§ 3.02.05. Optional Incentives

A.

Generally

The Comprehensive Plan identifies several site design standards which should be encouraged in the I-75 Corridor in order to help create an urban environment that displays the highest quality private and public sector development. In order to encourage the inclusion of these elements in site designs, the developer shall be able to relax development standards required elsewhere in this section, as follows.

B.

Mixed Uses

1.

If the developer of a mixed use project can demonstrate a minimum 25 percent internal trip capture rate during the peak hour, then the development shall receive an additional ten percent trip bonus towards the impact of the project on adjacent roadways. This ten percent trip bonus shall be applied to the total number of trips generated by the development.

2.

A mixed use project containing a minimum of three uses which includes a commercial use, shall be permitted a five percent reduction in the number of required parking spaces.

3.

A development meeting the criteria as a mixed use project shall receive a reduction of three percent in the overall open space requirements. If the mixed use includes residential development, then the overall open space requirement may be reduced by six percent.

C.

Trip Reduction Plan (TRP)

1.

Developers of projects in the IPD districts that are projected to have more than 50 employees may select to implement a Trip Reduction Plan (TRP) as part of the IPD application. The TRP shall reduce peak hour trip rates by 20 percent and therefore should be encouraged in areas with limited available roadway capacity. The intent of the TRP program is to protect the capacity and integrity of Interstate-75 as a high volume traffic corridor, and to protect and maintain an adequate functioning arterial and collector support system by reducing automobile trips in the peak hour.

2.

A development which selects to be governed by the requirements of a TRP may use the reduced peak hour trip generation in the traffic analysis required in 3.02.04 R 1. If selected, a TRP shall be submitted as part of the IPD application.

3.

The TRP shall address the following:

a.

The number of employees per project or parcel (assuming one peak hour trip per employee).

b.

Methods to be implemented to achieve a 20 percent reduction in employee peak hour trip rate. One or several of the following may be chosen by the developer:

(1)

Preferred parking for ride-sharing/car-pooling.

(2)

Ride-sharing/van-pooling programs.

(3)

Staggered work hours programs.

(4)

Transit use incentives (paid or reduced cost transit tickets).

(5)

Wage incentives.

(6)

Limited employee parking areas.

(7)

Other approved programs.

c.

A report completed by the landowner or employer to monitor the success of the TRP in reducing employee peak hour trips shall be submitted to the County Administrator on an annual basis. The first report shall be due one year from the date of issuance of the Certificates of Occupancy. The annual TRP report shall include the following elements:

(1)

The results of an employee survey which identifies all of the following:

(a)

The number of employees per peak hour shifts.

(b)

The city and zip code of each employee's residence.

(c)

The commute mode of each employee.

(d)

The maximum number of employees on each shift.

(e)

The typical time at which each employee arrives and leaves the workplace.

(f)

A calculation of peak hour employee trip reduction.

(2)

The designation of a TRP Coordinator who will be responsible for: collecting, organizing, and monitoring data; coordinating facilities between the County and the employer; and assisting in the development and maintenance of a successful TRP.

d.

Failure to comply with the desired peak hour reduction of employee trips could result in one or more of the following:

(1)

Reduced FAR for the unbuilt portion of the development.

(2)

Implementation of parking space maximums on future phases of the project.

(3)

Designation/relocation of employee parking to a less convenient area.

(4)

The landowner may be cited for zoning violation.

e.

Sale of all or part of an IPD District

(1)

If a landowner intends to eventually release control of all or part of an IPD district, purchasers shall be required to abide by the IPD's TRP. The purchaser may submit to the County, for its review, an alternative TRP for his portion of the site. The revised TRP may be approved by the County if the purchaser can demonstrate that the goals of the original TRP are still met. The developer may be held responsible for the performance of the TRP until the last building permit for the performance of the IPD district is issued. Once the developer, or successors in title, have completed the IPD district, all landowners shall either develop their own TRPs that shall hold them responsible for their share of the IPD district's original TRP, and submit it to the County for approval, or form an association that abides by the original TRP for the entire development.

(2)

An association may develop a new TRP for the development, but the new TRP must be submitted to the County for approval. The new TRP may alter the required trip generation reduction for individual developments in the IPD district, as long as the original, total trip generation commitment remains in effect. Landowners and associations that choose to develop their own TRP shall be subject to the same regulations and enforcement actions as developers pursuant to this section.

f.

Procedure for Notification and Enforcement.

(1)

Notification.

(a)

When the County determines that an IPD district or a landowner is in non-compliance with its TRP, based on the annual traffic report or any other information available to the County, it shall notify the developer or landowner, by certified mail, within 15 days, that the development or use is in violation of its TRP.

(b)

If a landowner has received notice of violation, the development or landowner shall be required to meet with the County Administrator as set forth in 3.02.05 C 3 f within 30 days.

(2)

Probation.

(a)

From the date of receipt of notification of violation from the County, the development shall be placed on probation and shall be given three months in which to bring itself into compliance with its approved TRP.

(b)

A traffic report shall be submitted to the County by the end of each month of the probation period. See Section 3.02.05 C 3 c.

(i)

If the traffic report determines the development has achieved compliance, and the County approves the determination, then the development shall be released from probation, but shall be required to submit additional traffic reports at the end of each six month period for two years after release from probation in order for the County to ascertain that the TRP is still working.

(ii)

During the probation period, no building permits shall be issued which will increase the peak hour trip generation beyond what would have been allowed with the TRP.

(iii)

If either the traffic report or the County determines the development is still in non-compliance with its TRP, then the developer or landowner shall be notified, by certified mail, within 15 days of the determination, and shall be required to meet with the County Administrator to rectify the situation.

(3)

The landowner shall meet with County Administrator's staff within 30 days of receipt of the violation determination.

(a)

The landowner shall propose a remedial action and monitoring program to be agreed upon by County staff.

(b)

An enforcement program and time frame correcting the noncompliance shall also be determined by County staff. If staff and the landowner cannot reach an agreed remedy or if the property cannot be brought into compliance at the time of the next monitoring report, then a staff recommendation shall be forwarded to the Code Enforcement Board for enforcement proceedings.

D.

Child Day Care Centers

Child day care centers shall be provided in accordance with 2.03.03. In order to qualify for the incentives listed below, the child day care center shall provide supervision and care for more than twenty (20) children.

1.

Child day care center space set aside in any development shall not be included in any FAR calculation determining density or intensity of a development. In effect, the developer receives a density bonus equivalent to the size of the child day care center.

2.

If the applicant can demonstrate to the Administrator that parking associated with the employment generating activity will reduce the number of parking spaces required to serve the child care center, then the developer shall be allowed a reduction of the specifically identified number of required parking spaces.

3.

The developer shall receive the benefit of an internal capture rate to reduce the trip generation rate for the entire development if he can demonstrate that trips associated with the child care center are existing employee-related trips.

4.

In addition, the developer may include the play area for the child care center as part of the open space requirement.

E.

Public Art

1.

Public Art is defined and regulated by the County's Art in Public Places Ordinance. The definitions and requirements of that Ordinance, including the amount or value of the art required to qualify, shall apply to this Section.

2.

If the developer provides public art in an open internal area of a structure, such as an atrium in an office building, the open space area that the art piece occupies shall not be included in the overall FAR for the development.

3.

If the developer provides public art outdoors, then the open space requirements for the parcel on which the art work is located shall be reduced by ten percent.