HomeMy WebLinkAboutResolution - 2014-R0349 - Agreement - Jackie Moon LLC - Public Improvements Project, North Overton - 10/09/2014RESOLUTION
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 exeCL11C for and on behalf of the City of Lubbock an Agreement between the
City of Lubbock and Jackie Moon, LLC, regarding the funding of public improvements in
Project 92254G of the Project Plan for the North Overton Tax Increment Finance
Reinvestment Zone, as amended. Said Agreement is attached hereto and incorporated in
this ReSOILItion as if' hilly set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council on 9th day of October .2014.
GLEN C. R ERII�%O/N, MAYOR
1�
ATTEST:
Reb cca Garza, City Secret
APPROVFD AS TO CONTENT:
eJiLjk
Chcryl Brock.
JACCLItive Director ol'Budget
APPROVED AS TO FORM -
Linda L. Chamales,
Economic Development Attorney
Oty Att / Linda Res- I I IF Dcv.Agrint- Jackie Moon,LLC
September 23, 2014
DEVELOPER PARTICIPATION AGREEMENT BETWEEN
THE CITY OF LUBBOCK AND JACKIE MOON PROPERTIES, LLC
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This agreement is between the City of Lubbock, a Texas municipal corporation
(hereinafter called "City") and Jackie Moon Properties, LLC (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") located
between Avenue X and Avenue W and south of Mac Davis Lane identified with
crosshatching on the map attached hereto and marked "Exhibit A" (the "Project
Property"); and
WHEREAS, Developer intends to develop on the Project Property, Nick's Sports
Grill and Lounge (the "Developer's Project"), substantially in accordance with the design
which is attached hereto and marked "Exhibit B"; and
Developer Agreement- City / Jackie Moon Properties, LLC, Project 92254E
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 lighting,
landscaping, street furniture, and sidewalks;
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, H and I attached hereto are
incorporated into this Agreement as if fully set forth herein.
ARTICLE II.
DEVELOPMENT PLAN — NORTH OVERTON
2.1 Developer has acquired the project Property situated within the North
Overton Tax Increment Financing Reinvestment Zone and intends to
develop the property known as Nick's Sports Grill and Lounge {the
Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 2
"Developer's 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 Ill.
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. It
is assumed by the parties that hardscape represents fifty per cent (50%) of
the total cost of landscaping in the parkway.
3.3 "Softscape" is herein defined as plant materials, ground preparation,
pedestrian lighting, street furniture, and trash receptacles. It is assumed
by the parties that softscape represents fifty per cent (50%) of the total
cost of landscaping in the parkway.
ARTICLE IV.
CITY PARTICIPATION
4.1 In accordance with Phase One, Project 92254G 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 "Jackie Moon Properties, Inc.,
Direct City Participation and TIF Funding, Phase One, Project 92254G.
4.2 This Agreement shall authorize funding only for Phase One, Project
92254G. 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
Developer Agreement — City / Jackie Moon Properties, LLC, Project 922546
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 One, Project 92254G, shall be limited to the total amount approved
by the City Council for Phase One, Project 92254G of the Project Plan,
which is $ 78,547.00.
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 $78,547.00, 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.
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.
4.7 City shall provide the Developer 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.
Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 4
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 One, Project
92254G 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 Phase One,
Project 92254G 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 Nick's Sports
Grill and Lounge to be located at 2323 Mac Davis Lane and between
Avenue X and Avenue W before October 1, 2014.
5.2 In accordance with the map and design in Exhibits A and B and in
accordance with Phase One, Project 92254G 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/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. It
is acknowledged by the parties that the Design Guidelines require
Developer Agreement — City / Jackie Moon Properties. LLC, Project 92254G 5
oversizing of these improvements in the right-of-way beyond those
required elsewhere in the City.
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 at
2323 Mac Davis Lane between Avenue X and Avenue W 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.
5.7 Developer shall execute a performance bond for the construction of
improvements to ensure completion of the project as required by Section
212.073 of the Texas Local Government Code.
Developer Agreement — City / Jackie Moon Properties. LLC, Project 92254G 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)
as set forth in "Exhibit I" which names the City and the Board of Directors
for the North Overton Tax Increment Finance District as additional
insureds, due to any damage, injury, or death attributed to the Developer
Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 7
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
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
Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 8
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 Article X 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 / Jackie Moon Properties. LLC, Project 92254G 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:
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:
Jackie Moon Properties, LLC
8230 Urbana Avenue
Lubbock, Texas 79423
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
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.
Developer Agreement — City / Jackie Moon Properties, I.I.C. Project 92254G 10
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 Phase One, Project 92254G,
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 modified without written
agreement of the parties to be attached to and made a part of this
Agreement.
Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 11
EXECUTED in duplicate and effective as of the _ day of 2014.
CITY OF LUBBOCK
ATTEST:
Rebetra Garza, City Sec eta
OR
APPROVED AS TO CONTENT: Cl;e-iy] Brbck,
Executive Director of Budget
FAW91*181LIVA"03M.- V1191101mu
Linda L. Charnales,
Economic Development Attorney
JACKIE MOON PROPERTIES, LLC
Lc: city att/Linda/ Developer Participation Agreement- Nick's Sports Bar/ Jackie Moon Properties, LLC
August 7, 2014
Developer Agreement — City / Jackie Moon Properties, [.,[,C. Project 922540 12
EXHIBIT A
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Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 13
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Developer Agreement — City / Iackic Moon Properties, LLC, Project 922540 14
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EXHIBIT C
NORTH OVERTON TAX INCREMENT FINANCING
REINVESTMENT ZONE
FIRST AMENDED PROJECT PLAN AND FINANCE PLAN
Developer Agreement — City 1 Jackie Moon Properties, U.C, Project 92254G 15
EXHIBIT C
lubbock
TEXAS
Fifth Amended Project Plan
North Overton
Tax Increment Financing Reinvestment
Zone
Lubbock, Texas
December 2009
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Project Plan
December 2009
North Overton TIF 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 II, 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 Texas 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. The Overton
North Study Committee was appointed to identify solutions to address the area's
problems. The City 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 Overton Study Committee and more particularly indicated
that the City should develop creative public/private joint development opportunities and
provide public improvements as incentives for development .
In the late 1990's the McDougal Companies, a local developer, presented a plan to the
City that would redevelop about 90% of the North Overton area. The developer
petitioned the City to establish a Tax Increment Financing Reinvestment Zone (Zone) to
provide the necessary public funds to finance the construction of public infrastructure.
City staff, working with the developer, prepared a list of public infrastructure projects to
stimulate and enhance the redevelopment of North Overton.
It is expected that the planned expenditure of approximately $40.4 million for public
infrastructure improvements within the Zone will result in future
development/redevelopment which will increase the taxable value by approximately
$373.9 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 existing uses of real property in the Zone and
attached as Exhibit B is a map indicating locations of newly constructed or proposed
public improvements in the Zone.
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Project Plan
December 2009
North Overton TIF Project Plan
2. Proposed changes of zoning ordinances, the master plan of the municipality,
building codes, and other municipal ordinances.
No changes have been made to the master plan of the municipality, building codes, or
other ordinances. Zoning ordinances have been 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 are those development costs not paid for by the
Zone. These costs will include, but are not limited to, $387.3 million of new
development. The detailed list of estimated non -project costs from 2004 through
2020 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.
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Project Plan
December 2009
North Overton TIF Project Plan
TIF Expense Phase I
Street Reconstruction/resurfacing
$ 7,266,431
A/E services, reconstruction, curb and gutter, and rotaries
9,290,000
Rotary Amenities
607,119
A/E services, landscaping, irrigation, lighting, and street furniture
4,111,341
Glenna Goodacre Boulevard
2,486,975
A/E services, replace curb and guttter, and right-of-way acquisition
1,943,758
Glenna Goodacre Boulevard Amenities
2,343,448
A/E services, landscaping, irrigation, lighting, and street furniture
$ 38,214,234
Landscaping in the Parkway
6,218,703
A/E services, landscaping, irrigation, lighting, and street furniture
Water and Wastewater
3,792,506
Replacement and relocation
Electric Utility - underground
1,891,005
Pioneer Park improvements
50,000
Overton Conference Center
11,480,000
Right of Way Acquisition
4,242,450
Phase I TIF Project Cost
40,378,635
Total amount of debt supported by TIF Revenue 40,378,635
Debt service interest expense 24,688,000
Total Phase I TIF Project Cost 65,066,635
Phase 11 (TIF revenues available after debt is paid) 21,893,000
Total TIF Project Cost 86,959,635
Administrative Cost 1,373,000
Total TIF Cost $ 88,332,635
Bond Issuance
July 15, 2003
$ 3,795,000
August 15, 2005
9,290,000
April 15, 2006
6,307,749
August 15, 2007
4,111,341
January 17, 2008
11,805,000
May 23, 2008
1,943,758
April 8, 2009
961,386
Total Bond Issuance
$ 38,214,234
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zane
Fifth Amended Project Plan
December 2009
Exhibit A — Existing Land Use
5
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EXAS
PL{NNING DEPARTAIENT
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Project Plan
December 2009
Exhibit B — Proposed Improvements and Proposed Uses
a
- a
aau I m,a�a
�J aamr rne�0.
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16 8itflr
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EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Project Plan
December 2009
Exhibit C - List of Estimated Non -Project Costs
Natr. Calendar Year on tax roll.
New• Coottruttioa
CY2004 CY 2WS
CY 2006
Cl' 2007
CY 20M
CY 2009
CY 2010
CY 2011
CY 2012
CY 2013
CY 2014
CY 201S
C1' 2016
CY 2017
CY 2018
CY 2019 CY 2020
Tract I-A-SwboekVBWkktMilwfs
3 - -
2,777,571
-
(174.457)
83215
Tract t -C
- -
-
1.335.375
_
2.000.000
Tract 1.1-1
- -
-
1,113,)12
734,289
14,765
Tract 1.1,:
-
-
1.336.513
-
2..534.6)(1
Tract 1-0.3
_
-
997,IiW
-
-
730.000
Tract 2-C City B uil:
- 3,410,481
-
99,507
51,442
Tract 2-A-2 Chilu
- -
1.336,520
891.014
448
24.636-
Tract2-A- RenaoranORerail
_
M3.125
543.979
(147.104)
Tract 243- The Centsc
- -
22359.509
-
(163,946)
1695.5621
Tract 3 • Retail
_
6,749395
(262876)
1.161.316
800,000
1.200.000
11,685.424
Tran 4-Dmentcm2
- -
25512.131
-
412,169
(2,819,365)
-
--
Tram SA • The Sties
_
-
3,072.036
19,943,003
-
Tract 5B- possible hoW
_
_
1.945.765
6000,000
Tract 6- TBA -MWti-Fatteh•
- _
-
_
4,197,916
-
-
-
-
18,258,630
_
_
-
Tract 7 -Mid
-
_
2,622,495
(654,864)
24,032.369
7,617,263
-
-
-
Traci 9•Gal-Tes
- -
1,386.570
Trao18-MMMCM3
28,1136,483
-
-
(3.0.49.397)
Tract 10 - Main Street Condo 4
- -
-
261,622
-
-
-
-
-
5,552336
-
Traci I1 - Main Street Condo I
- -
5.779,320
-
509,700
(132.662)
Traci 12 • Mai Street Condo 2
- -
-
1,243,485
4,766,6.77
-
-
-
-
-
-
-
Tract 13 • Main Snot Condo 3
- -
-
348,340
-
-
5,137,235
-
-
-
Tract 14-A Widnivt
_
18,943.767
581.182
262,031
Tract IS-AMwphyY Gas
-
1,25R,793
(1,113)
(469256)
-
-
-
-
-
-
- -
Tram 16•A BwM King
_
$55.853
-
946.878
Tran 17_A Wstran
-
_
37,710
31,854
Tran A • Dtacriu n I
22294.623-
-
29.022
(195.910)
Tran IR
-
2,122,011
87,075
111,454
Tract MA Chic Fil A
_
-
199.560
-
Tract 19-B Reil
-
_
-
159.15[)
Tract 20 Commercial
- -
_
_
890.064
-
_
-
2.966.880
Tract 21 Commercial
-
_
-
-
-
l.le23x)-
Tract 22 Conmusnal-
Tran 23 Cmlmsmcial
_
_
3.5W.0W
Tract 24 NooimtDvple ft
- -
_
_
-
-
2.100.0011
Tran 23 Commercial
- -
_
_
_
-
_
1,207.140
Tram 26 Hamm/Duplexes
_
_
_
_
-
2.000,000
Tran 27 NorAw., le entlh•
Unisessiy Pima
-
5,500.000
-
3.500,000
4,373,149
126.851-
Coppeswood Aparmwlts
865,408
-
44.609
8.243
Famih• Phare I -Bloc► 1
_
349.440
1,303,9RR
-
1,497,572
1,575,000
Famty Phan l-B1ock2
-
-
632,307
-
-
-
450.000
9W,(xx)
1,125,000
1,800.000
1,800,000
1,100,0x)
- -
Famih•Ph=I-Bloek3
- -
-
-
1.557,142
1,161.676
-
896,1112
1,194.776
1,194,776
1.114,176
1,194,776
-
-
Family Phme l - Btoek 4
_
579,0.19
426.441
-
754.713
1.006.284
1,(x16214
1.006.284
1,257,155
1.006,2)14
-
Tram 2<•Capitax
-
_
2.925.132
2.422,361
1.595.504
_
Tram M -Capstone
_
-
11,986.530
3.929271
_
-
Traes30-Cayssone
-
-
-
-
4.1221-10
1493,407
Tract 31-Capssonc
_
_
_
4.849.027
1.517,730
_
_
Fanah•PhaeIII - Block 11
_
_
_
1.400.000
1.400,000
1.400,(Xx)
1.400,(00
1,40U.OW
-
Farmly Piuse ill - Block 12
_
_
_
_
-
1.400.000
1.400.000
1.400,000
1.400.000
1.40(1,000 -
Fantily Phase III - Block 13
1.40,0x)
1,400,0110
1.400,000
142,388 400,M)
Total New Comtruction
21294.623 31.446964
64.160,658
40,177,649
20.263.427
76,11%4.471
19.134.014
5.315,425
41,877.961
31837.026
4.501.060
6,377,631
7.0062K4
41x8/ 1x00
6 0x) 001
2.341398 400.0(X)
CamOlatite New Construction
553.741.587
117.902,245
151,079,91)4
178.343.321
254.427.192
273.561.806
278.947.231
320.825.192
354,662.218
1".163,279
365,540,909
172.547.193
379 547 193
394.-47.193
316189 581 327289 581
Exhibit C
EXHIBIT C
Clt}� Ot
Iubbock
) is r ;l
Fifth Amended Finance Plan
North Overton
Tax Increment Financing Reinvestment Zone
Lubbock, Texas
December 2009
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Finance Plan
December 2009
The Financing Plan provides information on the projected impact that the North Overton Tax
Increment Financing Reinvestment Zone (Zone) could have on the property illustrated in
Appendix A. It also describes 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 costs.
The total project costs over the life of the zone will be approximately $62.3 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, during and after construction, whether or not capitalized;
• The amount of any contributions made by the municipality from general revenue for the
implementation of the project plan;
2
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Finance Plan
December 2009
• 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 on the map in
Appendix A.
3. Economic Feasibilty 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
$40.4 million in funding capacity.
5. The time when related costs or monetary obligations are to be incurred.
• Related costs and monetary obligations have been incurred with each bond issue,
beginning with the first bond issuance in FY 2005.
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 certificates of obligation with the revenue source
provided by tax increment funds received, hotel/motel taxes, and revenues generated by
contractual agreements within the Zone. The percentage of tax increment to be derived
from the property taxes of each taxing unit participating in the Zone is 100%.
3
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Finance Plan
December 2009
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 2009 certified TIF roll is $279,910,784.
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Finance Plan
December 2009
8. The estimated appraised value of the improvements in the Zone during each year of
existence.
• The estimated appraised value of the improvements in the Zone per year is listed
in the following table:
New
(2,019)
Estimated Development
Total Adjusted
Tax Demolitions Assessed Value
Assessed Value
Year (S thousands) (S thousands)
(S thousands)
2002 S
2003
(2,019)
12,406
10,387
2004
(12,395)
21,632
9,237
2005
(2,362)
99,842
97,480
2006
-
41,397
41,397
2007
-
6,860
6,860
2008
-
17,618
17,618
2009
-
69,990
69,990
2010
-
17,221
17,221
2011
-
4,847
4,847
2012
-
37,690
37,690
2013
-
30,453
30,453
2014
-
4,051
4,051
2015
-
5,740
5,740
2016
-
6,306
6,306
2017
-
5,400
5,400
2018
-
5,400
5,400
2019
-
2,520
2,520
2020
-
1,260
1,260
2021
-
-
-
2022
-
-
-
2023
-
-
-
2024
-
-
-
2025
-
-
-
2026
-
-
-
2027
-
-
-
2028
-
-
-
2029
-
-
-
2030
-
2031
-
-
-
TOTAL S
(16,776)
390,633
373,858
5
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Finance Plan
December 2009
9. The estimated annual incremental funds available from development and redevelopment
in the Zone are listed in the following table.
• Revenue is shown in fiscal year that it is collected.
'2005 Bonds were issued with a premium of 5245.720. The par amount issued was 59.290,000, with bond proceeds of 59,535,720.
s 2006 Bonds were issued with a premium of $166,813. The par amount issued was 56.307.749, with bond proceeds of 56,474,562.
' 2007 Bonds ucm issued with a premium of 569,796. The par amount issued was $4,111.341, with bond proceeds of 54,181,055.
J2008 TasaW a Bonds uere issued at a par amount of S 11.805,000, with bond proceeds of 511,400,000.
'2008 Bonds uere issued with a premium of 587,709. The pu amount issued uis $1.943.758. with bond proceeds of 52,031,467.
x2009 Beads uvm issued with a premium of $27,597. The paramount issued uat $961386, with bond proceeds of 5988.983.
'Based on projected tax rates of: Cis) -$0.4464; County -$0.329458; Hospital -50.12084; and {Pater Disrict-
$0.00794. Calculation: Incremental value / 100 X tax rate X collection rate.
10. The duration of the zone:
The duration of the zone is 30 years.
Estimated
Estimated
Annual Tax
Annual
Annual Revenue Annual Hotel Motel
Total
Tax
Adjusted Captured
Cumulative Captured
Increment
Interest Revenue
Conference Cie.
Tax Revenues
Revenues
Year
Value(Sthousands)
Value (S thousands)
(S thousands)*
(S thousands)'
(S thousands)*
(S thousands)'
(S thousands)*
2002
S
2003
10,387
10,387
-
2004
9,237
19,625
96
0
46
2005
97,480
117,105
176
2
178
2006
41,397
158,501
933
468
1,402
2007
6,860
165.362
1,289
600
1,889
200'17,618
182,980
1,455
55S
2,010
2009
69,990
252,970
1,583
25
11
81
1,700
2010
17,221
270,191
2,216
17
66
323
2,621
2011
4,847
275,038
2,367
(3)
66
323
2,751
2012
37,690
312,728
2,409
(35)
66
323
2,762
2013
30,453
343,181
2,739
4
131
323
3,196
2014
4,051
347,232
3.006
5
131
323
3,464
2015
5.740
352,972
3,041
6
131
323
3,501
2016
6,306
359,278
3,092
10
131
323
3,555
2017
5,400
364,678
3,147
14
131
323
3,614
2018
5,400
370,078
3,193
20
131
323
3,666
2019
2,520
372,598
3,241
27
131
323
3,722
2020
1,260
373,858
3.263
34
131
323
3.751
2021
373,858
3,275
42
131
323
3,770
2022
373.858
3,275
SO
131
323
3,778
2023
373.858
3,275
58
131
323
3,786
2024
373,858
3,275
61
131
309
3,776
2025
373,858
3,275
69
131
-
3,474
2026
-
373,858
3.275
91
131
3.496
2027
373,858
3.275
124
131
3.530
2028
373.858
3,275
186
131
3.591
2029
373,858
3.275
252
131
3,657
2030
373,858
3,275
321
131
3,727
2031
373,858
3.275
396
131
3,801
2032
3.275
471
131
3,876
Total
5 16.541
3.971
2.823
4,905
-IM0
• Revenue is shown in fiscal year that it is collected.
'2005 Bonds were issued with a premium of 5245.720. The par amount issued was 59.290,000, with bond proceeds of 59,535,720.
s 2006 Bonds were issued with a premium of $166,813. The par amount issued was 56.307.749, with bond proceeds of 56,474,562.
' 2007 Bonds ucm issued with a premium of 569,796. The par amount issued was $4,111.341, with bond proceeds of 54,181,055.
J2008 TasaW a Bonds uere issued at a par amount of S 11.805,000, with bond proceeds of 511,400,000.
'2008 Bonds uere issued with a premium of 587,709. The pu amount issued uis $1.943.758. with bond proceeds of 52,031,467.
x2009 Beads uvm issued with a premium of $27,597. The paramount issued uat $961386, with bond proceeds of 5988.983.
'Based on projected tax rates of: Cis) -$0.4464; County -$0.329458; Hospital -50.12084; and {Pater Disrict-
$0.00794. Calculation: Incremental value / 100 X tax rate X collection rate.
10. The duration of the zone:
The duration of the zone is 30 years.
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Finance Plan
December 2009
Appendix A
App dk A
EXHIBIT C
City of Lubbock, TX
North Overton Tax Increment Financing Reinvestment Zone
Fifth Amended Finance Plan
December 2009
Appendix B — North Overton TIF Project Costs
TIF Expense Phase I
Street Reconstruction/resurfacing
$ 7,266,431
A/E services, reconstruction, curb and gutter, and rotaries
$ 3,795,000
Rotary Amenities
607,119
A/E services, landscaping, irrigation, lighting, and street furniture
6,307,749
Glenna Goodacre Boulevard
2,486,975
A/E services, replace curb and guttter, and right-of-way acquisition
11,805,000
Glenna Goodacre Boulevard Amenities
2,343,448
A/E services, landscaping, irrigation, lighting, and street furniture
961,386
Landscaping in the Parkway
6,218,703
A/E services, landscaping, irrigation, lighting, and street furniture
Water and Wastewater
3,792,506
Replacement and relocation
Electric Utility - underground
1,891,005
Pioneer Park improvements
50,000
Overton Conference Center
11,480,000
Right of Way Acquisition
4,242,450
Phase I TIF Project Cost
40,378,635
Total amount of debt supported by TIF Revenue 40,378,635
Debt service interest expense 24,688,000
Total Phase 1 TIF Project Cost 65,066,635
Phase 11 (TIF revenues available after debt is paid) 21,893,000
Total TIF Project Cost 86,959,635
Administrative Cost 1,373,000
Total TIF Cost $ 88,332,635
Bond Issuance
July 15, 2003
$ 3,795,000
August 15, 2005
9,290,000
April 15, 2006
6,307,749
August 15, 2007
4,111,341
January 17, 2008
11,805,000
May 23, 2008
1,943,758
April 8, 2009
961,386
Total Bond Issuance
$ 38,214,234
Appendix B
EXHIBIT D
JACKIE MOON PROPERTIES, LLC
DIRECT CITY PARTICIPATION AND TIF FUNDING
PHASE ONE, PROJECT 92254G
Project % Participation Cost Estimate
Landscaping in the Parkway 100% $78.547.00
Softscape
A/E services
Adjacent to Ave. X & Mac Davis Lane
Total $78,547.00
Developer Agreement — City / Jackie Moon Properties. LLC. Project 92254G 16
EXHIBIT E
JACKIE MOON PROPERTIES, LLC
DEVELOPER PARTICIPATION
PHASE ONE, PROJECT 922540
Project % Participation Cost Estimate
Landscaping in the Parkway 100% $78,547.00
Hardscape (concrete, pavers, irrigation)
Adjacent to Ave. X & Mac Davis Lane
Total
$78,547.00
Developer Agreement — City / Jackie Moon Properties, LLC. Project 92254G 17
EXHIBIT F
DESIGN GUIDELINES
Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 18
►4-
4
J
0
EXHIBIT F
TABLE OF CONTENTS
CHAPTER 1:INTRODUCTION.................................................................................................... 1
Overview........................................................................................................................................... 1
The Documents................................................................................................................................. 3
Using the Overton Park Public Improvements Site Design Guidelines ........................................... 5
History of 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
Street Signage............................................................................................................................... 16
Bus Stop Shelter............................................................................................................................. 16
Utilities........................................................................................................................................... 17
CHAPTER 3: OVERTON PARK GATEWAYS AND GATEWAY STREETS ...................................... 18
Neighborhood Gateways............................................................................................................... 18
Gateway Streets............................................................................................................................. 19
Glenna Goodacre Boulevard (8th Street)....................................................................................... 19
Sixth Street and Avenue U............................................................................................................. 24
Rotaries.......................................................................................................................................... 27
PublicArt and Ornamentation........................................................................................................ 27
Overton Park Public Improvements Site Design Guidelines i
EXHIBIT F
CHAPTER 4: MIXED USE AREA GUIDELINES.......................................................................... 28
Streetscape Design Guidelines...................................................................................................... 28
Sidewalk and Specialty Paving Design Guidelines........................................................................ 32
Streetscape Amenities
33
Pedestrian and Vehicular Lighting Guidelines............................................................................... 33
FencingGuidelines......................................................................................................................... 33
Screening, Buffering and Separation Guidelines........................................................................... 34
CHAPTER 5: LOW DENSITY RESIDENTIAL AREA.................................................................... 36
Streetscape Design Guidelines...................................................................................................... 36
Sidewalk Design Guidelines........................................................................................................... 36
Streetscape Amenities
37
Pedestrian and Vehicular Lighting Guidelines............................................................................... 38
Fencing Guidelines......................................................................................................................... 38
APPENDIX A: SITE FURNISHINGS STANDARDS..................................................................... 39
Benches.......................................................................................................................................... 39
Trash Receptacles.......................................................................................................................... 40
BicycleRacks................................................................................................................................. 40
Tree Grates..................................................................................................................................... 41
Trench Grates................................................................................................................................. 41
Vehicular 8 Pedestrian Lighting.................................................................................................... 42
Overton Park Public Improvements Site Design Guidelines ii
EXHIBIT F
APPENDIX B: PLANT MATERIAL APPROPRIATE FOR LUBBOCK, TEXAS ............................... 45
Street Trees................................................................................................................................... 45
Accent Trees................................................................................................................................... 45
Open Space Trees.......................................................................................................................... 45
Street Shrubs I Low Growth I Perennials...................................................................................... 46
Open Space Shrubs I Perennials................................................................................................... 46
Ornamental Grasses....................................................................................................................... 47
Vines............................................................................................................................................... 47
Ground Covers................................................................................................................................ 47
APPENDIX C. STREET SECTION KEY
........................................ 48
Overton Park Public Improvements Site Design Guidelines
fit
EXHIBIT F
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 Plan..................................................................................... 9
Figure 5 - Public Landscape Areas by Type............................................................................ 10
Figure 6 - Street Tree Intersection Detail............................................................................... 11
Figure 7 - Right -of -Way Landscape Visibility Requirements.................................................. 13
Figure 8 - Planter Pocket Detail.............................................................................................. 14
Figure 9 - Parkway Detail........................................................................................................ 14
Figure 10 - Bulb Out Detail...................................................................................................... 15
Figure 11 - Typical Street Signage.......................................................................................... 16
Figure 12 - Bus Shelter 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 - Glenna Goodacre Boulevard Median Pedestrian and Bicycle Crossing ............... 22
Figure 17 - Glenna Goodacre Boulevard Median Planting Concept ....................................... 23
Figure 18 - Ellipse Design Concept......................................................................................... 24
Figure 19 - Rotary Design Concept
P*A
Figure 20 - Brick Pattern Examples........................................................................................ 32
Figure 21 - Sidewalk Design Concept..................................................................................... 32
Overton Park Public improvements Site Design Guidelines iv
EXHIBIT F
Figure22 - Crosswalk Detail................................................................................................... 33
Figure 23 - Low -Density Residential Sidewalk Details
Figure 24 - Approved Brick Paver
37
39
Figure25 - Approved Benches................................................................................................. 39
Figure 26 - Approved Trash Receptacle.................................................................................. 40
Figure 27 - Approved Bicycle Rack.......................................................................................... 40
Figure28 - Approved Tree Grate.............................................................................................41
Figure 29 - Approved Trench Gate........................................................................................... 41
Figure 30 - Approved Pedestrian Lights and Vehicular Lights
43
Figure31 - Approved Bollard................................................................................................... 44
Figure 32 - Approved Wall -Mounted Area Lights..................................................................... 44
Overton Park Public Improvements Site Design Guidelines v
EXHIBIT F
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
Section F - 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
Street Cross Sections Location Key Map ...........................
37
48
Overton Park Public Improvements Site Design Guidelines vi
EXHIBIT F
CHAPTER 1: INTRODUCTION and Ramirez Elementary School. In this document, this area will
be referred to as "Low -Density Residential."
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
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
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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, fagade 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 or
understanding
McDougal Properties Source City o/ Lubbock
Developer Regulates City or Lubbock
Current Land Owner Developer
Future Land Owner Builder
Private Property Relates to Public Right or Way
Overton Park
Source or City Design andlor
Design Review Committee
Design Control Site Plan Review
City Site Plan Review
Developers 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
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EXHIBIT F
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 9
079f7f1i1
as the requirements of the Zoning Ordinance or any other
The neighborhood that developed fully by late 1930's was
applicable codes are not altered. Even if recommended by
generally middle class, with home ownership predominating.
the UDHPC, the Zoning Board of Adjustment must approve
Most of the North Overton houses still standing in 2000 were
variances from requirements of the Zoning Ordinance. Any
constructed before 1940, and many were from the initial years
variations from any other city codes must follow the review and
of the Federal Housing Administration (FHA) loan programs.
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
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
conveniently located to their work. 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
EXHIBIT F
Spot zoning began to destroy the stability of the neighborhood The McDougal Companies and Overton Park
as the threat of encroaching high-density apartments and large
concentrations of college students frightened older residents In July 1999, Delbert McDougal, Chief Executive Officer of
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.
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
EXHIBIT F
CHAPTER 2: OVERTON PARK Figure 6: "Street Tree Intersection Detail," illustrates the
CHARACTER AND ORGANIZATION transition between tree species at intersections. Bulb -outs may
be planted with omamental trees or with the tree specified in the
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."
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 it
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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."
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'x10'. 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
WNIMHWO
Right -of -Way Landscape Guidelines • A balance of trees, shrubs, ornamental grasses and
groundcoveris encouraged.
The following general landscape guidelines apply to all streets
in Overton Park. Coordination of landscape and paving • The use of flowering or brightly colored foliage will create
materials in adjacent public and private areas will be detailed color and interest. Seasonal color is encouraged as an
in the Developer -TIF Developer's Agreement and/or the Zoning accent to permanent bed plantings.
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.
• 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
EXHIBIT F
View Obstruction
Section 29-30 (i), Lubbock Code of Ordinances
Visibility
Triangle
property line
curb
parkway area
• No trees maybe planted in the visibility triangle.
• Maximum height for any fence or other object in this
area is 2 feet.
Mid -Block
3' clear
zone
• Trees in the parkway or overhanging the parking area
must be trimmed so that no foliage is less than 6 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
EXHIBIT F
Figure 8 - Planter Pocket Detail
Figure 9 - Parkway Detail
ee
Pocket
Tree
Overton Park Public Improvements Site Design Guidelines 14
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EXHIBIT F
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" cni6
benches and trash receptacles in the
District. Matching color is Sherwin
Williams SW2140 "Sealskin" High
Gloss Enamel.
Street signs shall be green with white
lettering. Sign material shall conform
to City Of Lubbock sheeting material
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 ,t
should be installed in a visually
Figure 11 -Typical
pleasing manner that coordinates with Street Signage
Overton Park Public Improvements Site Design Guidelines 16
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CHAPTER 3: OVERTON PARK
GATEWAYS AND GATEWAY
STREETS
Neighborhood Gateways
EXHIBIT F
Four secondary gateway entry points are located on less
important entrances to the neighborhood. The intersections
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.
of the Marsha Sharp Freeway and Avenue U, Broadway
Figure 13 - Examples of Secondary Gateway
Markers
Overton Park Public Improvements Site Design Guidelines 18
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Because it is a major area of visual interest, it is very important The general guidelines for street tree planting and the specific
that the median have a coordinated look, from landscaping
guidelines for landscaping for gateway streets detailed earlier in
to planting to other street amenities. Large canopy trees
this Chapter will apply to Glenna Goodacre Boulevard. Because
Will line each side of the median, which will have a bicycle
of its prominent position within the development, the boulevard
and pedestrian path down the center. The median will not
will also have additional enhancements as noted below:
accommodate tum 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
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
EXHIBIT F
outdoor dining. Pedestrian and vehicular light standards are
Figure 77- 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
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
EXHIBIT F
the school entrance and further enhance the residential The undivided right-of-way on these streets supports one
neighborhood. Figure 18: "Ellipse Design Concept" details vehicular lane and one bicycle lane in each direction. 6th
ideas for ellipse design. Street and Avenue U both include on -street parking in both
MOP4UMI 4r t
directions. Specialty paving at intersections will further delineate
ci vi o reammC
these gateway streets. The general guidelines for street tree
planting and the specific guidelines for landscaping for gateway
WATit•
streets detailed earlier in this Chapter will apply to 6th Street
and Avenue U. Lighting and streetscape amenity standards
_ A
for 6th Street and Avenue U should be applied according to
the adjacent land use Section (Mixed -Use or Low -Density
i
Residential). See:
• Section C: "Sixth Street Mixed -Use,"
Section D: Sixth Street Mixed Use and Low -Density
T'A
Residential",
Section E: "Low -Density Residential," and
7RPIIg
• Section F: "Avenue U Low -Density Residential."
62o" vj^.I
Figure 18 - Ellipse Design Concept
Appendix C is the key map for the location of these sections.
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.
Overton Park Public Improvements Site Design Guidelines 24
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EXHIBIT F
Section E - Fifth, Sixth, Seventh, Ninth, and Tenth Low -Density Residential
Section F - Avenue U Low -Density Residential
Overton Park Public Improvements Site Design Guidelines 26
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CHAPTER 4: MIXED USE AREA
GUIDELINES
EXHIBIT F
Streetscape Design 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.
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
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EXHIBIT F
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
•
- Pattern A
Sidewalk Paving - Pattern B
•
Figure 21 - Sidewalk Design Concept
Overton Park Public Improvements Site Design Guidelines 32
EXHIBIT F
Obstructions such as water meter vaults or covers, plumbing Pedestrian and Vehicular Lighting
clean outs, or any utility equipment should not be located Guidelines
within the sidewalk, and are best located in a planting bed.
Lighting is important both for safety and for the ambiance of
Specialty paving should be used to extend the sidewalk the neighborhood. Pedestrian level lighting further reinforces
visually across the street at intersections. All crosswalks the human scale of the neighborhood and encourages outdoor
shall be brick with concrete banding. See Figure 22: activity. Appropriate lighting levels enhance activities such as
"Crosswalk Detail." outdoor dining. Pedestrian and vehicular light standards are
specified in Appendix A.
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
• Two trash receptacles
• One bicycle rack
• 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.
Although fences are located on private property, their
appearance has a great impact on the adjacent public spaces.
Overton Park Public Improvements Site Design Guidelines 33
EXHIBIT F
The details of fencing adjacent to the public right-of-way may be Such screening should separate parking areas from pedestrian
negotiated in the Developer -TIF Developer's Agreement and the areas and conceal uses such as dumpsters.
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.
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
EXHIBIT F
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
EXHIBIT F
well -landscaped front yards further contribute to the feeling of a
cohesive residential community, distinguishing the area from a
Asingle-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,
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 comers) or private (residential
walkways). See Figure 23: "Low -Density Residential
Sidewalk Details."
Overton Park Public Improvements Site Design Guidelines 36
EXHIBIT F
Section L - Avenues R, S, and T - Low -Density Residential
1=III =u n n 1111 n lilt i n11 —n 11111
Figure 23 - Low -Density Residential Sidewalk
Details
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
EXHIBIT F
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.
Comer 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 andshall 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 EXHIBITBenches
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
disfintive character to the neighborhood.
Approved Brick Paver
• Fired Clay Brick Paver
Manufactured by: Kansas Brick R Tile Co., Hoisington,
Kansas, 800-999-0480
Size: 48
Blend/Style: Old Colonial Solid Modular
Pattern Laid: Vanes
4c-,
Figure 24 - Approved Brick Paver
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 LIV 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
EXHIBIT F
Bicycle Racks
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
•,..ac ".
77
Figure 26 - Approved Trash Receptacle
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'/' 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.
EXHIBIT F
Trench Grates
Approved Tree Grate
• Ironsmith: "Conquistador 2". Color shall be natural unfinished
gray iron.
Figure 28 -Approved Tree Grate
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
EXHIBIT F
Vehicular & Pedestrian Lighting
• 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
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
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"Approved Bollard"
• Stresscrete Inc. 'Washington", Spun -Concrete Lit Bollard;
Model KLCW-100(MH)-DB-E90. Saluki Bronze color.
Figure 31 - Approved Bollard
EXHIBIT F
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)
EXHIBIT F
Accent Trees
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 buckleyd 'Texan'
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.
' 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.
Atlee 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
DesertWillow.....................................................
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 illinoinensls
Pinyon Pine .....................................................
Pinus cembroides
Russian Olive...........................................Elaeagnus
angustifolia
Shademaster Honeylocust ..
Gleditsia triacanthos 'Shademaster'
Texas Redbud ............................
Cercis canadensis var texensis
Vtex...............................................................
Wax agnus-castus
Washington Hawthorn ..........................
Crataegus phaenopyrum
Overton Park Public Improvements Site Design Guidelines 45
Street Shrubs I Low Height I Perennials
(Plants within the Right -of -Way)
EXHIBIT F
Open Space Shrubs I Perennials
Autumn Joy Sedum ..................................
Sedum x 'Autumn Joy'
Autumn Sage..........................................................
Salvia greggii
Brown -Eyed Susan ..............................................
Rudbeckia hirta
Compact Nandina...........................................Nandina
compacta
Coreposis.............................................................
Coreopsis spp.
Dianthus.................................................................
Dianthus spp.
DwarfYaupon ..........................................................Ilex
vomitoria
Indian Hawthorn ..............................................Raphiolepis
indica
Lantana...................................................................
Lantana spp.
ManhattanEuonymous................................................................
spp.
....................................... 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 'linter Gem'
Yarrow.....................................................................
Achillea spp.
(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 stop.
Aster.............................................................................Aster
spp.
Barberry ..................................................................
Barberry spp.
Burford Holly.............................................................
Ilex burfordii
Butterfly Bush......................................................Buddleia
davidii
Dense Yew ...........................................
Taxus media 'Destformis'
Forsythia......................................................
Forsythia intermedia
Red Yucca..................................................Hesperaloe
parvitlora
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
EXHIBIT F
Ground Covers
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.......................................
Linope muscari'Gigantea'
Hameln Grass ....................
Pennisetum alopecuroides 'Hamlen'
Japanese Ribbon Grass
............................. Phalaris arundinacea
Japanese Silvergrass .................Miscanthus
sinensis'Variegata'
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
Blue Rug Juniper.........................Juniperus
hodzontalis'Willonii'
Dusty Miller .......................................................
Senecio cineraria
English Ivy................................................................Hedera
helix
Green or Gray Santolina....................................
Santolina vixens
Huntington Carpet Rosemary .......................................................
................................... Rosmadnus ofFcinalis'Huntington Carpet'
Ice Plant ...................... ...................................
Carpobrotus edulis
LambsEar...............................................................
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
Page 30
Section
J
Page 31
Section
K
Page 31
Section
L
Page 37
LEGEND
EXHIBIT F
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Street Cross Section Locations
a
Overton Park Public Improvements Site Design Guidelines 48
EXHIBIT G
CONSTRUCTION SCHEDULE
(To be prepared jointly)
Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 19
EXHIBIT H
PROCEDURES FOR REIMBURSEMENT FROM CITY
I. Landscaping_. 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:
50%: standard or minimum requirement — Developer portion
50%: oversized improvements — City will reimburse up to the maximum
in the developer participation agreement.
Procedure
1. A developer participation 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.
9. The City will pay to Developer a maximum of 15% of the total bid for
construction management fees.
Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 20
EXHIBIT I
INSURANCE REQUIREMENTS
Developer or contractor shall carry and maintain insurance at all times that this
Agreement is in effect, at Developer's sole expense and with an underwriter
authorized to do business in the State of Texas and acceptable to the City, against
claims of general liability, automobile liability, and workers' compensation resulting
from Developer's activities under this Agreement.
General Liability_ Insurance: Developer will carry and maintain General Liability
Insurance for the protection of the City, naming City as an additional insured on a
primary, not excess basis, with completed operations and XCU endorsement, heavy
equipment coverage, and insuring against all claims, losses, costs and expenses
arising out of injuries to persons whether or not employed by the Developer, damage
to property whether resulting from acts or omissions, negligence or otherwise of the
Developer or any of its agents, employees, or other persons, and growing out of the
construction of the Public Improvements, such policies to provide not less than one
million dollars ($1,000,000.00) for Combined Single Limit General Liability
Insurance.
Automobile Liability Insurance: Developer will carry and maintain Automobile
Liability Insurance in the amount of five hundred thousand dollars ($500,000.00),
naming the City as an additional insured on a primary, not excess basis.
Workers' Compensation Insurance: Developer shall elect to obtain workers'
compensation coverage pursuant to Section 406.002 of the Texas Labor Code.
Further, Developer shall maintain said coverage throughout the term of this
Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to
ensure that the Developer maintains said coverage. Any termination of workers'
compensation insurance coverage by Developer or any cancellation or nonrenewal of
workers' compensation insurance coverage for the Developer shall be a material
breach of this Agreement. The above policy shall include a waiver of subrogation in
favor of the City.
Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 21