§ 94-133. Special district incentives.

(a)

Intent. The intent of the special district incentives is to promote the construction of class A office, hotels, residential uses, and urban open spaces within particular downtown districts to support the goals, objectives and policies established by the comprehensive plan.

(b)

Special district incentives requirements.

(1)

The proposed development shall comply with all the receiving site requirements in section 94-132(e).

(2)

Where city-owned TDRs are obtained as an incentive, the proposed development shall obtain city commission approval for the conveyance of city-owned development rights as a requirement of site plan approval. If the site plan approval expires prior to commencement of construction, the development rights transferred by the city as an incentive are forfeited and revert back to the city.

(3)

The proposed development shall comply with all additional requirements applicable to the special incentive.

(c)

Quadrille Business District incentive. To utilize the QBD incentive proposed development shall meet the following requirements:

(1)

The property is designated as QBD-8(25) or QBD-10(25) on Figure IV-35.

(2)

The proposed development shall comply will all the subdistrict requirements and shall not exceed the maximum FAR and height allowed by Table IV-41, Table IV-43, Table IV-56, and Table IV-57. See also Table IV-40a.

(3)

City-owned TDRs may be transferred at no cost, as an incentive, as indicated in Table IV-40a. The proposed development shall comply with the use, FAR, right-of-way dedication, and limit of incentive TDRs, as shown in Table IV-40a, to obtain incentive TDRs.

(4)

Additional TDRs may be purchased for other uses as long as the total gross building area does not exceed the maximum FAR and height allowed by Table [IV-]41, Table IV-43, Table IV-56, and Table IV-57.

(5)

Properties on which a future ROW is indicated on Figure IV-4 of the Zoning Atlas, shall dedicate the ROW as required by the corresponding building requirements table. Such properties shall be entitled to incentive TDRs as indicated in Table IV-40a.

Table IV-40a Quadrille Business District Incentive
Use	Row construction required	Maximum FAR allowed	City-owned TDRs at no cost
RESIDENTIAL
With ROW dedication	Yes	4.5	No
Without ROW dedication	No	4.5	No
CLASS A OFFICE
With ROW dedication	Yes	6.5	Yes -Up to 200,000 sf
Without ROW dedication	No	6.5	Yes -Up to 200,000 sf
FULL SERVICE HOTEL
With ROW dedication	Yes	6.5	Yes -Up to 200,000 sf
Without ROW dedication	No	6.5	Yes -Up to 200,000 sf

 

(d)

Quadrille Garden District Class A office and hotel incentive. Properties may purchase transfer development rights for a proposed development which meets the following requirements:

(1)

The property is designated as QGD-10(30) on Figure IV-35.

(2)

The proposed development shall comply with all the subdistrict requirements and shall not exceed the maximum FAR and height allowed by Table IV-55.

(2)

The proposed development shall include a minimum 200,000 square feet of Class A office building, or a full service hotel. If both uses are provided, the maximum height allowed can be increased from 25 stories and 380 feet to 30 stories and 455 feet.

(3)

The city, at its own discretion, may negotiate the sale of city-owned TDRs to eligible sites for the construction of class A office uses and full service hotels.

(4)

Additional TDRs may be purchased from historic eligible sending sites or eligible open spaces sending sites.

(e)

Downtown urban open space incentive. The city may transfer development rights at no cost for a proposed development which meets each of the following requirements:

(1)

The property is designated as a TDR receiving site on Figure IV-35.

(2)

The proposed development shall comply will all the subdistrict requirements and shall not exceed the maximum FAR and height allowed by the applicable incentive building requirement table.

(3)

A minimum of 15,000 square feet of contiguous open space shall be created and dedicated to the city as urban open space. The open space dedicated to the city as urban open space shall not include the public open space required by the applicable building requirement table.

(4)

The proposed urban open space shall be improved by the developer according to the public open space standards contained in section 94-109, excluding subsection (9), and conveyed and accepted by the city prior to the issuance of the certificate of occupancy. In the case of phased developments, the urban open space shall be conveyed and accepted by the city prior to the issuance of the certificate of occupancy for the first phase.

(5)

The amount of development rights conveyed by the city in exchange for the urban open space is calculated by multiplying the new urban open space area by the maximum FAR, including base zoning plus incentive, allowed in the corresponding incentive building requirement table as indicated by Figure IV-35.

(6)

The proposed urban open space may be used for the purpose of calculating the lot's by-right development capacity.

(f)

Rosemary Avenue incentive . To utilize the Rosemary Avenue incentive a proposed development shall meet the following requirements:

(1)

The property is designated as NWD-3-4 on Figure IV-35.

(2)

The proposed development shall comply will all the subdistrict requirements and shall not exceed the maximum FAR and height allowed by Table IV-58.

(3)

The proposed development shall include a minimum lot depth of 150' from Rosemary Avenue.

(4)

The proposed development shall include a minimum lot size of 20,000 square feet.

(5)

Parking shall be located behind the building, no parking areas will be permitted along the street frontage.

(g)

Additional incentive areas . Areas designated as ICD-2 and NWD-2 on Figure 3 of the Zoning Atlas and indicated on Figure IV-35 as receiving sites for TDR may be allowed to increase their development capacity as follows:

(1)

ICD-2 may utilize the building requirement table of ICD-5.

(2)

NWD-2 may utilize the building requirement table of NWD-4.

(h)

City-owned TDRs. In addition to the city-owned TDRs offered as incentives in this section, the city may, in its discretion, negotiate and sell city-owned TDRs at market value, at a discounted rate, or provide development rights at no cost. City commission approval shall be obtained for the conveyance of city-owned TDRs. In the event a proposed development purchased or obtained city-owned TDRs and the site plan approval for such development expired prior to commencement of construction: (i) all TDRs transferred by the city at no cost are automatically forfeited by the development and revert back to the city, and the city may record a transfer certificate to evidence such reversion; and (ii) the city shall have the right of first refusal to buy back all TDRs transferred by the city at a discounted or market price and the price for such buy back by the city will be not more than ninety (90) percent of the original purchase price.

(i)

Clematis Waterfront District Conservation District boutique hotel incentive . This limited incentive program is available only to properties which meets the following requirements:

(1)

The property is designated as CWD-CD-5-10 on Figure IV-35.

a.

Designated properties shall be vacant as of July 26, 2010, or in the case a structure exists, such structure shall not occupy more than 15 percent of the lot area. Existing surface parking lots are recognized as vacant properties for the purpose of this incentive.

b.

The property shall not be located within a historic district, shall not be designated as a historic structure or be eligible for historic designation. Currently vacant parcels which had a designated historic building which has been demolished by neglect shall not be eligible to utilize this incentive.

c.

The property shall have at least two frontages with a street designation.

(2)

The proposed development shall comply with all the subdistrict requirements and shall not exceed the maximum FAR and height allowed by Table IV-53.

(3)

The proposed development shall be for a boutique hotel use and its related amenities, and shall not include more than 100 rooms for the purpose of this incentive program. Condo-hotels and time shares are not considered boutique hotels for the purpose of this incentive.

(4)

Any proposed boutique hotel shall be designed with high quality architectural standards, in response to the historic and unique character of Clematis Street.

(5)

The city, at its own discretion, may negotiate the sale or transfer of city-owned TDRs to eligible sites for the construction of boutique hotels.

(6)

Additional TDRs may be purchased from historic eligible sending sites or eligible open spaces sending sites.

(7)

Any proposed development intending to utilize the Clematis Waterfront District Conservation District boutique hotel incentive shall submit a complete application for formal site plan approval by December 31, 2011, shall obtain a site plan approval by December 31, 2012, shall submit for building permit by June 30, 2014, and shall commence construction before June 30, 2015. If construction has not commenced by the established date the development approval shall expire.

(8)

The Clematis Waterfront District Conservation District boutique hotel incentive shall expire June 30, 2015, or after the first two projects start construction, whichever comes first.

(9)

Boutique hotels built utilizing this incentive shall remain as boutique hotels for a minimum period of 15 years after certificate of occupancy has been issued.

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009; Ord. No. 4315-11, § 2, 1-24-2011; Ord. No. 4497-13, § 1, 10-28-2013; Ord. No. 4547-15, § 3, 4-13-2015; Ord. No. 4563-15, § 3, 7-6-2015; Ord. No. 4674-16, § 5(Exh. E), 2-27-2017)