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ORD 35440 - MUD development agmt southwest of 144th St and W Maple Rd �ow.", o NFe Planning Department ` 41,s� Omaha/Douglas Civic Center v 1819 Farnam Street,Suite 1100 �r-''s�s��►►,,r4= Omaha,Nebraska 68183-0110 z ����i(�'� `y'""' (402)444-5200 o p-_ ro (402)444-5150 op 4� Telefax(402)444-6140 4TED FEBit Robert C.Peters City of Omaha Acting Director Hal Daub,Mayor December 19, 2000 Honorable President and Members of the City Council, The attached Ordinance approves a Mixed Use District Development Agreement for property located Southwest of 144t Street and West Maple Road (Grayhawk). The agreement provides site development and use standards and assures that the subject site is developed in accordance with the approved agreement. Respectfully submitted, d to •t C unci for nsideration• IZ`izc� Z41 Steven N. Jensen, P Dafte a or's ffice/Title Date Y S Acting Planning Director, P:\PLN1\5423pjm.doc �� j ORDINANCE NO. yyo AN ORDINANCE to approve the Mixed Use District Development Agreement for property located Southwest of 144th Street and West Maple Road (Grayhawk) between the City of Omaha and 144-Maple LLC, 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 144th Street and West Maple Road (Grayhawk) is developed in accordance with the provisions of this Mixed Use Development Agreement attached hereto and made a part hereof by reference. Section 2. That if this Ordinance, 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 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 Wf�,,) .,e— AP' Eti E► :Y azt 01 •YOR OF THE CITY OF OMAHA DATE PASSED JAN 2 3 Z001 7-a ;` ATTEST: . ` ` - CI ER_I OF THE TY OF-OMAHA A E APPROVED AS TO FORM: , /2 J/3 CITY ATTORNEY DATE P:\PLN1\5424pjm.doc 1 r• • DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement") made pursuant to Section 55-561 of the Zoning Ordinances of the City of Omaha, made and entered into this / day of I e � , 20 0/, by and between THE CITY OF OMAHA, NEBRASKA, a MunYcipal corporation, (hereinafter "City") and 144 ,- MAPLE, L.L.C., a Nebraska limited liability company (hereinafter "Developer"). WITNESSED: WHEREAS, Developer is the legal owner of the real estate described on the attached Exhibit A, which is incorporated herein by this reference and desires to establish and develop Lots 1-4, inclusive, Grayhawk, according to the provisions of Section 55-561 of the City Zoning Ordinances for the development of an office/commercial project. WHEREAS, in accordance with the requirements of the City Code, Developer has presented a Development-Plan to the City; and WHEREAS, City, in the interest of maintaining the public health, safety and welfare, desires to assure that such project is developed substantially in accordance with the Development Plan and therefore considers this Agreement to be in the best interests of the City; and WHEREAS, Developer is willing to commit-itself to the development of a project substantially in accordance with the Development Plan and-desires to have a reasonable amount of flexibility .to carry out the development and therefore considers this Agreement to be in its best interests; and WHEREAS, the City and Developer desire to set forth in this Agreement their respective understandings and agreements with regard to Grayhawk. NOW, THEREFORE, in consideration of the mutual covenants and agreements here in contained, the parties agree as follows: I. Definitions For the purposes of this Agreement, the definitions in the Omaha Municipal Code, Chapter 55, Article II, shall apply. In addition, the following words and phrases shall have the following meanings: A. The "cost" or "entire cost" of a site improvement shall be deemed to include all construction 'costs,.engineering fees, attorneys' fees, testing expenses, publication costs, financing costs and miscellaneous costs. B. "Site Improvement" snah i iean any building, parking, landscaping, signage, fencing or other regulated structures. II. Development Plan A. Except as otherwise permitted in this Agreement, the project shall be developed in accordance with the City of Omaha Master Plan, and the City of Omaha Zoning and Subdivision regulations, the terms and conditions of this Agreement, and the Development Plan (Plan) a/k/a site plan, which is attached hereto as Exhibit B and by this reference incorporated herein. B. It is intended that this Development Plan 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 Developer to alter the size, location, use of type of the buildings or other site improvements. Developer._reserves the right to modify the Development Plan provided that such modifications conform to the provisions of Chapter 55, Omaha Municipal Code and this agreement. III. Improvements A. The parties agree that all public improvements shall be set forth in The Subdivision Agreement between the parties and SID #457 of Douglas County. B. On site improvements, including sidewalks, open space features, landscaping and drainage way stabilization shall be installed as part of the development of Lot 3. IV. Easements A. Developer agrees to grant to City the easements, as shown on the Grayhawk plat, Exhibit A. V. Permitted Uses A. Except as otherwise allowed by this agreement, Lots 1-4 shall be developed in accordance with the applicable permitted uses allowed in the CC district. VI. Site Development Regulations A. As long as the Site-development regulations are not violated, Developer may alter the location, physical shape or exterior dimensions of any structure shown on the site plan, within the boundaries of any platted lot. B. Except as otherwise permitted in this agreement, Lots 1-4 shall be developed in accordance with the applicable site development regulations of the CC district. C. The site plan-Floor Area Ratio (FAR) Summary (Exhibit C) identifies maximum and minimum Floor Area Ratio (FAR) for each lot. Developer may increase the maximum Gross Building Area (GBA) and the corresponding FAR for any individual lot, as provided in the site development regulations by as much as 25%, as long as such increase is accompanied by a corresponding decrease in GBA and FAR for another lot or lots so as to not exceed the total:GBA and FAR for the entire project. Developer maydecrease the minimum GBA and FAR for any J Pe individual_,_lot by as much as 25%, 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. D. 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 Ration (FAR) Summary (Exhibit C.) E. In the event there is a conflict between the dimensions shown on the site plan and the regulatory terms of this agreement relating to site development, parking, landscaping or signage regulations, the more restrictive standard shall apply. VII. Parking Parking for the project shall be in accordance to the Parking Plan, Exhibit B, attached hereto and made a part hereof. The parking shall meet or exceed the minimum requirements of the provisions of the Omaha City Code, Chapter 55, Article 14, Off Street Parking and Loading. VIII. Landscaping A. Landscaping for the project shall be according to the Landscape Plan, Exhibit D, attached hereto and made a part hereof. The landscaping shall meet or exceed the minimum requirements of the provisions of the Omaha City Code, Chapter 55, Article 13, Landscaping and Screening, for the CC district. B. The landscape plan provides pedestrian accessible and functional plazas, parks, pathways, lakes or similar types of common open space features. The minimum paved or un-paved open space shall be equal to ten percent (10%). of the minimum total office/commercial square footage proposed, in addition to any other required screening and perimeter landscaping. IX. Signage A. Signage for the project shall be in accordance with the Sign Plan, Exhibit B, attached hereto and made;a part hereof. The signage shall meet the minimum requirements of .the Omaha Municipal Code, Chapter 55, Article 18, Signs and Street Graphics. All signs on Lots 1-4 shall have the right to separate signage which will be installed pursuant to the applicable regulations for the CC district. B. The project may have no more than 2 center identification signs, which are included in the total sign budget. The location of the center identification sign(s) is shown on Exhibit B Site Plan. Detailed site and design plans for the center identification signs showing setback, height, area and advertising features is attached as Exhibit B i. C. All other signage will be limited to wall signs, projecting signs, or ground monument signs, all as defined in Article 18, Chapter 55, OMC. No pole signs shall be allowed. 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 is attached hereto as Exhibit E. The permitted sign areas 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 4,570 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 peTr"nitted sign types, and between and among the separate structures located or to be located on each lot. 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 Inspection 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 of Omaha. 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. X. Miscellaneous Provisions A. The Mayor-of the City of Omaha shall have the authority to administer this. Agreement on behalf of the 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. The provisions of this Agreement.shall run with the land in favor of and for the benefit of the City and shall be binding upon present and all successor owners of the real estate described in the attached Exhibit A, Lots 1-4, inclusive. B. Nondiscrimination. Developer shall not, in the performance of this contract, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. C. Applicable Law. Parties to this contract shall conform with all existing and applicable City ordinances, resolutions, state and federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this contract. D. Interest to the City. Pursuant to Section 8.06 of the Home Rule Charter, no elected official or any officer or employee of the City of Omaha shall have a financial interest, direct or indirect, in any City of Omaha contract. Any violation of this section with the knowledge of the person or corporation contracting with the City of Omaha shall render the contract voidable by the Mayor or Council. • IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. DEVELOPER CITY 0 OMAH• NEBRASKA 144 - MAPLE, L.L.C. 41.By: Bye _ : 7 / Mem r Mayor Attest: By: emb City Clerk rt Date: //. .4,Eiiieie. Approved as to form: _._. By: � <7Y Assistant City Attorney STATE OF NEBRASKA ) ) ss.: COUNTY OF DOUGLAS ) The foregoing instrument was acknowlegged before me this ! day of i 20 06 by �� o k r> Z s of 144 - MAPLE, L.L.C., a Nebraska limited liability company, on behalf of the company. 404 NOTARY. �Ro stareef Notary Public Mrs E aka EXHIBITS: A Plat and Legal Description B Development Plan B1 Center Identification Sign Detail Plan C Floor Area Summary D Landscaping Plan E Sign Budget • VI% °qI, $ep M gl@gi el 9 e 1 qe " r el' f pp g§ 8 ct a 7 E lE �glClaq' 2111�@ l q06�rfv 0, il3 A pp41gef I. Q �e z n e A 1 &�a9`pa aeasle ° � la�+ I�e 1Ea��+Eg@ 1 _FeE ! 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ALLOWABLE ALLLO FRONTAGE FRONTAGE GATED SIGN AREA, SIGN AREA, Lot 1 250' 134' 67' 1.5 475 Sq.Ft. 300 Sq. Ft. Lot 2 175' 0' 0' 1.5 262 Sq.Ft. 300 Sq. Ft. Lot 3 1068' 1238' 619' 1.5 2530 Sq. Ft. 3070 Sq. Ft. Lot 4 659' 420' 210' 1.5 1303 Sq. Ft. 300 Sq. Ft. TOTAL SIGNAGE ALLOWED ON PROJECT 4570 Sq. Ft. 2 Center Identification Signs 600 Sq. Ft. TOTAL SIGNAGE ALLOCATED ON THIS PROJECT 4570 Sq.qFt. I) r -0 o '3 "CO a0 D CO a) CO C r A A 11-4 ' Z Z 1 O OII H � 0 Q = °z � CO m z 1-1 z � \ \ \ . m T = •O -D Qu, ^ cn-Q C a CU Wa rn 6 3 1 * q v 2 � L • O" % \ �n Z CD 3� °' rt Z Z r = rt tv Cr Q raj 0 a Z i _ o ^� � � � `° CD < z A m 4a 0- (I) m m N._ .. "� e� 0 CD CD n r r � c N 141 % 4 0 0 N C • 41\ J i Z \ DOCD9Y nD N O CD CL \ el � I' Q 3 70 � rr cn a) O p X 'T. Z O CD � CI O O� CD 3 ^NOTIC THE DAILY RECORD The followiA _;ar;:�;;;;x ;;..n set for OF Ow,r ♦Kr1HA City Counc,' . :_n?';�,,•nua 1�/1 ry "3;2001, at 2:00 o'clock p.m., in the Legislative ' RONALD A. HENNINGSEN,Publisher Chambers, Omaha/Do af wrf Civic.[:enter, PROOF OF PUBLICATION 1819 Farnam Street, at w�ii"cfi"lteaimg all persons interested,may be heard. AN ORDINANCE to approve+,the,Mixed Use District Developn-.ent. 4.,reemt d for : UNITED STATES OF AMERICA, property located Southwd�^-.fi. 44th Street *.•• t, The State of Nebraska, and West Maple Road. ry between- IMeMct of Nebraska, ss. the City of Omaha an. 4$=M'a 1e;' LL providing site develop,•:,rjt%.;:and•..use County yo}f Douglas, standards; and to rovide D ctive date. p BUSTER N' JOHN P. EGLSAER City Clerk 12-22-00 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 December 22, 2000 That - i • :wspaper during that time was regularly published and in :% _gral It ErS ion in the County of Douglas, and State of Nei tt's ar••F••. F�i J_ ••GORRA1�136_ +1 /� b r'sFee sI ti � �wY'ora►8.'ieS In !..±:. .. Su 1 bed in my presen d worn to EXFiRL-u 13 m / beforeemethis 2nd day of '9rottaaJ-- $. ..f..... .. Decemb 2 0 i J'T4.qY6,20'••S,Q'J '‘‘, OF!CO T'= •. >> sA ..,r Notary r ty, tate of Nebraska "NOTICE TO PUBLIC THE DAILY RECORD ORDINANCE NO.approve 35440 OMAHA AN ORDINANCE to approvevethe Mixed OF Use Districtyo t DevelopmentSuthweAgreement for RONALD A. HENNINGSEN,Publisher property located Southwest of 144th Street and West Maple Road (Grayhawk) between PROOF OF PUBLICATION the City of Omaha and 144-Maple LLC, providing site development and use standards;.andtto•provide for an effective UNITED STATES OF AMERICA, date. SUMMARY: The State of Nebraska, AN ORDIM o`��i'p a the Mixed District otNebraska. }88. Use District ev nt, reement for County of Douglas, property locate ,o th_ rlof 144th Street City of Otnaha, and West Maple Road (Grayhawk) between the City of Omaha and 144-Maple LLC, providing site development and use JOHN P. EGLSAER standards; and to.provide for an effective date. being duly sworn.deposes and says that he is PASSED:January 23.2001,.7-0 APPROVED BYTA": •.,,*1;-- HAL DAUB 2/1/01 ADVERTISING MANAGER MAYOR OF THE '`,r: !` CITY OF OMAHA of THE DAILY RECORD,of Omaha,a legal newspaper, BUSTER BROWN, gaprinted and City Clerk published daily in the English language, having a bona fide paid 2-6-01 circulation in Douglas County in excess of S00 copies, printed In Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on February 6, 2001 That said Newspaper during that time was regularly published and in ge,.rx; �I 1 ion in the County of Douglas, and State of .: Ne, _ aH• ESQ, l/^JY rnP s Fie E�A°�a ddit onal CA• my presen sworn to j N: COMMtSo 71 EXPIR >1 v • q# i before me this 6 lr.. day of /` Total• i$.....• `... /. ;.'7 r•• Feb .up- .01. f iI 1>9 ` 1"6.•2.....s Q% O\NEW' Notaryty, fate Neb ka�_