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RES 2006-0692 - SUP to allow large project Wal-Mart real estate business trust in CC district northwest of 72nd and Hickory Sts in4 On aha City Planning Departmere eX . For Office Use Only 66 / G6 (D Date Filed • APPLICATION (/ Fee $ Receipt# ZONING Case# ® Rezoning from GO, GC,CC, ,R7, R8 to CC ❑ Conditional Use Permit Other ® Special Use Permit ❑ Site Plan Review ❑ '7//J/d (o. Property Owner See Attached Ownership List(See Attached Exhibit A) Name Address Zip Phone# Applicant Wal-Mart Real Estate Business Trust702 S.W.8th Street, Bentonville,AR 72712-6489 479-273-4000 Name Address Zip Phone# Representative Croker, Huck,et al. 2120 S.72nd Street, Ste 1250,Omaha, Ne 68124 402-391-6777 Firm Name Address Zip Phone# Contact Bob Huck, Croker, Huck, et al. 2120 S.72nd Street, Ste 1250, Omaha, Ne 68124 402-391-6777 Chris Willet 2120 S.72nd Street, Ste 1400, Omaha, Ne 68124 402-341-1116 Name Address Zip Phone# rhuck@crokerlaw.com, cwillet@oaconsulting.com E-Mail Address General Location/Address North West Corner of 72nd St.and Hickory St. Legal Description See Attached ********************************************************************************************** Restaurant, General Office, Commercial Proposed Use Type General Retail Sales Existing Use Recreation (See Article 3 of Zoning Code) Building and Parking Information Landscaping Information a. Total Site Area 738,271 Sq. Ft. j. Total Area of Street Yard 41,621 Sq. Ft. b. Building Coverage 213,680 Sq. Ft. k. Street Yard Landscaped Area 25,871 Sq. Ft. c. Building Coverage(b=a) 29 % I. Street Yard Landscaped Area(k=j) 62 % d. Maximum Building Height 45 Ft. m. Parking Lot Area 342,248 Sq. Ft. e. Total Floor Area 221,081 Sq. Ft. n. Interior Parking Lot Landscaping 26,065 Sq. Ft. f. Floor Area Ratio(e=a) 0.30 o. Interior Lot Landscaping(n=m) 7.6 %. g. Total Paved Area 399,418 Sq. Ft. Residential Uses Only h. Impervious Coverage(b+g=a) 83 % p. Number of Units Number of Parking Stalls 884 for Multi-Family: #of Efficiencies Number of Compact Stalls N/A #1 Bedrooms Number of Handicapped Stalls 22 #2 Bedrooms #3 Bedrooms Sq. q. Density(alp) Ft./Unt Total Floor Area of Any Incidental r. Office or Commercial Use Sq. Ft. If you have any questions about this application, please contact the Current Planning Division at 444-5200. Owner's Signature Owner/Applicant Signature (If not the property owner, the applicant certificates with this signature to be the authorized agent of the property owner.) Date Submitted Print or Type Name of Applicant • • A e f° EXHIBIT "A" TITLEHOLDERS/LEGAL DESCRIPTION (amended Feb 3,2006) Attached to and forming a part of file number: OTW93837 PARCEL A: TITLEHOLDER: 108th Street Plaza Investors Partnership,a Nebraska general partnership (as to an undivided 26.85% interest)and M &R Investments,a Nebraska general partnership(as to an undivided 52.69% interest); AND Edna Mae Hall (as to an undivided 20.46% interest) LEGAL DESCRIPTION: That part of Tax Lot 3 in the Northeast Quarter of Section 26, Township 15 North,Range 12 East of the 6th P.M., in the City of Omaha,in Douglas County,Nebraska,more particularly described as follows: Commencing at the Southeast corner of the Northeast Quarter of said Section 36; thence West along the South line of said quarter quarter line,300 feet to the point of Beginning; thence North 332.42 feet; thence West 355 feet; thence South 332.28 feet; thence East 355 feet to the Point of Beginning. PARCEL B: TITLEHOLDER: The Lund Company Partnership,a Nebraska general partnership. LEGAL DESCRIPTION: Tax Lot 2,except the West 229 feet thereof in the Northeast 1/4 of the Northeast 1/4 of Section 26,Township 15 North,Range 12,in Douglas County, Nebraska; EXCEPT The East 40 feet of Tax Lot 2 of the Northeast Quarter of the Northeast Quarter of Section 26,Township 15 North,Range 12 East,Douglas County,Nebraska; AND EXCEPT The North 40 feet of the East 975 feet of Tax Lot 2,being in the Northeast Quarter of the Northeast Quarter of Section 26,Township 15 North,Range 12 East of the 6th P.M.,in Douglas County,Nebraska; AND EXCEPT That part of Tax Lot 2,in the Northeast Quarter of the Northeast Quarter of Section 26,Township 15 North,Range 12 East of the 6th P.M.,in the City of Omaha, Douglas County,Nebraska,described as follows: Beginning at a point 40 feet South and 40 feet West of the Northeast corner of said Tax Lot 2; thence South a distance of 135.5 feet; thence West a distance of 232 feet; thence North a distance of 135-1/2 feet; thence East a distance of 232 feet to the Point of Beginning; AND EXCEPT A part of Tax Lot 2 located in the Northeast Quarter of Northeast Quarter of Section 26,Township 15 North,Range 12 East of the 6th P.M.,in Douglas County, Nebraska,more particularly described as follows: Beginning at the Southwest corner of said Tax Lot 2; thence North 89°50'20" East and along the South line of Tax Lot 2 for 229.0 feet to the True Point of Beginning; thence North 0°01'14" West for 292.41 feet to a point on the South right of way of Poppleton Avenue; thence North 89°54'30" East and along said South right of way for 742.92 feet; thence due South along a line 232 feet West of and parallel with the West right of way of 72nd Street for a distance of 292.50 feet; thence Ex/4ft ve North 89°59'56" West anTalong the South line of said Tax Lot for 349.95 feet; thence lo 3,+(Q South 89°50'20" West and along the South line of said Tax Lot 2 for 392.87 feet to the True Point of Beginning; AND EXCEPT The West 232 feet of the East 272 feet of the South 145 feet of the North 320.5 feet of Tax Lot 2,in the Northeast Quarter of the Northeast Quarter of Section 26, Township 15 North,Range 12 East,in Douglas County,Nebraska. AND Tax Lot 3,in the Northeast Quarter of the Northeast Quarter of Section 26,Township 15 North,Range 12 East of the 6th P.M.,in Douglas County,Nebraska; EXCEPT The East 35 feet of Tax Lot 3 of the Northeast Quarter of the Northeast Quarter of Section 26,Township 15 North,Range 12 East,Douglas County,Nebraska; and EXCEPT the West 355 feet of Tax Lot 3,and the South 25 feet of the remainder of said Tax Lot 3,more fully described as: The South 25 feet of the East 232.15 feet of Tax Lot 3, all located within the Northeast Quarter of the Northeast Quarter of Section 26,Township 15 North,Range 12 East of the 6th P.M.,in Douglas County,Nebraska; AND EXCEPT A Tract of land located in the Northeast Quarter of the Northeast Quarter of Section 26,Township 15 North,Range 12 East of the 6th P.M.,Douglas County, Nebraska,and described as follows: Beginning at a point 20.73 meters(68.01 feet)West of and 7.62 meters (25.00 feet)North of the Southwest corner of the said Northeast Quarter of the Northeast Quarter of Section 26; thence South 87°46'07" West,a distance of 1.24 meters(4.07 feet); thence North 02°16'31" West,a distance of 37.24 meters (122.18 feet); thence North 36°22'42" East,a distance of 1.99 meters(6.53 feet) to a point on the West right of way line of 72nd Street; thence South 02°16'31" East along the West right of way line of 72nd Street a distance of 38.79 meters (127.26 feet) to the Point of Beginning; AND EXCEPT a tract of land located in the Northeast Quarter of the Northeast Quarter of Section 26,Township 15 North,Range 12 East of the 6th P.M., in Douglas County, Nebraska,and described as follows: Referring to the Southeast corner of the said Northeast Quarter of the Northeast Quarter of Section 26; thence West a distance of 20.73 meters (68.01 feet)to the West right of way line of 72nd Street; thence North along said right of way line a distance of 7.62 meters (25.00 feet); thence North 02°16'31" West along said right of way line a distance of 90.67 meters(297.47 feet) to the Point of Beginning; thence South 87°43'35" West a distance of 1.52 meters (4.99 feet); thence North 02°16'36" West,a distance of 3.06 meters(10.04 feet);thence North 87°46'16" East,a distance of 1.52 meters (4.99 feet); thence South 02°16'23" East,a distance of 3.06 meters (10.4 feet) to the point of beginning. PARCEL C: TITLEHOLDER: RB-LBC,LLC,a Nebraska limited liability company LEGAL DESCRIPTION: A tract of land located in the Nl/z of the SE1/4 of the NE1/4 of Section 26,Township 15 North,Range 12 East of the 6th P.M.,in the City of Omaha, Douglas County,Nebraska,being more particularly described as follows: Referring to the Northeast corner of said SE1/4 NE1/4; thence North 89°42'45"West(assumed bearing), 72.05 feet on the North line of said SE1/4 NE1/4; thence South 00°01'12"East,25.00 feet to the South right of way line of Woolworth Avenue and the Point of Beginning; thence Southerly for the next 5 courses on the West right of way line of 72nd Street; 1)South 00°01'12"East, 123.50 feet; 2)South 89°58'59"West,3.28 feet; 3)South 00°01'02"East, • •8.20 feet; 4)North 89°58.57"East,3.28 feet; 5)South 00°00'42 East, 98.25 feet; thence North 89°42'45"West,4$61a3 feet; thence North 00°02'18" Eask 2:29.96 feet to the South right of way line of Woolworth Avenue; thence South 89°42'45"East,481.01 feet on said right of way lint to the Point of Beginning. Cam` r,/r,f c44 if �J �6IO PARCEL D: TITLEHOLDER: RB-LBC,LLC,a Nebraska limited liability company LEGAL DESCRIPTION: Lot 1,Ranch Bowl,an Addition to the City of Omaha,as surveyed,platted and recorded in Douglas County,Nebraska,also described as: That part of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 26,Township 15 North, Range 12 East of the 6th P.M.,in Douglas County,Nebraska,described as follows: Beginning 25 feet North and 68 feet West of the Southeast corner of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 26; thence West 485.25 feet; thence North 380.0 feet; thence East 485.25 feet; thence South 380.0 feet to the place of beginning. EXCEPT A part of Lot 1,Ranch Bowl,an Addition to the City of Omaha,Douglas County, Nebraska,described as follows: Beginning at the Northeast corner of said Lot 1; thence South 02°16'31" East, a distance of 34.25 meters(112.37 feet); thence North 36°55'29" West,a distance of 2.12 meters (6.96 feet); thence North 02°16'54" West,a distance of 24.57 meters(80.61 feet); thence South 87°42'59" West,a distance of 2.88 meters (9.45 feet); thence North 02°17'56" West,a distance of 7.95 meters(26.08 feet) thence North 87°46'08" East,a distance of 4.09 meters(13.42 feet)to the point of beginning. AND EXCEPT A part of Lot 1,Ranch Bowl,an Addition to the City of Omaha,Douglas County, Nebraska,and described as follows: Beginning at the Southeast corner of said Lot 1; thence South 87°46'07" West along the South line of said Lot 1 a distance of 10.80 meters (35.43 feet); thence North 49°52'38" East,a distance of 13.68 meters(44.88 feet); thence South 02°16'31" East,a distance of 8.40 meters(27.56 feet); to the point of beginning. PARCEL E: TITLEHOLDER: Mutual Protective Insurance Company,a Nebraska corporation LEGAL DESCRIPTION: That part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 26,Township 15 North,Range 12 East of the 6th P.M.,in Douglas County,Nebraska,described as follows: Commencing at the Southwest corner of said North Half; thence North 00°00'05"East(assuming the North line of said North Half to bear East and West)25.00 feet on the West line of said North Half; thence North 89°57'00" East,503.83 feet on a line 25.00 feet North of and parallel to the South line of said North Half and on the North line of Hickory Street to the point of beginning; thence continuing North 89°57'00" East,253.45 feet on the last described course to a point 553.25 feet West of the East line of said North Half; thence North 00°02'55" West 634.85 feet on a line 553.25 feet West of and parallel to the East line of said North Half to the North line of said North Half;thence West 388.65 feet on the North line of said North Half to a point • 368.08 feet East of the Northwest corner of said North Half; thence South 12°03'40" East, 649.60 feet to the point ofinning. r '1 're p i 1l 1)9 Cl (P PARCEL F: (Comprised of three separate pieces of land more fully described as set forth below) PARCEL Fl: TITLEHOLDER: The City of Omaha,Nebraska,a municipal corporation. LEGAL DESCRIPTION: A parcel of land located in Tax Lot 3 of the Northeast Quarter of the Northeast Quarter(NE1/4 NE1/4)of Section 26,Township 15 North,Range 12 East of the 6th P.M.,in Douglas County,Nebraska,and more particularly described as follows: Beginning at a point on the west right of way line of 72nd Street,said point being 68.0 feet Westerly and 1.0 feet Northerly of the Southeast corner of said NE1/4 NE1/4; thence Westerly along a line parallel to and 1.0 feet northerly of the south line of said NE1/4 NE1/4,a distance of 232.15 feet to a point; thence Northerly along a line parallel to and 355.0 feet Easterly of the West line of said Tax Lot 3,a distance of 24.0 feet to a point; thence Easterly along a line parallel to and 25.0 feet Northerly of the South line of said NE1/4 NE1/4,a distance of 232.15 feet to a point on the West right of way of 72nd Street; thence Southerly along said West right of way line a distance of 24.0 feet to the point of beginning. PARCEL F2: TITLEHOLDER: Kirkham-Michael,Inc.,a corporation,subject to the purported interests of the following entities: JHS Company,Partnership,which appears of record to claim some interest in the subject property given the fact that they are the listed Taxpayor on the Tax Rolls of the Douglas County Assessor/Treasurer Offices,and moreover,they purport to be the "Grantor" under that certain Warranty Deed filed in Book 2121 at Page 433 which conveys a portion of subject Parcel F as set forth therein to the additional purported interest of The City of Omaha,Nebraska,a municipal corporation,in which the same appears of record to claim some interest in subject property given the fact that it is named as the "Grantee"within the previously described Warranty Deed filed in Book 2121 at Page 433 of the Records of Douglas County,Nebraska. AND ALSO SUBJECT TO the restriction of sale of land for a 50 year period of time as more fully set forth within the Warranty Deed dated October 19, 1962 filed October 30, 1962 in Book 1167 at Page 71 of the Deed Records of Douglas County LEGAL DESCRIPTION: A parcel of land located in Tax Lot 3 of the Northeast Quarter of the Northeast Quarter(NE1/4 NE1/4)of Section 26,Township 15 North,Range 12 East of the 6th P.M.,in Douglas County,Nebraska and more particularly described as follows: • Beginning at a point which is the intersection of the West right of way line of 72nd Street and the South line of said NE1/4 NE1/4,said point being 68.0 fee Westerly of the Southeast corner of said NE1/4 NE1/4; thence Westerly along the South line of said NE1/4 NE1/4,a distance of 232.15 feet to a point; thence northerly along a line parallel to and 355.00 feet A-- Easterly of the West line of said Tax Lot 3,a distance of 1.0 feet to a point; thence Easterly along a line parallel to and 1.0 feet Northerly of the South line of said NE1/4 NE1/4,a distance of 232.15 feet to a point on the West right of way line of 72nd Street; thence Southerly along said West right of way line a distance of 1.0 feet to the point of beginning. PARCEL F3: TITLEHOLDER: The City of Omaha,Nebraska,a municipal corporation. LEGAL DESCRIPTION: The North 25.00 feet of the West 485.25 feet of the East 553.25 feet of the North Half of the Southeast Quarter of the Northeast Quarter of Section 26, Township 15 North,Range 12 East of the 6th P.M.,in Douglas County,Nebraska. O PARCEL G: TITLEHOLDER: Woolworth Estates, Ltd.,a Nebraska limited partnership,subject to the interest of First Data Resources,Inc.,a Delaware corporation,as "Purchaser",pursuant to a Land Sale Contract,a Memorandum of which is filed against subject property on August 17, 1993 in Book 1090 at Page 298 of the Records of Douglas County,Nebraska. LEGAL DESCRIPTION: Lot 2,Woolworth Estates,an Addition to the City of Omaha,as surveyed,platted and recorded in Douglas County,Nebraska. Parcel H: TITLEHOLDER: The City of Omaha,a municipality organized and existing under the laws of the State of Nebraska. LEGAL DESCRIPTION: All that part of the Woolworth Avenue,being Right of Way which abuts and lies directly South of Lot 2,Woolworth Estates,Douglas County, Nebraska. (NOTE: Said parcel of land to be vacated prior to or through the platting of that certain Subdivision to be known as Ranch Bowl Replat 1) NOTE: Said Parcels A through H described herein to be known as Lot 1,Ranch Bowl g Replat 1 (upon approval by each appropriate governmental subdivision and recording of the Plat for the same),and taken as a Tract,being more particularly described as follows: A tract of land being a replat of Lot 1,Ranch Bowl; Lot 2,Woolworth Estates; Tax Lot 3 along with a portion of Woolworth Avenue that lies within the boundary of this plat,all located in the Northeast Quarter of Section 26,Township 15 North,Range 12 East of the 6th P.M.,in Douglas County,Nebraska,described as follows: Commencing at the Northeast corner of said Section 26; thence South 00°05'40" West • •(assumed bearing)along the East line of the Northeast Quarter of said Section 26,975.22 feet; thence North 89°54' ad"West,72.90 feet to the Westerly riO- of way line of 72nd Street,said point also being the point of beginning; thence South 00°02'42" West along the h ) westerly right of way line of 72nd Street,21.96 feet; thence South 85°19'17" East along said right of way line,4.86 feet; thence South 00°05'08" West along said right of way,170.81 feet; thence South 37°53'11" West along said right of way line,6.64 feet; thence South 00°05'59" West along said right of way line,295.59 feet; thence South 89°49'04" West along said right of way line,3.30 feet; thence South 00°02'59" West along said right of way `A" line,8.21 feet; thence North 89°49'04" East along said right of way line,3.28 feet; thence �1 South 00°03'12" West along said right of way line,97.49 feet; thence North 89°20'00" West `D along said right of way line,9.38 feet; thence South 00°15'56" West along said right of way line,26.21 feet; thence North 89d19'36" East along said right of way line,9.46 feet; thence South 00°02'45" West along said right of way line,80.74 feet; thence South 34°58'04" East •• along said right of way line,6.96 feet; thence South 00°07'17" West along said right of way �v line,239.48 feet; thence South 52°13'21" West along the right of way line of 72nd Street and Hickory Street,44.75 feet to the Northerly right of way line of Hickory Street; thence _ 1 North 89°43'11" West along said Northerly right of way line,450.14 feet; thence North a 89°57'20" West along said Northerly right of way line,253.32 feet; thence North 11°53'58" West,649.57 feet; thence South 89°56'42" East, 192.34 feet to the extended East line of Lot 1,Woolworth Estates,a platted and recorded subdivision in Douglas County,Nebraska; thence North 00°02'24" West along said East line,331.91 feet; thence South 89°50'10" East, 95.23 feet; thence South 89°40'14" East,349.78 feet; thence North 00°26'08" East, 11.96 feet; thence South 89°53'19" East,232.39 feet to the point of beginning. 1 • i • I £ s N R 11 I Rb R 'I /T FG A Vi - 'm ��� "" A Wm lt III IIIIIIIllICIIIIIIIIIIII1=. r x 8 \' CMpEN CENTER \�'r Iy , I V'^ 1111.W _ 'v . ,I I €. s 's _y • `` I -1--rr: IIII IL I I—I IZ • m I s �� • i' 1 '� III 11111 IiriIII IIII f 4 Q^_I 1 1 I I y?: I I I I I t III I I I I I I I I I L Bita Cf 111 8 \ zt \A. 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' i ril it ki ki IF of I.. .. ri 0 _ I Pr's_t_ ill iie r, gi ' ,.... ..,. lit•= sy ,.. ;.ilEi,. ill yt y; .....•••,.t,..- , h Tut • .,1 1 P irrviiii •g'i i i A Mil 7111. •,r-1,1 -.V: P-' Y. i I F Oil g ifi ;Iv re,: I i/ff ex4, b, 'f r (/ EXHJBIT B 5 /O (O Special Use Permit—Statement of Proposed Use Omaha,Nebraska,Nov.4,2005—Creating 300-400 new jobs, providing charitable support and offering every day low prices,Wal-Mart is submitting plans for approval by the Omaha City Council and Planning Commission to build a new Supercenter at the former Ranch Bowl site at 1600 South 72nd street. If approved, the Supercenter is projected to open in the fall of 2006,with a unique design that will blend with other new commercial development along the corridor. Architectural features The new 221,081 square-foot Wal-Mart Supercenter will feature architectural features unique to the site, such as an upper mezzanine level where deliveries will be received;then conveyed to the sales floor by lifts. Other unique features include: ❑ One-of-a-kind floor plan and design,very specific to this particular site ❑ Architectural features used as rooftop screening elements ❑ Four-sided architecture,including the mezzanine level O Enhanced garden center with masonry pilasters,knee wall and ornamental metal fence. ❑ Neutral color palette that blends with the surrounding area ❑ Use of integrally colored masonry block maintains a brand new appearance O Timeless architecture,materials and colors ❑ Site signage incorporates same building materials as the store Site & Traffic Features All customer access to the new Supercenter will be from 72nd Street with the main entrance at the stoplight located at 72nd and Pine Streets, and a right in/right out access to 72nd Street at the north, end of the site. Delivery trucks will enter and exit the site off of Hickory Street,providing a more convenient access to 72nd St., separate from customer traffic. The project will incorporate a bus stop next to the site on 72nd Street to be serviced by Metro Area Transit. The site will incorporate a significant amount of landscaping and berming,especially along the 72nd street corridor. Store Features The Omaha Ranch Bowl Wal-Mart Supercenter,will encompass more than 200,000 square feet of retail space and employ approximately 300-400 associates. The Supercenter will offer customers a full line of groceries and general merchandise and will be open 24-hours. Architectural Building Elevations and renderings are also attached as Exhibits`B-1"thru "B-3". EXHIBIT "B" Page 1 of 2 Condition(s): 1) Compliance with a site plan as amended, with final approval by the Planning Department, including: a. A prominent and functional structural element on the 72nd and Pine Street corner of the structure with some signage that would have to be in proportion with the tower; b. A plaza area adjacent to the structure and public transportation stop; c. Widening the sidewalk to a minimum of 15 feet and taper down to no less than 10 feet from the corner element area to the easternmost entrance on the north side of the building; d. A 10 foot wide landscape areas (every other aisle) in the parking lot; e. Gating the south area of the garden center similar to the north area; f. Removal of the pole sign at 72nd and Pine Streets; g. Reduction in the lengths of the retaining walls along 72nd Street to the extent possible to maintain slopes; h. Changes to the retaining walls and landscaping at the northeast corner of the site to create a more attractive corner feature; and, i. Retaining walls to be constructed from materials compatible to the building. 2) Compliance with a landscape plan as amended, with final approval by the Planning Department, including: a. Ten foot wide landscape areas (every other aisle) in the parking lot; b. Reduction in the lengths of the retaining walls and fencing along 72nd Street to the extent possible to maintain slopes; and, c. Over story tree plantings along 72nd Street exceeding minimum caliper requirements. EXHIBIT "B" Page 2 of 2 3) Compliance with building elevations as amended, with final approval by the Planning Department, including: a. Further reductions in the amount of E.I.F.S. that is used on the north elevation(i.e., Fort Collins); and, b. A prominent and functional structural element on the 72nd and Pine Street corner of the building. 4) Compliance with the proposed sign plan as amended, with final approval by the Planning Department, including: a. No pole signs; and, b. All signage being complementary in design and color with the building elevations. 5) Compliance with a lighting plan that meets and exceeds all applicable regulations and minimizes glare to the extent possible by incorporating down-lighting, cut-off lighting and recessed lighting. 6) Compliance with the proposed operating plan as amended, with final approval by the Planning Department, subject to: a. Delivery trucks not being allowed to unload between the hours of 12:00 Midnight and 7:00 a.m. (except in emergencies) or to idle at the loading dock overnight; b. There being no display of merchandise outside the garden center area or outside the main structure; c. There being no outdoor storage of any kind; and, d. There being no other portable or temporary structures or containers kept on the site. 7) Meet all NRD requirements; and, 8) Maintenance and replacement of the landscaping and using soil of a quality that would allow the materials to grown and thrive. P:\PLN3\14060pjm.doc } • N E B RAS KA POSTMARK DATE ' ACCOUNTABILITY AND DISCLOSURE COMMISSION POTENTIAL CONFLICT MI ROFI R 11th Floor, State Capitol OF INTEREST P.O. Box 95086 OFFICE USE ONLY Lincoln, NE 68509 STATEMENT (402) 471-2522 BEFORE COMPLETING THIS FORM NADC FORM C-2 READ THE FILING REQUIREMENTS ON PAGE 3 • An official or employee of the executive branch of state government or any other official or employee who is required to file Statements of Financial Interests must disclose a potential conflict of interest. • File this Potential Conflict of Interest Statement with the Nebraska Accountability and Disclosure Commission and your immediate superior whenever a potential conflict on interest situation arises. • Persons who fail to disclose potential conflict of interests or who otherwise do not comply with the law are subject to penalties. ITEM 1 NAME, ADDRESS AND TELEPHONE NUMBER Name Suttle James H. Telephone No. 571-0602 Last First Middle Address 6054 Country Club Oaks Place Omaha NE 68152 STREET ADDRESS OR RURAL ROUTE City STATE ZIP CODE ITEM 2 I TITLE, AGENCY, ADDRESS, PHONE AND SUPERIOR Your Title City Councilmember Agency City of Omaha Agency Address 1819 Farnam Street Agency Phone 444-5527 Name of Immediate Superior Title ITEM 3 I DESCRIBE POTENTIAL CONFLICT OF INTEREST IN DETAIL(Use Item 7 Continuation, if necessary) Date action is to be taken or decision is to be made: July 11, 2006 Description of Potential Conflict: A rezoning of property for Wal Mart, along with several other related items, will be on the July 11, 2006 City Council agenda. Councilmember Suttle has investments through Charles Schwab Company. In the fund he is involved in, he owns 800 shares of Wal Mart. He does not control the buying or selling of shares in the fund. On the advice on the Nebraska Accountability and Disclosure Commission, Councilmember Suttle will not vote or participate in the Wal Mart rezoning case. . ITEM 4 I PERSONS WHO MAY RECEIVE FINANCIAL BENEFIT OR DETRIMENT You ❑ Member of your Immediate Family: NAME Business With Which You ❑ Are Associated (See Definitions) NAME OF BUSINESS ITEM 5 I NATURE OF FINANCIAL BENEFITS ITEM 6 FOR MEMBERS OF THE LEGISLATURE ONLY If you will not abstain from acting on a matter state why, despite the potential conflict,you intend to vote or otherwise participate. ITEM 7 I CONTINUATION z 17 DD (SIG (DATE) State of Nebraska Accountability and Disclosure Commission 1 P.O. BOX 95086 11th Floor, State Capitol Lincoln, Nebraska 68509 1,, Phone (402) 471-2522 nadc.nol.org ' ;', Fax (402) 471-6599 • ' I ili Li May 16, 2006 -. 4 James H. Suttle 6054 Country Club Oaks Place Omaha, NE. 68152 • Re: NADC Form C-2 Dear Mr. Suttle, • The Commission received your Form C-2 regarding the proposal of Wall Mart to rezone some property. In the form you also indicate that you are a City Councilman and own 800 shares of Wall Mart You indicate that the proposed action by the City will be on May 23rd and that it is your intention to vote on the matter. Unfortunately, we are unable to inform you as to whether you will have to abstain from participating in that process. Section 49-1499.03 of the Nebraska Political Accountability and Disclosure Act provides that an official of a political subdivision designated in § 49- 1493 has a potential conflict of interest if he or she is faced with taking an official action or making an official decision which may result in a financial benefit or detriment a member of his or her immediate family; or a business with which he or she is associated. Section 49-1407 defines the term business as "any corporation, partnership, limited liability company, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint-stock company, receivership, trust, activity, or entity." THE SALVATION OF THE STATE IS WATCHFULNESS IN THE CITIZEN James H Suttle May 16, 2006 Page 2 Section 49-1408 defines a business association as one in which the individual is ...a director, or officer; or in which the individual ...is a stockholder of a publicly traded stock worth ten thousand dollars or more at fair market value A City Council person from Omaha fits within the designated class of officials covered under the Nebraska Political Accountability Act in section 49-1493 and you may have a business association with a business that may receive some potential benefit from the proposed action of the Council if the fair market value of your stock is ten thousand dollars or more. We therefore direct you to remove yourself from influence over the proposed action or decision if the value of the stock is ten thousand dollars or more and remind you to deliver a copy of Form C-2 to the City Clerk who should enter it onto the public records of the City. If you have any questions please feel free to give me a call. The number here at the Commission is (402) 471-2522. Sincerely, William L. Howland General Counsel 1 4 MOTION BY COUNCILMEMBER I hereby move that Council Document No. , Current Series, be amended as follows: Deleting Page 2 of Exhibit "A" and inserting in lieu thereof the attached Page 2 APPROVED AS TO FORM: (>1`'`.5 "-7' CITY ATTORNEY DATE P:\PLN3\14231pjm.doc .s.. _ 900 VNSV8133N 'VHVNO Inew € s•'tin.Ri� 1Vld ANVNIWIl3Jld ?.g 1-.- S S/V I)O S S V NO S S 1 0 ' ,,,„,„ „m;; 3N0 1V1d3tl 1MOe HONVL La �v nua w.awr mvv ai.ro.m mx9 �'- Jkkf a' I/iO �°"� NVld 31M A8VNINI138d {F pggp{{ "1 SNOISIA3a c G a f 3 i E§ „_________________Ir. ±,____.„,t,_,,, frz.m........„ a '4 Ng qv[10444et III O q I�©I�___ © a 0 ,In n e� i ! a w1 -8 r `V`�7 RR Ni5R '4 N F SSD to s ey w 1. a a a � it ! 6�€e Q 1-e � \ \,, , — ` \ =ga l tg� 11 egg sa @ ��� s e a g e x a J ;\ o as €$ 9 acre d 1 � g i - \ _ ggasp qi' g e go rg YY <�1 Pt' .,2, ip 41 ER P ighgign z \�\\\21-= ` q\\ a3asos>3se n e� = @? �5 �a - � � � gg J 3-i gy a `bi'4e�.:I :e W o e i 4uul 5 x4 WS . pm thy all �.W� 01 � 3 i it « lXg4 113/1021 5 6 V gex �� �� Ee a ibrixii ;:ii7:1511:11 ga! 1 ilim.,..iet, , q, 1,, 11., 1 , :..1 li .:f _ .. 0'-ei ig10 10 rriiikNifilh /: , pr I al gO . 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CD b7 0 y P 0 G CM C-25A CITY OF OMAHA LEGISLATIVE CHAMBER 4 Omaha,Nebraska June 20, 2006 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Section 55-884 of the Omaha Municipal Code provides for the granting of a Large Project Special Use Permit; and, WHEREAS, an application has been submitted by Wal-Mart Real Estate Business Trust for a Large Project Special Use Permit in a CC-Community Commercial District located Northwest of 72nd and Hickory Streets, Omaha, Nebraska; and, WHEREAS, the City Planning Board has recommended that said permit be granted pursuant to the application, a copy of which is attached hereto as Exhibit"A" and made a part hereof by this reference, and the conditions set out in Exhibit `B" attached hereto and made a part hereof by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Large Project Special Use Permit application submitted by Wal-Mart Real Estate Business Trust for property in a CC-Community Commercial District, located Northwest of 72nd and Hickory Streets, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit `B", and all applicable local or state statutes, ordinances or regulations are complied with. BE IT FURTHER RESOLVED: THAT, the proposed Large Project Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code. 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