion of a property might be different than that permitted on another portion. Buildings
must be designed accordingly. The allowable height of buildings just outside of the district
boundary is shown on the height map for information purposes. Parcels of half (1/2) an acre
minimum can obtain two (2) additional stories with the use of incentives. Parcels of one (1)
acre or greater can obtain an additional four (4) stories with the use of incentives.
A
D
D
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Section 3. That Chapter 28 entitled the “Land Development Code”, Part 3, “Special
Zoning Districts,” at Article 304, “Building Height and Transition Regulations,” is amended as follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 3. SPECIAL ZONING DISTRICTS
SUBPART 1. COMMUNITY REDEVELOPMENT AREAS (CRA) FOR-BASED ZONING
DISTRICTS
* * *
ARTICLE 304. BUILDING HEIGHT AND TRANSITION REGULATIONS, AND
INCENTIVE BONUS
* * *
Sec. 304-30. Incentive Bonus Applicability.
Height, density and lot coverage bonuses are awarded when a developer provides one or more of
public parking, open space, public parks, or public roof top activation (for qualifying locations).
Sec. 304-40. Schedule of Incentive Bonus.
The table below shows the amenities that qualify for height, density and impervious area incentive
bonus within the different districts. The amount of the incentive bonus is delineated in the table
below. The developer can determine the type and extent of amenities to provide in order to reach
the maximum permissible height shown on the height maps.
CC
Y Y
Y Y
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CC
Y N
Y Y
Sec. 304-50. Incentive Bonus for providing Public Open Space.
(A) In the Neighborhood Mixed-Use District, one (1) story, ten (10) du/ac, and five (5) percent
pervious area reduction subject to a maximum density, height and pervious area limitations
established under the applicable zoning district for a minimum twenty-five hundred (2,500)
square feet. open space that complies with article 312, or a pedestrian paseo that complies
with sec. 309-20. The open space or paseo shall satisfy 100 percent of the pervious open
space requirement for the lot that provides it.
(B) In the City Center District, two (2) stories and twenty (20) du/ac for a minimum twenty-five
hundred (2,500) square feet. open space that complies with article 312, or pedestrian paseo
that complies with sec. 309-20, and one (1) story and ten (10) du/ac for each full additional
one thousand five hundred (1,500) square feet of open space that complies with article 312.
The open space or paseo shall satisfy 100 percent of the pervious open space requirement for
the lot that provides it.
(C) This intensity bonus is available at the determination of the City Commission or designee
based upon whether the any given location is appropriate and desirable for open space.
(D) The standards for provision of public open space for incentive bonus credit shall be as
provided in article 312.
Sec. 304-60. Incentive Bonus for providing Public Parking.
Bonus of two (2) story, twenty (20) dwelling units and reduction of five (5) percent impervious
area reduction subject to a maximum density, height and pervious area limitations established
under the applicable zoning district for each twenty (20) public parking spaces provided to the City
for public parking use through City approval of dedication of the spaces for public use shall be
identified on site plan which shall run with the subject property in perpetuity. Alternatively,
payment in lieu of off-street parking can be accepted in accordance with Section 265-92 through
provision of a shared parking agreement in a form approved by the city attorney, which shall
restrict the spaces for public use, and shall run with the subject property in perpetuity. The intensity
bonus shall not exceed the maximum height, density and impervious area limitations of the
applicable district.
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Sec. 304-70. Incentive Bonus for providing Public Parks.
(A) A development may be eligible for a density and height bonus not to exceed a maximum
of one (1) story, ten (10) du/ac, and five (5) percent pervious area reduction subject to a
maximum density, height and pervious area limitations established under the applicable
zoning district. The public park incentive bonus fee shall be calculated pursuant to section
305 70(B), which shall be applied to the City’s park fund for park land acquisition or park
improvements. The full public park incentive fee shall be paid in order to exercise any
density of height bonus or combination thereof, under this section. The full public park
incentive fee shall be paid regardless of whether the use of the density or height bonus is
limited by the maximum density or height established under the applicable zoning district
or the applicant chooses not to exercise portions of the height or density bonuses. Eligibility
for a density and height bonus under this section shall require development containing a
minimum of twenty-five (25) dwelling units.
(B) The public park incentive fee shall be equal in value to fifty cents ($0.50) per square foot
of estimated residential gross floor area.
(C) For purposes of this section, residential gross floor area shall be defined as the sum of the
habitable horizontal area of all residential floors of all stories of a residential building or
structure under a roof, and including, interior amenity areas, clubhouses, lobby areas,
however, excluding private garages, maintenance facilities, balconies, stairwells, elevators,
basements and subbasements, covered parking, loading areas, and parking structures.
(D) The contributions referenced in this section are calculated in 2014 dollars and shall be
adjusted by the Consumer Price Index on an annual basis.
(E) Payment of the public park incentive fee shall be made prior to issuance of a building
permit.
Sec. 304-80. Incentive Bonus for providing Public Rooftop Activation.
(A) A development may be eligible for a density and height bonus not to exceed a maximum
of one (1) story, ten (10) dwelling units, and five (5) percent pervious area reduction subject
to a maximum density, height and pervious area limitations established under the
applicable zoning district subject to a maximum density of height limitations established
under the applicable zoning district.
(B) Public rooftop activation is the intentional design and programming of rooftop access to
provide usable space for public, commercial, cultural, or environmental purposes. A
rooftop activation space shall be open to the general public without requirement of
residency, membership or mandatory purchase for entry. Residential recreation space does
not meet the requirement for public rooftop activation.
(C) Public rooftop activation square footage must be equal to a minimum of sixty (60) percent
of the rooftop area shall be publicly accessible, with a minimum of two thousand five
hundred (2,500) square feet and detailed on approved site plan.
(D) Public rooftop activation must meet the on-site parking regulations identified in Article
265.
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(E) A public access easement or covenant shall be recorded prior to the issuance of a building
permit. Such easement shall run with the land to guarantee public access in perpetuity
unless otherwise amended by the City
(F) Public access to the public rooftop and public restrooms must be provided.
Sec. 304-90. Incentive bonus for providing attainable housing.
(A) Definition. Attainable housing shall mean “workforce.” “moderate workforce” and “low
income” as defined by the Administrative Rules Document of the Broward County Land
Use Plan, article 8, and includes both owner occupied and rental housing.
(B) A Bonus of one (1) story and five percent (5%) pervious area reduction may be awarded
for every ten (10) attainable housing units provided.
(C) [Eligibility requirements.] In order to be eligible for density and height bonuses under this
section, the developer shall first guarantee the attainability of the unit for the specified
income level as either rental or owner-occupied housing for a period of at least thirty (30)
years via a restrictive covenant in a form acceptable to the City attorney may require. The
City Commission may establish a one-time fee applicable to each development that
receives bonus units to offset the cost of administering the attainable housing programs.
* * *
Section 4. That 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 5. That 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 and codified by Municode.
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 all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 7. That this ordinance shall take effect 10 days after passage on second
reading.
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PASSED on first reading on June 9, 2026.
PASSED AND ADOPTED on second reading on July 7, 2026.
First Reading:
Motion by: Commissioner Lewellen
Second by: Commissioner Rimoli
Second Reading:
Motion by: Vice Mayor Salvino
Second by: Commissioner Lewellen
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen X ____
Commissioner Luis Rimoli X ____
Commissioner Archibald J. Ryan IV ____ X
Vice Mayor Marco Salvino X ____
Mayor Joyce L. Davis ____ X
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY