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HomeMy WebLinkAboutResolution - 2007-R0292 - Agreement - Mccanton Woods Ltd - Funding Public Improvements - 06_26_2007 (2)Resolution No. 2007-RO292 June 26, 2007 Item No. 4.38 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and McCanton Woods, Ltd. regarding the funding of public improvements in Phase One, Bond Issue Two, Project Sixty -Eight of the Fourth Amended Project Plan for the North Overton Tax Increment Finance Reinvestment Zone. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of June, 2007. DAVID A. M LER, MAYOR ATTEST: 4Re6cca Garza, City Secret APPRO D AS TO CONTENT: Rob All' , ssistan ity Manager Development Services APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section City Att ; Linda: Res -NO T1F Dev.Agret-McCanton Woods Project 68 June 11, 2007 Resolution No. 2007—RO292 DEVELOPER PARTICIPATION AGREEMENT BETWEEN THE CITY OF LUBBOCK AND McCANTON WOODS, LTD. STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement is between the City of Lubbock, a Texas municipal corporation (hereinafter called "City") and McCanton Woods, Ltd. (hereinafter called "Developer") WHEREAS, the City recognizes the importance of its continued role in local economic development; and WHEREAS, the City, upon receipt of a petition requesting creation of a tax increment financing district from the owners of more than 50 per cent of the appraised value of the area, adopted Ordinance No. 2002-029, March 14, 2002, establishing the North Overton Tax Increment Financing Reinvestment Zone in accordance with the provisions of the Tax Increment Financing Act, V.T.C.A. Tax Code, Chapter 311 (the "Act"); and WHEREAS, in accordance with the Act, the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone has prepared a Project Plan (the "Project Plan") and a Financing Plan (the "Financing Plan"), and the City, in accordance with the Act and after making all findings required by the Act, has adopted an ordinance approving the plans and amendments to these Plans; and WHEREAS, the Act authorizes the expenditure of funds derived within a reinvestment zone, whether from bond proceeds or other funds, for the payment of expenditures made and monetary obligations incurred by a municipality consistent with the project plan of the reinvestment zone, which expenditures and monetary obligations constitute project costs, as defined in the Act ("Project Costs"); and WHEREAS, Developer has acquired certain real property situated within the North Overton Tax Increment Financing Reinvestment Zone (the "TIF District") and intends to develop the property as Main Street Condominiums II (the "Project"), in accordance with the map which is attached and marked "Exhibit A"; and WHEREAS, Developer has certain real property within the Project located between Main Street and the alley between Main Street and 10`h Street and between U and V Avenues, which Developer intends to develop as a multi -family structure substantially in accordance with the design which is attached and marked "Exhibit B"; and Developer Agreement- City / McCanton Woods, Ltd. Project 68 WHEREAS, The City, after due and careful consideration, has concluded that the redevelopment of the Project as a portion of the TIF District as provided herein and in the Project Plan will further the growth of the City, facilitate the redevelopment of the entire TIF District, improve the environment of the City, increase the assessed valuation of the real estate situated within the City, foster increased economic activity within the City, increase employment opportunities within the City, upgrade public infrastructure within the TIF District, and otherwise be in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers, and that entering into this Agreement is necessary and convenient to implement the Plans and achieve their purposes; and WHEREAS, the City is desirous of having Developer undertake the Project in order to serve the needs of the City and in order to produce increased tax revenues for the various taxing units authorized to levy taxes on real property within the TIF District and the City and, in order to stimulate and induce the redevelopment of the TIF District, the City has agreed to participate by dedicating and pledging the use of revenue in the Tax Increment Fund to finance certain Project Costs, all in accordance with the terms and provisions of the Act, with the guidelines set up by the City to be followed in City/Developer participation agreements, and with the terms of this particular Agreement; and WHEREAS, the Developer desires to have the City participate and the City agrees to participate in the construction of Public Improvements such as street reconstruction, street lighting, landscaping, street furniture, sidewalks, and water/waste water replacement and relocation; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein, the Parties agree as follows: ARTICLE I. RECITALS AND EXHIBITS PART OF AGREEMENT 1.1 The representations, covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Article I. Exhibits A, B, C, D, E, F, G and H, attached hereto are incorporated into this Agreement as if fully set forth herein. Developer Agreement — City / McCanton Woods, Ltd. Project 68 ARTICLE II. DEVELOPMENT PLAN — NORTH OVERTON 2.1 Developer has acquired certain real property situated within the North Overton Tax Increment Financing Reinvestment Zone and intends to develop the property known as Main Street Condominiums II (the "Project"), in accordance with the map and design which are attached and marked "Exhibits A and B," and in accordance with the Project and Finance Plans, as amended and adopted by the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone which are also attached and marked "Exhibit C" ARTICLE III. DEFINITIONS 3.1 "Parkway" is herein defined as any part of the public right-of-way lying between the curb or grade line of any public street and the abutting private property line. 3.2 "Hardscape" is herein defined as the hard surface portion of the landscaping in the parkway such as stone, concrete, brick or other approved surface under the Design Guidelines as set forth in Exhibit F. 3.3 "Softscape" is herein defined as plant materials, ground preparation, pedestrian lighting, street furniture, and trash receptacles. ARTICLE IV. CITY PARTICIPATION 4.1 In accordance with TIF Expense, Phase I of the Project Plan recommended by the Board of Directors of the North Overton District Tax Increment Finance Reinvestment Zone and approved by the City Council of the City of Lubbock, and in accordance with the City of Lubbock Redevelopment Policies and Tax Increment Finance Policies, the City agrees to dedicate and pledge the use of revenue in the Tax Increment Fund to directly participate in the cost of the Public Improvements as shown in the attached "Exhibit D," entitled "Main Street Condominiums U, Direct City Participation and TIF Funding, Bond Issue Two, Phase One, Project Sixty -Eight." Developer Agreement City / McCanton Woods, Ltd. Project 68 3 4.2 This Agreement shall authorize funding only for Bond Issue Two, Phase One, Project Sixty -Eight. Participation shall be based on actual construction costs incurred by the City or verified by the City upon application and certification by Developer. In the event that the actual costs of the individual Direct City Participation items are less than the amounts shown in Exhibit D, then the City will utilize the "savings" (in its sole discretion) to increase any other individual Direct City Participation element, if needed to provide sufficient funding for the Direct City Participation in other project element or elements. City also reserves the right to reallocate the "savings" for projects in a subsequent phase of the Project. Direct City Participation in Phase I, Bond Issue Two, Project 68, shall be limited to the total amount approved by the City Council in this agreement, which is $377,948. 4.3 The City shall review the Developer's cost estimates in order to deter undue loading of costs, collusion or fraud prior to approval of payment of the Direct City Participation. The City may, at its discretion, pay any increases in the actual cost of a public improvement over its estimated cost, provided funds are available. However, unless the North Overton TIF project and financial plans and this document are amended to so provide, in no case shall the City ever be liable for any amount above and beyond a total of $377,948.00, the agreed payment of the City's share of the public improvements contained herein. Nothing in this Agreement shall be construed to require City to approve reimbursements from any source of City funds other than the Tax Increment Fund. 4.4 Increases in the scope of the project beyond that contemplated by the plans and budget within this document shall be paid by the party requesting the increase in scope. 4.5 The City anticipates issuing debt to reimburse the Developer and costs advanced by City for project costs authorized pursuant to this Article. The reimbursement will be paid from the proceeds of debt issued by the City when TIF revenues from taxable improvements will provide 1.25 times coverage calculation of the maximum annual debt service payments on the debt. 4.6 City agrees to make available to the Developer for inspection all of its books and records related to the Public Improvements constructed for the Project and to allow Developer access to the Public Improvement site during the construction for the purpose of periodic inspection of the construction work. City agrees, when applicable, to follow the Design Guidelines, including the Landscape Plan attached hereto as Exhibit F. Developer Agreement — City / McCanton Woods, Ltd. Project 68 4 4.7 City will provide the Developer, if requested, copies of contracts denoting costs for engineering services directly related to the final engineering for development of Public Improvement construction plans and specifications. 4.8 For those Public Improvements in the Project constructed by City, City agrees to submit the Public Improvements to competitive sealed bids and agrees to award the contract to construct the Public Improvements to the lowest responsible bidder. 4.9 City agrees to construct those projects listed in Exhibit D for which the participation is 100% and to reimburse Developer as agreed above for the remaining projects to the extent funds are available in Phase I, Bond Issue Two, Project 68 of the Project Plan. City and Developer may agree to allow Developer to do construction on the City's behalf for certain projects listed in Exhibit D. In order for City to reimburse Developer for construction and material costs for these projects, Developer shall provide proof of completion and proof of payment in a form acceptable to the City. Procedures for reimbursement from the City are attached as Exhibit H. 4.10 The City and Developer shall cooperate and coordinate their activities with respect to the commencement and construction of the Public Improvements and the Project so that the commencement and construction of the Public Improvements shall occur at such times as are necessary to meet the construction time requirements of Developer for the Project. The parties agree to jointly prepare (and update from time to time as necessary) a construction schedule of the Public Improvements in order to help implement the parties' obligations. Such schedule, when completed, (and as updated) shall become Exhibit G to this Agreement. ARTICLE V. DEVELOPER OBLIGATIONS 5.1 In accordance with the plans in Exhibit B, as approved or amended by the Planning and Zoning Commission, and in accordance with TIF Expense Phase I of the Project Plan, as amended and recommended by the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone and approved by the City Council of the City of Lubbock, the Developer agrees to construct and complete Main Street Condominiums II to be located between Main Street and the alley between Main and loth Streets and between U and V Avenues before )2007. 5.2 In accordance with the map and design in Exhibits A and B and in accordance with TIF Expense Phase I of the Project Plan, as amended and recommended by the Board of Directors of the North Overton Tax Developer Agreement City / McCanton Woods, Ltd. Project 68 5 Increment Financing Reinvestment Zone and approved by the City Council of the City of Lubbock, the Developer agrees to construct and/or participate in the actual cost of construction of the Public Improvements and in the percentages as shown in the attached "Exhibit E." Prior to construction the plans and the contract shall be reviewed and approved by the City. Developer shall be responsible for construction of the hardscape and the irrigation in the Parkway in accordance with the Design Guidelines, including the Landscape Plan, attached as Exhibit F. 5.3 Developer agrees to make available to the City for inspection all of its books and records related to the public improvements constructed for the project and to allow the City access to the Project during construction for the purpose of periodic inspection of the construction work. 5.4 Developer shall provide City copies of contracts denoting costs for engineering services directly related to the final engineering for development of construction plans and specifications. Only engineering services directly related to final engineering shall be eligible for project cost reimbursement. 5.5 For those Public Improvements in the Project constructed by Developer in which there is Direct City Participation greater than thirty per cent of the total contract price (not including payment by the City for any oversizing of improvements required in the Design Guidelines), Developer agrees to submit the Public Improvements to competitive sealed bids and agrees to award the contract to construct the Public Improvements to the lowest responsible bidder in accordance with state law and city ordinances regarding public bids. On those items where there is Direct City Participation, City reserves the right to do the construction of the public improvement with contribution from Developer if it is more economical for the City to build than for Developer to do the construction. 5.6 Developer acknowledges that City will be issuing debt backed by revenue in the Tax Increment Fund to fund the public improvements referenced in the Agreement, and Developer therefore agrees that the project located between Main Street and the alley between Main and 10`h Streets and between U and V Avenues shall not be sold or transferred to any entity that does not pay property taxes for this property for a period of twenty years from the date of this Agreement. If, during the 20-year period, the property is sold to an entity that does not pay property taxes, Developer agrees to pay into the Tax Increment Fund a sum equal to the amount of increment that would have been generated by that property over the remainder of the twenty year period at the effective tax rate on the date of the sale. Developer Agreement — City / McCanton Woods, Ltd. Project 68 6 ARTICLE VI. FORCE MAJEURE 6.1 It is expressly understood and agreed by the parties to this Agreement that if the substantial completion of the construction of any improvements contemplated hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, governmental restrictions, regulations, or interferences, delays caused by the franchise utilities or their contractors, fire or other casualty, court injunction, necessary condemnation proceedings, acts of the other party, its affiliates/related entities and/or their contractors, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated shall be excused from performing during such period of delay, so that the time period applicable to the design or construction requirement shall be extended for a period of time equal to the period the party was delayed. ARTICLE VII. TERM 7.1 The term of this agreement shall begin on the date of execution and end upon the earlier of (a) the complete performance of all obligations and conditions precedent by parties to this Agreement; or (b) the expiration of the term of the North Overton Tax Increment Financing Reinvestment Zone; provided however, that the obligations of City to apply increment which has accrued during the term of the North Overton Tax Increment Financing Reinvestment Zone but which is not collected until subsequent to the expiration of the term toward unreimbursed Project Costs pursuant to this Agreement shall survive. ARTICLE VIII. INSURANCE 8.1 Developer agrees to obtain or cause its Contractors and/or subcontractors to obtain comprehensive liability insurance satisfactory to the City (including workers' compensation or a self-insurance plan in lieu thereof) which names the City and the Board of Directors for the North Overton Tax Increment Finance District as additional insureds, due to any damage, Developer Agreement - City / McCanton Woods, Ltd. Project 68 7 injury, or death attributed to the Developer or its Contractors or subcontractors while completing the Public Improvements in which there is Direct City Participation. ARTICLE IX. INDEMNITY 9.1 Developer agrees to defend, indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought that may arise out of or be occasioned by Developer's breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of Developer, its officers, agents, associates, employees or subcontractors, in the performance of this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Developer and City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise to any other person or entity. ARTICLE X. AUTHORITY TO BIND 10.1 The City represents and warrants to Developer that the City has full constitutional and lawful right, power, and authority, under currently applicable law to execute and deliver and perform the terms and obligations of this Agreement, and all necessary City proceedings, findings and actions. Accordingly, this Agreement constitutes the legal valid and binding obligation of the City, is enforceable in accordance with its terms and provisions and does not require the consent of any other governmental authority. 10.2 Developer hereby represents and warrants to the City that Developer has full lawful right, power and authority to execute and deliver and perform the terms and obligations of this Agreement and all of the foregoing have Developer Agreement - City / McCanton Woods, Ltd. Project 68 8 been or will be duly and validly authorized an approved by all necessary actions of Developer. Concurrently with Developer's execution of this Agreement, Developer has delivered to the City copies of the resolutions or other corporate actions authorizing the execution of this Agreement and evidencing the authority of the persons signing this Agreement on behalf of Developer to do so. Accordingly, this Agreement constitutes the legal, valid and binding obligation of Developer, and is enforceable in accordance with its terms and provisions. ARTICLE XI. DEFAULT 11.1 A default shall exist if any party fails to perform or observe any material covenant contained in this Agreement, or if the representation provided for in Section IX is not true or correct. A party shall immediately notify the defaulting party in writing upon becoming aware of any change in the existence of any condition or event that would constitute a default by the defaulting party, or with the giving of notice or passage of time, or both would constitute a default by defaulting party under this Agreement. Such notice shall specify the nature and the period of existence thereof and what action if any, the notifying party requires with respect to curing the default. 11.2 If a default shall occur and continue, after thirty (30) days written notice to cure default, City may, at its option terminate this Agreement or pursue any and all remedies it may be entitled to in accordance with Texas law, without the necessity of further notice to or demand upon Developer. ARTICLE XII. FEDERAL FUNDING 12.1 The City represents and warrants to Developer that no federal funds or federally assisted project activities as administered by or under the control of the City are involved in this project at this time. City further agrees that it does not have any intention or plans to participate in the future in any federally assisted project activities in the North Overton Tax Increment Finance Reinvestment Zone. 12.2 Developer represents and warrants to City that Developer has no federal funds involved in this project at this time. Developer further agrees that it will not in the future participate in any federally assisted project activities in the North Overton Tax Increment Finance Zone. Developer Agreement - City / McCanton Woods, Ltd. Project 68 9 ARTICLE XIII. NOTICES 13.1 Any notice required by this Agreement shall be deemed to be properly served if deposited in the U.S. mails by certified letter, return receipt requested, addressed to the recipient at the recipient's address shown below, subject to the right of either part to designate a different address by notice given in the manner just described. 13.2 If intended for City notice shall be sent to: Development Services Assistant City Manager City of Lubbock P.O. Box 2000 1625 131h Street Lubbock, Texas 79457 13.3 If intended for Developer, notice shall be sent to: Mr. Delbert McDougal McCanton Woods, Ltd. 7008 Salem Avenue Lubbock, Texas 79424 ARTICLE XIV. VENUE AND GOVERNING LAW 14.1 This Agreement is performable in Lubbock County, Texas, and venue for any action arising out of this Agreement shall be exclusively in Lubbock County. 14.2 This Agreement shall be governed and construed in accordance with the laws of the State of Texas. ARTICLE XV. ATTORNEY FEES 15.1 Developer and City expressly agree that in the event of any litigation arising between the parties to this Agreement that each party shall be Developer Agreement - City / McCanton Woods, Ltd. Project 68 10 solely responsible for payment of its attorneys and that in no event shall either party be responsible for the other part's attorney fees regardless of the outcome of the litigation. ARTICLE XVI. LEGAL CONSTRUCTION 16.1 In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if the invalid, illegal or unenforceable provision had never been contained in this Agreement. ARTICLE XVII. COUNTERPARTS 17.1 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. ARTICLE XVIII. SUCCESSORS AND ASSIGNS 18.1 The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. Provided, however, this Agreement shall not be assigned by Developer without prior City Council approval, which approval shall not be unreasonably withheld. ARTICLE XIX. ENTIRE AGREEMENT 19.1 This Agreement embodies the complete agreement of the parties hereto as it relates to the Public Improvements in Bond Issue Two, Phase One, Project Sixty -Eight, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Agreement, and except as otherwise provided herein cannot be Developer Agreement — City / McCanton Woods, Ltd. Project 68 2007 modified without written agreement of the parties to be attached to and made a part of this Agreement. EXECUTED in duplicate and effective as of the 26th day of June , CITY OF LUBBOCK McCanton Woods, Ltd. DAVID A. MILLER, MfCMEQUIPMENT LEASING, L.C., MAYOR General Partner By: Delbert McDougal Sole Manager ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Rob Atli n, Assi Ci . Manager Development Services APPROVED AS TO FORM: �'' L.%�eeC•—..�-F.--�--fir.. Linda Chamales, Senior Attorney Office Practice Section Developer Agreement - City / McCanton Woods, Ltd. Project 68 12 Resolution No. 2007-RO292 EXHIBIT A PLAT TRACT 12 b el el, b 91�/IJr r,l�;l �b wlelwl b OVERTON PARK r I I I I I I I ar I I I I I AN ADOITION LUBBOCK. K COUNTY. TEXAS LUBBOCK 1 NNT STRT nEE i r nnnnnn r nn117, t {Q I/ Al 9 • ) • ! 1 ! f I < <Y e 9 • / i /� U��L1 J�LU & i e nnnnn�nnnn nnnn�- �b w /• n b b ro a R ra 1/� pb w e w n a e ..PE .L- .J�LLJ U��Lr1� 101h STREET IS I�R I 11 I Al 19 I I I) 1 6 I! I I I J I I I IYI�IjP I I/ I p 1 9 I I I) I• U _L U IU 1�1 5711 __L J— U LJ _L U I Lg-ek— _ E4 o t MANV � STREET ` ti =n�nn r nnT�rT Tn r nnpnnn `n' n'LJ�p�n�J�JLLaIn��n: w77yTnQn7nn77nnn�nnnrn� e K !) b w ro e u fJ Ny Q tAf w e w /) b 9 Yr.�wM1aW�M,+CWW�srR.�•+"�/w_.�..�-rr.«...r....we..� u r u Lu IJ pRE ANARY.TNu00eNIENT61uu NOT fE RECOROEGTORANY PUNNIlL BROAMAY .. W._ NBMNI GIt wtinm ram. �iuon�tas[asmm �r, o••••• .11MR LAB.. NP4'N'W Y.M..b Yl.SnWf�. Nr �f1 w.]nLliatlt alM TYPWALALLEYSTREETTYCREST YREKN MER:ECTKN INNERE CORNER MCPLFERED ERE CORNER CFERED ---� Developer Agreement — City / McCanton Woods, Ltd. Project 68 13 Resolution No. 2007-RO292 EXHIBIT B PLANS MAIN STREET CONDOS PROJECT INFORMATION ADDRESS 2 0, 210 6 2 Va 2110,2071MA STREET ZON"'I' R SPECIVO USE M 1.0� CODE I!5C 2� - RE 6PFV4CLER, PER NIIPA OR CONS. RUCT�CN GEL 3'� OF WEIGWT, STOR E& 3-STOR- 1EII3- FEET, 38" PROJECT PARTICIPANTS CUNER; CCHTWAC-OR Z—T It­i 12, W ARC:LITECT STRUCTUQAL EIZINEER, C'V11- IRRIGATION DESIGN, M-E-P ENWNEER LANDSCAPE DESIGN 1-11 D.14 LIST OF DRAWINGS STI;!LCTLrA- IT CTURA- z—A-1 I-E-P LANDSCAPE T•RUCTI CONSON'n IRRIGATION __ �z --� F TF�__ TFIT 17 �1 TE, MAiN '� 100,: L ---- ------- -- — --------- ------------------ I "Y I yp�- 11 Y—c 2 r n(P ...... ...... MAIN 5 T R E E T � SITE PLAN C L n U z 2 z Sill, PLAN SITr UTII I I ll:� r--7771 IA-1 I I- Developer Agreement — City III McCanton Woods, Ltd. Project 68 14 EXHIBIT C NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE FOURTH AMENDED PROJECT PLAN AND FINANCE PLAN Developer Agreement - City / McCanton Woods, Ltd. Project 68 15 Resolution No. 2007-RO292 FINANCING PLAN (Fourth Amended) North Overton Area Tax Increment Financing Reinvestment Zone LUBBOCK, TEXAS NOVEMBER 2006 FINANCING PLAN The Financing Plan provides information on the projected impact that the North Overton Area Tax Increment Finance Reinvestment Zone (Zone) could have on the property described in Appendix A. It will also describe how that impact could be utilized to enhance the area and region through leveraging the resources of each entity that participate in the project. Below is a summary of the Financing Plan items required by law: 1. A detailed list describing the estimated project costs of the zone, including administrative. The total project costs over the life of the zone will be approximately 82.7 million, not including interest payments on debt service. The detailed list of projects is included in Appendix B. 2. A statement listing the kind, number, and location of all proposed public works or public improvements in the zone. • Capital costs, including the actual costs of the acquisition and construction of public works, public improvements, new buildings, structures, and fixtures; the actual costs of the acquisition, demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures; and the actual costs of the acquisition of land and equipment and the clearing and grading of land; • Financing costs, including all interest paid to holders of evidences of indebtedness or other obligations issued to pay for project costs and any premium paid over the principal amount of the obligations because of the redemption of the obligations before maturity; • Any real property assembly costs; • Professional service costs, including those incurred for architectural, planning, engineering, and legal advice and services; • Any relocation costs; • Organizational costs, including costs of conducting environmental impact studies or other studies, the cost of publicizing the creation of the Zone, and the cost of implementing the project plan for the Zone; • Interest before and during construction and for one year after completion of construction, whether or not capitalized; Page 2 North Overton TIF Fourth Amended Financing Plan City of Lubbock • The amount of any contributions made by the municipality from general revenue for the implementation of the project plan; • Imputed administrative costs, including reasonable charges for the time spent by employees of the municipality in connection with the implementation of a project plan; • The cost of operating the Zone and project facilities; and • Payments made at the discretion of the governing body of the municipality that the municipality finds necessary or convenient to the creation of the Zone or to the implementation of the project plans for the Zone. • All public improvements or public works projects will be in the area shown in the map in Appendix A. 3. Economic FeasibiIty Study. • An economic feasibility study has been completed and is included as a part of this Financing Plan as Appendix C. 4. The estimated amount of bonded indebtedness to be incurred. The debt capacity produced from the estimated tax increment should yield approximately $41.5 million in funding capacity. 5. The time when related costs or monetary obligations are to be incurred. Monetary obligations will be incurred with each bond issue; however, it is expected that development agreements will be in place, which would provide sufficient tax increment to pay debt coverage for each bond issuance. 6. A description of the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs including the percentage of tax increment to be derived from the property taxes of each taxing unit on real property in the Zone. • Project costs will be financed using bond issues with payment provided by tax increment funds received. The revenue sources will be the real property taxes captured by the Zone, which will account for 100% of revenues used to fund project costs and bonds issued. Page 3 North Overton TIF Fourth Amended Financing Plan City of Lubbock 7. The current total appraised value of taxable real property in the Zone. The appraised value of the taxable real property in the Zone that the Lubbock Central Appraisal District certified in July 2002 was $26,940,604. This amount is the base value for the district in calculating future increments. The current appraised value according to the 2006 certified TIF roll is $185,442,083. Page 4 North Overton TIF Fourth Amended Financing Plan City of Lubbock 8. The estimated appraised value of the improvements in the Zone during each year of existence. Table 1 YEAR 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 TOTAL • The estimated appraised value of the improvements in the Zone per year is listed in the following table. ANNUAL CAPTURED VALUE ESTIMATED DEMOLITIONS S K (2,019) (12,395) (2,362) (16,776) ESTIMATED NEW DEVELOPMENTS K 12,406 21,632 99,842 41,397 24,324 151,388 125,866 39,210 22,079 9,088 547,233 ESTIMATED ADJUSTED CAPTURED VALUE SK 10,387 9,237 97,480 41,397 24,324 151,388 125,866 39,210 22,079 9,088 530,457 Page 5 North Overton TIF Fourth Amended Financing Plan City of Lubbock • The estimated annual incremental funds available from development and redevelopment in the Zone are listed in the following table. Table 2 1 ANNUAL INCREMENTAL FUNDS AVAILABLE ESTIMATED ESTIMATED ESTIMATED YEAR ADJUSTED CAPTURED CUMULATIVE CAPTURED ANNUAL TAX VA UE, $K VALUE. $K INCREMENT, $K 2002 - - - 2003 10,387 10,387 - 2004 9,237 19,624 96 2005 97,480 117,104 158 2006 41,397 158,501 930 2007 24,324 182,825 1,338 2008 151,388 334,213 1,543 2009 125,866 460,079 2,821 2010 39,210 499,290 3,884 2011 22,079 521,368 4,215 2012 9,088 530,457 4,401 2013 - 530,457 4,478 2014 - 530,457 4,478 2015 - 530,457 4,478 2016 - 530,457 4,478 2017 - 530,457 4,478 2018 - 530,457 4,478 2019 - 530,457 4,478 2020 - 530,457 4,478 2021 - 530,457 4,478 2022 - 530,457 4,478 2023 - 530,457 4,478 2024 - 530,457 4,478 2025 - 530,457 4,478 2026 - 530,457 4,478 2027 - 530,457 4,478 2028 - 530,457 4,478 2029 - 530,457 4,478 2030 - 530,457 4,478 2031 - 530,457 4,478 2032 - 530,457 4,473 TOTAL 108,941 * Based on projected far rates of. City-S 0.46199; County-S0.28576; Hospital-S0.1142; Water District-S0.008300. Based on estimated collected amount of increment (97.00% collection rate) 2% growth through 2009, 0% thereafter 8. The duration of the zone: The duration of the zone is 30 years. Page 6 North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix A T�" i�' 'fir" T`i 10,81 ' f "101.rT rn rt r Appendix A North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix B NORTH OVERTON TIF PROJECT COSTS TIF Expense Phase 1 Total Cost Street reconstruction/resurfacing $ 8,105,567 A/E services, Reconstruction, curb and gutter, rotaries Rotary amenities 414,000 AIE services, Landscaping - irrigation, lighting, street furniture Glenna Goodacre Boulevard 2,926,510 A/E services, replace curb and gutter, ROW acquistion Glenna Goodacre Blvd. Amenities 2,710,500 ArE services, Landscaping: irrigation, lighting, street furniture Landscaping Parkway 6,215,173 A/E services, Landscaping: irrigation, lighting, street furniture Water/Waste Water 3.403,042 Replacement & relocation Electric utility - underground 3,997,408 Pioneer Park Improvements 500,000 Marsha Sharp Frwy. Frontage 100,000 University Ave. Improvements 190,000 Replace curb & gutter Public Facility 9,550,000 Right of Way Acquisition 3,609,786 Phase 1 TIF Project Cost $ 41,721,986 Bond Adjustments 2005 Bonds sold at a premium (246,000) 2006 Bonds sold at a premium (167,000) Bond issuance costs 193,000 Total Adjustments (220,000) Total Amount of Debt Supported by TIF Revenue 41,501,986 Debt Service Interest Expense 26,238,000 Total Phase 1 TIF Project Cost 67,739,986 Phase 2, Years 7 - 30 (TIF Revenue Available after Debt is paid) 41,202,000 Total TIF Project Cost $ 108,941,986 Administration Cost 350,000 Total Phase 1 TIF Cost $ 41,721,986 Total TIF Expenditure as of 9/30/06 11,096,264 Balance $ 30,625,722 * Bond Issuance 7�15.12003 $ 3,795,000 8 /15/2003 9,290,000 4/ 15'2006 6,300,000 Total $ 19,385,000 Appendix B North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C TAX INCREMENT FEASIBILITY ANALYSIS North Overton Area Tax Increment Financing Reinvestment Zone LUBBOCK, TEXAS Prepared for City of Lubbock JUNE 2002 SCHRADER & CLINE, LLC 4800 Broadway, Suite A Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C Lubbock, Texas INDEX V.ra-1 Index 2 Forward 3 Section I: History 4 Section II: Current Situation 8 Section III: Future Plans 9 Section IV: Tax Increment Analysis 11 Section V: Tables 13 Table 1: North Overton Project Plan 13 Table 2: Private Development Projects 14 Table 3: Annual Captured Value 15 Table 4: Annual Incremental Funds Available 16 Table 5: Annual Incremental Funds Contributed 17 Table 6: Income Without TIF 18 Table 7: BPP Inventory Estimate, $ K 19 Table 8: Income With TIF 20 Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C FOREWORD Schrader & Cline, LLC was asked to prepare a Feasibility Analysis using tax increment financing to encourage redevelopment of the North Overton Area Tax Increment Financing Reinvestment Zone in the City of Lubbock, Texas. This area of the City needs public infrastructure projects that will provide a stimulus for redevelopment and enhancement of the area. Section I summarizes the history of the North Overton area. Section II reviews the current situation. Section III details future plans, and Section IV details the tax increment analysis Section V shows tables The following projections of development and tax revenues are subject to change. As underlying conditions in the national and regional economy change, the pace and value of new development and redevelopment projected for the TIF area may shift. Future property tax rates are particularly difficult to predict given their dependence on changes in the tax base, the mix of taxes levied and the various jurisdictions' overall fiscal and budgetary policies. Thus, the projected tax increments are subject to change. The analysis of future tax increment funds is dependent on a series of projections, assumptions, and other inputs; the report should be reviewed in totality. Neither this report nor its conclusions may be referred to or included in any prospectus or part of any offering made in connection with private syndication of equity, sale of bonds, sale of securities or sale of participation interests to the public without express written approval. Schrader & Cline, LLC Addison, Texas June 2002 Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C Section I: HISTORY The North Overton area of the City of Lubbock was established in 1907 on a tract of land just west of the existing "town site". It thus became the first major real estate operation in town. Lots being offered by Dr. M. C. Overton sold at a steady pace, but a good portion of the land was sold in large tracts. The first houses were built in 1907, and Broadway, the main street of the addtion, became a fashionable street on which many prominent Lubbock residents built homes. By the 1920's, the Overton Addition became an integrated part of Lubbock through paving projects and the annexation of all its land to the City. This development was enhanced by the establishment of Texas Technological College along the western boundary of the neighborhood in 1925. As a result, part of Overton developed as a neighborhood serving the new student population; boarding houses dotted the area and a variety of businesses catering to the college trade developed along College Avenue. The neighborhood by the late 1920's and early 1930's was generally middle class, with home ownership predominating. To this day, many of the North Overton homes still standing were built in the 20-year period before 1940. Many of these were FHA homes. The post-war attendance boom at Texas Tech created a shortage of student housing. Although non -conforming apartments were not legal under the city zoning ordinances. there was a tacit agreement between homeowners and the City that allowed the conversion and leasing of apartments without permits or conformity to city building codes. This decision created many of the substandard units that plague the North Overton neighborhood today. Rental property became an important part of the Overton scene as an increasing number of owners moved to south and southwest Lubbock. Owners converted garages into apartments, subdivided houses, and the population of the neighborhood began to rise. By 1960, the increasing enrollment at Texas Tech encouraged a rash of apartment buildings. This influx of rental housing eliminated much single-family housing, caused traffic congestion, Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C and introduced a transient population that destroyed the stability of the area. Speculation became an important part of the real estate market in North Overton, where whole blocks of houses were bought up in anticipation of massive profits from apartment complexes. In addition, spot zoning began to destroy the stability of the neighborhood as the threat of encroaching high -density apartments frightened older residents into selling out. By the 1980's, the Lubbock City Council recognized that the passage of time, market trends, and land use changes had created severe pressures on North Overton, and felt there was an urgent need to analyze the problems and potential of the area. As a result, the council appointed the Overton North Study Committee on November 11, 1982. The Committee established as its mission: "To explore methods of stabilizing property values in North Overton while allowing the area to develop to its fullest potential, with a focus on improving living conditions and the quality of life." In general, the Committee noted that: o North Overton has changed from a fairly stable single-family residential neighborhood to a high -density, renter -occupied, deteriorating area; o Out of town ownership and/or management of housing has increased, further diluting the pride of ownership in the area; o Generally vacancy rates have increased; o Apartment complexes —most built before the 1975 zoning ordinance placed new parking and landscaping requirements on apartments —are scattered across the neighborhood, often isolating single-family residences and increasing congestion; o Weeds, abandoned vehicles, and trash, especially on vacant lots and in alleys are common in North Overton; o Whether due to rental occupancy of single-family housing or increasing apartment development, the decrease in ownership leads to a lack of pride in the neighborhood; and Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C o Crime statistics in the North Overton neighborhood are high. After examining the various trends in North Overton, the Study Committee formulated strategies to address the area's problems and potential. The strategies would: o Allow street closures to pool land for large development projects, or to promote pedestrian access to redevelopment areas; o Encourage development of pedestrian oriented services for North Overton residents; o Promote North Overton as a place for Tech students to live; o Consider alternative financing programs for revitalization projects —possibilities: Tax Increment Financing, Tax Abatement, Urban Development Action Grants, Industrial Revenue Bonds; o Encourage well -planned housing development, particularly that utilizing large tracts of land; o Encourage emphasis on home ownership; and o Encourage lending policies to facilitate home ownership. Unfortunately, the admirable goals of the Overton North Study Committee have not been implemented for a variety of reasons. First, there was a severe downturn in the real estate market during the mid -to -late 1980's. Second, no developer stepped forward with a plan to consolidate the myriad of small residential lots into developable tracts. Third, there were limited public/private partnership opportunities. In March 1989, RTKL, a land use planning firm retained by the City of Lubbock, issued a Redevelopment Plan for Downtown Lubbock that included the North Overton area. The RTKL report identified many of the same issues as the 1982 Study Committee. Some of RTKL's comments about the North Overton area were: Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C o North Overton is one of those duplex and multi -family areas going through a churning process that produced urban blight. It is becoming a high -crime area desperately in need of stabilizing redevelopment. o A university the size of Tech typically generates the development of a "campus town", or a significant number of college -oriented retail businesses located within walking distance of the campus. However, a campus town is missing in Lubbock; retailers that used to be located across from the Tech campus have since moved to outlying areas. o Where North Overton once supplied many of the residential units for Texas Tech students, many of those students have since moved to newer complexes in suburban Lubbock. o North Overton is experiencing a critical level of deterioration. One of the contributing factors appears to be the extent to which "spot zoning" of apartment complexes was allowed in a single-family neighborhood. o Once apartments were developed, single-family homes were purchased as rental units by absentee landlords; o With no new multi -family housing starts, and the continued aging of existing garden apartments, there could be a need for student housing in the North Overton area in the next few years; and o Redevelopment of the North Overton area will depend on enough land assembly for a critical mass of housing to provide an incentive for residential builders to start a range of housing programs over several years of continual development. The City should establish new zoning standards that permit a wide range of housing types within North Overton. o The community must recognize the importance of private investment and the needs of the development industry. The City must develop creative public/private joint development opportunities and provide public improvements as incentives for development. Through the 1990's, the situation in North Overton continued to stagnate. Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C Section II: CURRENT SITUATION At this time, the North Overton neighborhood continues to be an area in distress. o Population is declining, vacancies are high (32.6% compared to 7.8°16 for City); o Owners occupy only 7.3 °o of the properties compared to 51.5% in the City; o Crime is high; and o Many properties are in poor condition, abandoned vehicles and weeds are prevalent, and there is little to attract anyone to this neighborhood other than extremely low values and rents. However, in spite of this (or possibly because of all this) a local developer has come forward with the express purpose of purchasing and redeveloping about 90% of the North Overton area. Currently the developer owns approximately 80% of the property he intends to develop. The developer has submitted a petition to the City of Lubbock requesting that the City establish a Tax Increment Finance (TIF) Reinvestment Zone to provide the necessary public funds for entering into a public/private partnership. This public/private partnership will provide for a significantly enhanced redevelopment of the North Overton area by using public funds for upgraded intersections, additional landscaping, improved street lighting, park improvements, and street and utility rep lacement'reconstruction. In order to ensure this higher quality redevelopment project, the City has retained J. D. Wilson and Associates to provide design concepts for a pedestrian oriented district and the City also has prepared redevelopment guidelines and TIF participation guidelines. The redevelopment being proposed through use of this public/private partnership follows many of the strategies noted in the 1982 Overton North Steering Committee report and the 1989 Redevelopment Plan for Downtown Lubbock prepared by RTKL. Plans call for street closures to allow for larger development projects, student housing will be provided, there will be a variety of well -planned housing projects, retail to support the neighborhood and the Tech student population: and the entire development will be pedestrian oriented. Enhancing and upgrading this private redevelopment will be pubic projects financed by TIF funds. Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C Section III: FUTURE PLANS As part of the public/private partnership which will be used to stimulate, enhance and support redevelopment of the North Overton area, a list of public infrastructure projects has been developed by City staff as shown in Table 1. These infrastructure projects are designed to replace 70-year old utilities, provide new street lighting and signalization, upgrade Pioneer Park. and provide for enhanced landscaping, wider sidewalks, and street furniture. Funding for these public projects will be financed by TIF funds generated by private redevelopment projects. Private development projects planned for the North Overton area as part of a public/private partnership and shown in Table 2, include the following: TYPE SQ. FT. UNITS Office 112,000 Retail 277,000 Residential Multi -Family 928 Single-Family/Garden/Town Homes 333 Retail development in North Overton will be supported by both Tech students and the neighborhood residents. Based on estimated student buying power of $125 per month per student, Tech students alone could support between 150,000 and 187,000 square feet of retail development assuming $200 to $250 worth of annual sales per square foot. In addition to Tech students, the surrounding neighborhood will utilize the retail development and the retail support area will be further expanded with the completion of Marsha Sharp Freeway frontage roads expected in 2008. No new office space has been built in the Overton area or even in the nearby Central Business District for several years. The small 112,000 square foot office building being planned for the North Overton area should fill up rapidly, most likely with tenants from older office buildings near by. Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C Prior to the redevelopment planned by this proposed public/private partnership, there were about 3,200 residential units in the North Overton area. However, only about 2,200 were occupied — by approximately 5,000 residents. With this redevelopment, there are only 1,261 units planned, about 75% of which are multi -family, with the remainder a mix of single-family, town house, and garden houses. This is a much lower density than the development which previously existed, and we have no doubt this reduced number of units will be absorbed quickly. In addition, about 25% of the multi -family units are being planned for Tech students. If this development for students is successful (and it should be), the number of multi -family units for students may be increased to 50%. It is anticipated that build -out of this public/private partnership will occur over a seven year period and will provide an increase in real property value of approximately $171 million. This increase will be offset however, by a loss in value from demolition of existing improvements of approximately $17 million. All of this results in a net real property value increase of overt $154 million. Detail of this forecast is shown in Table 3. In addition to the increase in real property values, it is also anticipated that business personal property and inventory values will be increased by about $8 million as shown in Table 7. Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C Section IV: TAX INCREMENT ANALYSIS This section documents the detailed analysis and inputs used to generate the tax increment revenue estimates. Tax increment financing involves: • Designating an eligible redevelopment area as a tax increment reinvestment zone. • Soliciting participation of the taxing jurisdictions; • Setting the assessment base at the level of the most recent assessment; and • Diverting tax revenues generated by the increase in assessed value to a tax increment fund for funding public improvements. Thus, future tax increment revenues depend on four elements: • The timing and value of new development and redevelopment; • Appreciation of existing land and improvements; • The value of any existing improvements demolished to make way for new development; and • Future tax rates and the percentage of participation of each taxing jurisdiction. This analysis will include only tax increment above the base from redevelopment in the Zone. We have not included any tax increment from increases in value of existing development. Table 2 indicates the projected assessed value and timing of the redevelopment planned for the North Overton area within the Zone. Assessment policies in Lubbock County set building assessments at 100% of fair market value, roughly equal to construction costs for new construction. Assessed values are established as of January 1 of the tax year. Thus, new development in 2002 goes on the tax rolls for the Tax Year 2003. Taxes generated against values in one tax year are due and collected at the beginning of the following tax year. Thus, for this analysis, tax increment is available beginning in tax year 2004. Table 3 uses the New Development values shown in Table 2 and deducts the loss of value as a result of demolition of existing improvements to generate an Adjusted Captured Value. Table 4 used the Adjusted Captured Value as shown in Table 3, and tax rates for each of the Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C taxing jurisdictions, to develop the Annual Tax Increment. Table 5 takes the same Annual Tax Increment and shows the increment provided by each taxing jurisdiction. During the proposed 30-year life to the North Overton Area TIF Reinvestment Zone, the tax increment fund would collect a total of $35,893,000. This tax increment will provide sufficient funds to pay for all the public infrastructure projects listed in Table 1, even if the TIF Board and City elect to finance these projects by issuing bonds. Finally, Table 6 projects the tax income to all taxing jurisdictions without the North Overton Area TIF Reinvestment Zone. This table indicates that all participating taxing jurisdictions are projected to receive a combined total of $8,217,471 during the 30-year life of the TIF. Table 8 projects the tax income to all taking jurisdictions with the North Overton Area TIF Reinvestment Zone which includes tax income from Business Personal Property and Inventory as shown in Table 7. In this case, all participating taxing jurisdictions are projected to receive a combined total of $8,878,000 during the 30-year life of the TIF. As indicated by these tables, the income to all taxing jurisdictions during the life of the Zone is more with the Zone than it is without, even though the jurisdictions are also providing a combined $35,893,000 to the TIF Fund to pay for the proposed public infrastructure projects. Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C Section V: TABLES Table 1 NORTH OVERTON PROJECT PLAN Cost, $ Cost, $ PROJECT BOND ISSUE I BOND ISSUE 2-5 TOTAL 2002 2003-2006 TIF COST, $ PHASE I -First 6 Years Marsha Sharp Frwy Frontage 0 1,000,000 1,000,000 * Improve 8 Intersections+ Frontage Landscaping & street lighting University Avenue Boulevard 0 900,000 900.000 o Signalize 3 Intersections o Landscape Median o Replace Street Lighting Pioneer Park Improvements 0 500,000 500,000 Eighth Street Boulevard a Reconstruction IX000 560,000 690,000 C. Landscaping 0 490,000 490,000 c Street lighting Main Street Reconstruction o Reconstruction 240,000 580,000 820,000 o Remove/palletize Brick 0 780,000 780,000 o Replace curb & gutter 0 o Landscaping o Street lighting Storm Sewer 0 118,000 118,000 Landscaping, Sidewalks. Street Furniture, etc 150,000 830,000 980.000 Street lighting 50,000 450,000 500,000 Commons, Land Acquisition 420,000 420,000 Commons. Development 250,000 250,000 Street Reconstruction/Resurfacing o Removelreplace curb & gutter 80,000 1,100,000 1,180,000 Bituminous Paving on remaining Streets 130,000 1,800,000 1,930,000 Alley Paving 0 0 0 Water Line Replacement 80,000 2,500,000 2,580,000 Wastewater Line Replacement 40,000 1,500,000 1,540,000 TOTAL BOND ISSUES (1-5) 900,000 13,778,000 14,678,000 Administration 90,000 150,000 240,000 TOTAL PHA SEI TIF COST 990,000 13,928,000 14,918,000 PHASE 11-Years 7-30 Public Infrastructure 0 7,000,000 7,000,000 TOTAL TIF COST 990,000 20,928,000 21,918,000 Appendix C North Overton TIF Fourth Amended Financing Plan City of Lubbock Appendix C Table 2 PRIVATE DEVELOPMENT PROJECTS Land Use New Development Values, $ COMMERCIAL Acreage Bldg/ Sq Ft $ / Sq Ft 2003 2004 2005 2006 2007 2008 Retail Center 17 71 270,025 106 28,661,220 Leasehold Improvements 216,000 65 4.680,000 4,680,000 4.680,000 Bank 041 7,559 218 1,643,981 Land Value Inc 13 245,983 Office ) l7 112,502 76 4.275,092 4,275,092 Land Value Inc 10 1,126,026 1,126,026 MULTI -FAMILY Units $ / Unit Site A 922 166 54,701 8.981,872 Land Value Inc 325 1,306.053 Site B 1336 240 54,602 12.98L860 Land Value Inc 325 1.890.727 Site C 1563 281 54,649 15,201392 Land Value Inc 325 2,212,184 Site D 1336 240 54,602 13,381,850 Land Value Inc 325 1.890,727 OTHER Units $ / Unit Single Famdv 6123 195 180,000 8.775,000 8.775,000 8.775,000 8,775 000 Garden Homes 614 102 165.000 4,207,500 4,207,500 4,207,500 4,207,500 Town Homes 579 36 165,000 1485.000 1,485,000 1,485,000 1A85,000 14,872,587 31,630,041 70,830,621 24,548,618 24,548,618 4,680,1H10 TOTAL Appendix C North Overton TIF Third Amended Financing Plan City of Lubbock Table 3 YEAR 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 TOTAL ANNUAL CAPTURED VALUE DEMOLITIONS S K (3,703) (4,003) (5,883) (1,588) (1,599) (16,765) NEW DEVELOPMENTS K 14,873 31,630 70,831 24,549 24,549 4,680 171,112 ADJUSTED CAPTURED VALUE $ K 11,170 27,627 64,948 22,961 22,961 4,680 154,347 Appendix C North Overton TIF Third Amended Financing Plan City of Lubbock Appendix L Table 4 ANNUAL INCREMENTAL FUNDS AVAILABLE YEAR ADJUSTED CAPTURED CUMULATIVE CAPTURED ANNUAL TAX VALUE, $K VALUE, $K INCREMENT, $K 2002 - - - 2003 11,170 11,170 - 2004 27,627 38,797 97 2005 64,948 103,745 337 2006 22,961 126,706 900 2007 22,961 149,667 1,100 2008 4,680 154,347 1,299 2009 - 154,347 1,340 2010 - 154,347 1,340 2011 - 154,347 1,340 2012 - 154,347 1,340 2013 - 154,347 1,340 2014 - 154,347 1,340 2015 - 154,347 1,340 2016 - 154,347 1,340 2017 - 154,347 1,340 2018 - 154,347 1,340 2019 - 154,347 1,340 2020 - 154,347 1,340 2021 - 154,347 1,340 2022 - 154,347 1,340 2023 - 154,347 1,340 2024 - 154,347 1,340 2025 - 154,347 1,340 2026 - 154,347 1,340 2027 - 154,347 1,340 2028 - 154,347 1,340 2029 - 154,347 1,340 2030 - 154,347 1,340 2031 - 154,347 1,340 2032 - 154,347 1,340 TOTAL 35,893 Based on 100% participation and 1nx rates of City-$ 0.57000, Counhl-$0.19170, Hospital -SO. 09798; Water District-$0.00830 Appendix C North Overton TIF Third Amended Financing Plan City of Lubbock Appendix C Table 5 ANNUAL INCREMENTAL FUNDS CONTRIBUTED ANNUAL TAX INCREMENT $ K (By Taxing Jurisdiction) WA TER YEAR CITY COUNTY HOSPITAL DISTRICT TOTAL 2002 - - - - - 2003 - - - - - 2004 63 21 11 2 97 2005 221 75 38 3 337 2006 591 198 102 9 900 2007 722 243 124 11 1,100 2008 853 287 147 12 1,299 2009 880 296 152 12 1,340 2010 880 296 152 12 1,340 2011 880 296 152 12 1,340 2012 880 296 152 12 1,340 2013 880 296 152 12 1,340 2014 880 296 152 12 1,340 2015 880 296 152 12 1,340 2016 880 296 152 12 1,340 2017 880 296 152 12 1,340 2018 880 296 152 12 1,340 2019 880 296 152 12 1,340 2020 880 296 152 12 1,340 2021 880 296 152 12 1,340 2022 880 296 152 12 1,340 2023 880 296 152 12 1,340 2024 880 296 152 12 1,340 2025 880 296 152 12 11340 2026 880 296 152 12 1,340 2027 880 296 152 12 1,340 2028 880 296 152 12 1,340 2029 880 296 152 12 1,340 2030 880 296 152 12 1,340 2031 880 296 152 12 1,340 2032 880 296 152 12 1,340 TOTAL 23.570 7,928 4,070 325 35,893 Appendix C North Overton TIF Third Amended Financing Plan City of Lubbock Appendix C Table 6 INCOME WITHOUT TIF Income to Jurisdiction Without TIF **, $ REAL PROPERTY BuslNEss PP & INV TOTAL ! WATER YEAR VALUE, S K VALUE, S K VALUE S K CITY COUNTY HOSPITAL DISTRICT 2002 24,419 * 2,580 * 26,999 - - - - 2003 24,419 2,580 26,999 153,984 51,757 26,454 2,241 2004 24,419 2,580 26,999 153,894 51,757 26,454 2,241 2005 24,419 2,580 26,999 153,894 51,757 26,454 2,241 2006 24,663 2,606 27,269 153,894 51,757 26,454 2,241 2007 24,910 2,632 27,542 E 155,433 52,275 26,718 2,263 2008 25,159 2,658 27,817 156,987 52,798 26,986 2,286 2009 25,662 2,711 28,373 158,557 53,325 27,255 2,309 2010 26,175 2,765 28,940 161,726 54,391 27,800 2,355 2011 26,699 2,821 29,520 164,958 55,478 28,355 2,402 2012 27,233 2,877 30,110 168,264 56,590 28,924 2,450 2013 27,778 2,935 30,713 171,627 57,721 29,502 2,499 2014 28,056 2,964 31,020 175,064 58,877 30,093 2,549 2015 28,336 2,994 31,330 176,814 59,465 30,393 2,575 2016 28,620 3,024 31,644 178,581 60,060 30,697 2,600 2017 28,906 3,054 31,960 180,371 60,662 31,005 2,626 2018 29,195 3,085 32,280 182,172 61,267 31,314 2,653 2019 29,487 3,116 32,603 183,996 61,881 31,628 2,679 2020 29,782 3,147 32,929 185,837 62,500 31,944 2,706 2021 30,080 3,178 33,258 187,695 63,125 32,264 2,733 2022 30,381 3,210 33,591 189,571 63,756 32,586 2,760 2023 30,685 3,242 33,927 191,469 64,394 32,912 2,788 2024 30,991 3,274 34,265 193,384 65,038 33,242 2,816 2025 31,301 3,307 34,608 195,311 65,686 33,573 2,844 2026 31,614 3,340 34,954 197,266 66,344 33,909 2,872 2027 31,931 3,374 35,305 199,238 67,007 34,248 2,901 2028 32,250 3,407 35,657 201,239 67,680 34,592 2,930 2029 32,572 3,441 36,013 203,245 68,354 34,937 2,960 2030 32,898 3,476 36,374 205,274 69,037 35,286 2,989 2031 33,227 3,510 36,737 207,332 69,729 35,639 3,019 2032 - - - 209,401 70,425 35,995 3,049 TOTAL 5,396,388 1,814,893 927,613 78,577 * Estimated Future Growth: 2002 - 2005 0°o Year 2006 -2008 10o Year 2009-2013 21. Year (After Marsha sharp Freewgr frontage road completion) 2014-2021 1 °o Year * *Based on tar rates of City-S 0.57000, Counq,-SO.19170; Hospital,--SO.09798; Water District -SO. 00830. Appendix C North Overton TIF Third Amended Financing Plan City of Lubbock Appendix C Table 7 BPP & INVENTORY ESTIMATE, $ K YEAR OFFICE RETAIL MULTI -FAMILY TOTAL INI' BPP 2002 - - - - - 2003 - - - 20 20 2004 - - - 35 35 2005 - 3,375 675 65 4,115 2006 - 6,750 1,350 60 8,160 2007 394 6,750 1,080 55 8,279 2008 1,182 6,750 864 50 8,846 2009 1,575 6,750 691 45 9,061 2010 1,260 6,750 553 40 8,603 2011 1,008 6,750 553 35 8,346 2012 806 6,750 553 30 8,139 2013 645 6,750 553 30 7,978 2014 516 6,750 553 30 7,849 2015 516 6,750 553 30 7,849 2016 516 6,750 553 30 7,849 2017 516 6,750 553 30 7,849 2018 516 6,750 553 30 7,849 2019 516 6,750 553 30 7,849 2020 516 6,750 553 30 7,849 2021 516 6,750 553 30 7,849 2022 516 6,750 553 30 7,849 2023 516 6,750 553 30 7,849 2024 516 6,750 553 30 7,849 2025 516 6,750 553 30 7,849 2026 516 6,750 553 30 7,849 2027 516 6,750 553 30 7,849 2028 516 6,750 553 30 7,849 2029 516 6,750 553 30 7,849 2030 516 6,750 553 30 7,849 2031 516 6,750 553 30 7,849 Assumptions: Office: One-fourth space occupied in 2007, an additional one-half occupied in 2008, final one-fourth occupied in 2009. BPP in office space valued at $14'sq. ft. Following full occupancy value, BPP depreciated at 20% per year for 5 years. Assume turnover to new tenants will keep BPP values at that level for remainder of TIF life. Retail: Assume one-half occupied in 2005, fully occupied in 2006. Inventory valued at $25;sq. ft., BPP valued at $5 sq. ft. Inventory values remain constant over the TIF life. BPP depreciated at 200o per year for 4 years. Assume turnover to new tenants will keep BPP values at that level for remainder of TIF life. Multi -Family: Assume four developments with BPP values of $20,000 each. One occupied in 2003 one in 2004, and two in 2005. BPP depreciated at $5,000 year until 2012, then will remain constant as furniture and equipment are replaced with new. Appendix C North Overton TIF Third Amended Financing Plan City of Lubbock Appendix C Table 8 INCOME WITH TIF Income to Jurisdiction With TIF * *, $ BASE REAL BPP & 1NV ADDED BPP & INV CUM VALUE WATER YEAR VALUE, S K VALUE, S K S K CITY COUNTY HOSPITAL DISTRICT 2002 26,999 - 26,999 - - - - 2003 26,999 20 27,019 153,894 51,757 26,454 2,241 2004 26,999 35 27,034 154,008 51,795 26,473 2,243 2005 26,999 4,115 31,114 154,094 51,824 26,488 2,244 2006 26,999 8,160 35,159 177,350 59,646 30,485 2,582 2007 26,999 8,279 35,278 200,406 67,400 34,449 2,918 2008 26,999 8,846 35,845 201,085 67,628 34,565 2,928 2009 26,999 9,061 36,060 204,317 68,715 35,121 2,975 2010 26,999 8,603 35,602 205,542 69,127 35,332 2,993 2011 26,999 8,346 35,345 202,931 68,249 34,883 2,955 2012 26,999 8,139 35,138 201,467 67,756 34,631 2,934 2013 26,999 7,978 34,977 200,287 67,360 34,428 2,916 2014 26,999 7,849 34,848 199,369 67,050 34,270 2,903 2015 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2016 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2017 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2018 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2019 26,999 7,849 34,848 198,634 66,804 34144 2,892 2020 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2021 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2022 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2023 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2024 26,999 7,849 34,848 198,634 66,804 34144 2,892 2025 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2026 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2027 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2028 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2029 26,999 7,849 34,848 198,634 66,804 34144 2,892 2030 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2031 26,999 7,849 34,848 198,634 66,804 34,144 2,892 2032 - - - 198,634 66,804 34,144 2,892 TOTAL 5.830,162 1,960,7 1,002,171 84,888 * *Based on tttr rates of. City-S 0.57000; Counfi-S0.19170; Hospital--S0.09798, Water District-S0.00830. Appendix C North Overton TIF Third Amended Financing Plan City of Lubbock PROJECT PLAN (Fourth Amended) North Overton Area Tax Increment Finance Reinvestment Zone LUBBOCK, TEXAS Prepared for City of Lubbock November 2006 PROJECT PLAN The North Overton Area was established in 1907 and over the next 20 years developed as a middle-class neighborhood, with home ownership predominating. Following World War I1, the growth of Texas Tech stimulated a need for student housing. This need was provided by many non -conforming apartments, converted garages, and subdivided houses, reducing home ownership considerably. Continued growth of Tech encouraged development of apartment buildings, further destroying the stability of the area. By the 1980's, the City of Lubbock recognized the need to "explore methods of stabilizing property values while allowing the area to develop to its fullest potential" and appointed the Overton North Study Committee. This Committee formulated strategies to address the area's problems and potential. Among the strategies was the possibility of utilizing Tax Increment Financing. The City also retained RTKL in 1989 to prepare a Redevelopment Plan for Downtown Lubbock, which included the North Overton area. RTKL's plan identified many of the same issues as the Study Committee and more particularly indicated, "the City must develop creative public/private joint development opportunities and provide public improvements as incentives for development". Through a series of economic and real estate factors, nothing materialized from the two studies during the 1990's, and the situation in North Overton continued to stagnate. However, at this time, a local developer has come forward with a plan to redevelop about 90% of the North Overton area and has petitioned the City to establish a Tax Increment Financing (TIF) District to provide the necessary public funds to enter into a public - private partnership. City staff, working with the developer, has prepared a list of public infrastructure projects, which will stimulate and enhance the redevelopment of North Overton. It is expected that the North Overton Area Tax Increment Financing Reinvestment Zone planned expenditure of approximately $41.7 million for public infrastructure improvements will result in future development/redevelopment in the Zone which will increase the taxable value by approximately $530 Million over the Zone's 30- year life. As set forth in Section 311.011 of the Tax Increment Financing Act of the Tax Code, the Project Plan for the North Overton Area Tax Increment Finance Reinvestment Zone, Lubbock, Texas must and does include the following elements: 1. A map showing existing uses and conditions of real property in the Zone and a map showing proposed improvements to and proposed uses of the property. Attached as Exhibit A is a map showing uses of real property in the North Overton TIF Reinvestment Zone and attached as Exhibit B is a map indicating potential locations of proposed public improvements in the zone. Page I North Overton TIF Fourth Amended Project Plan 2. Proposed changes of zoning ordinances, the master plan of the municipality, building codes, and other municipal ordinances. No changes anticipated at this time except to zoning ordinances. Zoning ordinances will be modified to provide architectural guidelines and special zoning considerations to provide for redevelopment of the North Overton area as a pedestrian -oriented, neo- traditional development. 3. A list of estimated non -project costs. Non -project costs within the Zone area are those development costs not paid for by the Zone. These costs will include, but are not limited to, $554 Million of new development. The detailed list of estimated non -project costs from 2004 through 2012 are included as Exhibit C. 4. A statement of a method of relocating persons to be displaced as a result of implementing the plan. In the process of developing and redeveloping the Zone, it is not contemplated there will be any involuntary relocations. However, it may be necessary to relocate individuals and businesses through voluntary buyout. In the event that this is required, the City or private developer will follow the procedures that would be used in the development or construction of other public or private improvements outside the Zone. Page 2 North Overton TIF Fourth Amended Project Plan NORTH OVERTON PROJECT PLAN (11/16/06) TIF Expense Phase 1 Total Cost Street reconstruction/resurfacing $ 8,105,567 A/E services, Reconstruction, curb and gutter, rotaries Rotary amenities 414,000 A/E services, Landscaping - irrigation, lighting, street furniture Glenna Goodacre Boulevard 2,926,510 A/E services, replace curb and gutter, ROW acquistion Glenna Goodacre Blvd. Amenities 2,710,500 A/E services, Landscaping: irrigation, lighting, street furniture Landscaping Parkway 6,215,173 A/E services, Landscaping: irrigation, lighting, street furniture Water/Waste Water 3,403,042 Replacement & relocation Electric utility - underground 3.997,408 Pioneer Park Improvements 500,000 Marsha Sharp Frwy. Frontage 100,000 University Ave. Improvements 190,000 Replace curb & gutter Public Facility 9,550,000 Right of Way Acquisition 3,609,786 Phase 1 TIF Project Cost $ 41,721,986 Bond Adjustments 2005 Bonds sold at a premium (246,000) 2006 Bonds sold at a premium (167,000) Bond issuance costs 193,000 Total Adjustments (220,000) Total Amount of Debt Supported by TIF Revenue 41,501,986 Debt Service Interest Expense 26,238,000 Total Phase I TIF Project Cost 67,739,986 Phase 2, Years 7 - 30 (TIF Revenue Available after Debt is paid) 41,202,000 Total TIF Project Cost $ 108,941,986 Administration Cost 350,000 Total Phase I TIF Cost $ 41,721,986 Total TIF Expenditure as of 9/30/06 11,096,264 Balance $ 30,625,722 * Bond Issuance 7/ 15/2003 8/15/2003 4/ 15/2006 Total $ 3,795,000 9,290,000 6,300,000 $ 19,385,000 Page 3 North Overton TIF Fourth Amended Project Plan n Exhibit "A" EXISTING LAND USE North Overton TIF Existing Land Use November 2006 _ Comnara�l _ PoIDk use Perks a Rat- - ResweMa+FtyMO+-mity — - ResidwiAl Medw Dewy Roswerniel Lew De Sny Tfwnpwraitln a wiwooe Vp N Law O North Ovenan 11F He +Nay NpaTM Exhibit "A" North Overton TIF Fourth Amended Project Plan Exhibit "B" PROPOSED IMPROVEMENTS AND PROPOSED USES Overton Park Master Plan _�, Proposed Sterling Unhersih Fountains The Centre At Ovenon Park Texas Tech University ® ssa+. re„u.rw.r Re MI Rrraver.'FmU ulw ua �. WJ'xii rwtr Na,r1 �eluYtmli�ery Main Street Condominiums Exhibit " B" North Overton Fourth Amended Project Plan Exhibit "C" List of Estimated Non -Project Costs Note Calendar Year on tax roll New Construction Tract I -A - Starbucks/Bank/Maloufs CY2004 Cl' 2005 Cl' 2006 CV 2007 Cl' 2008 CY 2009 C7' 2010 Cl' 2011 Cl' 2012 Tract I-C 8,128,255 Tract 1-13-1 5,758,275 Tract 1-13-2 E Tract 2-C City Bank Tract 2-A - Restaurant/Retai1 31605,070 Tract 2-13 - The Centre 22,000,000 13,757,278 Tract 3 - Retail Tract 4 - Dinerstein 2 Tract 5 - Possible Centre Tract 6 - TBA - Multi-Family��� 29,133,076 29,133,076 �� Tract 7 - Hotel Tract 8 - Dinerstein 3 Tract 10 - Main Street Condo 4 Tract I I - Main Street Condo I Tract 12 - Main Street Condo 2 Tract 13 - Main Street Condo 3 Tract X - Wal mart �� 696,679 30,722,000 p 7,814,621 ��� Tract A - Dinerstein I Tract 15-A 858,970 Tract 18 4,077,974 Tract 19 Commercial Tract 20 Commercial E 7,113,048 F___1 E==E= Exhibit "C" North Overton Fourth Amended Project Plan New Construction CY2004 Cl' 2005 CY 2006 CY 2007 CY 2008 CY 2009 CY 2010 CY 2011 Cl' 2012 Tract 21 Commercial 3,179,059 Tract 22 Commercial IF 1,647,228 E_ Tract 23/28 Commercial Tract 24 Homes/Duplexes Tract 25 Homes/Duplexes 2,074,987 Tract 26 Homes/Duplexes Tract27 Retail Tract 29-30 Homes/Duplexes University Plaza �� 3.269,788 24,78Q212 ���� Family Phase I —Block 1 Family Phase I — Block 2 IF 4,663,313 Family Phase I — Block 3 Family Phase I — Block 4 Familv Phase 11— Block 8 Family Phase I I — Block 9 Family Phase li— Block 10 Family Phase III — Block I 1 5,013,938 5,013,938 Family Phase III — Block 12 ��� �� 5,317,813 5,317,813 Family Phase III — Block 13 ��� �� 4,102,313 4,102,313 Family Phase IV — Block 5 Family Phase IV — Block 6 Family Phase IV — Block 7 Total New Construction $25,885,714 32,498,282 61.551,275 61,149,547 163.016,921 131,916,961 43,567,140 24,532,064 10.098,000 58.383.996 119.935.271 181.084.818 344.101.739 476.018.700 519,585.840 544.117.904 554.215,904 Exhibit "C" North Overton TIF Fourth Amended Project Plan EXHIBIT D "MAIN STREET CONDOMINIUMS II" DIRECT CITY PARTICIPATION AND TIF FUNDING BOND ISSUE TWO, PHASE ONE, PROJECT SIXTY-EIGHT Project % Participation Street Reconstruction/Resurfacing 100% (Tract 12) A/E Services Reconstruction of Main — curb and gutter only, reconstruction of Avenue U Landscaping in the Parkway 100% Adjacent to Avenue U, V & Main Street A & E Services Softscape - Landscaping, pedestrian lighting & street furniture Cost Estimate $121,500 $75,500 Water/Waste Water 100% $35,000 Replacement vs. Relocation Electric Utility (LP&L) - Underground 100% $57,948 Removal & relocation Contingency $88,000 Total $3 77,948 Developer Agreement - City / McCanton Woods, Ltd. Project 68 16 0,4's1100m "MAIN STREET CONDOMINIUMS II" DEVELOPER PARTICIPATION BOND ISSUE TWO, PHASE ONE, PROJECT SIXTY-EIGHT Project % Participation Street Reconstruction/Resurfacing 0% (Tract 12) A/E Services Reconstruction of Main — curb and gutter only, reconstruction of Avenue U Landscaping in the Parkway 100% Adjacent to Avenue U, V & Main Street A & E Services Softscape - Landscaping, pedestrian lighting & street furniture Cost Estimate $0 $50,333 Water/Waste Water 0% $0 Replacement vs. Relocation Electric Utility (LP&L) - Underground 0% $0 Removal & relocation Contingency $0 Total $50,333 Developer Agreement - City / McCanton Woods, Ltd. Project 68 1 7 EXHIBIT F DESIGN GUIDELINES Developer Agreement City / McCanton Woods, Ltd. Project 68 18 0 a aIa0 ®Y 17i3 f t #DID MOTs" TRACT3C d ° as p H+. ,, .w a . n — � 9:.i". "4 _ ._. !k '� q � QV. 9 4 i► � p. n � °! h 9 -� b $1 � @ � 8 I!. 3 � � a 4 � 0 !Y *9- � � � � � t! ] � � A: y3�+ srEi; o` INS Ask a a' OVERTON PARK PUBLIC IMPROVEMENTS SITE DESIGN GUIDELINES �`if ' ,� ��+� a .y-.K,,. kAii]3ttti.43 Fida,IVALtis.crs�,;e i yG piplef min C Wapy 7Ar-c A a i i o 3J a s lave m , �C A s a tt a . . a@ t e a t} t 41 Al ea 9 0 9 m 8 a a 6 4 fey a, 4P a January 2004 u� s A v jr �>'#.9a a �.a��92�sa si # o q spas ay..jr...- era n'o a•rsaaaaa-!va a a'f-bq,e'I•A'aia y •a+p° H 83tt TRE> t q i a pia Ma _ 001__2 ;!--T.iw2.i 3 8 ?10z� 313 i 6-Q-q a9; pi 49;10a. 0;l c a F J a i��� r G+r�-i s� _0 as 0 f ! a 3 o a 5 . �r u a r r rr� r ri' a A• �, ^ i i a —, a 3 a tl y i ar 9 8E� IFa {:,aClP t •f— -_� a ��� Lrlt� « po ova a,• ft _!.�% � t.. H, Humphreys & Partners Architects, L.P. % $ p a EDAW, Inc. Parkhill, Smith & Cooper, Inc. c G BROADNAk 5,; r TABLE OF CONTENTS CHAPTER 1: INTRODUCTION.................................................................................................... 1 Overview........................................................................................................................................... 1 TheDocuments................................................................................................................................. 3 Using the Overton Park Public Improvements Site Design Guidelines ........................................... 5 Historyof North Overton................................................................................................................. 6 The McDougal Companies and Overton Park.................................................................................. 7 CHAPTER 2. OVERTON PARK CHARACTER AND ORGANIZATION ............................................ 8 Introduction...................................................................................................................................... 8 StreetTree Framework................................................................................................................... 8 StreetTree Planting Guidelines....................................................................................................... 8 Right -of -Way Landscape Guidelines............................................................................................... 12 StreetSignage............................................................................................................................... 16 BusStop Shelter............................................................................................................................. 16 Utilities........................................................................................................................................... 17 CHAPTER 3. OVERTON PARK GATEWAYS AND GATEWAY STREETS ...................................... 18 NeighborhoodGateways............................................................................................................... 18 Gateway Streets............................................................................................................................. 19 GlennaGoodacre Boulevard (8th Street)....................................................................................... 19 Sixth Street and Avenue U............................................................................................................. 24 Rotaries.......................................................................................................................................... 27 Public Art and Ornamentation........................................................................................................ 27 Overton Park Public Improvements Site Design Guidelines i CHAPTER 4. MIXED USE AREA GUIDELINES.......................................................................... 28 Streetscape Design Guidelines...................................................................................................... 28 Sidewalk and Specialty Paving Design Guidelines........................................................................ 32 StreetscapeAmenities................................................................................................................... 33 Pedestrian and Vehicular Lighting Guidelines............................................................................... 33 FencingGuidelines......................................................................................................................... 33 Screening, Buffering and Separation Guidelines........................................................................... 34 CHAPTER 5. LOW DENSITY RESIDENTIAL AREA.................................................................... 36 StreetscapeDesign Guidelines...................................................................................................... 36 SidewalkDesign Guidelines........................................................................................................... 36 StreetscapeAmenities................................................................................................................... 37 Pedestrianand Vehicular Lighting Guidelines............................................................................... 38 Fencing Guidelines......................................................................................................................... 38 APPENDIX A: SITE FURNISHINGS STANDARDS..................................................................... 39 Benches.......................................................................................................................................... 39 TrashReceptacles.......................................................................................................................... 40 BicycleRacks................................................................................................................................. 40 TreeGrates..................................................................................................................................... 41 Trench Grates................................................................................................................................. 41 Vehicular & Pedestrian Lighting.................................................................................................... 42 Overton Park Public Improvements Site Design Guidelines ii APPENDIX B: PLANT MATERIAL APPROPRIATE FOR LUBBOCK, TEXAS ............................... 45 StreetTrees................................................................................................................................... 45 AccentTrees................................................................................................................................... 45 OpenSpace Trees.......................................................................................................................... 45 Street Shrubs I Low Growth I Perennials...................................................................................... 46 Open Space Shrubs I Perennials................................................................................................... 46 OrnamentalGrasses.......................................................................................................................47 Vines............................................................................................................................................... 47 GroundCovers................................................................................................................................ 47 APPENDIXC. STREET SECTION KEY...................................................................................... 48 Overton Park Public Improvements Site Design Guidelines iii LIST OF FIGURES Figure 1 - Overton Park Proposed Land Use............................................................................. 2 Figure 2 - Overton Park Review Process................................................................................... 3 Figure 3 - Tax Increment Finance District Boundary............................................................... 4 Figure 4 - Street Tree Framework P►an..................................................................................... 9 Figure 5 - Pubic Landscape Areas by Type ............................................................................ 10 Figure 6 - Street Tree Intersection Detail............................................................................... 11 Figure 7 - Right -of -Way Landscape Visibility Requirements..................................................13 Figure 8 - P►anter Pocket Detai►.............................................................................................. 14 Figure 9 - Parkway Detai►........................................................................................................ 14 Figure 10 - Bu►b Out Detail ...................................................................................................... 15 Figure 11 - Typical Street Signage.......................................................................................... 16 Figure 12 - Bus She►ter Concept............................................................................................. 16 Figure 13 - Examples of Secondary Gateway Markers.......................................................... 18 Figure 14 - Gateway Streets.................................................................................................... 20 Figure 15 - Typical Gateway Street Pedestrian Crossing....................................................... 19 Figure 16 - G►enna Goodacre Bou►evard Median Pedestrian and Bicyc►e Crossing ............... 22 Figure 17 - G►enna Goodacre Boulevard Median Panting Concept ....................................... 23 Figure 18 - E►►ipse Design Concept......................................................................................... 24 Figure 19 - Rotary Design Concept......................................................................................... 27 Figure 20 - Brick Pattern Examp►es........................................................................................ 32 Figure 21 - Sidewalk Design Concept..................................................................................... 32 Overton Park Public Improvements Site Design Guidelines iv Figure 22 - Crosswalk Detail................................................................................................... 33 Figure 23 - Low -Density Residential Sidewalk Details........................................................... 37 Figure 24 - Approved Brick Paver............................................................................................ 39 Figure 25 - Approved Benches................................................................................................. 39 Figure 26 -Approved Trash Receptacle.................................................................................. 40 Figure 27 - Approved Bicycle Rack.......................................................................................... 40 Figure 28 - Approved Tree Grate............................................................................................. 41 Figure 29 - Approved Trench Gate........................................................................................... 41 Figure 30 - Approved Pedestrian Lights and Vehicular Lights ............................................... 43 Figure 31 - Approved Bollard................................................................................................... 44 Figure 32 - Approved Wall -Mounted Area Lights..................................................................... 44 Overton Park Public Improvements Site Design Guidelines v LIST OF SECTIONS Appendix C is the key map for the location of these sections. Section A - Glenna Goodacre Boulevard Mixed Use............................................................... 21 Section B - Glenna Goodacre Boulevard Low -Density Residential ........................................ 21 Section C - Sixth Street Mixed-Use......................................................................................... 25 Section D - Sixth Street Mixed Use and Low -Density Residential ......................................... 25 Section E - Fifth, Sixth, Seventh, Ninth, and Tenth Low -Density Residential ........................ 26 SectionF - Avenue U Low -Density Residential....................................................................... 26 Section G - 9th and 10th Streets Mixed Use........................................................................... 29 Section H - Main Street Mixed Use......................................................................................... 30 Section I - Avenue U Mixed Use.............................................................................................. 30 Section J - Avenue V Mixed Use and Low -Density Residential .............................................. 31 Section K - Avenues W and X and Any New 50 Foot Street Mixed Use ................................. 31 Section L - Avenues R, S, and T - Low -Density Residential.................................................... 37 Street Cross Sections Location Key Map............................................................................... 48 Overton Park Public Improvements Site Design Guidelines v1 CHAPTER 1: INTRODUCTION Overview The vision for Overton Park is to create a livable mixed -use community with unique character and charm in the heart of Lubbock, Texas. The community will be built around pedestrian friendly streets with large canopy trees and pedestrian connections to public transportation, shopping, restaurants, a neighborhood park, downtown Lubbock and Texas Tech University. The Overton Park development will include two primary types of land uses and densities as illustrated on in Figure 1: "Overton Park Proposed Land Use." In general, the western segment of Overton Park is proposed to be a commercial, mixed -use, and/or high -density residential area of development that will allow multiple needs to be met in a concentrated area. For the purposes of this document, this area will be called "Mixed Use." The single-family residential neighborhood is to be located in the eastern portion of the development, anchored by Pioneer Park and Ramirez Elementary School. In this document, this area will be referred to as "Low -Density Residential." The two areas are intersected by a grid of gateway streets providing a transportation and organizational framework for the neighborhood. Although the different land use areas are roughly defined geographically (mixed -use and high -density residential on the west, single-family on the east), the guidelines in this document are designed to apply wherever those types of land uses appear. More specific information about each of the land use densities and street types is found in the "Mixed -Use Area Guidelines" and "Low -Density Residential Area Guidelines" Chapters. This document, The Overton Park Site Design Guidelines, is part of a series of documents that will help the City of Lubbock, McDougal Companies, and other developers, builders and tenants reach this vision. The documents described in the following sections provide a comprehensive design concept for Overton Park. Overton Park Public Improvements Site Design Guidelines 1 LEGEND a�w MIXED USE LOW DENSITY RESIDEWAL F U T U R E M A R S H A S H A R P F R E E 0 VIP n n rr - 1 71 ■ 1. 1f 61,11711 M �I■I■ MOL,713 -1-HIERN �■i �__ nnnn� Figure 1 - Overton Park Proposed Land Use a W Overton Park Public Improvements Site Design Guidelines 2 The Documents A complex development project such as Overton Park needs a variety of documents, both guidelines and binding agreements, to meet the needs of all parties. Figure 2: "Overton Park Review Process" outlines the interrelationship of all of these documents. Two documents contain design standards for the development. The Overton Park Design Guidelines are generally for the private properties within the project and this document, The Overton Park Public Improvements Design Guidelines, are largely for the public spaces and right-of-way. Atypical land development project in the Overton Park project will include references to both documents: • OVERTON PARK DESIGN GUIDELINES, a product of the McDougal Companies, control the relationship between architecture and site improvements on the privately owned lots of the development. These guidelines detail appropriate architectural styles, architectural massing, facade materials and colors, acceptable accessory structures, signage, building and site lighting, and walkway, driveway and landscaping requirements within the boundaries of private property. The McDougal Companies' Overton Park Design Review Committee will meet as needed to review plans. Elements from this private site plan review committee's findings may be incorporated into the zone case for each property, adding a level of oversight by the City of Lubbock. Land Purchased by Developer Overton Park Site Design Guidelines Overton Park Architectural Design Zoning Ordinance Guidelines Developer / TIF Deed Restrictions Memorandum of Understanding McDougal Properties Source City of Lubbock Developer Regulates City of Lubbock Current Land Owner Developer Future Land Owner Builder Private Property Relates to Public Right of Way Overton Park Source of City Design and/or Design Review Committee Design Control Site Plan Review City Site Plan Review Developer's Agreement and/or Civil Action Zoning Figure 2 - Overton Park Review Process • OVERTON PARK PUBLIC IMPROVEMENTS SITE DESIGN GUIDELINES, administered by the City of Lubbock, control the public spaces and street right-of-ways of Overton Park, creating a comprehensive design framework for the development. These guidelines address in detail the design vision, street framework, streetscape design standards, street tree and landscape standards, and site amenities for Overton Park Public Improvements Site Design Guidelines 3 LEGEND 1, ■ ■ ■ 1 T.I.F. BOUNDARY -- k Cr w f� Z w �-� -IF --1-----:.-- -- B R 0 A D W A Y -.--I 19----------ICI � i�� Figure 3 - Tax Increment Finance District Boundary Overton Park Public Improvements Site Design Guidelines 4 the public portions of the project. These guidelines will apply within the Tax Increment Finance District (TIF) boundary. Figure 3: "Tax Increment Finance District Boundary" illustrates the current TIF boundary. Three additional documents provide enforcement mechanisms through a variety of legal means: • DEED RESTRICTIONS are limitations within a deed that control the use of the property. Deed restrictions travel with the property title, and cannot generally be removed by new owners. Deed restrictions may cover topics as diverse as maximum floor area to land area ratio, maximum building height, building setbacks, permissible building uses, parking standards, site access locations, building location requirements, building elevation requirements including acceptable exterior materials, accessory structures, signage, landscape, site lighting, and other design requirements. The McDougal Companies will place deed restrictions on each property in Overton Park as part of the sale. • ZONING ORDINANCE. As each piece of property in the development is rezoned, a requirement due to consolidation of parcels, street and alley closings and changing uses of the property, specific details from each of the above documents may be included in the zone case for a particular piece of land. This adds an additional level of review and enforcement by the City of Lubbock. • DEVELOPER'S AGREEMENT BETWEEN DEVELOPERS AND THE NORTH OVERTON TAX INCREMENT FINANCE DISTRICT. Whenever Tax Increment Finance (TIF) District funds are to be expended on public improvements adjacent to a parcel of land in Overton Park, the developer and the TIF District Board sign a Developer's Agreement that outlines the responsibilities of each party. This binding agreement also may incorporate specific details from each of the above documents. If a Public Improvement District (PID) is created for Overton Park, similar agreements may be used. Using the Overton Park Public Improvements Site Design Guidelines Property owners planning projects in or adjacent to the right- of-way should hold a pre -application conference with the City of Lubbock Senior Planner. Prior to issuance of a permit or agreement, the Senior Planner, in consultation with other city staff members, will determine if the proposed project meets the intent of the Overton Park Public Improvements Site Design Guidelines. If the Senior Planner determines that a proposal contains unique circumstances that cannot be accommodated by the standards of the Overton Park Public Improvements Site Design Guidelines, the plans will be referred to the Urban Design and Historic Preservation Commission (UDHPC). Upon recommendation by the Commission, the Senior Planner may vary the requirements of the Site Design Guidelines so long Overton Park Public Improvements Site Design Guidelines 5 as the requirements of the Zoning Ordinance or any other applicable codes are not altered. Even if recommended by the UDHPC, the Zoning Board of Adjustment must approve variances from requirements of the Zoning Ordinance. Any variations from any other city codes must follow the review and appeal process in that code. History of North Overton The Overton Addition to the City of Lubbock was established in 1907 on a tract of land just west of the existing "town site." It was the first major real estate operation in town, offering the opportunity to double the size of the existing village. Lots offered by Dr. M.C. Overton sold at a steady pace, but a good portion of the land was sold in large tracts for future development. The first houses were built in 1907. Broadway, the main street of the addition, became a fashionable street on which many prominent Lubbock residents built their homes. By the 1920's, the Overton Addition became an integrated part of Lubbock through paving projects and the annexation of all its land to the City. The opening of Texas Technological College along the western boundary of the neighborhood in 1925 enhanced the development. As a result, the western part of Overton served the new college population. Boarding houses dotted the area and a variety of businesses catering to the college trade developed along College Avenue (now University Avenue). Tech professors and staff also built homes conveniently located to their work. The neighborhood that developed fully by late 1930's was generally middle class, with home ownership predominating. Most of the North Overton houses still standing in 2000 were constructed before 1940, and many were from the initial years of the Federal Housing Administration (FHA) loan programs. The post-war attendance boom at Texas Tech created a shortage of student housing. Although non -conforming apartments were not legal under the city zoning ordinances, there was a tacit agreement between homeowners and the City of Lubbock that allowed the conversion and leasing of apartments without permits or conformity to city building codes. This decision created many of the substandard units that plagued the North Overton neighborhood throughout its later years. Rental property became an important part of the Overton scene as an increasing number of owners moved to south and southwest Lubbock. Owners continued to convert garages into apartment and subdivide houses, and the population density of the neighborhood increased. By 1960, rising enrollment at Texas Tech encouraged a rash of apartment buildings. Most apartment complexes in the area were built before the 1975 zoning ordinance placed increased parking and landscaping requirements on such developments. This influx of rental housing eliminated much single-family housing, causing traffic and parking congestion, and introduced a transient population that weakened the stability of the area. Speculation became an important part of the real estate market in North Overton, where whole blocks of houses were bought up in anticipation of massive profits from apartment complexes. Overton Park Public Improvements Site Design Guidelines 6 Spot zoning began to destroy the stability of the neighborhood as the threat of encroaching high -density apartments and large concentrations of college students frightened older residents into selling out. By the 1980's, the Lubbock City Council recognized that the passage of time, market trends, and land use changes had created severe pressures on North Overton, and felt there was an urgent need to analyze the problems and potential of the area. As a result, the Council appointed the Overton North Study Committee in 1982. In general, the Committee noted that in the 1970's and 1980's: • North Overton had changed from a fairly stable single-family residential neighborhood to a high -density, renter -occupied,. deteriorating area; • Increased out of town ownership and/or management of housing, both apartments and single-family rentals had diluted pride of ownership in the area; • Apartment complexes with inadequate parking were scattered across the area, isolating single-family residences and increasing congestion; • Weeds, abandoned vehicles and trash were common; and • Crime statistics were high. In spite of the efforts of this Committee, conditions in North Overton changed little over the next two decades. Deterioration, vandalism, overcrowding, and crime were the words people typically used to describe the area. The McDougal Companies and Overton Park In July 1999, Delbert McDougal, Chief Executive Officer of McDougal Companies, announced plans for "The Centre." This massive project for the more than 300 acre North Overton area is the largest privately funded redevelopment project in the nation. The area will include mixed -use development, apartments, and single-family residential. Plans continue to evolve for the area now known as Overton Park. According to the Lubbock Avalanche -Journal, a completed Overton Park will return $200-300 million worth of taxable structures to the rolls, which will benefit the city, county and Lubbock Independent School District. Demolition of existing properties began on the west end of the project, nearest Texas Tech. The first project to be built was a 240-unit student housing complex owned by Sterling University Properties that opened in 2003. Construction is underway for another similar project for the same company just west of the current facility. By mid-2003, demolition of most existing buildings was complete west of Avenue U. In the Fall of 2003, McDougal Cos. broke ground on'The Centre at Overton Park, a $26 million hybrid retail/apartment complex that will serve as the gateway to the area. Completion of the 618,000 square foot building is expected by Spring 2005. The facility will include ground floor retail space, 288 apartment units and a four-story parking garage. Other facilities, including a City Bank branch, will begin construction by the end of 2003. Overton Park Public Improvements Site Design Guidelines 7 CHAPTER 2: OVERTON PARK CHARACTER AND ORGANIZATION Introduction One way that the vision for Overton Park will be realized is by establishing a framework of gateway streets and entrances with a cohesive landscape and streetscape theme. A variety of methods will reinforce the idea that Overton Park is a special place, including gateway monuments and public art, distinctive landscape features, and use of coordinated pavement, lighting, benches and other amenities along these gateway streets. Street Tree Framework In order to establish a consistent design concept for public spaces in Overton Park, Figure 4: "Street Tree Framework Plan," specifies specific tree species for each interior street and at each intersection. Public improvement designs for University Avenue and Marsha Sharp Freeway will be developed at a later date. There are generally four areas where trees are located in Overton Park: on private property, in planter pockets in the right-of-way in mixed -used areas, in the parkway in low -density residential areas, and in bulb -outs between on -street parking areas on selected streets. See Figure 5: "Public Landscape Areas by Type." Figure 6: "Street Tree Intersection Detail," illustrates the transition between tree species at intersections. Bulb -outs may be planted with ornamental trees or with the tree specified in the Street Tree Framework, depending on spacing. A list of approved trees for each category is included in Appendix B. Street Tree Planting Guidelines The following general street tree guidelines apply to all streets in Overton Park and should be used with Figure 4: "Street Tree Framework Plan" in developing landscape plans. • Street trees are required along all streets in Overton Park. Plant street trees generally 25' on center along a street block with allowance for variations in spacing for curb cuts, alleys and drives. Trees must be aligned and in straight rows, parallel to the curb and centered in the space in which they are planted. Align trees across the street and space them evenly along the block in relationship to each other and to the street centerline. • Figure 4: "Street Tree Framework Plan" designates street tree species to be used throughout Overton Park. Trees must have a minimum 3" caliper as measured by standard nursery practices. Overton Park Public Improvements Site Design Guidelines 8 D z w V) Of w > z Z) LEGEND ® RED OAK CEDAR ELM UVE OAK BALD CYPRESS BUR OAK ® CHINESE PISTACHE i 10th STREET i i i 1 1 - - u................... -.-.-........ 10th STREET z z z W W W ( M A I N S T R E E T i MAIN S T R E E T i i i i i i BROA1IDWAY Figure 4 - Street Tree Framework Plan i �CY w Z) z w ¢ Overton Park Public Improvements Site Design Guidelines 9 LEGEND BULB OUT ON WEST SIDE ONLY, PARKWAY ON EAST SIDE BULB OUT ON BOTH SIDES PARKWAYS PLANTER POCKETS PLANTER POCKET ON NORTH SIDE, PARKWAY ON SOUTH BULB OUT AND PLANTER POCKET F U T U R E M A R S H A } i , I;e , ICI I C ,II IIG , 1III Iar�w— if- Figure 5 - Public Landscape Areas by Type Overton Park Public Improvements Site Design Guidelines 10 All street trees shall be irrigated. Irrigation systems must be installed and tested prior to the installation of any plant material. Existing trees and their root systems should be protected during construction through the use of barricades and fencing. All trees in the right-of-way should be pruned so that no foliage is less than 6 feet from the ground. No trees may be planted in the visibility triangle as defined in the Lubbock Code of Ordinances, Section 29-30(i) See Figure 6: "Street Tree Intersection Detail' and Figure 7. "Right -of -Way Landscape Visibility Requirements." Visibility Triangle Cutoff Street Tree Type Tree Type at Intersection Face of Building -Property Line Figure 6 - Street Tree Intersection Detail • The preferred condition for placement of street trees in Mixed Use areas is in planter pockets surrounded by hard surface paving materials. The minimum size of a planter pocket is 4'x8' but when space allows, the planter pocket shall be 5'xl 0'. See Figure 8: "Planter Pocket Detail." • The preferred condition for placement of street trees in Low -Density Residential areas is that the tree be centered in landscaping in the parkway. The parkway is defined as the area between the back of curb and the face of sidewalk. Hard surface materials are only allowed in residential parkways for driveways and sidewalk access to a residential yard. See Figure 9: "Parkway Detail." • Bulb -outs may be installed along certain streets for traffic calming and to delineate parking spaces. Generally, bulb - outs should be spaced 50 feet on center, though variations may occur due to utilities and other obstructions. Bulb - outs should be 12 feet parallel to the flow of traffic and 6 feet deep behind the curb line to allow adequate space for a 4-foot by 8-foot planter bed surrounded by a 24" wide hardscape apron. If street right-of-way does not allow for these dimensions, bulb -outs must be at least 6 feet square to accommodate a 4-foot square tree grate with a 24" hardscape apron. See Figure 10: 'Bulb -out Detail." Overton Park Public Improvements Site Design Guidelines 11 Right -of -Way Landscape Guidelines The following general landscape guidelines apply to all streets in Overton Park. Coordination of landscape and paving materials in adjacent public and private areas will be detailed in the Developer-TIF Developer's Agreement and/or the Zoning Ordinance for a particular piece of property where necessary. • All plant material shall be irrigated. Irrigation systems must be installed and tested prior to the installation of any plant material. Irrigation systems should utilize drip irrigation, subsurface irrigation or other water conserving methods or technologies where possible. • Plantings should be a combination of turf and planting beds containing low maintenance shrubs, ornamental grasses and groundcovers. Climatically adapted plant species should predominate for hardiness in urban conditions and to minimize maintenance. See Appendix B for a list of approved plant materials for Overton Park. • Turf should be used in Low -Density Residential parkways and may be used in other planting areas exceeding 400 square feet. • Trees, shrubs, ornamental grasses and groundcovers of the same species should be massed in groupings. Individual plants should only be singularly planted when the intent is to highlight the species due to its unique color or form. • A balance of trees, shrubs, ornamental grasses and groundcover is encouraged. • The use of flowering or brightly colored foliage will create color and interest. Seasonal color is encouraged as an accent to permanent bed plantings. • The use of shade trees in and around surface parking lots, streets and other large areas of paving is encouraged. The use of deciduous trees on south and west sides of buildings and public use areas add shade in the summer and allow filtered light in the winter. • Horizontal and vertical layering of plant material creates spatial dimension and interest. Planting layers should differentiate between height, color, texture, contrast and movement. • Plant materials other than trees in the right-of-way may not exceed 2 to 3 feet in height as required by the Lubbock Code of Ordinances, Section 29-30(i). See Figure 7: "Right -of - Way Landscape Visibility Requirements." • Dress planting beds with a minimum of 3" of shredded cedar bark mulch to retain soil moisture, establish healthy root systems and reduce weeds. Overton Park Public Improvements Site Design Guidelines 12 Corner View Obstruction Section 29-30 (i), Lubbock Code of Ordinances Visibility Triangle property line curb parkway area Mid -Block 3' clear zone • No trees may be planted in the visibility triangle. • Trees in the parkway or overhanging the parking area • Maximum height for any fence or other object in this must be trimmed so that no foliage is less than 6 feet area is 2 feet from the ground. • No evergreen or coniferous trees are allowed. • Maximum height for other plants is 3 feet. Figure 7 - Right -of -Way Landscape Visibility Requirements Overton Park Public Improvements Site Design Guidelines 13 Building Face Property Line Planter Pocket Figure 8 - Planter Pocket Detail Street Tree Parkway Street Tree Figure 9 - Parkway Detail Overton Park Public Improvements Site Design Guidelines 14 Figure 10 - Bulb Out Detail Overton Park Public Improvements Site Design Guidelines 15 Street Signage Standard street signs, stop signs, parking signs, and directional and informational signs should be coordinated to establish the Overton Park neighborhood character. The careful placement of such signage to ensure a clear pedestrian pathway is also important. Street Sign and Other Signage Standard Requirements: • A decorative logo indicative of the Overton Park District will be included on each street number or name sign, and decorative metal finial will cap each sign pole. Designs for both will be provided by the City of Lubbock. Street sign and traffic control poles will be painted to match the Landscape Forms "Stormcloud" benches and trash receptacles in th District. Matching color is Sherwin Williams SW2140 "Sealskin" High Gloss Enamel. • Street signs shall be green with whi lettering. Sign material shall conforr to City Of Lubbock sheeting materiE standards. the rest of the street amenities. See Figure 11: "Typical Street Signage." However, all devices must be installed in accordance with the latest edition of the Texas Manual of Uniform Traffic Control Devices. Bus Stop Shelter Bus stop structures may be located on gateway streets or in the Mixed Use areas. In Overton Park, shelters should relate architecturally to their surroundings and serve as focal points for the urban environment. Materials shall be compatible with those specified in the deed restrictions and design standards for the surrounding properties. Bus shelter plans must be approved by the City of Lubbock during the permit and contract review process detailed in Chapter 1. See Figure 12: "Bus Shelter Concept." Figure 12 - Bus Shelter Concept • Installation Requirements: Signs 4 should be installed in a visually Figure 11 -Typical pleasing manner that coordinates with Street Signage Overton Park Public Improvements Site Design Guidelines 16 Utilities Traffic signal boxes, transformers, telephone switching boxes and other utility structures should be located underground if possible. When they cannot be located underground they should be located out of important view corridors or entry points to buildings and screened behind plantings, fences or walls. Utilities should be placed to avoid trees and not disrupt their alignment or spacing. Overton Park Public Improvements Site Design Guidelines 17 CHAPTER 3: OVERTON PARK GATEWAYS AND GATEWAY STREETS Neighborhood Gateways Gateways are entry points that create neighborhood identity and are mainly ceremonial in nature. They offer the opportunity to identify and distinguish one community from another through the use of architectural monuments and/or special treatments within the public right-of-way. They are important because they give the first impression of the community. Gateway entry points receive special treatment, including monuments such as walls or archways, plantings, lighting, specialty paving and other related improvements to make them distinctive and unique in character. Overton Park has two primary gateway entry points at the intersections of Glenna Goodacre Boulevard (formerly 8th Street) and University Avenue and Glenna Goodacre Boulevard and Avenue Q. The location of these primary gateways on each end of Glenna Goodacre Boulevard, which will have a wide right-of-way width and be a divided boulevard with a landscaped median, offers a unique opportunity to create a distinguished gateway feature with special materials and unique detailing. The design and detailing of these gateway features will be developed as TIF funds are available for construction. Four secondary gateway entry points are located on less important entrances to the neighborhood. The intersections of the Marsha Sharp Freeway and Avenue U, Broadway Figure 13 - Examples of Secondary Gateway Markers Overton Park Public Improvements Site Design Guidelines 18 and Avenue U, 6th Street and Avenue Q and 6th Street and University Avenue are all secondary gateway entry points. Secondary gateway entry points should be of a similar nature and character as the primary gateway entry points but of a lesser scale and articulation. Figure 13: "Examples of Secondary Gateway Markers" shows some examples in other cities. Gateway Streets Gateway streets, marked by gateway features, are the major through streets connecting Overton Park to downtown, Texas Tech University, The Marsha Sharp Freeway and Broadway. Gateway streets have higher volume vehicular carrying capacities and designated bicycle lanes. Because of their traffic carrying capacity, these streets should have less frequent vehicular access points, i.e. curb cuts. The primary gateway street in Overton Park is Glenna Goodacre Boulevard (formerly 8th Street), which will be a boulevard divided by a landscaped median and have other special features signifying its role. Other gateway streets are Sixth Street and Avenue U, which fully traverse the development. See Figure 14: "Gateway Streets." Special pedestrian crossings, including different paving, will add to the visual diversity of the street and promote safety. Specialty paving will further define the intersections. See Figure 15: "Typical Gateway Street Pedestrian Crossing." Figure 15 - Typical Gateway Street Pedestrian Crossing Glenna Goodacre Boulevard (8th Street) Glenna Goodacre Boulevard, formerly Eighth Street, is the primary gateway street connecting Overton Park to downtown Lubbock and Texas Tech University. It is the backbone of the community, with a landscaped median, wider right-of-way and unique conditions and features. Major gateway features will anchor the street at its intersection with University Avenue and Avenue Q. The Glenna Goodacre Boulevard right-of-way supports two vehicular lanes in each direction and on street parking in both directions. See: • Section A: "Glenna Goodacre Boulevard Mixed Use" • Section B: "Glenna Goodacre Boulevard Low -Density Residential." Overton Park Public Improvements Site Design Guidelines 19 F U T U R E M A R h_STREET, GLENNA C001DACRE BMVO A S H A R P F R E E W A Y F4 IE Figure 14 - Gateway Streets Bth STREET/ Overton Park Public Improvements Site Design Guidelines 20 Section A - Glenna Goodacre Boulevard Mixed Use Section B - Glenna Goodacre Boulevard Low -Density Residential Overton Park Public Improvements Site Design Guidelines 21 Because it is a major area of visual interest, it is very important that the median have a coordinated look, from landscaping to planting to other street amenities. Large canopy trees will line each side of the median, which will have a bicycle and pedestrian path down the center. The median will not accommodate turn lanes. A bicycle/pedestrian path in the median will add to the visual diversity of Glenna Goodacre Boulevard and promote safety. Where the bicycle and pedestrian path intersects a street, crossing markers and specialty paving will define the intersection. Crossings will include bollards and appropriate signage. See Figure 16: "Glenna Goodacre Boulevard Median Pedestrian and Bicycle Crossing." Figure 16 - Glenna Goodacre Boulevard Median Pedestrian and Bicycle Crossing The general guidelines for street tree planting and the specific guidelines for landscaping for gateway streets detailed earlier in this Chapter will apply to Glenna Goodacre Boulevard. Because of its prominent position within the development, the boulevard will also have additional enhancements as noted below: Glenna Goodacre Boulevard Amenities Although the adjacent block faces along Glenna Goodacre Boulevard will be landscaped according to the general area in which they are located (Mixed Use or Single -Family Residential), it is important that the boulevard median have continuity along its length to create a distinct and coordinated atmosphere for the major street of the development. • A double row of trees in the Glenna Goodacre Boulevard median will be planted according to the planting plan developed during the street design. An example of how the median might look is found in Figure 17: "Glenna Goodacre Boulevard Median Planting Concept." • Specialty paving, such as enhanced crosswalk treatments, as specified in the mixed -use Section of this document should be used along the length of Glenna Goodacre Boulevard. • Increased levels of pedestrian and vehicular lighting, street furnishings and other amenities should distinguish this major street from the rest of the master plan. In addition to the benches, trash receptacles and bike racks in the Overton Park Public Improvements Site Design Guidelines 22 Figure 17 - Glenna Goodacre Boulevard Median Planting Concept commercial, mixed -use, high -density residential portion of the Glenna Goodacre Boulevard, the following amenities are to be placed in every block of the median: —Four benches —Two trash receptacles —One bicycle rack Glenna Goodacre Boulevard Pedestrian and Vehicular Lighting Guidelines Lighting is important both for safety and for the ambiance of the neighborhood. Pedestrian level lighting further reinforces the human scale of the neighborhood and encourages outdoor activity. Appropriate lighting levels enhance activities such as outdoor dining. Pedestrian and vehicular light standards are specified in Appendix A - Site Furnishings Standards. • Pedestrian light poles should generally be spaced evenly in relationship to the street trees and planter pockets or parkway. They should be located every 75 feet along each side of the street and on alternating sides of the median. • Vehicular lighting should be spaced every 200 feet along each side of the length of Glenna Goodacre Boulevard. • Both pedestrian and vehicular poles should include provisions for mounting banners and lighted seasonal decorations. • Provision for electrical receptacles integrated into the poles for power at each pedestrian and vehicular lighting pole should be included in the lighting design for Glenna Goodacre Boulevard. Glenna Goodacre Boulevard Ellipse An unusual intersection occurs in Overton Park at Glenna Goodacre Boulevard and Avenue T south of Ramirez Elementary School. Widening of the right-of-way at this point produces a variation in the Glenna Goodacre Boulevard median in the form of an ellipse. It is envisioned that the ellipse will continue the features of the Glenna Goodacre Boulevard median, including the bicycle and pedestrian path, along with additional enhancements. The resulting space will highlight Overton Park Public Improvements Site Design Guidelines 23 the school entrance and further enhance the residential neighborhood. Figure 18: "Ellipse Design Concept" details ideas for ellipse design. MONUMIxNT I C. I v I G" Pearose CAP** V.44q rL Figure 18 - Ellipse Design Concept Sixth Street and Avenue U Sixth Street and Avenue U are secondary gateway streets, connecting Overton Park to downtown at the Civic Center, Texas Tech University at Jones SBC Stadium, the Marsha Sharp Freeway and Broadway. Gateway monument features will be created at these entries into the neighborhood, though at a lesser scale and detail than the primary gateway monument features at Glenna Goodacre Boulevard. The undivided right-of-way on these streets supports one vehicular lane and one bicycle lane in each direction. 6th Street and Avenue U both include on -street parking in both directions. Specialty paving at intersections will further delineate these gateway streets. The general guidelines for street tree planting and the specific guidelines for landscaping for gateway streets detailed earlier in this Chapter will apply to 6th Street and Avenue U. Lighting and streetscape amenity standards for 6th Street and Avenue U should be applied according to the adjacent land use Section (Mixed -Use or Low -Density Residential). See: • Section C: "Sixth Street Mixed -Use," • Section D: Sixth Street Mixed Use and Low -Density Residential", • Section E. "Low -Density Residential," and • Section F. "Avenue U Low -Density Residential." Appendix C is the key map for the location of these sections. Overton Park Public Improvements Site Design Guidelines 24 Section C - Sixth Street Mixed -Use Section D - Sixth Street Mixed Use and Low -Density Residential Overton Park Public Improvements Site Design Guidelines 25 Section E - Fifth, Sixth, Seventh, Ninth, and Tenth Low -Density Residential a s" SETBACK 5'-0" s 5'-0" 24'-0" 5'-0" 5'-0" SETBACK ZONE WALK BIKE LANE BIKE LANE WALK ZONE 8'-011 " PARKWAY PARKWAY 60'-0" RIGHT OF WAY Section F - Avenue U Low -Density Residential Overton Park Public Improvements Site Design Guidelines 26 Rotaries Rotaries, or traffic round-abouts, are planned for several intersections on gateway streets for traffic calming and improved traffic circulation. Often surrounded by special paving treatments, rotaries are focal points in the urban fabric that enhance the unique character of the neighborhood and further contribute to neighborhood identity. Features such as obelisks, public art, and enhanced landscape features should be used at the center of the rotaries. See Figure 19: "Rotary Design Concept" for examples of rotaries. Rotaries should be designed as raised features with a "platform" type of base and taller features in the center. This creates visual screening of the axis of the intersecting roads, which further slows traffic on long straight stretches of street. The center should be the highest elevation and features placed there should be used for visually enriching the environment as well WA W Figure 19 - Rotary Design Concept as screening the adjacent streets. Rotaries are not intended for pedestrian access. However, they should be surrounded by a sloped five-foot decorative hard surface edge for improved emergency vehicle access. From a circulation perspective, rotaries in Overton Park provide an efficient and safe way of slowing vehicular traffic. Traffic Engineering studies show that the net effect of a rotary intersection, which slows traffic without actually stopping it, is that slower speeds are sustained for about one half -block. In comparison, vehicles leaving a stop sign often speed from the stop. Rotaries tend to discourage cut -through traffic, which will be an asset to the planned pedestrian -oriented residential area. Public Art and Ornamentation Public art is a major component in creating a community's visual image and can also contribute to a sense of unique neighborhood identity. Public art is an element that makes places memorable. In Overton Park, public scale sculpture, architectural trellises, obelisks, pavilions and similar symbolic structures will add interest to the neighborhood if used along the Glenna Goodacre Boulevard median and ellipse and at the center of rotaries, Overton Park Public Improvements Site Design Guidelines 27 CHAPTER 4: MIXED USE AREA GUIDELINES The western portion of Overton Park is proposed to be a commercial, mixed -use and high -density area of development. However, these guidelines would apply to any area of the development designated as commercial, mixed -use or as multi- family residential. For convenience sake, these land uses are referred to as "Mixed Use" in this document. Traditional freestanding commercial uses will be found primarily along University Avenue. Mixed -use development allows multiple needs to be met in a concentrated area by combining retail, office and multi -family residential on a single development lot. The concept of retail on the first floor and residential on the upper floors, as opposed to retail in large shopping malls, allows for a pedestrian friendly community. It is essential that high -density housing is located within walking distance of commercial and retail uses for the master plan to function as designed. Because of its location near Texas Tech University, downtown Lubbock, and the Marsha Sharp Freeway, the new development will attract interest and draw people to it, creating potential for growth in number and diversity of business opportunities and destinations. Streetscape Design Guidelines In the mixed -use and multi -family areas of Overton Park, the streets include amenities and activities conducive to an active and energetic urban setting. The combination of retail, office and residential uses serves as the catalyst to activate the street. Wide sidewalks, street trees and furnishings, extensive landscaping and use of a variety of hard surface materials add visual interest to the streetscape. Streets in the mixed -use, high -density residential areas carry vehicular traffic at slower speeds than the gateway streets. They include on -street parking for adjacent businesses and generous sidewalks to accommodate high volumes of pedestrian traffic. Enhanced pedestrian crossings at intersections allow for pedestrian movement and help to slow traffic. The relationship between public spaces (street and sidewalk) and private spaces (buildings and outdoor courtyards and dining areas) is particularly important in areas of high pedestrian movement. Buildings should be set back a minimum of 7 feet to as much as 14 feet from the property line to create an urban atmosphere conducive to on -street activities. However, a continuous street wall is encouraged. Buildings close to the property line give the street a sense of enclosure and containment. Increased setback of portions of an individual building could allow special entry courts and outside seating and dining. Overton Park Public Improvements Site Design Guidelines 28 The right-of-way may be used for seating and tables as long as a minimum 5-foot pedestrian walkway is kept clear between the seating and any landscaping in the right-of-way. Such use will require a permit from the City of Lubbock. Coordination of landscape and paving materials between the public and private areas of each block will be addressed in the Developer-TIF Developer's Agreement and in each zone case. The following graphics illustrate both the design concepts discussed above and specific guidelines detailed below for each of the streets of the Mixed Use area. Differences in the graphics are primarily due to differing conditions, particularly right-of-way widths. n- Q* a- 0% See- • Section G: "91h and 10th Streets Mixed Use," • Section H: "Main Street Mixed Use, • Section 1: "Avenue V Mixed Use," • Section J: "Avenue V Mixed Use and Low -Density Residential," and • Section K. "Avenues W and X and Any New 50 Foot Street Mixed Use." Appendix C is the key map for the location of these sections. SETBACK ZONE OR 5'-0' 6'-6' 8'-0' 20'-0' 8'-0' 6'-6' 5'-0- EXISTING WALK PLANTER PARKING PARKING ff6' TER WALK SETBACK DEVELOPMENT POCKET KET ZONE MIXED USE 60'-0' RIGHT OF WAY PROPERTY PROPERTY LINE LINE Section G - 9th and 10th Streets Mixed Use Overton Park Public Improvements Site Design Guidelines 29 MIXED USE 8'-0" 6'-6" 8'-0" 22'-0" 6'-6" 8'-0" SZErBAAE K WALK POCKET PARKING P�K�ER WALK SETBACK ZONE 60'-0" RIGHT OF WAY Section H - Main Street Mixed Use WHERE USE AND SETBACK PERMITS, CENTER TREE BETWEEN EACH BULB OUT fi" 6'-6" 6'-0" 21'-0" 8'-0" 6'-6" SETBACK SETBACK MIXED USE ZONE WALK BULB OUT PARKWAY WALK ZONE MIXED USE 8'-0" PARKING 50'-0" RIGHT OF WAY MIXED USE PROPNTERTY PROPERTY Section I - Avenue U Mixed Use Overton Park Public Improvements Site Design Guidelines 30 PRIVACY FENCE — OR WALL STAGGERED WHERE USE AND SETBACK PERMITS, CENTER TREE BETWEEN EACH BULB OUT 116 0- om 6'-6' 6'-0' 21'-0' PLANTING WALK BULB OUT SamAREA 8'-0' ZONE PARKING 50'-0' RIGHT OF WAY .0% -% �% 0% � WrBACK LOW DENSITY 8'-0' lL ZONERESIDENTIAL ARKWAY WALK Section J - Avenue V Mixed Use and Low -Density Residential WHERE USE AND SETBACK PERMITS, — CENTER TREE BETWEEN EACH BULB OUT A Ae .49 P► DESIRED PRIVACY FENCE OR WAIL e STAGGERED 6• 6' 6'-6" 6'-0' 21'-0" 6'-0' 1 6'-6" p WALK BULB OUT BULB OUT WALK �NG AREAS MIXED USE SIDEWALK 8'-0' 8'-0" SIDEWALK MIXED USE SETBACK PARKING 50'-0" RIGHT OF WAY PARKING SETBACK ZONE ZONE PRARTY PR�RTY UNE Section K - Avenues W and X and Any New 50 Foot Street Mixed Use Overton Park Public Improvements Site Design Guidelines 31 Sidewalk and Specialty Paving Design Guidelines Sidewalks and related pavement elements such as cross walks direct movement, define space and provide for safety. Specialty paving adds visual interest and articulate special landscape features. In Overton Park, differing paving patterns and materials will identify and separate the different zones of the sidewalk environment. For example, different brick patterns or different materials from the primary walkway should be used in the area between planter pockets. Sidewalk surfaces should present a consistent and unifying element in the district. Sidewalks will be built to existing City of Lubbock construction standards, though the Lubbock Building Board of Appeals can consider alternate styles. • The clear pedestrian path of the sidewalks in mixed -used areas of Overton Park should be at least 5 feet wide, with a total width (including planter pockets) of 9 to 10 feet or more. • Brick pavers should comprise 50 percent of the sidewalk surface area. Brick patterns should be consistent within sidewalk zones by block, for example, one pattern for the primary walkway and one pattern for the area between the planter pockets. See Figure 20: "Brick Pattern Examples" and Figure 21: "Sidewalk Design Concept." Sidewalk design and materials will be approved as part of the permit or contract review process. Figure 20 - Brick Pattern Examples Sidewalk Pavinq - Pattern A—\ �ii��l+�l�i■ 111111PINl01�11 1! Asa 1/iISO" �lrn N �I Sidewalk Paving - Pattern B Figure 21 - Sidewalk Design Concept Overton Park Public Improvements Site Design Guidelines 32 Obstructions such as water meter vaults or covers, plumbing clean outs, or any utility equipment should not be located within the sidewalk, and are best located in a planting bed. • Specialty paving should be used to extend the sidewalk visually across the street at intersections. All crosswalks shall be brick with concrete banding. See Figure 22: "Crosswalk Detail." .w Figure 22 - Crosswalk Detail Streetscape Amenities Street furnishings and other amenities conducive to high levels of pedestrian activity should be located in this area. The following amenities are to be placed on each block face: • Two benches Pedestrian and Vehicular Lighting Guidelines Lighting is important both for safety and for the ambiance of the neighborhood. Pedestrian level lighting further reinforces the human scale of the neighborhood and encourages outdoor activity. Appropriate lighting levels enhance activities such as outdoor dining. Pedestrian and vehicular light standards are specified in Appendix A. • Pedestrian light poles should generally be spaced evenly in relationship to the street trees and planter pockets or parkway. They should be located every 75 feet along each side of the street and on alternating sides of the median. • Vehicular lighting should be spaced generally every 300 feet along each side of each street, with lighting at each intersection. • Both pedestrian and vehicular poles should include provisions for mounting banners and lighted seasonal decorations. Fencing Guidelines Fencing is primarily designed to separate public and private spaces. However, the types and heights of fencing contribute to the overall cohesiveness and "feel' of the neighborhood. • Two trash receptacles Although fences are located on private property, their • One bicycle rack appearance has a great impact on the adjacent public spaces. Overton Park Public Improvements Site Design Guidelines 33 The details of fencing adjacent to the public right-of-way may be negotiated in the Developer-TIF Developer's Agreement and the rezoning of the property according to these guidelines: • Only fences comprised of materials such as masonry, cast stone or wrought iron may be used in mixed -used, high - density residential areas. Ornamentation and pattern is encouraged. • No chain -link fencing is allowed unless fully screened from public areas and neighboring properties. (Example: a chain link dog run in a fully enclosed back yard.) • Long stretches of fencing should have offsets or variations in setback of at least 2 feet every 50 feet. • Holders of alcoholic beverage permits are required to separate outdoor patio areas from the sidewalk according to TABC regulations. These fences and gates must also follow the above guidelines. • The Lubbock Zoning Code governs the height and location of fences in the front yard and for corner lots. Screening, Buffering and Separation Guidelines It is important to create separation between spaces, define boundaries, buffer nuisances and screen unsightly objects. Such screening should separate parking areas from pedestrian areas and conceal uses such as dumpsters. Parking Lot Screening • When parking cannot be placed to the rear of the main building, the parking areas shall be screened by a three (3) foot high fence set back at least six (6) feet from the front property line. Where parking structures or lots are adjacent to buildings, a landscape buffer is encouraged. • The required fencing should be constructed of brick, stone, wood, stuccoed concrete masonry units or wrought iron. All fencing which is visible from a public area should be architecturally compatible with the primary structure. • The area between the fence and property line must be landscaped. Landscaping should include a mix of plant materials for year-round greenery. The use of seasonal color is encouraged. Except for trees, landscaping should not exceed the height of the screening fence. • No trees may be planted in the visibility triangle as defined in the Lubbock Code of Ordinances, Section 29-30(i). See Figure 7. "Right -of -Way Landscape Visibility Requirements." (Page 12) Overton Park Public Improvements Site Design Guidelines 34 Other screening • All above grade utilities, trash dumpsters and trash compactors shall be completely screened with structures that allow for service as well as screening. Each screening structure should be coordinated with the respective utility or service that is affected prior to being constructed. • Screening fences must be constructed of brick, stone, decorative concrete masonry units, stuccoed concrete masonry units, or ornamental metal (wrought iron, or steel or aluminum bars). • Enhanced entries into entrances, front or rear, with walls, gates or trellises, are encouraged. • All surface parking lots and parking structures shall be screened with a planting buffer at the sidewalk or finish grade level. Overton Park Public Improvements Site Design Guidelines 35 CHAPTER 5: LOW DENSITY RESIDENTIAL AREA A single-family residential neighborhood is proposed to be located in the eastern portion of Overton Park, though these guidelines would apply to any area designated as low density residential. Pioneer Park and Ramirez Elementary are centrally located in the residential neighborhood, allowing these open spaces to be shared by the entire neighborhood. The park provides a central gathering place for all residents, young and old alike, to interact, enjoy one another, and connect as a community. Bike paths located along gateway streets will enhance access to these open spaces. The Overton Park Design Guidelines Handbook, a separate development document provided by the McDougal Companies, provides more specific information about residential lot coverage and architectural styles. Residential gardens and backyards as well as common spaces with generous landscaping and sidewalks contribute to the project goal of creating an environment that is green and beautiful. Variety in terms of size, type, and architectural style of the houses will create a visually stimulating and architecturally satisfying environment. Streetscape Design Guidelines In Overton Park, narrow vehicular lanes with on -street parking characterize residential streets. Parkways allow for wide canopy trees, sidewalks encourage pedestrian activity, and shallow, well -landscaped front yards further contribute to the feeling of a cohesive residential community, distinguishing the area from a typical suburban development. The following graphics illustrate both the design concepts discussed above and specific guidelines detailed below for each of the streets of the Low -Density Residential area. Differences in the graphics are primarily due to differing conditions, particularly right-of-way widths. See: • Section E: "Low -Density Residential," • Section J: "Avenue V Mixed Use and Low -Density Residential" and • Section L: "Avenues R, S and T—Low-Density Residential". Appendix C is the key map for the location of these sections. Sidewalk Design Guidelines Concrete sidewalks with brick edging will be a cohesive element of the residential community. Sidewalks will be built to existing City of Lubbock construction standards unless the Lubbock Building Board of Appeals approves an alternative. • Sidewalks in the residential area will be 5 feet wide. Brick cross bands should be located at all sidewalk intersections, whether public (at block corners) or private (residential walkways). See Figure 23: "Low -Density Residential Sidewalk Details." Overton Park Public Improvements Site Design Guidelines 36 01 0+F5e, O� p' 6t6-6- ' LOW DENSITY SETBACK 5'-0- 6'-6' 30'-0' F5'-OV' SETBACK RESIDENTIAL ZONE WALK PARKWAY PARKWAY WALK ZONE 2'-0' 2'-0- PUBLIC 50'-0' RIGHT OF WAY PUBLIC EASEMENT EASEMENT Section L - Avenues R. S, and T - Low -Density Residential Figure 23 - Low -Density Residential Sidewalk Details LOW DENSITY RESIDENTIAL • Obstructions such as mailboxes, water meter vaults or covers, plumbing clean outs, or any utility equipment should not be located within the sidewalk, and are best located in a planting bed. Streetscape Amenities Street furnishings and other amenities are not required in the residential area. If such amenities are to be provided, they should follow the guidelines contained in the Mixed Use section. Overton Park Public Improvements Site Design Guidelines 37 Pedestrian and Vehicular Lighting Guidelines Lighting is important both for safety and for the ambiance of the neighborhood. Pedestrian level lighting further reinforces the human scale of the neighborhood and encourages outdoor activity. Pedestrian and vehicular light standards are specified in the Appendix. • Pedestrian light poles should generally be spaced evenly in relationship to the street trees and planter pockets or parkway. They should be located every 200 feet along each side of the street. • Vehicular lighting should be generally spaced every 300 feet alternating along each side of each street. Fencing Guidelines Fencing is primarily designed to separate public and private spaces. However, the types and heights of fencing contribute to the overall cohesiveness and "feel' of the neighborhood. • Only fences comprised of materials such as masonry, cast stone or wrought iron may be used in any front yard. Corner lot side yard fences adjacent to a street may be a combination of wood and masonry. • Ornamentation and pattern is encouraged. • Other fences may be constructed of wood, but must be constructed using metal posts with a concrete footing. No - chain link fencing is allowed unless fully screened from public areas and neighboring properties. (Example: a chain link dog run in a fully enclosed back yard.) • Any wood fencing shall be redwood or cedar and shall have a flat wood cap and band. No pickets are allowed. • The Lubbock Zoning Code governs the height and location of fences in the front yard and for corner lots. Overton Park Public Improvements Site Design Guidelines 38 APPENDIX A: SITE FURNISHINGS STANDARDS Site furnishings are a fundamental component to the success of the street and neighborhood. Furnishings allow places to sit, deposit trash and park bicycles. They provide light and information, both directional and identity. Site furnishings establish a community's character and identity. The following standards will establish consistent and distinctive site furnishings throughout the neighborhoods. Quantities and spacing of these amenities are specified in each Chapter. Brick Paver Brick pavers are required to add warmth and color and a distintive character to the neighborhood. Approved Brick Paver • Fired Clay Brick Paver Manufactured by: Kansas Brick & Tile Co., Hoisington, Kansas, 800-999-0480 Size: 4x8 Blend/Style: Old Colonial Solid Modular Pattern Laid: Varies Figure 24 - Approved Brick Paver Benches Benches can be placed in a variety of locations as long as they do not interfere with pedestrian circulation. Two bench styles are approved for variety in the streetscape, but all benches will be the same color and made of metal. Finishes must include rust inhibitors and be resistant to UV light, chipping and flaking. Approved Benches • Landscape Forms "Plainwell" Bench with Aluminum Seat and Center Arm; minimum 72 inch length; "Stormcloud" Color • Landscape Forms "Scarborough" Bench, Backed or Backless with Woven Seat and Center Arm; Minimum 72 inch Length; "Stormcloud" Color Figure 25 - Approved Benches Overton Park Public Improvements Site Design Guidelines 39 Trash Receptacles Trash receptacles shall be placed near benches, retail entrances and bus stops, but not placed right next to them due to unpleasant odors. Trash receptacles must be made of metal. Finishes must include rust inhibitors and be resistant to UV light, chipping and flaking. Approved Trash Receptacle • Landscape Forms "Scarborough" Top Opening, Vertical Strap Side Panel Trash Receptacle in "Stormcloud" color Figure 26 - Approved Trash Receptacle Bicycle Racks To encourage bicycle transportation, bicycle racks should be provided on all mixed -used and multi -family residential streets at key locations within the public right of way. Bicycle parking should be located near building entrances without blocking pedestrian circulation. Bicycle parking should be placed in clear view of storefront windows and near pedestrian level lighting to provide for informal surveillance. Bike racks shall be placed so that no part of the bicycle extends within 2'h' of the face of curb where on -street parking occurs. Finishes must include rust inhibitors and be resistant to UV light, chipping and flaking. Approved Bicycle Rack • Landscape Forms "Pi" Bicycle Rack in "Stormcloud" color Figure 27 - Approved Bicycle Rack Overton Park Public Improvements Site Design Guidelines 40 Tree Grates In rare instances where planter pockets cannot be of a size of sufficient space for plants, a cast iron tree grate may be used. The use of tree grates shall be approved prior to their installation. Approved Tree Grate • Ironsmith: "Conquistador 2". Color shall be natural unfinished gray iron. Figure 28 - Approved Tree Grate Trench Grates Trench grates are encouraged for use in site drainage in order to keep water from accumulating on pedestrian surfaces or in areas where surface drainage cannot adequately move water. Ideally, any major drainage from property adjacent to the right-of-way should be diverted under or through sidewalks as much as possible to minimize the impact of drainage over the pedestrian areas. Two trench grate systems are approved for use in the Overton Park Area. The first is a solid -faced trench cover that should be used if drainage in the trench has head pressure. An example of this type of drainage would be roof drains from adjacent building roofs. The trench cover must have a solid face in order to keep water from pushing through the trench face onto pedestrian pavements. The second approved trench grate system is a perforated grate system that will allow water without head pressure to flow through the trench and/or water into the trench through the perforated openings. Approved Solid Faced Trench Grates ■ Urban Accessories "Title Waves" grate with no perforations through the face of the grate. Color shall be natural unfinished gray iron. ■ Bass and Hays "Heavy Duty Trench Frame and Cover" with diamond pattern finish. Color shall be natural unfinished gray iron. Overton Park Public Improvements Site Design Guidelines 41 Approved Open Faced Trench Grates ■ Urban Accessories "Title Waves" grate with openings. Color shall be natural unfinished gray iron. ■ Ironsmith " Conquistador" grate with openings. Color shall be natural unfinished gray iron. ■ Ironsmith "Marina" grate with openings. Color shall be natural unfinished gray iron. * Open face Trench Grates will need to be chosen for each design scenario to comply with ADA guidelines. Figure 29 - Approved Trench Gate Vehicular & Pedestrian Lighting Lighting is important both for safety and for the ambiance of the neighborhood. Pedestrian level lighting further reinforces the human scale of the neighborhood and encourages outdoor activity. Three levels of lighting poles have been selected to provide flexibility in the public right-of-way: a low bollard pole, a medium pedestrian light pole and a tall vehicular or roadway lighting pole. In addition, a coordinating wall -mounted fixture is provided for use on private properties adjacent to the right-of- way. • Outdoor lighting shall include full cutoff and cutoff lighting fixtures as defined by the Illuminating Engineering Society of North America (IES). • All vehicular and pedestrian lighting in the Overton Park TIF District shall be metal halide to provide a white -colored light that is excellent for color clarity. • Poles for vehicular and pedestrian lighting in the Overton Park TIF District shall be spun concrete poles with an exposed aggregate finish. • Vehicular lighting poles along Glenna Goodacre Boulevard will include both inserts for banner arms and an outdoor - rated GFCI outlet mounted at the base of the lower banner arm for holiday lighting. Both the banner arms and the GFCI outlet can be "spun" into the standard poles and may be used in other areas in Overton Park if so desired. Overton Park Public Improvements Site Design Guidelines 42 Approved Pedestrian Lights • Poles -Stresscrete Inc. 13 foot (above grade) 'Washington", Spun -Concrete Light Pole; Model KWC13-G-T-E90. Saluki Bronze color. Direct -embed type installation. • Luminaires — King Luminaire Inc. "Washington" Luminaire; Model K118-LAR-II-100(MH)120-K-16. Light shall have internal louver mechanism to provide full cut-off to comply with "dark sky initiatives." Approved Vehicular Lights • Poles -Stresscrete Inc. 30 foot above grade 'Washington", Spun -Concrete Light Pole; Model KWH30-G-T-E90-GFI-BA; Saluki Bronze color. Direct -embed type installation. Light arms - KPL10-PR "Pipe" arms in a single configuration. Bronze color to match Landscape Forms "Stormcloud" color used on other amenities. • Luminaires — King Luminaire Inc. "New York" Pendant' Luminaire; Model K88-HGD-III-100(MH)-M0G-120. Bronze color to best match Landscape Forms "Stormcloud" color used on other amenities. �Mh Figure 30 - Approved Pedestrian Light & Pole, and Vehicular Lights Overton Park Public Improvements Site Design Guidelines 43 "Approved Bollard" • Stresscrete Inc. "Washington", Spun -Concrete Lit Bollard; Model KLCW-100(MH)-DB-E90. Saluki Bronze color. Figure 31 - Approved Bollard Approved Wall -Mounted Area Lights Some circumstances may call for flush -mount pedestrian or area lighting on building facades. If private property owners wish to coordinate with the streetscape lighting, the following is recommended: • Fixtures: King Luminaire Inc. "San Carlos" Wall Bracket; Model KA52-W. Bronze color to best match Landscape Forms "Stormcloud" color used on other amenities. • Luminaires — King Luminaire Inc. "Washington" Luminaire; Model K118-LAR-II-100(MH)120-K-16. Figure 32 - Approved Wall -Mounted Area Lights Overton Park Public Improvements Site Design Guidelines 44 APPENDIX B: PLANT MATERIAL APPROPRIATE FOR LUBBOCK, TEXAS Street Trees (Trees Within the Right of Way) Bald Cypress .................................................. Taxodium distihum Bur Oak ...................................................... Quercus macrocarpa Cedar Elm ......................................................... Ulmus crassifolia Chinese Pistache............................................ Pistacia chinensis Live Oak ......................................................... Quercus virginiana Red Oak ......................................................... Quercus shumardii Texas Red Oak .................................. Quercus buckleyii 'Texans' Other Street Tree Information • Coniferous pines or upright evergreens such as junipers and cedars are not allowed as street trees as they will obscure vision sight -lines as well as inhibit the navigability of sidewalks. • Where bulb -outs occur, either a street tree from street framework or an accent tree may be planted. However, an accent tree cannot be used to meet the 25' spacing requirement. • All street trees, whether in planter pockets, parkways, or bulbouts, shall be single-trunked. Accent Trees * These trees may be located in the right-of-way as well. However, they may not be used to fulfill the street tree (25' o. c.) requirement. Allee Lacebark Elm .................................. Ulmus parvifolia 'Allee' Bald Cypress ............................................... Taxodium distichum Crape Myrtle ................................................ Lagerstroemia indica Yaupon Holly...........................................................Ilex vomitoria Open Space Trees (Trees Outside of the Right of Way) * Street Tree Species listed are allowed to be used in this area as well. Chitalpa....................................................Chitalpa tashkentensis Desert Willow ..................................................... Chilopsis linearis Flowering Crab Apple ................................................. Malus spp. Mondell Pine.......................................................... Pinus eldarica Nellie Stevens Holly .............................. Ilex x `Nellie R. Stevens' Ornamental Pears ....................................................... Pyrus spp. Pecan.............................................................. Carya illinoinensis Pinyon Pine ..................................................... Pinus cembroides Russian Olive...........................................Elaeagnus angustifolia Shademaster Honeylocust .. Gleditsia triacanthos 'Shademaster' Texas Redbud ............................ Cercis canadensis var texensis Vitex............................................................... Vitex agnus-castus Washington Hawthorn .......................... Crataegus phaenopyrum Overton Park Public Improvements Site Design Guidelines 45 Street Shrubs 1 Low Height I Perennials (Plants within the Right -of -Way) Autumn Joy Sedum .................................. Sedum x `Autumn Joy' Autumn Sage.......................................................... Salvia greggii Brown -Eyed Susan .............................................. Rudbeckia hirta Compact Nandina........................................... Nandina compacts Coreposis............................................................. Coreopsis spp. Dianthus................................................................. Dianthus spp. Dwarf Yaupon ..........................................................Ilex vomitoria Indian Hawthorn..............................................Raphiolepis indica Lantana................................................................... Lantana spp. Manhattan Euonymous ................................................................ ....................................... Euonymous kaiutschovicus `Manhattan' Siberica Iris.................................................................Iris sabirica Stella de Oro Dwarf Daylily ...........Hemerocallis x `Stella de Oro' Texas Sage ........................................... Leucophyllum frutescens Winter Gem Boxwood ............... Buxus microphylla 'Winter Gem' Yarrow..................................................................... Achillea spp. Open Space Shrubs 1 Perennials (Plants outside the Right -of -Way) * All Species in Street Shrubs/Perennials are allowed to be used in this area as well. Abelia..............................................................Abelia Grandiflora Artemisia................................................................ Artemisia spp. Aster.............................................................................Aster spp. Barberry .................................................................. Barberry spp. Burford Holly............................................................. Ilex burfordii Butterfly Bush......................................................Buddleia davidii Dense Yew ........................................... Taxus media 'Desiformis' Forsythia...................................................... Forsythia intermedia Red Yucca..................................................Hesperaloe parviflora Rose (Multiple Varieties)...............................................Rosa spp. Russian Sage ............................................ Perovskia atriplicifolia Sedum.......................................................................Sedum spp. Silverberry ...................................................... Eleagnus ebbingei Spirea............................................................... Spirea vanhouttei Yellow Yucca..............................................Hesperaloe parviflora Overton Park Public Improvements Site Design Guidelines 46 Ornamental Grasses Big Blue Lily Turf ................................................. Liriope muscari Blue Grama Grass...............................................Buchloe gracilis Blue Lyme Grass .............................................. Elymus arenarius Buffalo Grass................................................Buchloe dactyloides Fountain Grass .................................. Pennisetum alopecuroides Giant Liriope....................................... Liriope muscari 'Gigantea' Hameln Grass .................... Pennisetum alopecuroides 'Hameen' Japanese Ribbon Grass ............................. Phalaris arundinacea Japanese Silvergrass ................. Miscanthus sinensis 'Variegate' Karl Forester Feather Reed Grass............................................... ........................................ Calamagrostis acutiflora 'Karl Forester' Lindheimer's Muhly................................Muhlenbergia linheimeri Northern Seat Oats .............................. Chasmanthium latifolium Purple Fountain Grass ................ Pennisetum staceum 'Rubrum' Side Oats Grama..................................... Bouteloua curtipendula Vines Clematis.................................................................. Clematis spp. Coral Honeysuckle .................................. Lonicera sempervirens Five Leaf Akebia................................................... Akebia quinata Purple Honeysuckle ....................... Lonicera japnoica 'Purpurea' Texas Wisteria ............................................... Wisteria frutescens Ground Covers Blue Rug Juniper ......................... Juniperus horizontalis 'Wiltonii' Dusty Miller ....................................................... Senecio cineraria English Ivy................................................................Hedera helix Green or Gray Santolina.................................... Santolina virens Huntington Carpet Rosemary ....................................................... ................................... Rosmarinus officinalis 'Huntington Carpet' Ice Plant.........................................................Carpobrotus edulis Lambs Ear............................................................... Stachys spp. Purpleleaf Euonymous .................Euonymous fortunei 'Colorata' Verbena....................................................... Verbena canadensis Vinca.......................................................................... Vinca major Wintercreeper...............................................Euonymous fortunei Overton Park Public Improvements Site Design Guidelines 47 APPENDIX C: STREET SECTION KEY This graphic illustrates the location of the street cross sections located in each of the chapters of this document. Section A Page 21 Section B Page 21 Section C Page 25 Section D Page 25 Section E Page 26 Section F Page 26 Section G Page 29 Section H Page 30 Section I Page 30 Section J Page 31 Section K Page 31 Section L Page 37 LEGEND BULB OUT ON WEST SIDE ONLY, PARKWAY ON FAST SIDE BULB OUT ON BOTH SIDES PARKWAYS PLANTER POCKETS PLANTER POCKET ON NORTH SIDE, PARKWAY ON SOUTH BU.B OUT AND PLANTER POCKET Street Cross Section Locations NO Overton Park Public Improvements Site Design Guidelines 49 EXHIBIT G CONSTRUCTION SCHEDULE (To be prepared jointly) Developer Agreement City / McCanton Woods, Ltd. Project 68 19 Resolution No. 2007—R0292 EXHIBIT H PROCEDURES FOR REIMBURSEMENT FROM CITY The City of Lubbock will reimburse the developer/owner for a portion of the landscaping in the right-of-way in the North Overton TIF if the following rules/procedures are met. This reimbursement will be as follows: 40%: standard or minimum requirement — Developer portion 60%: oversized improvements — City will reimburse up to the maximum in the developer agreement Procedure 1. A developers agreement must be executed between the developer/owner and the City of Lubbock 2. A site plan of the landscaping must be submitted to the City of Lubbock to be reviewed and approved. 3. The developer/owner must provide proof of a bid for the landscaping improvements in the right-of-way. 4. The landscaping in the right-of-way must be bid separately from other items. 5. The developer/owner must provide proof of the completion of the landscaping in the right-of-way and proof of payment. 6. The City of Lubbock reserves the right to inspect the work, with a plan on file. 7. If the plan is changed at any time during construction, the plan must be resubmitted to the City of Lubbock for approval. 8. The developer/owner must submit backup for the reimbursement of the City's portion of the landscaping in the right-of-way in a format that is approved by the City of Lubbock. Developer Agreement - City / McCanton Woods, Ltd. Project 68 20