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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 NMI S Developer Agreement — City / Jackie Moon Properties, LLC, Project 92254G 13 ®I l BMW FH❑�m� III Lubbock I I� ISSOATA SERNCFS REVARTMEN Overton Park Nick's Sports F_ Bar Location LEGEND h ®Nkk's5pom By rn Far Srk 1 _ Umamrcm 1-1 Sola U 0 ch—b., it �`rrr ®C _ _ _ �� \Iu114Family llomiog R.U. Ha mV RtlaJlIlNiall Usr/OR ®I l BMW FH❑�m� III Lubbock I I� ISSOATA SERNCFS REVARTMEN Overton Park Nick's Sports Bar Location LEGEND h ®Nkk's5pom By rn Far Srk 1 _ Umamrcm 1-1 Sola U 0 ch—b., T.—h mmv TownM1omes Hour vgamlly �`rrr ®C _ _ _ �� \Iu114Family llomiog R.U. Ha mV RtlaJlIlNiall Usr/OR ®I l BMW FH❑�m� III Lubbock I I� ISSOATA SERNCFS REVARTMEN EXHIBIT B DESIGN Developer Agreement — City / Iackic Moon Properties, LLC, Project 922540 14 Dll 'jg5,u, l tpw O 004N-LbL-(90E)-L MLBZ-895-(YOB)-t LOT U5 'JVWSZ_C INV 'd V9 S121OdS dNV-LN'v 1nV-LS321 S.>IDIN »oxn uvxavviv ,,.� hr 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 US XI nARWASHARPMM PP 5111 FI'ism ,alit ■ 11 . ,nronnoxE mxo � cLrsAA r.IH r' 11 til .711 ST T IXIII SI — r .1 Y M hr w `Ixrns Rl,l sl I,m XT •Re.Wmxal NOM _ fommemi.l Aldhm-Dev.ip _ PA&U,e Tnn.rynl.IMn A 11111HM city Of — P.h,epmm.IWn ,'.f.,,IIARJ lubbock _ RnWm,Wl pl¢H-0emip O NnnH a.enan TlF Bwndun 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. REn: 16 8itflr Aoe ahtl'$JW// Wal-Mart _ o�sRa .. - .. T Texas Tech r -a. University at a - a aau I m,a�a �J aamr rne�0. REn: 16 8itflr Aoe ahtl'$JW// Wal-Mart _ o�sRa .. - .. T m Cauav YrinM1ml m at uN>maus 8maboy CuC � RrWI �fallvAv flomb.P B � Cluh � C��� <':IC 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 E LL • Q v o Iw 3 fl N 3 lil3 A I N n I t iz EXHIBIT F 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 LL W H !Y 0] Q X 7 W N I 3 N 3 A V l I S 21 3 A I N n W !Y 7 3 N 3 A V l I S 21 3 A I N n 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 m_ x w fl N TA V A 1 I S N 3 A I N n c. v LL LL r ED x x W d a Ln m 4 oY A A to I I I L I I d a Ln m 4 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 _m x x w 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 J V I w N C N o a X 3 0 0 N D j y O C « 0 c a a d N C J O m d -- c a J O U 6 C N U n N a 6 N O O a N C v N v _C v v � E o o o a F c a 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 £ t\!(7(\k �k ! ■ 'f 00<M0 2! z U),MM Co§; k� # §;;$]0 k Jft7\Z)0 -- M % �ono3: f ki 'D ■ ■ a vi 0 § : �] { - m2$;� 0 ; | § Ga ; CL 2 > {/\\� k( - , ! - 2 )\G»{!§k\ )_ £ 2 �k/!®f k\Ir ■ \{\§{§ 42 c {}/,k®�«`!�a {)j{{ Mi/{k/\7 ®{*uj§ wv 0— {jƒ/}§ (M(■ ƒ!/&| j\§f)§/E§«!� &$\k x/ /0 E= )kZ\\ /}\k ; m#-¥ =f«« Mmla- ; )\)/! �a7[/2//!#f/ {§/I '§!{]) «m�kaat\�&/y `f:! .t�§� $|;{!§fk!®ak ®° '7{%{� | E mujoaam 0 —0 §tk( c,' ■ t;#®`#|f2|2« :§$7 7-- \`:S })\j , ;MD S3 =l;E@ ! _ I,�BBm�I; ; Z)U) ; (D--9 ,=aar;= u)- 0 3 n N 3 A V C�C�O C DC n�1 Alisa3A1Nn 1 r _m r e 0 v EXHIBIT F 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 LL F Cc S W 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 LL M 2 x W d i w K. m m U R_- m m C T m C OJE >C d c d m U ;O ❑ E J N m T m o f >> m e v s d u c 0 'N o w a 4 c c 5 o m Z m umi E= m m a o N o« m« 9 c d n A N O W S CL m o u c m m v C c m C h« 10 U U 0 N E N m m d N N m m N C L E N d> d m O a m N -o a 3 m a O m N d m N g m N O m O 0 L J m C N m t m m 00 O N C = a m LL O. �- C 'aC. U N C \ d> c d m N rL.• c c C ry y C 0 O� L > m a m v o m ~ E a m o u o o N t 3= o c -0 d O N v H N d n g E c N d C 6 {L N C :c m N C N m L d C) n o m N o m m N m 5 C V m Ol a s (/J m_ N O C y O U a m M O` N ..J.. m L m a 0 w m N �O m J m U O Mo N N y N_ may, ou mem m m a c m E= o J c a `o m$c t a o m m C y m O m m O m O U« J E U j1: V a N a C a s v J d d m 0 0 c E d c o J o o n u o t t y� r m U n m U �f,` N N N 0 m v a) LL 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 ( U- - $$k 7 0 co V) .... . \ �) \\t\ �aa�la2 Z\]) !;}ƒ0 0 0 ;)){E 4;, ()m 00 ;E !»2f\ \{!& )/R�:§= #$!# f)]f l0 Ai?■% LL r m 2 W a k i d V N C C O u a N v a v K 0! C Q C O u v y 7. 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 a c m a 0 4 ca ii C Q O N Y > `1 T •C m O G w0 G M c> E YO LL m C O 0 p m O W 0 _l O a C C] U Cel J -c N -O W W ._ U m m N O > _ o 3� m w' - d v C7 m t m (7 oU- `� O E N M O c Ol U m N C U p 0 U OI M 2 a N Cf N E }' ?� 2 U) m R N (O Z N E p o O N N N 0 m o 6 C c N0. .O o 0 v E 9 ,poo m O c LL Or p a O n L E of m 0 J C a OJ a Y c m m o n N 'J L N E J` Kq E c o E E c_ w E 2 m O Y j c E LL Q O U d C D m c 0 d C C .� m L N c N C "O C 9 O d E j O O O d m E 0 N J Q a N m J 2 5 3 Q d (n U) 10 C1 J J O J O U N O Q Q a c m a 0 4 ca ii "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 BAB w M X Yf SAY. P/AIICAY M( w BAB BB ON m B PHIXBAYS PLWIFA POfMR PI/Hlpl PJWT M NglIM 9p[ P.WCWAY Ox YLM BAB Bn wo PwnPx Poort* 0 O 0B 0 Df z �w w a. O ao o� � a° Baa F a� H jjI 000000 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