ORD 35636 - MUD development agmt southwest of 180th St and W Center Rd k 4fees
ORDINANCE NO. (A j jp 4
AN ORDINANCE to approve the amended Mixed Use District Development Agreement for
property located Southwest of 180th Street and West Center Road (Ridgeview) between
the City of Omaha, SID No. 450 and Lanoha-Center Development, Inc., providing site
development and use standards; and to provide for an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the City of Omaha, in the interest of maintaining public health, safety,
and welfare, desires to assure that the property located Southwest of 180th Street and West
Center Road (Ridgeview) is developed in accordance with the provisions of this amended Mixed
Use Development Agreement attached hereto and made a part hereof by reference.
Section 2. That if this Ordinance, amended Mixed Use District Development Agreement,
or portion thereof, is found to be invalid, any zoning ordinance applicable to such site shall not
be invalidated for such reason.
Section 3. That this amended Mixed Use District Development Agreement is hereby
approved.
Section 4. That this Ordinance shall be in full force and take effect fifteen(15) days from
and after the date of its passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
742e/
MAYOR OF THE CIT OF OMAHA DA I1
PASSED JUL 10 ZOO /7-0
ATTEST:
74 0/
C ERKOF HE CITY OF OMAHA DATE APPROVED AS TO FORM:
S CITY ATTORNEY DATE
P:\PLN1\11905z.doc
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AMENDMENT TO
COMMUNITY MIXED-USE
DISTRICT DEVELOPMENT AGREEMENT
THIS MIXED-USE DISTRICT DEVELOPMENT AGREEMENT is made and entered into as
of the dates indicated below pursuant to Chapter 55, Omaha Municipal Code, by and
between the CITY OF OMAHA, a Municipal corporation of the State of Nebraska, hereinafter
referred to as "City," SANITARY AND IMPROVEMENT DISTRICT NO. 450 OF DOUGLAS
COUNTY, NEBRASKA, hereinafter referred to as "District," LANOHA-CENTER
DEVELOPMENT, INC., a Nebraska corporation, hereinafter referred to as "Lanoha-Center."
WITNESSETH :
WHEREAS, Lanoha-Center is the legal owner of the real estate described in the plat of
the Ridgeview Subdivision Community Mixed-Use Center, hereinafter referred to as "Mixed-
Use Area," a copy of which is attached hereto Exhibit "A-1" and is incorporated herein by
this reference; and
WHEREAS, Lanoha-Center desires to establish and develop the portion of the Mixed-
Use Area described in Exhibit "B-1" attached hereto according to the provisions of Chapter
55 of the Omaha Municipal Code for the construction of a shopping center, grocery store,
retail stores, offices, restaurants, fast food restaurants, gas stations, convenience stores,
and commercial uses as set forth in this Agreement; and
WHEREAS, in accord with the requirements of Article XX, Sections 55-561 and
55-884, of the Omaha Municipal Code, Lanoha-Center has presented a development plan to
the City; and
WHEREAS, City, in the interest of maintaining the public health, safety and welfare,
desires to insure that such project is developed substantially in accordance with the
development plan, therefore, considers this Agreement to be in the best interest of the City;
and
WHEREAS, Lanoha-Center, as the Developer, is willing to commit to the development
of a project substantially in accord with the development plan and desires to have a
reasonable amount of flexibility to carry out the development and consider this Agreement to
be in its best interest; and
WHEREAS, the District shall install or contract for the installation of the public
improvements to and within the Mixed-Use Area; and
WHEREAS, the City, District, and Lanoha-Center desire to set forth in this Agreement
their respective understandings and agreements with regard to the Mixed-Use Area; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
I. DEFINITIONS
For the purposes of this Agreement, the following words and phrases shall have the
following meanings:
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A. The "Cost" or "Entire Cost" of a public improvement shall be deemed to include
all right-of-way or easement acquisition, construction costs, engineering costs, attorneys'
fees, testing expenses, publication costs, financing costs and any other miscellaneous costs.
B. "Site Improvement" shall mean any building, parking, landscaping, signage,
fencing or other regulated structures or appurtenances constructed on or as part of the
development of the Mixed-Use Area.
II. DEVELOPMENT PLAN
A. Except as otherwise permitted in this Agreement, the Mixed-Use Area shall be
developed in accordance with the terms of this Agreement, the Development Plan a/k/a the
Site Plan, which is attached hereto as Exhibit "B-1", the Omaha Master Plan, and the City of
Omaha zoning and subdivision regulations.
B. It is intended that this development plan for the area described in Exhibit "B-1" be
a general schematic of the development. All parties recognize that from time to time for
good and sufficient reasons it may be necessary for Lanoha-Center to alter the size, location,
use or type of the respective building(s), lot(s) or other Site Improvements set forth in
Exhibit "B-1" attached hereto. Lanoha-Center reserves the right to modify the development
plan provided such modification conforms to the provisions of the Omaha Municipal Code
and the Omaha Master Plan and obtains approval from the City, when necessary, for such
modifications. This provision shall not abrogate any legal remedies available to City. If any
provision of this Agreement is held invalid, such provision shall be deemed to be excised
therefrom and the invalidity thereof shall not affect any of the other provisions contained
therein.
III. PUBLIC IMPROVEMENTS
The parties agree that the public improvements for the Mixed-Use Area shall be
installed or contracted for by the District pursuant to a Subdivision Agreement entered into
by and between the District, City and Lanoha-Center dated December 27, 1999 (the
"Subdivision Agreement"). The Entire Cost of such public improvement shall be defrayed
pursuant to the terms of the Subdivision Agreement.
IV.PEDESTRIAN PLAN
A. The pedestrian plan for the project shall be installed in accordance with the
"Pedestrian Plan" set forth in Exhibit "B-1" attached hereto and made a part hereof. The
Pedestrian Plan shall at all times meet or exceed the minimum requirements of the provisions
of the Omaha Municipal Code. No sidewalk shall be required along West Center Road.
B. The Developer proposes to provide 59,000 square feet of accessible and
functional plazas, parks and pathways as common open space features. This open space
will be equal to, or exceed, the minimum ten percent (10%) of the total building square
footage as proposed.
C. Lanoha-Center shall install all sidewalks in the public right-of-way, and the paved
plaza areas and trail system walkway connection to Zorinsky Lake as shown on Exhibit
"B-1".
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D. All common area improvements will be installed as part of the development of
the lot on which is located, but in no event less than three (3) years from the date of this
Agreement.
V. PARKING
Parking for the project shall be provided in accordance with the "Parking Plan" set
forth in Exhibit "B-1" attached hereto and made a part hereof. The Parking Plan shall meet
the minimum requirements of the provisions of the Omaha Municipal Code, Chapter 55,
Article XIV, "Off Street Parking and Loading" and the Omaha Master Plan, except that the
parking lot setback along West Center Road and 180`h Street shall be 10'-0".
VI.LANDSCAPING
Landscaping for the project shall be installed at the time each lot is developed in
accordance with the "Landscape Plan" set forth in Exhibit "B-1" attached hereto and made a
part hereof. The Landscape Plan shall at all times meet or exceed the minimum
requirements of the provisions of the Omaha Municipal Code, Chapter 55, Article XIII
"Landscaping and Screening" for the CC-Community Commercial district, except that the
buffer yard along West Center Road and 180`h Street shall be a 10'-0" width.
VII. SIGNAGE
Signage for the Mixed-Use Area shall be installed in accordance with the "Preliminary
Sign Proposal" set forth in Exhibit "C-1" attached hereto and by reference made a part
hereof. Signage shall comply with the requirements of the Omaha Municipal Code,
Chapter 55, Article XVIII, "Signs and Street Graphics" for the CC-Community Commercial
district and the Omaha Master Plan.
A. All tenants on Lots 1 through 18, shall have the right to separate signage which
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will be installed pursuant to the applicable regulations for the CC-Community Commercial
district.
B. The project may have no more than two (2) center identification signs to be
located on Lots 5 and 11, and which are included in the total sign budget. The location of
the center identification signs is shown on Exhibit B-1, Site Plan. No more than fifty percent
(50%) of the actual sign face may be used for tenant advertising. Design details for these
signs are shown on Exhibit "C-2".
C. All other signage will be limited to wall signs, projecting signs, roof signs or
ground monument signs, all as defined in Article 18, Chapter 55, Omaha Municipal Code.
No pole signs shall be allowed other than center identification signs. Directional and
information signs not exceeding four (4) square feet per sign face with no advertising copy
on them, and located within parking lots, parking structures, and outlots are exempt from
the sign budget.
D. A sign budget and permitted sign area for each lot is attached hereto as
Exhibit C-1. The permitted sign area for each lot is based on the frontage of each lot in
relation to the total net street frontage in the development. The total sign budget for the
development is 12,186 square feet. The owner of each lot may allocate its pro rata share of
this sign budget for each lot between and among the various permitted sign types, and
between and among the separate structures located or to be located on each lot.
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E. Allocated sign budget amounts may be transferred between lots on a square foot
to square foot basis when a signed agreement between the owners of both lots is filed with
the Planning Department-Permits and Inspections Section at the time of sign permit
application, specifying the increase or decrease in budget for each lot.
F. All signs will be installed subject to a sign permit from the City. Unless provided
for in this Agreement, all other provisions and regulations governing signs in effect at the
time of application for a sign permit shall apply.
VIII. SITE DEVELOPMENT REGULATIONS
Site development regulations mean those gross building areas, floor area ratios, building
coverage percentages and impervious coverage percentages applicable to particular lots in
the Mixed-Use Area, all defined in this Agreement. Definitions of these terms are as follows:
A. "Building coverage" means the area of the site covered by buildings or roofed
areas excluding allowed projecting eaves, balconies and similar features.
B. "Gross floor area" means the total enclosed area of all floors of a building,
measured to the outside surfaces of the exterior walls. This definition includes the areas of
basements, elevator shafts, airspaces above atriums and enclosed off-street parking and
loading areas serving a principal use and areas covered by permanent canopies.
C. "Floor area ratio" means the quotient of gross floor area divided by gross site
area.
D. "Impervious coverage" means the total horizontal area of all buildings, roofed or
covered spaces, paved surface areas, walkways and driveways, and any other site
improvements that decrease the ability of the surface of the site to absorb water, expressed
as a percentage of the site area. The surface water area of pools is excluded from this
definition.
E. Except as otherwise permitted in this Agreement or the zoning ordinances of City,
the project shall be developed in accordance with the site plan (as shown herein or as
modified pursuant to this Agreement) as detailed in this Agreement, with the uses limited to
those set forth in Section 55-563, Omaha Municipal Code.
F. The site development shall be subject to the following regulations:
Regulator Requirement
Lot Area: 5,000 square ft. minimum
Lot Width: 50 ft. minimum
Floor Area Ratio: Maximum of 1.0. The minimum FAR for each lot is listed
on Exhibit B-1. The Mixed-Use Area in its entirety cannot
be less than a minimum FAR of .23.
Front Yard: The greater of 15 feet from the front property line or 50
feet from the centerline of a fronting public street.
Street Side Yard: The greater of 10 feet from the side property line or 50
feet from the centerline of the duly dedicated public
fronting street.
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Interior Side Yard: No requirement.
Rear Yard: 15 feet minimum
Height: 75 feet maximum.
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Building Coverage: 70% maximum
Impervious Coverage: No specific requirement per lot, however, the Mixed-Use
Area in its entirety cannot exceed an Impervious Coverage
of 90%.
G. The site plan — Floor Area Ratio (FAR) Summary (Exhibit D-1) identifies maximum
and minimum Floor Area Ratio (FAR) for each lot. Developer may decrease the minimum GBA
and FAR for any individual lot as long as such decrease is accompanied by a corresponding
increase in GBA and FAR for another lot or lots so as not to reduce the minimum GBA and FAR
for the entire project. Allocated FAR and GBA amounts may be transferred between lots when
a signed agreement between the owners of both lots is filed with the Planning Department —
Permits and Inspection Section at the time of building permit application, specifying the increase
or decrease in FAR budget for each lot.
H. So long as the site development regulations are not violated, Developer may
reduce or increase the number of buildings or lots as shown on the Plan by revising lot lines,
combining, or dividing lots. The City shall, by administrative subdivision, grant any such
revisions, combinations or divisions as necessary to carry out the Plan. An application for an
administrative subdivision to make such changes must include as an attachment a revision to
the Floor Area Ratio (FAR) Summary (Exhibit D-1).
Except as otherwise allowed by this Agreement, Lots 1 through 18, shall be
developed in accordance with the applicable permitted uses allowed in the CC-Community
Commercial district.
IX. RESTRICTIONS
Lanoha-Center agrees to the following additional restrictions to the Mixed-Use Area:
In the event there is a conflict between the dimensions or design standards shown on
the site plan (Exhibit "B-1") and the regulatory terms of this Agreement relating to site
development, parking, landscaping or signage regulations, the more restrictive standard shall
apply.
X. MISCELLANEOUS PROVISIONS •
A. The Planning Director of the City of Omaha shall have the authority to administer
this Agreement on behalf of City and to exercise discretion with respect to those matters
contained herein so long as the development proceeds in general accord with the development
plan and with regard to those matters not fully determined at the date of this Agreement.
Where this Agreement requires an approval, authorization or action by the City, the Planning
Director of the City of Omaha is hereby
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authorized, on behalf of the City, to provide such approval or authorization or take such action as is
necessary to the full extent provided by law, so long as such action complies with the terms of this
Agreement, the Omaha Municipal Code and the Omaha Master Plan. The Planning Director shall have
no authority to otherwise amend this Agreement unless requested by Lanoha-Center as to the matters
that relate to Exhibit "B-1" attached hereto. The provisions of this Agreement shall run with the land
and shall inure to the benefit of and be binding upon the City, Lanoha-Center and all successor
owners of the real estate described in Exhibit "A-1."
B. Lanoha-Center shall not, in the performance of this Agreement, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age,
political or religious opinions or affiliations, national origin or disability.
C. Parties to this Agreement shall conform with all existing and applicable ordinances,
resolutions, state or federal laws and all existing and applicable rules and regulations. Nebraska law
will govern the terms and the performance of this Agreement.
D. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer
or employee of City shall have a financial interest, direct or indirect, in any City agreement. A
violation of that Section with the knowledge of Lanoha-Center, in addition to constituting employee
malfeasance, shall render the agreement voidable by City and unilaterally terminated.
E. No changes may be made to this Agreement, or any attachments thereto except in
writing and agreed to by Lanoha-Center as to the matters which relate to Exhibit "B-1" attached
hereto.
F. City and Lanoha-Center agree to do all things necessary or appropriate to carry out the
terms of this Agreement and to aid and assist each other in carrying out its terms including, but not
limited to enactment, by City of such resolutions or ordinances in taking of such action as may be
necessary to enable City and Lanoha-Center to comply with the terms thereof.
G. City agrees that no revised site plan, plat, revised development plan or related
documents shall be arbitrarily or unreasonably rejected or disapproved by City staff. City agrees to
issue each building permit as expeditiously as possible and to grant individual occupancy permits on
the project on a building by building or unit basis, but no such permit shall be issued unless work on
portions of such buildings has advanced to a point that the individuals using the portions of the
buildings for which their certificate of occupancy is to be issued will not be endangered by
construction in progress and the building is safe for those to be occupied.
1N WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the
parties as of the dates indicated below.
+� 1
Exe uted by LANOHA-CENTER DEVELOPMENT, INC., a Nebraska corporation, on this �V
day of I , 2001.
LANOHA-CENTER DEVELOPMENT, INC., a
Nebraska corporation,
Attest:
By k - By
-Secretary President
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Executed by SANIT Y AND IMPROVEMENT DISTRICT NO. 450 OF DOUGLAS COUNTY,
NEBRASKA on the 1 day of �( , 2001.
SANITARY AND IMPROVEMENT DISTRICT
Attest: NO. 450 OF DOUGLAS COUNTY, NEBRASKA
B fit-¢ L Y Xtv
Clerk Chairman
Exe uted by the CITY OF OMAHA, NEBRASKA, on this 7,04 day of
,2001.
CITY OF OMAHA, NEBRASKA
Attest: -
BYE.. By
'Yr �"
�,, • City Clerk Mayor
Approve as to o m:
STATE OF NEBRASKA )
ss.:COUNTY OF DOUGLAS ) Assistant City Attorney The foregoing instrument was acknowledged before me this 1 day of
, 2001, by David F. Lanoha, President and Secretary of LANOHA-CENTER
DE pp
ELOPE ENT, INC., a Nebraska corporation, on behalf of said corporation.
A GENERAL NOTARY-State of Nebraska
f rL
III JULIANN'M.WARREN � Q � ,
My Comm.Exp.Aug.29,2004 (. ( � L a h'n J . l��vlhl
Notary Public
STATE OF NEBRASKA )
ss.:
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged before me this day of
, 2001, by David F. Lanoha, Chairman, and Patricia Sorensen, Clerk, of
SANITARND IMPROVEMENT DISTRICT NO. 450 OF DOUGLAS COUNTY, NEBRASKA.
GENERAL NOTARY-State of Nebraska i-
JULIANN M.WARREN c�ji �� ( �_ � � fi
�1!;'6.— My Comm.Exp.Aug.29,2004
Notary Public
STATE OF NEBRASKA )
ss.:
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged before me this /c - day of
, 2001, by` 12A-4-e_4 .e_,-r- , Mayor, and "&c.4-uti/4
City erk, of 4-e CITY OF OMAHA.
GENERAL NOTARY-StateCYNTHIA I.FORD of Nebraska Cy —,c.c.�`� :+1 1—z�—
Ill
My Comm.W.Aug.16,2003 Notary Public
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'_ NOTICE TO PUBLIC- . -_ THE DAILY RECORD
The following Ordinance has been set for OF OMAIHA
City Council hearing on July 10, 2001, at
2:00 o'clock. p.m., in the Legislative RONALD A. HENNINGSEN, Publisher
Chambers, Street,Omaha/Douglas Civich Centel) PROOF OF PUBLICATION
1819 farnam Street, at which hearing all
persons interested, nay be heard..
AN ORDINANCE' to apProte,- the ' UNITED STATES OF AMERICA,
amended Mixed Use District Development
Agreement for propertyIocated Southwest The State of Nebraska.
of 180th Street and West'Center Road District of Nebraska, 99.
(Ridgeview)between the City-of Omaha, SID County of Douglas.
No. 450 and Lanoha-Center 'Development, City of Omaha,
Inc. providing site development and use
standards; and to provide 'for an effective
date. JOHN P. EGLSAER
BUSTER BROWN,
6-22-01 City Clerk being duly sworn,deposes and says that he is
ADVERTISING MANAGER
of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
•
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
June 22, 2001
That sad Newspaper during that time was regularly published and
in ,,ggeneral,�ci*dilation in the County of Douglas, and State of
lIACt `ska,,;„ . e/,
gar9lrer's Fee . ef! ':...
• 6-?4°1 -- ,
r Ad tiona1�2' eY ..�„• i •• p ribed In raw . .. .:and sworn
• ter; COAT'itssl i
EXPIRES "- 1 .:30. be me this day of
Tote)•• S... ��... '
.r• June 01
d>.."'�V 20n 4
. .. . . ...... .......
to of Nebraska
,•
•
•
f- - "NOTICE TO PUBLIC" ' THE DAILY RECORD
ORDINANCE NO.35636
AN ORDINANCE to approve the OF OM S 1�1��11 uA
amended Mixed Use District Development I
Agreement for property located Southwest RONALD A. HENNINGSEN, Publisher
i of Street and West Center Road PROOF OF PUBLICATION
IRidgeviegeviewl between the Cityyof Omaha, SID
No. 450 and Lanoha-Center Development,
Inc. providing site develdOment and use
standards; and to piovide:5for an effective UNITED STATES OF AMERICA,
date. The State of Nebraska,
SUMMARY: District of Nebraska, 9s.
AN ORDINANCE to 'approve the County of Douglas
amended Mixed Use District Development City of Omaha,
Agreement for property located Southwest
of 180th Street and West Center Road
(Ridgeviewl between the City of Omaha, SID JOHN P. EGLSAER '
No. 450 and Lanoha-Center Development,
Inc. providing site development and use being duly sworn,deposes and says that he is
standards; and to provide for an effective
I date. I
PASSED: July 10,2001, 7-0 ADVERTISING MANAGER
APPROVED BY:
MIKE FAHEY 7/12/01
MAYOR OF THE of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
CITY OF OMAHA published daily in the English language, having a bona fide paid
BUSTER BROWN, circulation in Douglas Countyin excess of 300 copies, printed in
City Clerk g p
7-17-01 Omaha,in said County of Douglas,for more than flftytwo weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
July 17, 2001
•
Th Irian r during that time was regularly published and
lbr'sbb• A n in the County of Douglas, and State of
. Pt; •sherMpARs$.2 30. ..
n Ad r ION * 4,--,-/A___.,t ....
�:� in my press ire sworn to
,�����' 3 before njetitpL4 1 ..day of
OF NE-BR
Notary in "r las ty,
of Nebraska