§ 38-1372. Acreage, maximum square footage, and use allocations for nonresidential development.

(a)

The respective acreage, maximum square footage (gross leasable area), and use allocations for nonresidential development occurring within the four (4) quadrants comprising the Four Corners CVC shall be as shown in the following chart:

Quadrants and Parcel ID Numbers*	Acres	Sq. Ft.	Uses**	Second Story Office (Sq. Ft.)
Northeast Quadrant
10-23-28-0000-00-013	13.3	104,549	Commercial	20,910
Southeast Quadrant
15-23-28-0000-00-020	0.8	4,879 See § 38-1372(c)(1)	Office	See § 38-1372(b)(2)
15-23-28-0000-00-059	2.8	17,076	Office
15-23-28-0000-00-004	See § 38-1372(d)
15-23-28-0000-00-025	See § 38-1372(d)
Southwest Quadrant
16-23-28-0000-00-009	1.9	17,221	Commercial	6,888
16-23-28-0000-00-001	See § 38-1372(c)(2), (3)
16-23-28-0000-00-002	(1) up to 24.2 (2)  1.30	(1) 168,230 (2) 12,600, see § 38-1372(c)(1)	(1) Commercial (2) Office	67,292, but see § 38-1372(b) (2)a.(i) and (ii)
16-23-28-0000-00-011	See § 38-1372(c)(1), (3)
16-23-28-0000-00-014	See § 38-1372(c)(1), (3)
16-23-28-0000-00-004	3.3	—	Post Office
Northwest Quadrant
09-23-28-0000-00-001	2.5	10,000	Commercial	4,000, but see § 38-1372(b)(2)b.
09-23-28-0000-00-052	4.7	N/A	Retention

 

* ;hg;The parcel ID numbers in the chart correlate with the parcel ID numbers shown on the map attached hereto as Appendix A, which map is hereby adopted and incorporated herein by reference.

** ;hg;The word "commercial" in the chart means retail commercial use and office use.

(b)

(1)

New commercial development within the four (4) quadrants shall not exceed a total of three hundred thousand (300,000) square feet. However, subject to subsection (b)(2) below, second-story office development shall be permitted only within a parcel designated for commercial use under the chart, provided the square footage of such office development within the parcel does not exceed forty (40) percent of the commercial square footage allocated under the chart for that parcel and provided such office development does not serve and is unrelated to the retail commercial uses at the parcel.

(2)

a.

Up to nine thousand forty-six (9,046) feet of the square footage allocated for second-story office at parcel ID number 16-23-28-0000-00-002 in the southwest quadrant may be transferred to the southeast quadrant and, if transferred, shall be used there only as second-story office.

(i)

Up to sixty-seven thousand two hundred ninety-two (67,292) of the square footage permittable for second-story office in the southwest quadrant may be converted to second-story commercial square footage based upon an equivalent number of p.m. peak hour trips, provided that all such converted square footage shall be utilized solely and exclusively by an anchor tenant. The ability to implement this conversion requires demonstration of design intent and is subject to approval during the Land Use Plan approval phase. If second-story office is converted to second-story commercial space, the converted square footage shall not count against the three hundred thousand (300,000) square-foot commercial cap. Furthermore, if second-story office is converted to second-story commercial space, then, in addition to its financial responsibility under subsection 38-1377(a)(3), the developer of the second-story commercial shall pay the county two dollars and forty-three cents ($2.43) per square foot of second-story commercial. Such amount shall be paid prior to issuance of the certificate of occupancy for the first building, and shall be used for the items identified in section 38-1377(a)(4).

(ii)

Up to nine thousand forty-six (9,046) feet of the square footage allocated for second-story office at parcel ID number 16-23-28-0000-00-002 in the southwest quadrant may be transferred to the southeast quadrant and, if transferred, shall be used there only as second-story office.

b.

To further the intent and purpose of the guidelines for the Four Corners CVC, the square footage allocated for second-story office at the northwest quadrant shall be transferred to the southeast quadrant and shall be used there only as second-story office.

(c)

(1)

a. The following parcels in the southwest quadrant have been developed as of October 29, 1996: 16-23-28-0000-00-011 and 16-23-28-0000-00-014. Parcel ID No. 16-23-28-0000-00-014 is entitled to be redeveloped for up to twenty-nine thousand five hundred and thirty (29,530) square feet of office space based upon the trip generations calculated utilizing as a basis the intensity existing on that parcel on October 29, 1996. If that parcel is redeveloped, twelve thousand six hundred (12,600) square feet of this office square footage shall be transferred to and allocated to Parcel ID No. 16-23-28-0000-00-002 which is located adjacent to and to the west of Parcel ID No. 16-23-28-0000-00-014 in the southwest quadrant, and the remaining sixteen thousand nine hundred and thirty (16,930) square feet of office square footage shall be transferred to and allocated to Parcel ID Nos. 15-23-28-0000-00-020 and 15-23-28-0000-00-059, located in the southeast quadrant and which are under a single, unified and integrated development. Following the aforesaid transfers and allocations, Parcel ID No. 16-23-28-0000-00-014 shall become part of the overall development plan for Parcel ID No. 16-23-28-0000-00-002.

b.

If Parcel ID No. 16-23-28-0000-00-011 is redeveloped, it shall be redeveloped only for office use with a 0.25 floor area ratio (FAR), and to appear and function only as a single, unified and integrated development with the other nonresidential development in the southwest quadrant. Such redevelopment shall be submitted as a planned development in accordance with these guidelines and standards. For purposes of this article, FAR shall be calculated based upon gross acreage of the affected parcel.

c.

If the transfer and allocation (totaling sixteen thousand nine hundred thirty (16,930) square feet) for the southeast quadrant outlined in paragraph (c)(1)a. is exercised, no variances from any applicable performance standards (for example, setbacks, height requirements, parking requirements) may be applied for or granted regarding development directly associated with the actual square footage being transferred and allocated in the southeast quadrant, which variance is necessitated by the transfer and allocation.

(2)

The following parcel in the southwest quadrant has been developed as of October 29, 1996: 16-23-28-0000-00-001. If this parcel is redeveloped, it shall be redeveloped only at the greater of 0.14 FAR or the intensity existing on October 29, 1996, based on trip generation, and to appear and function only as a single, unified and integrated development with the other nonresidential development in the southwest quadrant.

(3)

Notwithstanding the above, upon redevelopment of any of the parcels in the southwest quadrant, office square footage entitlements may be transferred to any of the parcels within the southwest quadrant under the common ownership of the developer/owner of the site to which density is being transferred and used as a single, unified and integrated development.

(d)

The following parcels in the southeast quadrant have been developed as religious institutions as of October 29, 1996: 15-23-28-0000-00-004 and 15-23-28-0000-00-025. If either of these parcels is redeveloped, it shall be redeveloped only for office use at a FAR not to exceed 0.14, and to appear and function only as a single, unified and integrated development with the other office uses in the southeast quadrant. Such redevelopment shall be submitted as a planned development in accordance with these guidelines and standards.

(e)

(1)

To further the intent and purposes of the guidelines for the Four Corners CVC, the square footage and acreage allocated for commercial use at the northwest quadrant under the stipulated settlement agreement approved by the board of county commissioners on December 27, 1994 (sixty-five thousand two hundred fifty-three (65,253) square feet and ten and seven-tenths (10.7) acres) has been reduced as shown by the figures on the chart. The amount it has been reduced by has been transferred to the southwest quadrant.

(2)

If the retention area in the northwest quadrant is relocated, some of the residential use allocated to the northwest quadrant may be located on the former retention area.

(f)

Those parcels designated for commercial use shall be limited to the permitted uses allowed in the retail commercial (C-1) district, as established in this chapter, excluding pawn shops, bottle clubs and private lounges, cocktail lounges that are not primarily a restaurant, laundromats, biomedical "biohazardous" waste incinerator facilities, animal crematoriums, human crematories, skating rinks, bowling alleys, video arcades, movie theaters, gas stations, restaurants with drive-throughs, car washes and free-standing package sales of alcoholic beverages.

(g)

Those parcels designated for office use shall be limited to those uses allowed in the professional (P-O) office district, as established in this chapter.

(h)

Residential uses may occur vertically above nonresidential uses, but any such residential uses shall be counted against the second-story office allocations permitted under section 38-1372 and against the density allocations permitted under section 38-1373.

(i)

Nonresidential development shall be separated from residential areas located outside the Four Corners CVC by a tier of residential development. The tier shall be developed in a manner consistent with the CVC guidelines and standards set forth in division 6 of this article, including subsection 38-1357(d), and the Four Corners CVC guidelines and standards.

(j)

(1)

Maximum building height on the northeast, southeast and southwest quadrants shall be thirty-five (35) feet and two (2) stories, except, subject to approval by the board, clock towers, cupolas, atriums, domes and similar architectural features may exceed such height, but in no event may exceed fifty (50) feet in height or include any habitable or leasable square footage.

(2)

Maximum building height on the northwest quadrant shall be twenty (20) feet and one (1) story.

(Ord. No. 96-36, § 1, 11-12-96; Ord. No. 2000-09, § 2, 5-16-00; Ord. No. 2002-05, § 1, 6-4-02; Ord. No. 2009-20 , § 1, 8-25-09)