RES 2002-0708 - OMaha Perforing Arts Society redevelopment project plan for Douglas St heritage arts complex ... .
obiAHA,NF _ 1 J E T ElJ
, ,4'°�``, � Planning Department
�►, •(; � l; 2: 35 • Omaha/Douglas Civic Center
2r ��;fi N 02 AR "4 `pr. 1819 Farnam Street,Suite 1100
�� [ !► �, Omaha,Nebraska 68183-0110
(402)444-5200
,� Q C L t uC
4TFD FEBRVr CITY • (402)444-5150
1�K E Q R ik S K A Telefax(402)444-6140
City of Omaha Robert-C.Peters
Mike Fahey,Mayor Director
March 5, 2002 •
Honorable President
•
and Members of the City Council,
The attached proposed Resolution transmits for your review and approval a modification to the
Douglas Street Heritage Development Project Redevelopment Plan approved by the City Council
on February 5, 2002. The attached Redevelopment Plan supersedes that original plan in its
entirety and deletes the four properties on the eastern part of the previously approved
redevelopment area.
The Redevelopment Plan continues to provide the opportunity for construction of a major
Performing Arts Center Complex primarily funded through the resources of the Omaha
Performing Arts Society. The Performing Arts Society has agreed to commit approximately
$75,000,000.00 to fund the project.
To facilitate the development, the Redevelopment Plan recognizes the potential need to use
eminent domain for the acquisition of property in the remaining redevelopment area.
The Redevelopment Plan is consistent with the Land Use and Master Plan for the area and is in
compliance with Community Development Law. This Redevelopment Plan provides an excellent
opportunity for the continuing redevelopment of the downtown area and for the general benefit
of the entire metropolitan region.
-
Honorable President
and Members of the City Council
Page 2
Your review and favorable consideration of the proposed Douglas Street Heritage Development
Redevelopment Plan, as modified, is appreciated.
Sincerely, Referred to City Council for Consideration:
ui...Robert C. Peters Date AiA4 .„ice Date
fr"11 Planning Director
Approved as to Funding: Approved:
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Stanley P. Timm e,,12......._:
Date Laf� Oster ActingDirector Date
�' S Y Y
Finance Director Parks, Recreation &
Public Property Department
App ved:
G
5 4 2
Norm Jackm , .E. Date
Acting Publi Works Director
Notice of publication: March 7, 2002 and March 14, 2002
Date of Public Hearing: March 26, 2002
P:\Pln4\6744pjm.doc
AMENDMENT TO THE DOWNTOWN
NORTHEAST REDEVELOPMENT
PLAN
DOUGLAS STREET HERITAGE
DEVELOPMENT PROJECT
Northeast of 13th and Douglas Streets
REDEVELOPMENT PLAN
OMAHA, NF
® March, 2002
_tE"t"
4.
O� FE130.' PLANNING • OMAHA
City of Omaha City of Omaha
Mike Fahey,Mayor Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
THE DOUGLAS STREET HERITAGE DEVELOPMENT PROJECT
REDEVELOPMENT PLAN,AS MODIFIED (AN AMENDMENT TO THE
DOWNTOWN NORTHEAST REDEVELOPMENT PLAN)
Introduction
This Douglas Street Heritage Development Project Redevelopment Plan modifies and
supersedes, in its entirety,the Douglas Street Heritage Development Project Redevelopment Plan
approved by the City Council on February 5, 2002. The Douglas Street Heritage Development
Project (the "Redevelopment Project") is a new project identified for inclusion in the Downtown
Northeast Redevelopment Area. A site plan of the proposed Redevelopment Project is shown on
Figure One, attached hereto. The Downtown Northeast Redevelopment Plan, in which this
Redevelopment Project will be included, establishes policies and general directions the City will
implement during the redevelopment of a portion of northeast downtown. The Douglas Street
Heritage Development Project utilizes information and guidance from the Downtown Northeast
Redevelopment Plan in order to implement a cohesive Douglas Street Heritage Development
Project in northeast downtown.
The Redevelopment Project Area
Douglas Street Heritage Development Project Area (the "Project Area") is located within the
Downtown Northeast Redevelopment Area and is legally described as all of Block 103 and a
portion of Block 102, Original City of Omaha, Douglas County,Nebraska and adjacent rights-of-
way. The Project Area includes the rights-of-way of public streets adjacent to each block, the
vacated 12th Street right-of-way, and the rights-of-way of the east-west alleys. The Project Area
is described in Figure Two, attached hereto.
Existing Conditions in the Project Area
Land Use, Occupancy, Condition and Zoning
The Project Area covers approximately 4.19 acres, including rights-of-way. While this area is
adjacent to the Gene Leahy mall on the south, Qwest on the west and the Omaha World Herald
on the northwest, the site will soon be underutilized. Older manufacturing buildings on the site
have been remodeled and altered for food production uses, but they remain outdated structures
for modern food processing. Owners of the site have announced intention to terminate food
production at the Pinnacle Foods site and relocate most operations to a nearby manufacturing
facility on Capitol Avenue. This provides an opportunity to adapt the use of the site to a function
that better compliments the Douglas Street frontage along the most prominent civic amenity in
the central business district, the Gene Leahy Mall. Major land uses in the area include public
open space, office, surface parking lots, and public rights-of-way. Building conditions in the
Project Area are generally good, primarily being Pinnacle Foods. The Project Area is currently
zoned CBD (Central Business District).
Historic Significance
There are no structures in the Project Area, which are either listed on the National Register of
Historic Places or designated by ordinance as a local landmark.
1
Present Valuation
The current assessed valuation of the Project Area is $2,449,800.00, producing approximately
$49,319.62 in annual real estate taxes.
Douglas Street Heritage Development Project
The Redevelopment Project calls for the construction of a Performing Arts Center Complex (the
"Complex") in the Project Area. A 501(c)(3) Corporation (the "Developer") will design,
construct, own and operate the Complex. A Performing Arts Center will be located primarily on
the block bounded by Dodge Street on the north, approximately vacated 12th Street on the east,
Douglas Street on the south, and 13th Street on the west. The Performing Arts Center is proposed
to be a 170,000 sq. ft. performing arts center open to the general public owned and operated by
the developer. The Performing Arts Center is expected to become the hub for the performing
arts within the Omaha metropolitan area..The Redevelopment Project may also include a 2,000-
seat concert hall and outdoor performing arts venue with support spaces.
The City of Omaha will build a 1,280-stall city-owned parking garage ("OmahaPark Eight") on
the block immediately to the north of the proposed Performing Arts Center. This parking garage
will be constructed as part of Union Pacific's plan to build a 19-story 1.1 million headquarters
two blocks to the west. Because the peak demand for parking at the Union Pacific headquarters
and the Performing Arts Center will not conflict, it is currently envisioned that this city-owned
parking structure will be utilized by the Performing Arts Center, as well as the general public.
Project Implementation
The proposed Redevelopment Project presents an opportunity to construct a major civic facility
along a portion of the Gene Leahy Mall in the Central Business District. The building will be
developed in accordance with the existing zoning requirements of the project area. In addition to
the dramatic physical change the building will bring to the Project Area, it will also provide a
new home for the performing arts in Omaha. The facility will attract visitors from Omaha and
throughout the region, and will contribute to the vitality of the immediate area and the entire
downtown. Because of the benefits offered to the City of Omaha by the Redevelopment Project,
the City proposes to assist the development pursuant to its powers under the Nebraska
Community Development Law. Specifically, the City would assist with project implementation
as follows:
The City will acquire the property within the Project Area, and will use the power of eminent
domain, if necessary, pursuant to the authority granted by Sections 18-2107 and 18-2122 of the
Nebraska Community Development Law. All owners, residents, tenants or businesses within the
Project Area will be relocated or compensated in accordance with law. The City will cause the
demolition of existing structures and the environmental remediation of the Project Area prior to
conveying the same to the Developer. The City will vacate any remaining segments of alley that
have not been previously vacated in the Project Area within Blocks 102 and 103 to assist with
the development of this project. All rights-of-way must be dedicated back to the City if the
project Developer does not proceed with those portions of the project, which are to occupy the
vacated rights-of-way.
2
As stated earlier, the Developer will construct and operate the Redevelopment Project. It is
anticipated that the Performing Arts Center will be completed in early 2005.
Streets, Grades and Utilities
Douglas Street Heritage Development Project anticipates that there will be no need to vacate or
reconfigure adjacent streets or alleys. It is anticipated that little, if any, change in street grade
will be needed. Enhancements will be made to the pedestrian crosswalks and the street surface
where necessary. Granite curbs and new sidewalks will be installed within the project area
adjacent to the new construction site. Construction in the Project Area will necessitate the
relocation of existing utilities within the redevelopment site. The City of Omaha will coordinate
this utility relocation process with the private developer to ensure that all utilities are suitably
located. In addition, the Developer will work closely with the City to find locations within the
redevelopment area where existing sewers could be rebuilt, yet remain under proposed new
buildings.
Project Costs and Public Financing
The Developer will pay for all costs associated with the Redevelopment Project, except as
specifically set out below as City of Omaha costs. The Developer will expend approximately
$90,000,000 on design, site acquisition, site development, construction and related spaces of the
Performing Arts Center. This amount includes the City's contribution of$15,000,000 set forth
below. The Performing Arts Center utilization of OmahaPark Eight will be at rate structures to
be determined by the City from time to time.
The City of Omaha will pay for the demolition and environmental remediation of the Project
Area. In addition, the City will provide a relocation payment to Pinnacle Foods to retain a
number of jobs at their other production plant on Capitol Avenue. The City will construct an
approximately 200-stall surface parking facility to the immediate north of, and for the use of, the
Pinnacle Foods remaining Capitol Avenue production plant. The City of Omaha will also be
responsible for sidewalks, utility relocations (including fiber-optics), sewer reconstruction, and
other public improvements within the existing right-of-way. These costs are estimated to be no
more than $6,000,000. As a further cost, the City of Omaha will make a payment of$15,000,000
to the Developer to fund the development of the Redevelopment Project. The City costs will be
secured and will, as consideration, require the Developer to develop and operate the
Redevelopment Project as stated in this Amendment.
The City will issue its redevelopment bonds (the "Redevelopment Bonds") pursuant to the
authority granted by the Nebraska Community Development Law, the proceeds of which will
pay City costs. The interest on the Redevelopment Bonds will be exempt from federal income
tax as they are issued for the benefit of the Developer as a 501(c)(3) corporation. The City of
Omaha may use other funding sources to pay for the public infrastructure portion of the
Redevelopment Project.
3
JRedevelo Redevelopment Project Boundary /_ N
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Dodge Street •
4 3 2 1 4 3 2 1
N 0
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(� 103 102 N
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5 1 6 12 8 5 6 7 8
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Douglas Street
-- Project Boundary
— Ownership Boundaries
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FIGURE 1
•
a CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the continued development of downtown Omaha and the
development of a new performing arts complex is a high priority of the City of Omaha; and,
WHEREAS, the Douglas Street Heritage Development Project Redevelopment
Plan, an amendment to the Downtown Northeast Redevelopment Plan, was approved by the City
Council of the City of Omaha on February 5, 2002; and,
WHEREAS, the City of Omaha Planning Department has prepared the Douglas
Street Heritage Development Project Redevelopment Plan, as modified (the "Redevelopment
Plan") that includes a proposed performing arts center project designated as the Douglas Street
Heritage Development Project (the "Redevelopment Project") and deletes certain properties on
the easterly portion of the area from the February 5, 2002 redevelopment plan referred to
hereinabove; and,
WHEREAS, the Redevelopment Plan and Project Area for the Douglas Street
Heritage Performing Arts Complex contains all of Block One Hundred Two (102) and a portion
of Block One Hundred Three (103), original City of Omaha, as surveyed, platted and recorded in
Douglas County,Nebraska; and,
WHEREAS, the Redevelopment Plan contains a provision for the use of eminent
domain to secure property in the Redevelopment Project Area; and,
WHEREAS, the cost of the Redevelopment Project for the Douglas Street
Heritage Performing Arts Complex is to be partially funded from private resources and partially
by tax exempt redevelopment bonds of the City of Omaha; and,
WHEREAS, Section 2108 of the Nebraska Revised Statutes requires the City of
Omaha to adopt a redevelopment plan before undertaking an active part in a redevelopment
project; and,
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
•
••;: :-2`:A +-
CITY OF OMAHA
• LEGISLATIVE CHAMBER
Omaha,Nebraska
PAGE 2
WHEREAS, the Redevelopment Plan, prior to modification, was reviewed by the
Omaha Planning Board on January 9, 2002, and was found to be in compliance with Nebraska
Community Development Law, City of Omaha Master Plan and Land Use Plan.
NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the attached Douglas Street Heritage Development Plan, as modified, is
deemed not to be a substantial modification of the redevelopment plan approved on February 5,
2002.
THAT, the attached Douglas Street Heritage Development Plan, as modified,
located generally between the vacated 12th Street on the east, 13th Street on the west, Dodge
Street on the north, and Douglas Street on the south, including the rights-of-way of all public
streets adjacent to the site, the vacated 12th Street right-of-way, and the rights-of-way of the
east/west alleys, and its surroundings, prepared by the Planning Department, be, and hereby is,
approved.
APPROVED AS TO FORM:
TTO Y DATE
P:\Law1\10964f.doc
•
SFr
By . ...
nncilmember
Adopted AR 2 /'Q
City Clerk
Approved
Mayor
/
attieq
Resolution by Do-ii
1
Res. that the proposed Douglas Street
I
Heritage Performing Arts Complex area and P ��A . ✓) r }
adjacent and associated public rights-of-way I ' ,
remain "blighted and substandard" pursuantRs_cpf2hvtsmA7t— ` ---„ f `�'
to Nebraska Community Development Law, ►',I
Section 1802103; and further that the attached `� ' ti
Omaha Performing Arts Society I ,
Redevelopment Project Plan for the Douglas
Street Heritage Arts Complex located
between the -vacated 12th Street on the east,
13th Street on the west, Dodge Street on the
north, and Douglas Street on the south,
including the rights-of-way of all public
streets adjacent to the-site, the vacated 12th .
Street right-of-way, and the rights-of-way of
the east/west alleys, and its surroundings,
prepared by the Planning Department, be, and
hereby is, approved as the Redevelopment
Plan for the Omaha Performing Arts Society
Douglas Street Heritage Performing Arts
Complex Redevelopment Area.
PALawl\10964£doc
1
Presented to City Council
MAR — 5 2002 .
• ••• 6--ae,,,5 tdee,‘Itvdt‘A 7C;'' .
j‘e4tee04.24
MARia2? K ec D
guoter grown .
City Clerk
• - THE DAILY RECORD
"NOTICE c lalBLIC"
NOTICE OF PUBLIC HEARING ON A OF OMAHA
MODIFICATION TO THE DOUGLAS
STREET HERITAGE DEVELOPMENT RONALD A. HENNINGSEN,Publisher
PROJECT REDEVELOPMENT PLAN
Notice is hereby given that the Omaha PROOF OF PUBLICATION
City Council has set Tuesday, March 26,
2002 at 2:00 o'clock p.m. as the date of
Public Hearing on a Modification to the UNITED STATES OF AMERICA,
Douglas Street Heritage Development
Project Redevelopment Plan.
n�e3tttteofNebra9ka,
The Modification to the Douglas Street Dietrl of Nebraska, 99.
Heritage Development Project Countt y of Douglas.
Redevelopment Plan is located generally city of Omaha.
between vacated 12th Street on the east,
13th Street on the west,Dodge Street on the JOHN P. EGLSAER
north and Douglas Street on the south,
including the rights-of-way of all public beingdulysworn,streets adjacent to the site,the vacated 12th deposes and says that he Is
Street right-of-way and the rights-of-way of
the east/west alleys and its surroundings. ADVERTISING MANAGER
The Redevelopment Plan is located within an
area declared blighted and substandard and
in need of redevelopment by the City of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
Council. published daily in the English language,The Modification to the Douglas Street g having a bona fide paid
Heritage Development Pro ect circulation in Douglas County in excess of Soo copies, printed in
Redevelopment Plan supersedes the original Omaha,in said County of Douglas,for more than fifty-two weeks last
plan in its entirety and deletes the four properties on the eastern part of the past; that the printed notice hereto attached was published in THE
previously approved redevelopment area.
The plan continues to provide the DAILY RECORD,of Omaha,on
opportunity for construction of a major
Performing Arts Center Complex, primarily Marchh7 and L�F 2002
funded through the resources of the Omaha
Performing Arts Society.
A copy of said plan is available for public
inspection in the City Clerk's Office.
Public Hearing will be held before the City
Council of the City of Omaha, in the
Legislative Chambers,Omaha/Douglas Civic Tha id.Newspaper during that time was regularly published and
Center, 1819 Farnam Street, Omaha, li •
i ng r>t41 :tion in the County of Douglas, and State of
Nebraska. r kCCL
BUSTER BROWN, ;z`Fltt:$ ••••. (•'7
City Clerk of. •:•'GSN ERA • 7
ALL REQUESTS FOR SIGN LANGUAGE eo
INTERPRETERS(SIGNERS)WILL REQUIRE A ; 8 �•eFee a•S "" �
MINIMUM OF 48 HOURS ADVANCE NOTICE. •TA•Y • / i
IF ALTERNATIVE FORMATS ARE NEEDED •
ldditl %••• S ribed in my prese and s ' to
ALL REQUESTS WILL REQUIRE A MINIMUM x
OF72 HOURS ADVANCE NOTICE. EXPIRES � before methle 4th 01,
...dayof
PLEASE NOTIFY TAMMY BIODROWSKI- ie.. \ tau• qq •• •• March 20
444-5553,IF ARRANGEMENTS NEED TO BE i•l� �Q •
MADE. s*+.,,_•_ 64�•'' i
` h3-7&14-02 eft ""e�'°•°'", ��
bdk,tia��.��►"� Notary/0u and t,i .t_:. Comity.
of N:1 :
"NOTICE TO PUBLIC"
PROOF OF PUBLICATION
NOTICE OF PUBLIC HEARING
ON A MODIFICATION TO
THE DOUGLAS STREET
HERITAGE DEVELOPMENT
PROJECT •
REDEVELOPMENT PLAN
the e is hereby yy given unci that AFFIDAVIT
the Omaha City Council has
set Tuesday, March 26,
2002 at 2:00 o'clock p.m.as
the dateof Public Hearing
aModification a Modificatioon to the State of Nebraska, County of Douglas, ss:
Douglas Street Heritage
Development Project
Redevelopment Plan.
The Modification to the
Douglas Street Heritage
Redevelopment Plane is Michelle Revis ,being duly sworn,deposes and says
located generally1 between
east, d 13tht Street ton the that he is an employee of The Omaha World-Herald, a legal daily newspaper
west, Dodge Street on the
north and Douglas Street
on the south,including the printed and published in the county of Douglas and State of Nebraska, and of
rights•of•way of all public
Streets adjacent tb the rite' general circulation in the Counties of Douglas and Sarpy and State of Nebraska,
the vacated 12th Street
right-of-way and the
rights-of-wayof the east/
west alles and its and that the attached printed notice was published in the said newspaper on the
surroundings. The
• Redevelopment Plan is �•� • • ,day of March A.D. 2092. . .
j located within an area •/ y
declared blighted and
substandard and in need of redevelopment by the City andlegalpp
that said newspaper is a newspaper er under the statues of the State of
Council.
The Modification to the Nebraska. The above facts,are within my personal knowledge. The Omaha
Douglas Street Heritage
Development Protean World-Herald has an average circulation of.222,271 daily,268,336
Redevelopment V
supersedes the original
plan in its entirety and Sunda ,in 20.02.
deletes the four properties Y '
on the eastern part of the
previously approved
redevelopment area. The
plan continues to provide •
I the opportunity for � (( Advertising
coltstructlon at a major (Signed) . . .
Performing Arts Cener
Complex, primarily funded
through the resources of
the Omaha Performing Arts
Society.
I availablet saidr plan
Subscribed in my presence and sworn to before me this
inspection in the City
Clerk's Office. day of March 20 02 .
Public Hearing will be held
before the City Council of
the City of Omaha, in the
Legislative Chambers,
Omaha/Douglas Civic
Center,1819 Farnam Street,
Omaha,Nebraska.
Buster Brown l)
City Clerk l'
ALL REQUESTS FOR SIGN /0/4— 1 X / / /- et v�.. U—
LANGUAGE INTERPRETERS l• I
MINIMUM--- i (SIGNERS)
SF 46 HOURS WILL REQUIRE A Notary Public
ADVANCEN FORE.IF GENERAL NOTARY-State of Nebraska
ALTERNATIVE FORMATS _
ARE LNEEDED QUI ALL REMINIMUMTS
II'
WILL REQUIRE HOUR NNIMUM DEBRA L. MARCO
OF 72 HOURS -
ADVANCEFY - l My Comm.Exp. Sept. 13,2003
PLEASE NOTIFY TAMMY Printer's Fee$ •
BIODROWSKi EMENT553,IFARRAN Affidavit
NEED TO BE MADE.
Paid by •
313-G8-007
i
a