ORD 34392 - MUD agmt northwest of 168th St and W Maple Rd •
a `�� pp Planning Department
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,O�in li 1819 Farnam Street,Suite 1100
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City of Omaha ..Q1 i�'V]r` iii- •`;''%ti
Hal Daub,Mayor `i
November 25, 1997
Honorable President
and Members of the City Council,
,
The attached Ordinance approves a Mixed Use Development Agreement for property located
Northwest of 168th Street and West Maple Road (Thomsen Mile).
The agreement provides site development and use standards and assures that the subject site is
developed in accordance with the approved agreement.
Respectfully submitted, Referred to City Council for Consideration:
' 7//L"' 9`C17 it J0
Robert C. Peters Date Mayor's Office/Title64 ate
Planning Director�- 7
P:\PLN2\5519.SAP ��
ORDINANCE NO. _ ��� 7 a-K
AN ORDINANCE to approve a Mixed Use Development Agreement for property located Northwest
of 168th Street and West Maple Road(Thomsen Mile)between the City of Omaha and The
Thomsen Mile,L.L.C., and Sanitary and Improvement District No. 423 of Douglas County,
Nebraska,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 Northwest of 168th Street and West Maple Road
(Thomsen Mile), is developed in accordance with the provisions of this Mixed Development
Agreement attached hereto and made a part hereof by reference.
Section 2. That if this Ordinance, Mixed Use 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 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.
INTR DUC BY COUNCILMEMBER
AP':'OV n BY:
. it. ;:A _ frit.?
•YOR OF T I CITY OF •MAHA DATE `
PASSED DEC 1 6 1997 2 Q *,(1214naro yfu a/ed / ex. 7 /eQdt"
%U10/ r "drfT rT/
ATTEST: "1924- ,k-/%0L9
/ /ayr
CI Y LERK OF THE CITY OF OMAHA DATE /dQ G �G%-;ye
AP OVE AS TQ/ RM:
SSISTE T CI A EY DATE
P:\PLN2\5520.SAP
MIXED-USE DISTRICT DEVELOPMENT
AGREEMENT FOR THE THOMSEN MILE
This Mixed Use District Development Agreement ("Agreement") pursuant to § 55-561, et
.seq., of the Municipal Code of the City of Omaha, made and entered into this 9,114 of
, 1997, by and between the City of Omaha ("City"), and The Thomsen Mile,
L.L.C., a Nebraska limited liability company and its successors and assigns ("Developer"), and
Sanitary and Improvement District No. 423 of Douglas County, Nebraska. ("District").
WITNESSETH:
WHEREAS,the Developer is the owner of the real estate legally described as: 64.348 Acres
located in that part of the South Half of Section 28, Township 15 North, Range 11 East of the 6th
P.M., Douglas County Nebraska to be known as Lots One (1) through Twenty (20), Thomsen Mile,
a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska, and desires to
establish and develop such property according to the provisions of the Mixed Use District Provisions
of§ 55-561 et seq. of the Omaha Municipal Code for the development of a project, including multi-
family residential, office, commercial, and civic to be known as The Thomsen Mile ("Project") and;
•
WHEREAS, in accordance with the requirements of the Omaha Municipal Code, the
Developer has presented a Development Plan (the "Plan") to the City (attached as Exhibit "A"); and
WHEREAS, the 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 Plan and
therefore considers this Agreement to be in the best interests of the City; and
WHEREAS, the Developer is willing to commit itself to the development of a project
substantially is accordance with the Plan, desires to have a reasonable amount of flexibility to carry
out the development of the Project 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 the Project and the Mixed Use District;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
ARTICLE I
DEFINITIONS
Building Coverage means that percentage of a platted lot dedicated to the horizontal area of �I
an enclosed structure or structures with a roof supported by columns or walls for the shelter, support
or enclosure of persons or property.
C:Vis\rnaple\mixuse.4(August 5,1997) — 1 -
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Gross Building Area means the aggregate interior square footage on all levels of a particular
structure or the total for all structures located on any lot, except parking structures and those portions
of any building used or vehicle parking, measured from the interior surface of the exterior walls of
such structure(s) (in the case of windows, doors or other openings in such exterior walls, the
measurement being made from the innermost surface of the exterior walls in such windows, doors
or other openings.)
Floor Area Ratio means the ratio of Gross Building Area for any lot to the square footage
of such lot.
Impervious Coverage means that percentage of a platted lot which is dedicated to the
horizontal area of all buildings, roofed or covered surfaces,paved surface areas, walkways, driveways
or ramps.
Site Development Regulations means those Gross Building Areas, Floor Areas Ratios,
Building Coverage percentages, Set-Backs, Maximum Building Heights, Site Areas and Impervious
Coverage percentages applicable to particular lots in the Project.
ARTICLE II
DEVELOPMENT PLAN
Section 2.1. Except as otherwise permitted in this Agreement, the Project shall be developed
in accordance with the terms of the City Master Plan, the City Zoning Regulations, the Site
Development Regulations, this Agreement, the terms and conditions of this Article II and the Plan
which is attached hereto as Exhibit "A".
Section 2.2. The public right-of-way as shown on the Plan shall be dedicated to the City at
the time of final platting. Such dedicated right-of-way may be at the location as shown on the Plan
or may be modified or changed to be located differently than that shown on the Plan so long as the
access points with the existing adjoining public right-of-ways are located at approximately the same
location as shown on the Plan, and so long as such relocated or modified right-of-way conforms to
all applicable City requirements relative to public right-of-ways. Upon dedication of the right-of-way,
the public improvements for the area set forth on the Plan shall be installed pursuant to the
Subdivision Agreement referred to in Section 2.5 of this Agreement and the Subdivision Regulations
of the City.
Section 2.3 It is intended that the Plan be a general schematic of the Project. All parties
recognize that from time to time for good and sufficient reasons it may be necessary for the
Developer to alter the size, location, use or type of the respective lots or other Site Improvements
shown on the Plan. The Developer reserves the right to modify the Plan, as provided herein, provided
that such modifications do not violate any provisions of the City Zoning Ordinance and the Site
Development Regulations and the City agrees that any and all of such modifications shall not
constitute a violation of Section 2.1 of this Agreement. So long as the Site Development Regulators
CAlrs4naple\mixuse.4(August 5,1997) — 2 - )N1N
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are not violated, Developer or City may administratively amend this Agreement as requested by the
Developer and/or its successors and assigns.
(a) So long as the Site Development Regulators are not violated, Developer may
build within the building envelopes ("Envelopes") shown on the Plan or as such Envelopes may be
adjusted from time to time.
(b) So long as the Site Development Regulators are not violated, Developer may
reduce or increase the number of buildings or lots as shown on the Plan by revising, combining or
splitting Iots. The City shall, by administrative subdivision, grant any such lot splits, revisions or
combinations as are necessary to carry out the Plan. If because of the requirements of law it is
necessary to replat all or any portion of the project, the City agrees to accommodate such replatting
as expeditiously as possible.
(c) So long as the Site Development Regulators are not violated, and with the
approval of the designated administrative official of the City (not to be unreasonably withheld), the
Developer may alter the location and design of any off-street parking areas, proposed structures, or
building envelopes shown on any lot or area within the Plan so long as such alteration does not
exceed the Site Development Regulators.
(d) The Plan identifies maximum and minimum Gross Building Area"(GBA") and
Floor Area Ratio ("FAR") for each lot. Developer may increase the maximum GBA and
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 maximum GBA and FAR for the entire Project;
Developer may decrease the minimum GBA and FAR for any 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;
Section 2.4. None of the foregoing provisions shall be construed to imply any waiver of any
provision of the Zoning or Platting Requirements or any other section of the Omaha Municipal Code.
Section 2.5. The parties agree that the public improvements indicated on the Plat shall be
installed or contracted for by the District pursuant to a Subdivision Agreement entered into by and
between the City, Developer and the District.
ARTICLE III
USE REGULATIONS
All lots within the Project shall be used only for those purposes as defined in the Mixed-Use
Development Regulations provided that the number of acres of the Project used for purposes
C:Urs\nuple\mi!cuse.4(August 5,1997) — 3 -
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described in §55-361 et seq. Omaha Municipal Code, CC-Community Commercial, may not exceed
60 acres less the number of acres of Community Commercial and office actually used or zoned to be
used on the adjacent property; i.e., the South side of West Maple Road and the East side of 168th
Street. Initially, the Project shall be allowed 30 acres of Community Commercial which may be
utilized anywhere on Lots One(1)through Nine(9), Thomsen Mile. Lots Ten (10)through Twenty
(20), Thomsen Mile, and any lots that are not used for Community Commercial are designated to
allow R7 Medium-Density Multiple-Family Residential District, as defined in §55-241 et. seq. Omaha
Municipal Code.
ARTICLE IV
SITE DEVELOPMENT REGULATIONS
Except as otherwise permitted in this Agreement, Lots One (1) through Nine (9), Thomsen
Mile, in the Project shall be developed in accordance with the applicable site development regulations
of the CC-Community Commercial District, §55-361 et seq. Omaha Municipal Code. Lots Ten (10)
through Twenty (20), Thomsen Mile, in this Project shall be developed in accordance with the
applicable site development regulations of the R7 Medium-Density Multiple-Family Residential
District, §55-241 et seq. Omaha Municipal Code.
ARTICLE V
LANDSCAPING
Landscaping for the Project, including outlots and pedestrian circulation systems, shall be in
general accordance with the Landscape Concept Plan (attached as Exhibit "B") and the Minimum
Landscaping Standards of the Omaha Municipal Code for the CC-Community Commercial District
and R7 Medium-Density Multiple-Family Residential District, §55-241 et seq. Omaha Municipal
Code.
ARTICLE VI
SIGNAGE
Section 6.1 Signage for the Project shall be in accordance with the Sign Restrictions of the
Omaha Municipal Code and as shown on the Sign Plan (attached as Exhibit"C"). Lots One (1)
through Nine(9), Thomsen Mile shall have the right to a separate sign in conformance with Omaha
Municipal Code provisions for the Community Commercial District. Lots Ten (10)through Twenty
(20), Thomsen Mile, shall have the right to a separate sign in conformance with Omaha Municipal
Code Provisions for the R7 Medium-Density Multiple-Family Residential District. The project may
have no more than two Business Center Identification signs, which signs shall be limited to a total of
600 square feet. One Business Center Identification sign shall be located at the 168th Street main
entrance, and placed a minimum of twelve (12) feet from the property line of the Northeast corner
of Lot 2, or as provided in the Omaha Municipal Code or the proper zoning authority. The other
Business Center Identification sign shall be located at the entrance to 171 st and West Maple Road,
C:Ucs\maple\mixuse.4(August 5,1997) — 4 -
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and placed a minimum of twelve(12)feet from the Southwest property line of Lot 9, or as provided
in the Omaha Municipal Code or the proper zoning authority. All other signage shall be limited to
wall signs, projecting signs, roof signs or ground monument signs, or those other signs as defined in
Chapter 55, Omaha Municipal Code.
Section 6.2 Sign types in the Project are restricted to flags,business center identification, pole,
directional, electronic information, ground, monument, owner identification, and wall type signs.
Section 6.3 A sign budget for individual lots within the Project is attached hereto as Exhibit
"C". The permitted sign area for each lot is based upon size of each lot in relation to the total net
lot area in the Project. The total sign budget is 4,463 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 separate structures located or to be located on each lot. Directional and
information signs within parking lots, parking structures, and outlots that do not exceed four square
feet per sign face in size, and business center identification signs are exempt from the sign budget.
Section 6.4 Transfer of any permitted maximum Gross Building Area between lots, made
in accordance with Article II of this Agreement, may also permit transfer of a corresponding portion
of the sign budget for each lot. In addition, the sign budget for any lot may be transferred to any
other lot, on a square foot to square foot basis,by written notice from each lot owner identifying and
describing (a) the lots involved, (b) the increase in square footage for each lot, and (c) the
corresponding decrease in square footage for each lot.
Section 6.5 All signs will be installed subject to a sign permit from the jurisdiction exercising
zoning authority.
ARTICLE VII
MISCELLANEOUS PROVISIONS
Section 7.1 The City and Developer 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.
Section 7.2 The City agrees that no revised site plan or plat, revised development plan or
related documents shall be arbitrarily or unreasonably rejected or disapproved by the staff of the City
and will be acted upon as expeditiously as possible.
Section 7.3 The City agrees to issue each building permit as expeditiously as possible and to
grant individual occupancy permits on Tenant spaces as construction is completed, in accordance with
local codes. No such permit shall be issued, however, unless work on portions of such buildings has
advanced to a point that the individuals using the portions of the building 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.
C:Urs\rnaple\mixuse.4(Augusc 5, 1997) — 5 -
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Section 7.4 The designated administrative official of the City shall have the authority to
administrate this Agreement on behalf of the City and to exercise discretion with respect to those
matters contained herein so long as the Project proceeds in general accord with the Plan and with
regard to those matters not fully determined at the date of this Agreement. So long as the Site
Development Regulators are not violated, Developer or City may administratively amend this
Agreement as requested by the Developer and/or its successors and assigns. However, such official
shall have no authority to otherwise amend this Agreement unless requested by the Developer and/or
its successors and assigns.
Section 7.5 Except as outlined above in Article II, all substantial amendments to this
Agreement shall require the approval of the City and the Developer or its successors and assigns.
This provision shall not abrogate any legal remedies available to the 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 herein.
Section 7.6 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 the present and all successive owners of the real estate
described on the Plat.
IN WITNESS WHEREOF, we, the executing parties, by our respective duly authorized
agents, hereby enter into this Agreement, effective on the day and year first above written.
City:
ATTE CITY O' OMAHA, a Municipal CorporationP AO /
ity Clerk ByAt�� •
Its: Ft, err'
Date / Ralf
Approved a to rnd content:
/�
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A sistant 1 rney
CUrs\rna tenuxuse. (Au 5,1997) — 6 -
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Developer:
THE THOMSEN MILE, L.L.C.,
a Nebraska limited liability company
By
Its:
Date: iR, 7947
District:
•
ATTEST: SANITARY AND IMPROVEMENT DISTRICT NO. 423 Of
Douglas County, Nebraska
e.
Cle k C4.Mana
Date: !g ( ( F4?
State of Nebraska )
) ss.
County of Douglas )
The foregoing instrument was acknowledged before me this 2?/1 day of
-Oecec•,.,.bo r- , 1997 by , 2),9Gig , of the City of Omaha, and
attested to by &LS7Z 2 , .,_./ , City Clerk of the City of Omaha,
on behalf of said City.
of Nebraska: CAg/4 % �
GENERAL NOTARY,Stale Notary Public
SANDRA L.MOSES i
,.:;; :** My Comm.Exp.July 29,2000
State of Nebraska )
) ss.
County of Douglas )
,The foregoing instrument vos a knowledged before me this 10 day of
IQ I/ 1997 by V��IJ in . SI UJ 1� , to me known to be the
of The Thomse'aiMile, L.L.0)a Nebraska limited liability company on
behalf f said limited liability company. ,
Not a ' ublic
III GENERAL NOTARY-State of Nebraska
BEVERLY J. KIPLINGER
My Comm.Exp.April 17,2000
C:Urs\maple\mixuse.4(August 5, — 7 - •
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State of Nebraska )
) ss.
County of Douglas )
The foreaoina instrument was acknowledged before me this I day of POV ,
1997 by Of US to me known to be the Chairman of Sanitary and Improvement
District No. 3.
GENERAL NOTARY-State of Nebraska
r.1
Nota Pu 1� 0
BEVERLY J.KIPLINGER ry
""' My Comm.Exp.April 11,2000
1
C:Urs`maple\mixuse.4(August 5,1997) — 8 -
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Exhibit "A"
Development Plan
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Exhibit "C"
Sign Plan and Sign Budget
The Thomsen Mile Sign Plan
n
Primary Secondary Total
Lot # Frontage Frontage Adjustment Frontage Multiplier Total Allocation
1 272.00 0.00 0.00 272.00 1.5 408.00 152
2 193.00 0.00 0.00 193.00 1.5 290.00 103
3 275.00 225.00 113.00 388.00 1.5 582.00 231
4 211.00 0.00 0.00 211.00 1.5 316.00 203
5 212.00 0.00 0.00 212.00 1.5 318.00 204
6 50.00 0.00 0.00 50.00 1.5 75.00 974
7 215.00 213.00 107.00 322.00 1.5 483.00 827
8 618.00 554.00 277.00 894.00 1.5 1,341.00 919
9 327.00 213.00 107.00 433.00 1.5 650.00 250
Center [den 600
Total 2373 2975 4463 4463 •
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