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HomeMy WebLinkAboutCity Packets - City Council - 10/17/2023 - RegularAgenda Item No:1.1 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Call to Order Suggested Action: Attachments: 4 Agenda Item No:1.2 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Invocation Suggested Action: Attachments: 5 Agenda Item No:1.3 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Pledge of Allegiance to the United States Flag Suggested Action: Attachments: 6 Agenda Item No:1.4 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Salute to the Texas Flag Suggested Action: Attachments: 7 Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 8 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Presentation Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Roseberry) Suggested Action: Attachments: 9 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 10 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from October 4, 2023. (Stewart) Suggested Action: Attachments: October 4, 2023 DRAFT Minutes.docx 11 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON OCTOBER 4, 2023 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 4 th day of October 2023, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Councilmember Robyn Holtz, Councilmember Brian Wade, Mayor Pro Tem David Terre, Councilmember Perry Schrag, Deputy Mayor Pro Tem Joel Marks, Councilmember Present Present Absent (Personal) Present Present Present Present And with 6 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Pastor Mike Bishop with Lakeway Baptist Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Proclamation recognizing National Chiropractic Health Month. Mayor recognized the month of October 2023 as “Chiropractic Health Month.” Dr. Maurice Findley accepted the proclamation. 1.6 Items of Community Interest 1.6.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Priscilla Schubert, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT None. 12 City Council – Regular Meeting Agenda October 4, 2023 Page| 2 3.0 WORK SESSION 3.1 Council to receive a presentation from Communications/CVB regarding the latest episode of The Colony Culture Video Series. Communications Director, Blaine Crimmins, along with Director of The Convention & Visitors Bureau, Mariko Lanicek, presented this item. 3.2 Council to provide direction to staff regarding future agenda items. None. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos 4.1 and 4.3 – Ensweiler; second by Wade, motion carried with all ayes. ***Item No. 4.1 was pulled from the consent agenda for separate discussion.*** 4.1 Consider approving City Council Regular Session meeting minutes from September 19, 2023. Motion to approve amendment as discussed - Ensweiler; second by Schrag, motion carried with all ayes. 4.2 Consider approving Council expenditures for August 2023. ***Item No. 4.3 was pulled from the consent agenda for separate discussion.*** 4.3 Consider approving a resolution authorizing the City Manager to execute the annual sponsorship of the LPGA Tour Event to be held at Old American Golf Club October 2 – October 8, 2023 in the amount of $150,000.00 to be funded from HOT fund per existing contract. Motion to approve- Ensweiler; second by Marks, motion carried with all ayes. RESOLUTION NO. 2023-068 4.4 Consider approving a resolution authorizing the Mayor to execute an Interlocal Agreement with Denton County for Library Services. RESOLUTION NO. 2023-069 13 City Council – Regular Meeting Agenda October 4, 2023 Page| 3 4.5 Consider approving a resolution authorizing the City Manager to accept a bid from Moore Construction, Lewisville, TX in the amount of $74,322.70 for fleet maintenance concrete panel structural repair. RESOLUTION NO. 2023-070 4.6 Accept the Notice of the expenditure of Police Forfeited Funds for Load Bearing Bullet-Proof Vest Carriers. 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider an ordinance regarding the Site Plan application of “Kroger Fuel,” a Service Station (Motor Fuel) use including an approximately 276 square- foot retail building, seven (7) fuel dispensers, and a 5,418 square-foot fuel canopy within Lot 47R, Block 1, in the Garza-Little Elm Lake Estates. The subject site contains approximately 1.15 acres, and is located southeast of the intersection of Main Street (FM 423) and East Lake Highlands Drive within the General Retail Zoning District and the Gateway Overlay District. Director of Planning, Isaac Williams, presented the proposed site plan ordinance to Council. Motion to approve– Wade; second by Ensweiler, motion carried with all ayes with the exception of Marks voting no. ORDINANCE NO. 2023-2536 5.2 Discuss and consider an ordinance regarding the Site Plan application of “Lake Highlands Retail Building,” an approximately 3,382 square-foot retail building within Lot 1R, Block 7, in the Garza-Little Elm Lake Estates. The subject site contains approximately 0.44 acres, and is located at 7447 Main Street within the General Retail Zoning District and the Gateway Overlay District. Director of Planning, Isaac Williams, presented the proposed site plan ordinance to Council. Motion to approve– Ensweiler; second by Marks, motion carried with all ayes. ORDINANCE NO. 2023-2537 **AGENDA ITEM NOS. 5.3 AND 5.4 PRESENTATIONS COMBINED AND VOTED ON TOGETHER** 5.3 Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to Axon Enterprises, Inc. in the amount of $627,264.00 for vehicle replacement dashboard camera system through Buyboard contract #648-21. 14 City Council – Regular Meeting Agenda October 4, 2023 Page| 4 Police Chief, David Coulon, along with Axon Representative, Matt Appelbaum, presented this item and answered questions from Council. Motion to approve– Wade; second by Ensweiler, motion carried with all ayes. RESOLUTION NO. 2023-071 5.4 Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to Axon Enterprises, Inc. in the amount of $791,166.80 for the replacement body worn camera system through Buyboard contract #648-21. RESOLUTION NO. 2023-072 5.5 Discuss and consider nominations for individuals to serve on the Denton Central Appraisal District Board of Directors for a two-year term beginning January 1, 2024. Council provided discussion on this item. Motion to approve the nomination of David Terre- Schrag; second by Wade, motion carried with all ayes. RESOLUTION NO. 2023-073 Executive Session was convened at 7:45 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Regular Session was reconvened at 8:22 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:22 p.m. APPROVED: 15 City Council – Regular Meeting Agenda October 4, 2023 Page| 5 __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Kimberly Thompson, Deputy City Secretary 16 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a contract with F&F Concrete for the construction of the Five Star Maintenance Yard Road Connector in the amount of $78,929.98. (Lehmann) Suggested Action: Attachments: The Colony - Inv. 3992 2023-10-11 14_55_18.pdf City of Coppell Bid Q102103 Sidewalk Street & Alley Pavement.pdf Five-Star-PAVEMENT.pdf F & F Concrete Parks Five Star Project Agreement.docx Res. 2023-xxx F&F Concrete, Services Contract.docx 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 August, 2023 FIVE STAR MAINTENANCE YARD ROAD CONNECTOR CITY OF THE COLONY DENTON COUNTY, TEXAS VICINITY MAP NOT TO SCALE PROJECT SITE STAGING AREA* FI V E S T A R M A I N T E N A N C E Y A R D R O A D C O N N E C T O R 89 CHECKED BY: PROJECT # SHEET NO: SCALE: DRAWN: DATE: GENERAL NOTES C-2 N.T.S. 90 N EXISTING CONDITION & DEMOLITION PLAN C-3 1"=40' CHECKED BY: PROJECT # SHEET NO: SCALE: DRAWN: DATE: 91 N PAVING & GRADING PLAN C-4 1"=30' CHECKED BY: PROJECT # SHEET NO: SCALE: DRAWN: DATE: 92 PAVING SUBGRADE GENERAL NOTES: PAVING GENERAL NOTES:GRADING NOTES: PAVING & GRADING NOTES & DETAIL C-5 CHECKED BY: PROJECT # SHEET NO: SCALE: DRAWN: DATE: N.T.S. 93 94 95 96 97 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 1 STATE OF TEXAS §CITY OF THE COLONY,TEXAS §AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This Agreement for Professional Services (“Agreement”) is made by and between the City of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and F & F Concrete (“Professional”) (individually, each a “Party” and collectively, “Parties”), acting by and through the Parties’ authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services for City for Five Star Concrete Project (“Project”) in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional’s profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 98 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 2 2.2 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control by City of Coppell inter-local agreement. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 Schematic Design Documents, Design Development Documents, Contract Documents, Drawings, Plans, Specifications and other documents, including those in electronic form, prepared by Professional and its consultants, agents, representatives, and/or employees in connection with the Project (“Project Documents”) are intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project Documents. Notwithstanding the foregoing, City shall own, have, keep and retain all rights, title and interest in and to all Project Documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project Documents, whether in draft form or final form, which are produced at City’s request and in furtherance of this Agreement or for the Project. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment suppliers to reproduce applicable portions of the Project Documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Professional in connection with this Agreement are “works for hire” and shall be the property of City. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re-use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City’s sole risk, without liability to Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the “Work Schedule”). 99 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 3 4.2 In the event Professional’s performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional’s request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional as more specifically set forth in Exhibit “A” by payment of a fee not to exceed $79,929.98. 5.2 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional’s approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. 100 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 4 Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional’s services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs Professional’s work, except as may be set forth in Exhibit A. 101 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 5 7.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the services provided under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and Professional shall be and remain liable to Cityin accordance with applicable law for all damages to City caused by Professional’s negligent performance of any of the services furnished under this Agreement. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of The Colony, Texas Attention: CHERISE DE LOS SANTOS, PURCHASING MANAGER 6800 Main Street The Colony, Texas 75056 A.Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B.Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C.Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. D.Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of $2,000,000 per claim, $2,000,000 annual aggregate. 102 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 6 NOTE:If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty- six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A.A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. B.The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader . C.All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. 103 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 7 Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement while respecting City of Coppell inter-local agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event 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 by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 104 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 8 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City:With Copy to: Troy C. Powell ATTN: CHERISE DE LOS SANTOS City Manager City of The Colony City of The Colony 6800 Main Street 6800 Main Street The Colony, Texas 75056 The Colony, Texas 75056 If intended for Professional: F & F Concrete, LLC P. O. Box 1592 Rowlett, Texas 75030-1592 ______________________ ______________________ 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 105 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 9 10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional’s obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional’s nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 106 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 10 10.17 Confidential Information.Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional’s obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional’s own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, “Confidential Information” means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non- public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies.No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. 107 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 11 EXECUTED this _______ day of _____________________, 2023. City of The Colony, Texas By: City Manager Attest: City Secretary EXECUTED this _______ day of _____________________, 2023. Professional By: Name: ____________________________________ Title: ____________________________________ Attest: Secretary 108 Exhibit A Scope of Services 109 Exhibit B Work Schedule 110 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF THE COLONY AND F&F CONCRETE, FOR THE CONSTRUCTION OF THE FIVE STAR MAINTENANCE YARD ROAD CONNECTOR; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to execute a contract with F&F Concrete for the construction of the Five Star Maintenance Yard Road Connector in the amount of $78,929.98. Section 2. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS THE 17th DAY OF OCTOBER 2023. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 111 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an agreement for Construction Manager at Risk services with Steele and Freeman, Inc. for renovation of the Trinity North building in the amount of $689,086.00 and 3.5% of the projects guaranteed Maximum price. (Shallenburger) Suggested Action: The Guaranteed Maximum Price will be generated when all architectural and preconstruction phases of the project are completed and construction estimates with contingencies can be developed and presented to the City of The Colony CIty Management for approval. Attachments: Trinity North Construction Manager at Risk Agreement.pdf 2816_001.pdf 2817_001.pdf 2815_001.pdf Res. 2023-XXX Construction manager at Risk Services Contract for Trinity North.docx 112 CONSTRUCTION MANAGER AT RISK AGREEMENT – Steele & Freeman, Inc. 1 CITY OF THE COLONY, TEXAS CONSTRUCTION MANAGER AT RISK AGREEMENT For the consideration hereinafter set forth, STEELE & FREEMAN INC. (“Contractor” or “Construction Manager”), a Texas corporation with an office at 1301 Lawson Road, Fort Worth, Texas, agrees to provide construction services to the CITY OF THE COLONY: TEXAS (“City” or “Owner”), for the project(s) and work identified in this Construction Manager at Risk Agreement (“Agreement”). This Agreement is effective as of ___________________________________2023, and unless earlier terminated pursuant to the provisions hereof, shall continue through the completion of performance of the work specified hereunder. WHEREAS, Owner desires to obtain professional construction and construction manager services from Contractor for the North Trinity Renovation project ("'Project''); and WHEREAS, Contractor is a construction firm selected to provide such services, based upon Contractor's municipal experience, references and qualifications, and is willing to undertake the performance of such services for Owner in exchange for payment and fees as hereinafter specified. NOW, THEREFORE, in consideration of the covenants and agreements contained herein and in the Contract Documents, and subject to the terms and conditions hereinafter stated, Owner and Contractor do mutually agree us follows: ARTICLE 1. CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE The term “Contract Documents” shall include and consist of the following documents: 1. This Agreement; 2. Standard Form of Agreement Between Owner and Construction Manager as Constructor, AIA Document A305, and Exhibits A, B, C, D, E, and the Guaranteed Maximum Price Amendment attached thereto; (a) RFP No. 68-23-16 Trinity North CMAR, for renovation of the North Trinity building located at 6053 Main Street, The Colony, Texas (“Project Site”); (b) AIA Documents as required; and (c) Whenever the term “AIA Document A201-2007, General Conditions of the Contract for Construction” or similar reference is used in the Contract Documents, including but not limited to the Standard Form of Agreement Between Owner and Construction Manager as Constructor, AIA Document AI33- 2009, and Exhibit A, the Guaranteed Maximum Price Amendment attached to A133-2009, then such reference shall mean the AIA Document A201-2007 referenced in this Section 3(b), as same is applicable to the Project under Section 2, above. 4. Supplementary Conditions to AIA Documents; 5. Any Addenda adopted and agreed to by Owner and Contractor applicable to the Project; 6. The Specifications contained in the Project Manual adopted and agreed to by Owner and Contractor applicable to the Project; 7. The Drawings adopted and agreed to by Owner and Contractor applicable to the Project; 113 CONSTRUCTION MANAGER AT RISK AGREEMENT – Steele & Freeman, Inc. 2 8. Other documents that form part of the Contract Documents; (a) Contractor's Qualification Statement; (b) Advertisement for Bids; (c) Instruction to Bidders; (d) Bid form; (e) Certified Sealed Proposal submitted by Con tractor; and 9. Other amendments and/or modifications to the above documents agreed upon by Contractor and Owner. These Contract Documents incorporated by reference into this Agreement as if set out herein in their entirety. The Contract Documents intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed above. In the case of inconsistency between the documents that is not resolved by the order in which they are listed above, the better quality or greater quantity of work provided in accordance with the Owner's interpretation. Should Drawings disagree in themselves or with Specifications and are not clarified by addendum, the better quality or greater amount of Work or materials shall be estimated upon and, unless otherwise ordered by Architect in writing, shall be performed and furnished. Figures given on Drawings govern scale measurements, and large-scale details govern small-scale drawings. ARTICLE 2. EMPLOYMENT OF CONTRACTOR 1. Contractor will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the contractor/construction manager profession, both public and private, currently practicing in the North Texas area under similar conditions including, but not limited to, the exercise of reasonable, informed judgments and prompt timely action. If Contractor is representing it has special expertise in one or more areas to be utilized in this Agreement, then Contractor agrees to perform those special expertise services to the appropriate local, regional and national professional standards. 2. The Contractor’s and Owner’s representatives on the project are listed as follows: (a) Contractor’s Representative: Bradley Walters, Project Manager Steele & Freeman, Inc. 1301 Lawson Road Fort Worth, Texas 76131 (817) 232-4742 bwalters@steelefreeman.com (b) Owner’s Representative: Brian Blythe, Facility Maintenance Director City of The Colony, TX 6800 Main Street The Colony, Texas 75056 (972) 624-3130 bblythe@thecolonytx.gov 114 CONSTRUCTION MANAGER AT RISK AGREEMENT – Steele & Freeman, Inc. 3 Neither the Owner nor the Contractor's representative shall be changed without ten (l 0) days’ prior written notice to the other party. Additionally, the roles and responsibilities of the following individuals shall not be materially changed during the project duration, provided their employment with the Contractor continues, and any such proposed change in the following personnel must have prior written approval by the Owner: Brian Hennington – Project Executive providing a minimum of 20% time commitment to the Project(s). Bradley Walters - Project Manager providing a minimum of 100% time commitment to the Project(s). Determined by Actual Start of Construction - Project Superintendent providing a minimum of 100% time commitment to the Project(s). ARTICLF. 3. SCOPE OF SERVICES Contractor shall perform such services are necessary to the Project specifically including, but not necessarily limited to, the tasks enumerated more fully in the Contract Documents. ARTICLE 4. CONTRACTOR'S LIABILITY 1. Acceptance of the Work by Owner shall not constitute nor be deemed a release of the responsibility and liability of Contractor, its employees, associates, agents or subcontractors for the accuracy and competency of their performance of the work; nor shall such acceptance be deemed an assumption of responsibility by Owner for any defect in the performance of the Work by said Contractor, its employees, associates, agents or subcontractors. 2. If at any time during the term of this Agreement: Contractor shall fail to perform the Work in accordance with the provisions of this Agreement or fail to diligently provide construction manager at risk construction services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number of personnel or quality of personnel to complete the Work or fail to perform any of its obligations under this Agreement, then Owner shall have the right, if Contractor shall not cure any such default after thirty (30) days' written notice thereof, to terminate this Agreement. Any such act by Owner shall not be deemed a waiver of any other right or remedy of Owner. If, after exercising any such remedy due to Contractor's non-performance under this Agreement, the cost to Owner to complete the Work to be performed under this Agreement is in excess of that part of the Agreement sum which has not theretofore been paid to Contractor hereunder, Contractor shall be liable for and shall reimburse Owner for such excess. 3. Owner may deduct from any amounts due or to become due to Contractor any sum or sums owed to a Contractor to Owner. In the event of any breach by Contractor of any provision of this Agreement or in the event of any claim against Owner arising out of Contractor’s performance under this Agreement, Owner shall have the right to retain out of any payment due or to become due to Contractor an amount determined by Owner to be sufficient to protect Owner from any and all loss, damage or expense therefrom, until the breach or claim has been satisfactorily remedied or adjusted by Contractor. Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. Owner may withhold payment of some or all or any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under this Agreement. Amounts withheld under this Article shall be in addition to any retainage. 4. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten (10) day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change 115 CONSTRUCTION MANAGER AT RISK AGREEMENT – Steele & Freeman, Inc. 4 Order issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect’s additional services, if any, made necessary by such default neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 5. CONFIDENTIAL INFORMATION Contractor hereby acknowledges and agrees its representatives may have access to or otherwise receive information during the furtherance of its obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Contractor shall treat any such information received in full confidence and wil1 not disclose or appropriate such confidential information for its own use or any third party at any time during or subsequent to this Agreement. As used herein, “confidential information” means all oral and written information concerning Owner, its affiliates and subsidiaries, and all oral and written information concerning Owner, or its activities, that is of a non-public, proprietary or confidential nature including, without limitation information pertaining to customer lists services, methods, processes and operating procedures, together with all analyses, compilation, studies or other documents, whether prepared by Contractor or others, which contain or otherwise reflect such information. The term “confidential information” shall not include such materials that are or become generally available to the public other than a result of disclosure by Contractor, or required disclosed by a governmental authority under applicable law. ARTICLE 6. INDEMNITY NOTWITHSTANDING ANY OTHER PROVISION IN THE CONTRACT DOCUMENTS TO THE CONTRARY: 1. CONTRACTOR SHALL DEFEND INDEMNIFY AND HOLD HARMLESS OWNER, ITS CITY COUNCIL, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CITATIONS, CLAIMS, COSTS DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR RESULT FROM THE PERFORMANCE OF THE WORK OR WHICH ARE CAUSED BY THE INTENTIONAL ACTS OR NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR ITS SUBCONTRACTORS, AND ANY OTHER THIRD PARTIES FOR WIIOM OR WHICH CONTRACTOR ITS LEGALLY RESPONSIBLE (TIIE “INDEMNIFIED ITEMS”). BY WAY EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ATTORNEYS FEES AND COSTS OF COURT, COURT COSTS AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEY’S FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. 2. IN ITS SOLE DISCRETION, THE CITY SHALL HAVE THE RIGHT TO APPROVE COUNSEL TO BE RETAINED BY CONTRACTOR IN FULFILLING ITS OBLIGATION TO DEFEND AND INDEMNIFY THE CITY. CONTRACTOR SHALL RETAIN APPROVED COUNSEL FOR THE CITY WITIIIN SEVEN (7) BUSINESS DAYS AFTER RECEIVING WRITTEN NOTICE FROM THE CITY THAT IT IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONTRACTOR DOES NOT RETAIN COUNSEL FOR THE CITY WITHIN THE REQUIRED TIME, THEN THE CITY SHALL IIAVE THE RIGHT TO RETAIN COUNSEL AND THE CONTRACTOR SHALL PAY THESE ATTORNEY'S FEES AND EXPENSES. THE CITY RETAINS THE RIGHT TO PROVIDE AND PAY FOR ANY AND ALL COSTS OF DEFENDING INDEMNIFIED ITEMS, BUT IT SHALL NOT BE REQUIRED TO DO SO. 116 CONSTRUCTION MANAGER AT RISK AGREEMENT – Steele & Freeman, Inc. 5 3. THE OBLIGATIONS SET FORTH IN THIS ARTICLE SHALL SURVIVE TIIE EXPIRATION OR TERMINATION OF THIS AGREEMENT. 4. Contractor shall cause all contracts for subcontracted services to include a like indemnity that shall cover both the Owner and Contractor. Nothing herein shall limit the insurance requirements or applicability of same set forth in this Agreement and the Contract Documents. 5. The above in indemnity is a business understanding between the parties and applies to all different theories of recovery, including breach of contract or warranty, tort including negligence, statutory liability or any other cause of action. ARTICLE 7. TERMINATION OR SUSPENSION 1. If the Owner fails to make payments to the Contractor in accordance with this Agreement, such failure may be considered substantial nonperformance and cause for termination or, at the Contractor's option, cause for suspension of performance of Work under this Agreement. If the Contractor elects to suspend performance of the Work, the Contractor shall give ten (10) days' written notice to the Owner before suspending performance of the Work. In the event of a suspension of performance of the Work, the Contractor shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of performance of the Work. Before resuming work, the Contractor shall be paid all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Contractor's Work. 2. If the Owner suspends the project, the Contractor may be compensated for work performed satisfactorily prior to notice of such suspension. When the Project resumes, the Contractor may be compensated for expenses incurred in the interruption and resumption of the Contractor's performance of the Work. The Contractor's fee for the remaining work and the time schedule equitably adjusted. If the Owner suspends the Project for more than ninety (90) cumulative days for reasons other than the fault of the Contractor, the Contractor may terminate this Agreement by giving not less than thirty (30) days' written notice. 3. Either party may terminate this Agreement upon not less than thirty (30) days’ written notice should the other party substantially fail to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 4. The Owner may terminate this Agreement upon not less than thirty (30) days' written notice to the Contractor for the Owner’s convenience and without cause. In the event of termination not the fault of the Contractor, the Contractor may be compensated for services performed prior to termination. 5. Notwithstanding any other provision in the Contract Documents to the contrary, it is agreed by the parties that: (1) if an order for relief is entered on beha1f of Contractor pursuant to Title 11 of the United States Code, (2) if any other similar order is entered under any other debtor relief laws, (3) if Contractor makes a general assignment for the benefit of its creditors, (4) if a receiver is appointed for the benefit of Contractor's creditors, or (5) if a receiver is appointed on account of Contractor's insolvency, any such event could impair or frustrate Contractor's performance of the Contract Documents. Accordingly, it is agreed that upon occurrence of any of the above-listed events, Owner shall be entitled to request of Contractor or its successor in interest adequate assurance of future performance in accordance with the terms and conditions of the Contract Documents. Failure to comply with such request within ten (10) days of delivery of the request shall entitle Owner to terminate this Agreement. In all events pending receipt of adequate assurance performance and actual performance in accordance therewith, Owner shall he entitled to proceed with the Work with its own forces or with other contractors on a time and material or other appropriate basis, the cost of which will be back-charged against the Guaranteed Maximum Price. 117 CONSTRUCTION MANAGER AT RISK AGREEMENT – Steele & Freeman, Inc. 6 ARTICLIE: 8. CLAIMS AND DISPUTES 1. The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other party arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution set forth in this Agreement within the period specified by applicable law. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Article. To the extent damages covered by property insurance, the Owner and Contractor waive all rights against each other and against the contractors, employees, agents, and subcontractors of the other party for damages, except such rights as they may have to the proceeds or such insurance as set forth in the Contract Documents. The Owner or Contractor, as appropriate, shall require of the contractors, employees, agents, and subcontractors of any of them similar waivers in favor of the other parties enumerated herein. 2. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. The Owner and Contractor shall endeavor to resolve claims, disputes and other matters in question between them first, informally and second, by mediation. A request for mediation shall he made in writing, delivered to the other party to this Agreement and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for longer period by agreement of the parties or court order. The parties shall have fifteen (15) days after receipt of a request for mediation to agree on a mediator. If the parties are unable to agree on a mediator within fifteen (15) days, each party shall have an additional five (5) days to designate a mediator. The two mediators so designated shall then designate a third unbiased mediator who shall be the mediator to conduct the mediation. The decision of the mediator shall be nonbinding. The parties shall share the mediator's fee and any filing fees equally. The mediation held in the place where the project is located, unless the parties mutually agree upon another location. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 3. If the parties do not resolve a claim, dispute or other matter in question through mediation pursuant to this Article, the method of binding dispute resolution shall be litigation in a court of competent jurisdiction. ARTICLE 9. INSURANCE AND BONDS 1. The Contractor shall, at its own expense, procure pay for and maintain during the term of this Agreement the following insurance written by companies approved by the State of Texas and acceptable to Owner. The Contractor shall furnish to the Owner certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, and expiration dates in compliance with all applicable required provisions: (a) General Liability: Commercial General Liability insurance, including, but not limited to Premises/Operations (including X C and U coverage as applicable), Personal & Advertising Injury (with Employment Exclusion deleted), Products/Completed Operations, Independent Contractors and Contractors Liability, with minimum combined single limits of $2,000,000.00 per occurrence, $2,000.000.00 Products/Completed Operations Aggregate, and $2,000,000.00 General Aggregate. Coverage written on an occurrence form. The General Aggregate shall apply on a per project basis. (b) Automobile Liability: Business Automobile Liability insurance covering owned, hired and non-owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000.00 per occurrence. 118 CONSTRUCTION MANAGER AT RISK AGREEMENT – Steele & Freeman, Inc. 7 (c) Workers Compensation: Workers' Compensation insurance with statutory limits; and Employer's Liability coverage with minimum limits for bodily injury: (a) by accident $1,000,000.00 each accident, and (b) by disease, $1,000,000.00 per employee, with a per policy aggregate of $1,000,000.00. (d) Professional Liability: Professional Liability insurance to provide coverage against any claim which the Contractor and all subcontractor engaged by the Contractor become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of $2,000,000.00 per claim, $4,000,000.00 annual aggregate. Contractor shall not commence work at the project site(s) under this Agreement until all required insurance is obtained and appropriate certificates submitted to Owner. If Owner is damaged by the failure of Contractor to maintain such insurance as required by the Contract Documents, then Contractor shall bear all reasonable costs properly attributed to such failure. 2. If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by Owner. 3. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows; (1) a waiver of subrogation in favor of Owner, its officials, employees and officers shall be contained in the Workers' Compensation insurance policy; (2) the Owner, its officials, employees. and office shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader; and (3) all insurance policies shall be endorsed to the effect that Owner will receive at least thirty (30) days’ notice prior to cancellation, non-renewal, termination, or a material change of the policies. All insurance purchased from an insurance company that meets a financia1 rating of B+1V or better as assigned by A. M. Best Company or equivalent. 4. Pursuant to Texas Administrative Code, Title 28 Section 110.110(c), the following language is hereby included in this Agreement: REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing service related to this construction project covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. Call the ‘Texas Workers’ Compensation Commission at 512.440.3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer’s failure to provide coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code, Title 28, Section 110.110 entitled ''Reporting Requirements for Building or Construction Project for Governmental Entities." Under Section 110.110: (1) certain language must be included in this Agreement and in the Contractor's contracts with subcontractors and others relating to the Work, (2) the Contractor is required to submit to the City certificates of coverage for its employees and for all others providing services relating to the Work until the project Work is completed, and (3) the Contractor is required to post certain notices at job sites. 119 CONSTRUCTION MANAGER AT RISK AGREEMENT – Steele & Freeman, Inc. 8 5. The Contractor shall procure and pay for performance and payment bonds applicable to the Work, in accordance with Texas Government Code, Chapter 2253. The performance and payment bonds issued in forms acceptable to Owner. Among other things, these bonds shall apply to any work performed during Contractor’s performance under this Agreement, and to any work performed during the warranty period after acceptance. The performance and payment bonds shall be issued by a corporate surety authorized to issue performance and payment bonds in Texas. Further, the Contractor shall supply to the Owner all capital and surplus information concerning the surety and all reinsurance information concerning the performance and payment bonds upon Owner request. ARTICLE 10. MISCELLANEOUS 1. Choice of Law: The law of the State of Texas shall govern this Agreement, and exclusive venue for any dispute shall be in any court of competent jurisdiction in Denton County, Texas. 2. Severability: If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceable provisions shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein; and it is the intention of the parties that in lieu of each provision that is found to be illegal, invalid, or unenforceable, the parties seek to reasonably negotiate a new provision to this Agreement which is legal, valid, and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 3. Notice: Except as otherwise provided in this Agreement or the Contract Documents, all notices and other communications required or permitted to be given under this Agreement, shall be in writing, addressed to the parties at their respective addresses as provided below, and may be delivered in person, sent by overnight express mail or courier service, or by certified mail, postage prepaid, return receipt requested. The addresses of each party are as follows: If to the Owner: City of The Colony, Texas Purchasing Manager – C. De Los Santos 6800 Main Street The Colony, TX 75056 If to Contractor: Steele & Freeman, Inc. President - Michael D. Freeman 1301 Lawson Road Fort Worth, TX 76131 Each party may from time to time change its address for receipt of notices by sending notice thereof in the manner provided herein to the other party. Each notice given by certified mail shall be deemed delivered on the date of delivery as shown on the return receipt, or if delivery is attempted, at the last address specified and the notice is returned, notice shal1 be deemed delivered on the date the notice was originally sent. Each notice delivered in any other manner deemed delivered as of the time of actual receipt thereof. The parties acknowledge and agree to provide to the other party within seventy-two (72) hours or transmission such notice documents bearing the original signatures. 4. Unsatisfactory Work: Nothing contained in this Agreement shall require Owner to pay for any work that is unsatisfactory as determined by Owner or which is not submitted in compliance with the terms of this Agreement, nor shall such failure to withhold payment pursuant to the provisions of this Section constitute a waiver of any right, at law or in equity, which Owner may have if Contractor is in default, including the right to bring legal action for damages or for a specific performance of this Agreement. 120 CONSTRUCTION MANAGER AT RISK AGREEMENT – Steele & Freeman, Inc. 9 5. Retainage: As is set forth in the Contract Documents, retainage may be withheld and paid to: (a) ensure proper completion of the work, and the Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; (b) ensure timely completion of the work, and the Owner may use retained funds to pay liquidated damages and (c) provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract document. Retained funds of five percent (5%) of each invoice submitted during the project shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor a part of the final payment. 6. No Respondent Superior: Contractor will have exclusive control of and the exclusive right to control the details of the work performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, and the doctrine of respondent superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors, and subcontractors, an nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. 7. Conflict of Interest: Contractor covenants and agrees Contractor and its associates and employees will have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Agreement. Employees, associates or subcontractors of Contractor, will conduct all activities, investigations and other efforts made by Contractor pursuant to this Agreement. 8. Non-Waiver: The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment to any extent of any such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same sha1l be and remain in full force and effect. 9. Assignment: The Owner and Contractor, respectively, bind themselves their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Contractor shall assign this Agreement without the prior written consent of the other party. 10. No Third-Party Beneficiary Created: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Contractor. 11. Signatures: The undersigned officers and/or agents of the parties hereto are the properly authorized persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary motions, resolutions or other act extending such authority duly passed and are now in full force and effect. [Signature page next] 121 122 123 124 125 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A CONSTRUCTION MANAGER AT RISK CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND STEELE & FREEMAN, INC., FOR THE RENOVATION OF THE TRINITY NORTH BUILDING LOCATED ON FM 423 (MAIN STREET), WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”;AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT; PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council has determined that it is in the best interest of the citizens to execute a construction manager at risk contract with Steele & Freeman, Inc., for the renovation of the Trinity North building located on FM 423 (Main Street), which is attached hereto and incorporated herein as Exhibit “A”; and WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum of $403,895.00 and 3.75% of the projects guaranteed maximum price for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Council of the City of The Colony, Texas hereby awards a bid to Steele & Freeman, Inc., and authorizes execution of a construction manager at risk contract for the renovation of the Trinity North building located on FM 423 (Main Street). Section 2.The City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 3.This resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS THE 17TH DAY OF OCTOBER, 2023. ATTEST: Richard Boyer, Mayor City of The Colony, Texas Tina Stewart, TRMC, CMC, CitySecretary 126 APPROVED AS TO FORM: Jeff Moore, City Attorney 127 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Isaac Williams Submitting Department: Planning Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance regarding the Site Plan application of “Planet Fitness,” an approximately 20,000 square-foot health studio within Lot 7B, Block A, in the Colony Center Addition. The subject site is located at the northwest corner of State Highway 121 and South Colony Boulevard within the PD-16 Zoning District and the Gateway Overlay District. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations Attachments: SP23-0010 CC Staff Report Planet Fitness- DRAFT.doc SP23-0010 Planet Fitness-Final Exhibits.pdf Ord. 2023-xxxx Planet Fitness -Site Plan.docx 128 1 CITY COUNCIL REPORT AGENDA DATE:October 17, 2023 DEPARTMENT:Planning and Development Department ______________________________________________________________________________ SUBJECT:SP23-0010 – Planet Fitness Discuss and consider an ordinance regarding the Site Plan application of “Planet Fitness,” an approximately 20,000 square-foot health studio within Lot 7B, Block A, in the Colony Center Addition. The subject site is located at the northwest corner of State Highway 121 and South Colony Boulevard within the PD-16 Zoning District and the Gateway Overlay District. APPLICANT/OWNER Owner: Luna Crossing LTD The Colony, TX Applicant:Peskuski Design Firm & Z Studio Dallas, TX EXISTING CONDITION OF PROPERTY The subject property is currently undeveloped, however it is part of a larger development that consists of the existing Floor and Décor and Chair King. PROPOSED DEVELOPMENT The applicant requests to develop an approximately 20,000 square-foot health studio known as Planet Fitness. This development will be a continuation of the retail center currently containing Floor and Décor and Chair King. The fitness center will be opened 24 hours a day, 7 days a week. This center will be membership based and will require such membership to access the building. ADJACENT ZONING AND LAND USE North - PD-16- Village at the Pointe Townhomes South - PD-16 – Undeveloped land and Panda Express East - PD-16 – Undeveloped land West -PD-16 – Chair King and Floor and Decor DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds that the proposed Site Plan is consistent with Planned Development 16 (PD-16) Zoning District, the Comprehensive Zoning Ordinance and the Gateway Overlay District where applicable. The DRC recommends approval. PRIOR ACTION On October 10, 2023, the Planning and Zoning Commission voted (7-0) to recommend approval of the Site Plan for the approximately 20,000 square-foot health studio within Lot 7B, Block A, in the Colony Center Addition. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Project Narrative 4. Proposed Development Plans 129 2 ATTACHMENT 1 Staff Analysis Land Use Analysis The subject site is currently undeveloped located at the Northwest Corner of State Highway 121 and South Colony Boulevard. The proposed health studio is located in the Planned Development 16 (PD-16) Zoning District and the Gateway Overlay District.Health Studio use is allowed “by– right” within Planned Development 16 (PD-16) Zoning District. Circulation and Parking Site access will be served by the existing driveways from South Colony Blvd and the State Highway 121 Frontage Road. The site will include seventy-four (74) parking spaces meeting the requirement of seventy-four (74) spaces (5.5 per 1,000 SF of GFA minus 33 percent per Ordinance No. 2022-2474). Landscaping and Buffering The Landscape Plan reflects the planting of two additional ornamental trees and shrubs in tree wells along the front façade of the proposed building, consistent with development within the Gateway Overlay District. All landscaping will be irrigated in compliance with City standards. The Landscape Plan reflects the continuation of development intents approved as part of the site development for Floor and Décor and Chair King. Building Elevations The Elevation Plan reflects architectural emphasis on the south facing façade. The plan reflects the use of horizontal and vertical articulations for depth, and a mix of architectural elements such as awnings, glazing and material changes for visual interest. Each elevation reflects the usage of masonry material including the use of brick and stone at the front entrance. As reflected, the elevations are consistent with previous development concepts and with the intent of the Gateway Overlay District. Development Review Committee Review The Development Review Committee (DRC) finds that the proposed Site Plan is consistent with Planned Development 16 (PD-16) Zoning District, the Comprehensive Zoning Ordinance and the Gateway Overlay District where applicable. The DRC recommends approval. 130 LIBERTY DR NIA G A R A R D S A M R A Y B U R N T O L L W A Y Y E L L O W S T O N E R D E X IT P A I G E R D S O U T H C O L O N Y B L V D S H 1 2 1 5551 5601 5667 5510 5514 55185520 55285524 55345538 5544554855335531 5554553955355543553755495541554555525556 P D 1 6 This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness or accuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No: SP23-0010 - Planet Fitness SubjectArea Planned Development 16 131 Planet Fitness project City of The Colony Planning & Development 6800 Main St The Colony, TX 75056 Email: planning@thecolonytx.gov Phone: 972-624-3162 Planet Fitness Centre Monica Hernandez 7821 Pennington Ct Plano, TX 75025 Email: monica@americapermits.com Phone: 469-756-7868 The purpose of this project is to build a new 20,000sqU shell building, and allow for the new tenant of the building come in, and finish out. It will then be a fitness center that will be open 24hrs a day, 7 days a week. This center will only allow those of who have a membership with them to come in and use their facility. If any quesYons may arise please feel free to contact me. 132 WV 100'-1 1/4"85'-4"10'-4" 234'-0" 1 3'- 5 1 / 2 " 1 2'-1 " 4 5'-0 " SOUTH COLONY BOULEVARD (VARIABLE WIDTH RIGHT-OF-WAY) STATE HIGHWAY NO. 121 SSMH G.M.T.S. S SIGN WVs F.H. 1/2"IRF W/RED CAP C.C. #2014-6187 RIGHT-OF-WAY DEDICATION STATE HIGHWAY 121 C.C. #2013-______ RIGHT-OF-WAY DEDICATION STATE HIGHWAY 121 GV GV B.B.B. & C.R.R. SURVEY ABSTRACT NO. 174 WVs WVs INLET INLET INLET WV WVs GAS MKR INLET INLET INLET INLET INLET INLET INLET CONCRETE PAVEMENT WALL SIGN 5/8"IRS 5/8"IRS 5/8"IRS 15' UTILITY EASEMENT INST#2014-50024 30/THE COLONY, LTD. A TEXAS LIMITED PARTNERSHIP CCF#2014-56194 LOT 2 LOT 1 20' DRAINAGE EASEMENT INST#2014-50022 15' UTILITY EASEMENT INST#2014-50023 5' COSERV GAS EASEMENT INST#2013-136976 (4)WVs (2)WVs (2)WVs (2)WVs (2)WVs (2)MWsPVC(2)WMs (2)WMs (2)WMs (2)WVs (2)WVs (2)WMs (2)WVs PP FH (2)WVs (2)WVs WV (2)WVs WV (2)WVs(2)WVs (2)WVs INLET INLETINLETINLETINLETINLET INLET GUARD RAIL PVC 30 ' MUTUAL ACCESS EASEMENT & FIRE LANE INST#2014-192 15' UTILITY EASEMENT INST#2014-192 4.8782 AC. LOT 1 BLOCK A 30/THE COLONY ADDITION INST#2014-192, P.R.D.C.T. LOT 2 BLOCK A 30/THE COLONY ADDITION INST#2014-192, P.R.D.C.T. 30/THE COLONY LTD N 29°15'33" W - 344.38' L17 CONCRETE PAVEMENT CONCRETE PAVEMENT (3)WVs SIGN SSMH (2)WVs SIGN EASEMENT DOC# 2015-15232 B B GM INLET WV WV PEDESTAL WV WV MRK DRAIN DRAIN DRAIN WV WV DRAIN DRAIN S TPAD CABINET WV WV WV WV WMB WMB B B B GV COSERV MRK 30' MUTUAL ACCESS EASEMENT CCF NO. 2014-125747 WATER EASEMENT INST#2015-334 WATER EASEMENT INST#2015-335 S DRAIN HC SIGN HC SIGN HC SIGN HC SIGN HC SIGN HC SIGN S C4 L11 L12 155.00'238.50'244.75'154.25' S 29%%d15'33" E - 260.50' S 29%%d15'33" E - 260.50' GM CM ATT VAULT 7 11 11 HC HC 10 10 HC HC 10 10 12 12 7 6 12 12 12 12 9 99999 9 9 9 9 8 9 10 10 10 10 10 10 10 10 10 89 24' MUTUAL ACCESS EASEMENT DOC#2015-334 30' MUTUAL ACCESS EASEMENT CCF NO. 2014-125748 30' MUTUAL ACCESS EASEMENT DOC#2014-125748 VAULT INLET INLET SIGN COSERV MRK INLET VAULTAT&T MRK SIGN WV VAULT GV S S INLET WV WV S WV S S WATER EASEMENT INST#2015-335 ~ ~~~~~~ 15' UTILITY EASEMENT INST#2015-84768 VAULT PEDESTAL INLET INLET INLET INLET INLET INLET COSERV MRK VAULT S I N L E T I N L E T B AT T E R B O A R D S INLET S VAULT PEDESTAL INLET INLET PVC CONCRETE WALK CONCRETE WALK T R A S H INLET CONCRETE CURB ALONG PROPERTY LINE CONCRETE CURB ALONG PROPERTY LINE 46.6' CONCRETE CURB ALONG PROPERTY LINE ALONG PROPERTY LINE CONCRETE CURB 207.63' S 60%%d44'27" W - 237.63' L13 L21S 60%%d43'13" W - 667.50' L20 L19 L18L16 L15 L22 260.65' C 1 L4 L5 L6 L7 L 8 C7 L9 L10 HC 1.4637 AC. LOT 2 BLOCK A COLONY CENTER ADDITION DOC#2015-334 M.R.D.C.T. 1.4263 AC. LOT 3 BLOCK A COLONY CENTER ADDITION DOC#2015-335 M.R.D.C.T. LOT 4 BLOCK A COLONY CENTER ADDITION DOC#2015-335 M.R.D.C.T. 1.3211 AC. LOT 5 BLOCK A COLONY CENTER ADDITION DOC#2015-457 M.R.D.C.T. T R A S H D U M P S . 15' UTILITY EASEMENT INST#2014-192 34' DRAINAGE EASEMENT INST#2014-192 20' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT INST#2014-50024 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 35' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 WATER EASEMENT DOC# 2006-38459 20' DRAINAGE EASEMENT INST#2014-19224' MUTUAL ACCESS EASEMENT & FIRE LANE INST#2014-192 15' UTILITY ESMT. 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THUNDER D LLC DOC#201872238 15' UTILITY EASEMENT INST#2014-50024 15' UTILITY EASEMENT INST#2014-50023 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 WATER EASEMENT DOC.# 2015-334 10' ONCOR ELECTRIC DELIVERY EASEMENT INST#2015-457 DOC#2019-68 24' MUTUAL ACCESS EASEMENT DOC.# 2015-334 ONCOR ELECTRIC DELIVERY AND ATMOS ENERGY EASEMENT DOC.# 2015-334 SIGN EASEMENT DOC# 2015-15232 20' DRAINAGE EASEMENT INST#2014-50022 24' MUTUAL ACCESS EASEMENT INST#2014-125747 5' COSERV GAS EASEMENT INST#2013-136976 20' UTILITY EASEMENT INST#2013-124101 20' UTILITY EASEMENT CC#2013-124101 COSERV MRK BILLBOARD SIGN 5' COSERV GAS EASEMENT C.C. #2013-13976 20' UTILITY EASEMENT VOL. 4589, PG. 1804 5' COSERV GAS EASEMENT VOL. 4432, PG. 699 30' MUTUAL ACCESS EASEMENT INST#2015-96325 ONCOR ELECTRIC DELIVERY EASEMENT DOC.#2016-136081 ONCOR ELECTRIC DELIVERY EASEMENT DOC.# 2016-136081 ONCOR ELECTRIC DELIVERY EASEMENT DOC.#2016-136081 34.00' N 29%%d15'33" W 83.73' N 60%%d44'27" E - 620.13' WV 56.00' 244.75' WV FH T R A S H R A M P CANOPY VAULT TPAD SIDEWALK SIDEWALK 15' UTILITY EASEMENT DOC#2015-84768 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 D R I V E W A Y E A S E M E N T A G R E E M E N T D O C # 2 0 1 6 - 2 1 9 2 30' MUTUAL ACCESS EASEMENT CCF#2014-125748 15' UTILITY EASEMENT DOC#2015-84768 20' UTILITY EASEMENT VOL. 4589, PG. 1804 S 60%%D44'27" W 343.00' LOT 7 BLOCK A COLONY CENTER ADDITION INST. NO. 2015-457 7.6204 ACRES LOT 7A BLOCK A COLONY CENTER ADDITION DOC#2019-68 O.P.R.D.C.T. PT. 47.651 ACRES COLONY 5 PARTNERS, LLC CCF#2012-140998 CFT NV DEVELOPMENTS LLC. CCF#2015-105132 PT. 47.651 ACRES COLONY 5 PARTNERS, LLC CCF#2012-140998 COLONY 5 PARTNERS, LLC CCF#2012-140998 DRAINAGE EASEMENT DOC#2019-68 15' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 10' ELECTRIC DELIVERY COMPANY EASEMENT DOC#2015-457 DOC#2019-68 ELECTRIC DELIVERY COMPANY EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 35' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 24' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 12.5396 AC. LOT 7B BLOCK A COLONY CENTER ADDITION DOC#2019-68 O.R.D.C.T. 30' MUTUAL ACCESS EASEMENT CCF#2014-125748 M U T U A L A C C E S S E A S E M E N T D O C # 2 0 1 5 - 1 4 1 0 2 5 10e 10f 10f 10g 10g10h 10h 10h 10i 10i 10i 10j 10j 10j 10k 10k 10k 10m 10m10m 10n 10n 10n MIDDLE FIXED ACCESS DRIVE CC# 2015-15231 SOUTH FIXED ACCESS DRIVE CC# 2015-15231 SOUTH FIXED ACCESS DRIVE CC# 2015-15231 10o 10o 10o 10p 10p 10p 10q 10q 10q 10q 10q 10q 10q 10q 10q 10q 10q 10q 10s10s 10s 10s 10u 10v 30' MUTUAL ACCESS EASEMENT DOC#2015-96326 1 0 x 10aa 10aa 10aa 30' MUTUAL ACCESS EASEMENT & FIRE LANE INST#2014-192 TRACT 1 100' DRAINAGE EASEMENT VOL. 5301, PG. 2834 DRDCT 5/8"IRS S 60%%d44'27" W - 429.24' VILLAGE AT THE POINTE DOC#2017-163 O.P.R.D.C.T. BLOCK A VILLAGE AT THE POINTE DOC#2017-163 O.P.R.D.C.T. DOC#2017-163 15' UTILITY EASEMENT CCF#2015-84768 100' DRAINAGE EASEMENT VOL. 5301, PG. 2834 2-7'X6' BOX CULVERT 10gg 10gg UTILITY EASEMENT DOC#2016-26045 10kk 10n 30/THE COLONY LTD CCF#2003-R0095422 (CALLED 22.027 AC) 10ff 10hh 15' WATER EASEMENT CCF#2006-38459 1 0e 10hh 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 10q PROPOSED SHELL SPACE 20,000 FT (FF 611.18') 5' COSERV GAS EASEMENT VOL. 4432, PG. 699 10gg PP SSMH SSMH S S S FH FH FH S SSMH SSMH FH FHFH FH SSMHSSMHSSMH SSMH PP S S S S PP FH PP PP SSMH SSMH SSMH SSMH PP PP SSMH FHFH SSMH FH SSMH FH PP FH PPPPPP FH SSMH SSMH SSMH FH PP SSMH SSMH SSMH SSMH SSMH SSMH SSMH SSMH FH SSMH FH SSMH SSMH SSMH SSMH SSMH SDMH S WV WV 1110 HC HC 9 9 10 10 10 10 FH CROSS WALK PARKING AREA REQ. BASED ON 20,000 SQ FT OF GFA FOR HEALTH/FITNESS USE PER ORDINANCE 2022-2474 110 - 30% = (74 SPACES) 21 SPACES 20 SPACES 22 SPACES 11 SPACES HC NEW PAVING - REF CIVIL EXISTING PAVING SSMH DRIVE TO DUMPSTER NEW PAVING ROOF DRAINS TO THE REAR ROOF DRAINS TO THE REAR SAWCUT PAVING FOR RAMP (16 L.F. - FULL DEPTH (18'')) EXISTING PAVING DUMPSTER ENCLOSURE - CHAIN LINK FENCE W/ SLATS SCREENING EXISTING PAVING NEW PAVING EDGE OF PAVING GRASS/TURF FIRE LANE (STRIPED) TO F.D.C. DUMPSTER PAD - MIN 7'' THICKNESS - REF CIVIL/PAVING EXISTING PAVING EXISTING CURB EXISTING PAVING F.D.C. SIDEWALK (EXISTING 5FT) NEW SIDEWALK (EXISTING 5FT SIDEWALK EXTND TO NEW/PROPOSED BUILDING) - REF CIVIL CROSSWALK FROM HC PARKING HC RAMP SIDEWALK (EXISTING 5FT) TREE WELL - REF LANDSCAPE PLANS SIDEWALK (EXISTING 5FT) SIDEWALK (EXISTING 5FT) FIRE LANE (STRIPED) TO F.D.C. N 60° 44' 27" E 276.80' N29° 15' 33"W 368.20' C H O R D A N G L E : N 5 4 ° 4 8 ' 2 "E C H O R D L E N G T H : 2 0 .1 ' R A D I U S : 2 5 0 ' N29° 15' 33"W 391.35' N60° 44' 27"E 21.22' N 29° 15' 33" W 210.94' S 60° 44' 27" W 34' N 29° 15' 33" W 147.0' N60° 44' 27"E 400.0' N 29° 15' 33" W 370.00' EXISTING SIDEWALK EXTENDS TO SOUTH COLONY BLVD TREE WELL - REF LANDSCAPE PLANSEXISTING BUILDING (CHAIR KING) EXISTING BUILDING (FLOOR AND DECOR) EXISTING SIDEWALK EXTENDS IN FRONT OF CHAIR KING EXISTING PAVING ROOF DRAINS/SCUPPERS AT REAR OF BUILDING - REF CIVIL FOR STORM DRAIN 0 30'10'60'100' SIDEWALK NEW PAVING EXISTING PAVING (REF CIVIL SHEET 4/10) FOOTPRINT PAVING LEGEND: 85' - 4" WIDE 234' DEEP 32' HIGH 1 STORY FAR= 3.65% GYM USE - 17,800 SQ FT OFFICE USE - 2,200 SQ FT TOTAL - 20,000 SQ FT BUILDING DIMENSIONS: 5.5 PER 1000 SQFT GFA - RATIO 33% REDUCTION (PER ORDINANCE 2022-2474) 74 SPACES REQUIRES 74 SPACES PROVIDED PARKING AREA REQ. BASED ON 20,000 SQ FT OF GFA FOR HEALTH/FITNESS USE PER ORDINANCE 2022-2474 110 - 33% = (74 SPACES) PARKING: DUMPSTER PAVING (REF CIVIL SHEET 4/10) E: JP@JPDFIRM.COM DZAPATA01@GMAIL.COM PESKUSKI DESIGN FIRM CITY PROJECT NO. SHEET NO: SP23-0010 DATE: DALLAS, TEXAS NEW SHELL BUILDING FOR PLANET FITNESS 5651 TX-121 LOT 7B, BLOCK A_COLONY CENTER ADDTN THE COLONY, TX P: 469.682.8956 F: 972.279.0238 PDF SCALE:1'' = 60' CITY PROJECT NO: SP23-0010: 9/16/2023 10/2/2023 NO.DESCRIPTION DATE SITE PLAN (OVERALL) A1.1 TOTAL BUILDING AREA Z-STUDIO DESIGNS Z-STUDIO ADDRESS: 5651 TX-121 CITY/STATE: THE COLONY, TX COUNTY: LEGAL: LOT 7B, BLOCK A COLONY CENTER ADDITION OCCUPANCY: SHELL BUILDING/A-3 USE: SHELL BUILDING/FITNESS CENTER ZONING: SUP SPRINKLERED: YES CONST TYPE: II BUILDING ANALYSIS SUMMARY TOTAL (OVERALL FOOTPRINT) 20,000 TOTAL AREA (OVERALL) 20,000 SITE PLAN LEGEND/DATA: AREAS (SQ FT) NN Approved by City Council on the __________________ day of ______________20________ ______________________________________________________________________________________ Planning Director REF SHEET A1.2 FOR ENLARGED SITE PLAN REF SHEET A1.2 FOR ENLARGED SITE PLAN NOTE: REF CIVIL FOR PAVING DETAILS 133 100'-1 1/4"85'-4"10'-4" 234'-0" 1 3 '- 5 1 / 2 " 1 2 '-1 " 4 5 '-0 " B.B.B. & C.R.R. SURVEY ABSTRACT NO. 174BB GM INLET PEDESTAL WV WV GV MRK 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 35' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 T R A S H R A M P VAULT TPAD 15' UTILITY EASEMENT DOC#2015-84768 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 LOT 7B BLOCK A COLONY CENTER ADDITION DOC#2019-68 O.R.D.C.T. 10q 10q PROPOSED SHELL SPACE 20,000 FT (FF 611.18') FH FH SDMH FH CROSS WALK NEW PAVING - REF CIVIL EXISTING PAVING SSMH DRIVE TO DUMPSTER NEW PAVING ROOF DRAINS TO THE REAR ROOF DRAINS TO THE REAR SAWCUT PAVING FOR RAMP (16 L.F. - FULL DEPTH (18'')) EXISTING PAVING DUMPSTER ENCLOSURE - CHAIN LINK FENCE W/ SLATS SCREENING EXISTING PAVING NEW PAVING EDGE OF PAVING GRASS/TURF FIRE LANE (STRIPED) TO F.D.C. DUMPSTER PAD - MIN 7'' THICKNESS - REF CIVIL/PAVING EXISTING PAVING EXISTING CURB EXISTING PAVING F.D.C. SIDEWALK (EXISTING 5FT) NEW SIDEWALK (EXISTING 5FT SIDEWALK EXTND TO NEW/PROPOSED BUILDING) - REF CIVIL CROSSWALK FROM HC PARKING HC RAMP SIDEWALK (EXISTING 5FT) TREE WELL - REF LANDSCAPE PLANS FIRE LANE (STRIPED) TO F.D.C. N29° 15' 33"W 368.20' C H O R D A N G L E : N 5 4 ° 4 8 ' 2 "E C H O R D L E N G T H : 2 0 .1 ' R A D I U S : 2 5 0 ' N29° 15' 33"W 391.35' N60° 44' 27"E 21.22' EXISTING SIDEWALK EXTENDS TO SOUTH COLONY BLVD TREE WELL - REF LANDSCAPE PLANSEXISTING BUILDING (CHAIR KING) EXISTING SIDEWALK EXTENDS IN FRONT OF CHAIR KING EXISTING PAVING ROOF DRAINS/SCUPPERS AT REAR OF BUILDING - REF CIVIL FOR STORM DRAIN SIDEWALK NEW PAVING EXISTING PAVING (REF CIVIL SHEET 4/10) FOOTPRINT PAVING LEGEND: 85' - 4" WIDE 234' DEEP 32' HIGH 1 STORY FAR= 3.65% GYM USE - 17,800 SQ FT OFFICE USE - 2,200 SQ FT TOTAL - 20,000 SQ FT BUILDING DIMENSIONS: 5.5 PER 1000 SQFT GFA - RATIO 33% REDUCTION (PER ORDINANCE 2022-2474) 74 SPACES REQUIRES 74 SPACES PROVIDED PARKING AREA REQ. BASED ON 20,000 SQ FT OF GFA FOR HEALTH/FITNESS USE PER ORDINANCE 2022-2474 110 - 33% = (74 SPACES) PARKING: DUMPSTER PAVING (REF CIVIL SHEET 4/10) 0 20'10' E: JP@JPDFIRM.COM DZAPATA01@GMAIL.COM PESKUSKI DESIGN FIRM CITY PROJECT NO. SHEET NO: SP23-0010 DATE: DALLAS, TEXAS NEW SHELL BUILDING FOR PLANET FITNESS 5651 TX-121 LOT 7B, BLOCK A_COLONY CENTER ADDTN THE COLONY, TX P: 469.682.8956 F: 972.279.0238 PDF CITY PROJECT NO: SP23-0010: 9/16/2023 10/2/2023 NO.DESCRIPTION DATE Z-STUDIO DESIGNS Z-STUDIO SCALE:1'' = 20' SITE PLAN A1.2 TOTAL BUILDING AREA ADDRESS: 5651 TX-121 CITY/STATE: THE COLONY, TX COUNTY: LEGAL: LOT 7B, BLOCK A COLONY CENTER ADDITION OCCUPANCY: SHELL BUILDING/A-3 USE: SHELL BUILDING/FITNESS CENTER ZONING: SUP SPRINKLERED: YES CONST TYPE: II TOTAL (OVERALL FOOTPRINT) 20,000 TOTAL AREA (OVERALL) 20,000 SITE PLAN LEGEND/DATA: AREAS (SQ FT) Approved by City Council on the __________________ day of ______________20________ ______________________________________________________________________________________ Planning Director NNREF SHEET A1.1 FOR OVERALL SITE PLAN REF SHEET A1.1 FOR OVERALL SITE PLAN BUILDING ANALYSIS SUMMARY NOTE: REF CIVIL FOR PAVING DETAILS 134 SP23-0010 - PLANET FITNESS - MARKUP TO APPLICANT (1) 1 50610FX 51610FX 406 1 0 F X 416 1 0 F X 5020FX50710FX5020FX51120FX51130FX5020FX50710FX5020FX 426 1 0 F X 406 1 0 F X 31120FX311710FX31120FX311710FX31120FX311710FX 31120FX311710FX31120FX311710FX31120FX311710FX WV WV BREAK LINE 8'- 1 3 / 4 " 7'-8 1/4" 19906 SQ FT SO U T H C O L O N Y B O U L E V A R D (VARIABLE WIDTH RIGHT-OF-WAY) STATE HIGHWAY NO. 121 SSMH G.M.T. S . S SIGN WVs F.H. 1/2"IRF W/RED CAP C.C. #2014-6187 RIGHT-OF-WAY DEDICATION STATE HIGHWAY 121 C.C. #2013-______ RIGHT-OF-WAY DEDICATION STATE HIGHWAY 121 GV GV B.B.B. & C.R.R. SURVEY ABSTRACT NO. 174 WVs WVs IN L E T INLET INLET WV WVs GAS MKR INLET INLET INLET IN L E T IN L E T INLET INLET CONCRETE PAVEMENT CONCRETE PAVEMENT WALL SIGN EXIT-RAMP 5/8"IRS 5' COSERV GAS EASEMENT 5/ 8 " I R S 5/8"IRS 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 5 0 0 2 4 30/THE COLONY, LTD. A TEXAS LIMITED PARTNERSHIP CCF#2014-56194 LOT 2 LOT 1 20' DRAINAGE EASEMENT INST#2014-50022 15' UTILITY EASEMENT INST#2014-50023 5' COSERV GAS EASEMENT INST#2013-136976 (4)WVs (2)WVs (2)WVs (2)WVs (2)WVs (2)MWsPVC(2)WMs (2)WMs(2)WMs (2)WVs (2)WVs (2)WMs (2)WVs PP FH (2)WVs (2)WVs WV (2)WVs WV (2)WVs(2)WVs (2)WVs INLET INLET INLET INLET INLET INLET INLET GUARD RAIL PVC 30 ' M U T U A L A C C E S S EA S E M E N T & F I R E L A N E IN S T # 2 0 1 4 - 1 9 2 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 1 9 2 4.8782 AC. LOT 1 BLOCK A 30/THE COLONY ADDITION INST#2014-192, P.R.D.C.T. LOT 2 BLOCK A 30/THE COLONY ADDITION INST#2014-192, P.R.D.C.T. 30/THE COLONY LTD N 2 9 ° 1 5 ' 3 3 " W - 3 4 4 . 3 8 ' L17 CONCRETE PAVEMENT CO N C R E T E P A V E M E N T (3 ) W V s SIGN SSMH (2)WVs SI G N E A S E M E N T DO C # 2 0 1 5 - 1 5 2 3 2 B B GM INLET WV WV PEDESTAL WV WV MRK DRAIN DRAIN DRAIN WV WV DRAIN DRAIN S TPAD CABINET WV WV WVWV WMB WMB B B B GV COSERV MRK 30 ' M U T U A L A C C E S S E A S E M E N T CC F N O . 2 0 1 4 - 1 2 5 7 4 7 WATER EASEMENT INST#2015-334 WATER EASEMENT INST#2015-335 S DRAIN HC SIGN HC SIGNHC SIGN HC SIGN HC SIGN HC SIGN S 47.3' 300.6' 23 6 . 0 ' 251.9' 27 2 . 4 ' 35 . 5 ' C4 L1 1 L1 2 155.00'238.50'244.75'154.25' S 2 9 ° 1 5 ' 3 3 " E - 2 6 0 . 5 0 ' S 2 9 ° 1 5 ' 3 3 " E - 2 6 0 . 5 0 ' GM CM ATT VAULT 7 11 11 HC HC 10 10 HC HC 10 10 12 12 7 6 12 12 12 12 9 99999 9 9 9 9 8 9 10 10 10 10 10 10 10 10 10 89 24' MUTUAL ACCESS EASEMENT DOC#2015-334 30' MUTUAL ACCESS EASEMENT CCF NO. 2014-125748 30 ' M U T U A L A C C E S S E A S E M E N T DO C # 2 0 1 4 - 1 2 5 7 4 8 VAULT IN L E T IN L E T SI G N COSERV MRK INLET VAULTAT&T MRK SIGN WV VAULT GV S S INLET WV WV S WV S S WATER EASEMENT INST#2015-335 ~~~~~~ ~ 15' UTILITY EASEMENT INST#2015-84768 VAULT PEDESTAL IN L E T IN L E T IN L E T IN L E T IN L E T IN L E T COSERV MRK VA U L T S I N L E T I N L E T B A T T E R B O A R D S IN L E T S VAULT PEDESTAL IN L E T INLET PVC CO N C R E T E W A L K CO N C R E T E W A L K TRA S H INLET CO N C R E T E C U R B AL O N G P R O P E R T Y L I N E CO N C R E T E C U R B AL O N G P R O P E R T Y L I N E 46 . 6 ' CO N C R E T E C U R B AL O N G P R O P E R T Y L I N E AL O N G P R O P E R T Y L I N E CO N C R E T E C U R B 207.63' S 60°44'27" W - 237.63' L13 L21S 60°43'13" W - 667.50' L20 L1 9 L1 8 L1 6 L1 5 L22 26 0 . 6 5 ' C 1 L4 L5 L6 L7 L 8 C7 L9 L1 0 HC 1.4637 AC. LOT 2 BLOCK A COLONY CENTER ADDITION DOC#2015-334 M.R.D.C.T. 1.4263 AC. LOT 3 BLOCK A COLONY CENTER ADDITION DOC#2015-335 M.R.D.C.T. LOT 4 BLOCK A COLONY CENTER ADDITION DOC#2015-335 M.R.D.C.T. 1.3211 AC. LOT 5 BLOCK A COLONY CENTER ADDITION DOC#2015-457 M.R.D.C.T. FLOOR DECOR 5651 TX-121 TILT WALL BUILDING 72,593 S.F. (FOOTPRINT) TRA S H DUM P S . 15' UTILITY EASEMENT INST#2014-192 34' DRAINAGE EASEMENT INST#2014-192 20' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 5 0 0 2 4 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 35' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 WATER EASEMENT DOC# 2006-38459 20' DRAINAGE EASEMENT INST#2014-19224' MUTUAL ACCESS EASEMENT & FIRE LANE INST#2014-192 15' UTILITY ESMT. INST#2014-192 5' GAS EASEMENT VOLUME 4432, PAGE 686 20' DRAINAGE EASEMENT INST#2014-50022 24' MUTUAL ACCESS EASEMENT INST#2014-125747 SIGN EASEMENT DOC# 2015-15232 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 5 0 0 2 3 SO U T H C O L O N Y B O U L E V A R D RI G H T - O F - W A Y D E D I C A T I O N C. C . # 2 0 1 4 - 6 1 8 8 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 5' C O S E R V G A S E A S E M E N T C. C . # 2 0 1 3 - 1 3 6 9 7 6 SO U T H C O L O N Y B O U L E V A R D RI G H T - O F - W A Y D E D I C A T I O N C. C . # 2 0 1 4 - 6 1 8 8 COSERV MRK AT&T MRK 15' UTILITY EASEMENT INST#2015-84768 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 20' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 M U T U A L A C C E S S E A S E M E N T D O C # 2 0 1 5 - 1 4 1 0 2 4 0.9225 AC. LOT 1 BLOCK A COLONY CENTER ADDITION DOC.# 2015-334 M.R.D.C.T. THUNDER D LLC DOC#201872238 15' UTILITY EASEMENT INST#2014-50024 15' UTILITY EASEMENT INST#2014-50023 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 WATER EASEMENT DOC.# 2015-334 10' ONCOR ELECTRIC DELIVERY EASEMENT INST#2015-457 DOC#2019-68 24' MUTUAL ACCESS EASEMENT DOC.# 2015-334 ONCOR ELECTRIC DELIVERY AND ATMOS ENERGY EASEMENT DOC.# 2015-334 SIGN EASEMENT DOC# 2015-15232 20' DRAINAGE EASEMENT INST#2014-50022 24' MUTUAL ACCESS EASEMENT INST#2014-125747 5' COSERV GAS EASEMENT INST#2013-136976 20' UTILITY EASEMENT INST#2013-124101 20' UTILITY EASEMENT CC#2013-124101 COSERV MRK BILLBOARD SIGN 5' C O S E R V G A S E A S E M E N T C. C . # 2 0 1 3 - 1 3 9 7 6 20' UTILITY EASEMENT VOL. 4589, PG. 1804 5' C O S E R V G A S E A S E M E N T VO L . 4 4 3 2 , P G . 6 9 9 30' MUTUAL ACCESS EASEMENT INST#2015-96325 ON C O R E L E C T R I C D E L I V E R Y E A S E M E N T DO C . # 2 0 1 6 - 1 3 6 0 8 1 ON C O R E L E C T R I C D E L I V E R Y E A S E M E N T DO C . # 2 0 1 6 - 1 3 6 0 8 1 ON C O R E L E C T R I C DE L I V E R Y E A S E M E N T DO C . # 2 0 1 6 - 1 3 6 0 8 1 34.00' N 2 9 ° 1 5 ' 3 3 " W 83 . 7 3 ' N 60°44'27" E - 620.13' WV 56.00' 244.75' 16 5 . 5 ' 69.8' 100.1' 23 6 . 0 ' 13.3' 2 1 . 5 ' 1 STORY BUILDING 15,405 S.F. (FOOTPRINT) WV FH TRA S H RAM P CANOPY VAULT TPAD SI D E W A L K SIDEWALK 15' UTILITY EASEMENT DOC#2015-84768 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 D R I V E W A Y E A S E M E N T A G R E E M E N T D O C # 2 0 1 6 - 2 1 9 2 30' MUTUAL ACCESS EASEMENT CCF#2014-125748 15' UTILITY EASEMENT DOC#2015-84768 20' UTILITY EASEMENT VOL. 4589, PG. 1804 S 60°44'27" W 343.00' LOT 7 BLOCK A COLONY CENTER ADDITION INST. NO. 2015-457 7.6204 ACRES LOT 7A BLOCK A COLONY CENTER ADDITION DOC#2019-68 O.P.R.D.C.T. PT. 47.651 ACRES COLONY 5 PARTNERS, LLC CCF#2012-140998 CFT NV DEVELOPMENTS LLC. CCF#2015-105132 PT. 47.651 ACRES COLONY 5 PARTNERS, LLC CCF#2012-140998 COLONY 5 PARTNERS, LLC CCF#2012-140998 DRAINAGE EASEMENT DOC#2019-68 15' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 10 ' E L E C T R I C D E L I V E R Y CO M P A N Y E A S E M E N T DO C # 2 0 1 5 - 4 5 7 DO C # 2 0 1 9 - 6 8 ELECTRIC DELIVERY COMPANY EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 35' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 24 ' M U T U A L A C C E S S E A S E M E N T DO C # 2 0 1 5 - 4 5 7 DO C # 2 0 1 9 - 6 8 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 12.5396 AC. LOT 7B BLOCK A COLONY CENTER ADDITION DOC#2019-68 O.R.D.C.T. 30' MUTUAL ACCESS EASEMENT CCF#2014-125748 M U T U A L A C C E S S E A S E M E N T D O C # 2 0 1 5 - 1 4 1 0 2 5 10e 10f 10f 10g 10g 10h 10h 10 h 10i 10i 10i 10j 10j 10 j 10k 10 k 10 k 10 m 10m 10m 10n 10n 10n MIDDLE FIXED ACCESS DRIVE CC# 2015-15231 SOUTH FIXED ACCESS DRIVE CC# 2015-15231 SO U T H F I X E D A C C E S S D R I V E CC # 2 0 1 5 - 1 5 2 3 1 10 o 10o 10o 10 p 10p 10p 10q 10q 10q 10q 10q 10 q 10q 10q 10q 10q 10q 10q 10s10s 10s 10s 10u 10 v 30 ' M U T U A L A C C E S S E A S E M E N T DO C # 2 0 1 5 - 9 6 3 2 6 1 0 x 10 a a 10 a a 10 a a 30' MUTUAL ACCESS EASEMENT & FIRE LANE INST#2014-192 TRACT 1 S SSMH 100' DRAINAGE EASEMENT VOL. 5301, PG. 2834 DRDCT 5/ 8 " I R S CC F # 2 0 0 6 - 3 8 4 5 9 LIABILITY COMPANY CCF#2012-140998 S 60°44'27" W - 429.24' SSMH LOT 64X HOA BLOCK A VILLAGE AT THE POINTE DOC#2017-163 O.P.R.D.C.T. LOT 64X HOA BLOCK A VILLAGE AT THE POINTE DOC#2017-163 O.P.R.D.C.T. 10' DRAINAGE EASEMENT DOC#2017-163 15' SANITARY SEWER EASEMENT DOC#2017-163 D R A I N A G E E A S E M E N T D O C # 2 0 1 7 - 1 6 3 32.0'32.0'26.0'26.0'26.0'26.50'10'26.50'26.0'26.50'26.50'26.0'26.0'26.0'26.0'26.0'10' 15' UTILITY EASEMENT CCF#2015-84768 1 5 ' D R A I N A G E E A S E M E N T 100' DRAINAGE EASEMENT VOL. 5301, PG. 2834 2-7'X6' BOX CULVERT 15' UTILITY EASEMENT CCF#2015-84768 10s 10 g g 10gg UTILITY EASEMENT DOC#2016-26045 10kk 10 n 30/THE COLONY LTD CCF#2003-R0095422 (CALLED 22.027 AC) 10ff 10hh 15 ' W A T E R EA S E M E N T CC F # 2 0 0 6 - 3 8 4 5 9 10 e 10 h h 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 10q PROPOSED SHELL SPACE 20,000 FT (FF 611.18') 5' C O S E R V G A S E A S E M E N T VO L . 4 4 3 2 , P G . 6 9 9 10 g g PP SSMH SSMH S S S S S FH FH FH S SSMH SSMH FH FHFH FH SSMHSSMHSSMH SSMH PP S S S S PP FH PP PP SSMH SSMH SSMH SSMH PP PP SSMH FHFH SSMH FH SSMH FH PP FH PPPPPP FH SSMH SSMH SSMH FH PP SSMH SSMH SSMH SSMH SS M H SS M H SSMH SSMH FH SSMH FH SSMH SSMH SSMH SSMH SSMH VESTIBULE S WV WV 1110 HC HC 9 9 10 10 10 10 FH CR O S S W A L K 21 SPACES 20 SPACES 22 SPACES 11 SPACES HC LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) RISER S 2 9 D E G 1 5 ' 3 3 ' ' W 3 9 1 . 3 5 ' LIVING AREA 300 60 120 01 LANDSCAPE PLAN SCALE 1"=60'-0" Provided (19) trees, 3" cal. (34) ornamental trees 30" ht. evergreen screen Provided 27,953 s.f. (83) trees, 3" cal. STREET REQUIREMENTS Requirements: (1) tree, 3" cal. min., per (forty) 40 l.f. and (2) ornamental trees per 50 l.f. of frontage in the landscape buffer strip. 24" ht. evergreen parking lot screen South Colony Blvd. (755.16 l.f.) Required (19) trees, 3" cal. (30) ornamental trees 24" ht. evergreen screen STREET YARD REQUIREMENTS: N/A THIS PHASE PARKING LOT (264,300 s.f.) Requirement: 10% total parking area to be landscape with (1) tree, 3" cal. per 400 s.f. of requried landscape area Required 26,430 s.f. (66) trees, 3" cal. BUILDING ENTRANCE Requirements: (1) 'Urban' Tree per 40 l.f. of building facade for bldgs. over 15,000 s.f. TOTAL L.F.: 1,004 l.f. includes future building Required: (25) tress Provided: (8) trees (17) future PERIMETER BUFFER EXCLUSIVE OF STREET BUFFER Requirements: (1) ornamental tree per 50 l.f. (1) shade tree per (5) ornamental trees TOTAL L.F.: 2,296 l.f. Required: (46) ornamental trees / (10) shade trees Provided: (41) ornamental trees / (28) shade trees LANDSCAPE TABULATIONS: LOT 7 GATEWAY OVERLAY 30 POINTS REQURIED 20 POINTS PROVIDED Enhanced Landscape at Monument Sign 5 pts. Enhanced Entry Landscape 5 pts. Enhanced Paving at Entry 5 pts. Street Buffer Berm along 50%5 pts. 10 POINTS FUTURE Decorative Planters / Benches 5 pts. Sign Planting (2)5 pts. Provided (3) trees, 3" cal. (6) ornamental trees 30" ht. evergreen screen Provided (15) trees, 2" cal. 5,306 s.f. (35.2%) Provided 1,770 s.f. (5) trees, 3" cal. STREET REQUIREMENTS Requirements: (1) tree, 3" cal. min., per (forty) 40 l.f. and (2) ornamental trees per 50 l.f. of frontage in the landscape buffer strip. 24" ht. evergreen parking lot screen SH121 SERVICE ROAD (154.16 l.f.) Required (3) trees, 3" cal. (6) ornamental trees 24" ht. evergreen screen STREET YARD REQUIREMENTS (15,047 s.f.) Requirements: 20% of all street yard shall be landscaped. For Street yards between 10,000 and 110,000 s.f., ten (10) trees plus one tree per 2,500 s.f. of street yard over 10,000 s.f. shall be required. Required (12) trees, 2" cal. 3,009 s.f. (20%) PARKING LOT (12,873 s.f.) Requirement: 10% total parking area to be landscape with (1) tree, 3" cal. per 400 s.f. of required landscape area Required 1,287 s.f. (3) trees, 3" cal. PERIMETER BUFFER EXCLUSIVE OF STREET BUFFER Requirements: (1) ornamental tree per 50 l.f. (1) shade tree per (5) ornamental trees TOTAL L.F.: 2,296 l.f. Required: (46) ornamental trees / (10) shade trees Provided: (41) ornamental trees / (28) shade trees LANDSCAPE TABULATIONS: LOT 1 0.92 AC UNDEVELOPED RETAIL 5,693 SF 23'-8" 0.14 23 (1/250) 36 (2 HC) 1/159 SITE DATA LOT 7LOT 1 LOT AREA: ZONING: CURRENT USE: PROPOSED USE: BUILDING AREA: MAX. BUILDING HEIGHT: FLOOR/AREA RATIO: PARKING REQUIRED: PARKING PROVIDED: PARKING RATIO: 20.16 AC PD-16 (UNDERLYING BP) UNDEVELOPED RETAIL 72,597 SF 38 FEET 0.08 291 (1/250) 808 (13 HC) 1/91 REFER TO SHEET L1.4 LANDSCAPE PLAN REFER TO SHEET L1.2 LANDSCAPE PLAN REFER TO SHEET L1.3 LANDSCAPE PLAN L.1 E: JP@JPDFIRM.COM DZAPATA01@GMAIL.COM PESKUSKI DESIGN FIRM CITY PROJECT NO. SHEET NO: SP23-0010 DATE: DALLAS, TEXAS NE W S H E L L B U I L D I N G F O R P L A N E T F I T N E S S 56 5 1 T X - 1 2 1 LO T 7 B , B L O C K A _ C O L O N Y C E N T E R A D D T N TH E C O L O N Y , T X P: 469.682.8956 F: 972.279.0238 PDF CI T Y P R O J E C T N O : S P 2 3 - 0 0 1 0 : 9/16/2023 NO.DESCRIPTION DATE Z-STUDIO DESIGNS Z-STUDIO LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1782 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM CH RI S T RON Z A N O S T A TE O F T E X A S T C E T H I R C A EPACSDNALDEE GE IS R RT 2204 09.28.2023 CITY COMMENTS 09.28.23 135 SP23-0010 - PLANET FITNESS - MARKUP TO APPLICANT (1) 1 50610FX 51610FX 40 6 1 0 F X 41 6 1 0 F X 5020FX50710FX5020FX51120FX51130FX5020FX50710FX5020FX 426 1 0 F X 40 6 1 0 F X 31120FX311710FX31120FX311710FX31120FX311710FX 31120FX311710FX31120FX311710FX31120FX311710FX 8' - 1 3 / 4 " 7'-8 1/4" 19906 SQ FT WVs WVs INLET IN L E T INLET CONCRETE PAVEMENT 5/8"IRS 5/ 8 " I R S LOT 2 LOT 1 (4)WVs (2)WVs (2)WVs (2)WVs (2)WMs (2)WMs(2)WMs FH (2)WVs (2)WVs LOT 2 BLOCK A 30/THE COLONY ADDITION INST#2014-192, P.R.D.C.T. 30/THE COLONY LTD B B GM PEDESTAL WV WV DRAIN DRAIN DRAIN DRAIN S TPAD CABINET WV WV WV WV WMB WMB B B B GV COSERV MRK HC SIGN HC SIGN HC SIGN HC SIGN S 47.3' 300.6' 23 6 . 0 ' 251.9' 27 2 . 4 ' 35 . 5 ' 7 11 9 9 9 8 9 10 10 89 30' MUTUAL ACCESS EASEMENT ~~ ~ 15' UTILITY EASEMENT INST#2015-84768 I N L E T I N L E T B A T T E R B O A R D TRA S H INLET C 1 HC FLOOR DECOR 5651 TX-121 TILT WALL BUILDING 72,593 S.F. (FOOTPRINT) 15' UTILITY EASEMENT INST#2014-192 34' DRAINAGE EASEMENT INST#2014-192 20' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT INST#2015-84768 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 20' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 M U T U A L A C C E S S E A S E M E N T D O C # 2 0 1 5 - 1 4 1 0 2 4 15' UTILITY EASEMENT 15' UTILITY EASEMENT INST#2014-50023 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 10' ONCOR ELECTRIC DELIVERY EASEMENT INST#2015-457 DOC#2019-68 34.00' N 2 9 ° 1 5 ' 3 3 " W 83 . 7 3 ' N 60°44'27" E - 620.13' 56.00' 244.75' 16 5 . 5 ' 69.8' 100.1' 23 6 . 0 ' 13.3' 2 1 . 5 ' 1 STORY BUILDING 15,405 S.F. (FOOTPRINT) TRA S H RAM P CANOPY VAULT TPAD SI D E W A L K SIDEWALK 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 D R I V E W A Y E A S E M E N T A G R E E M E N T D O C # 2 0 1 6 - 2 1 9 2 30' MUTUAL ACCESS EASEMENT CCF#2014-125748 15' UTILITY EASEMENT DOC#2015-84768 S 60°44'27" W 343.00' LOT 7 BLOCK A COLONY CENTER ADDITION INST. NO. 2015-457 7.6204 ACRES LOT 7A BLOCK A COLONY CENTER ADDITION DOC#2019-68 O.P.R.D.C.T. DRAINAGE EASEMENT DOC#2019-68 15' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 10 ' E L E C T R I C D E L I V E R Y CO M P A N Y E A S E M E N T DO C # 2 0 1 5 - 4 5 7 DO C # 2 0 1 9 - 6 8 ELECTRIC DELIVERY COMPANY EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 35' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 M U T U A L A C C E S S E A S E M E N T D O C # 2 0 1 5 - 1 4 1 0 2 5 10j 10n 10q 10q 10q 10q 10s 10s 10s 1 0 x 30' MUTUAL ACCESS EASEMENT & FIRE LANE INST#2014-192 VOL. 5301, PG. 2834 DRDCT DOC#2017-163 O.P.R.D.C.T. VILLAGE AT THE POINTE DOC#2017-163 O.P.R.D.C.T. 30/THE COLONY LTD CCF#2003-R0095422 (CALLED 22.027 AC) PROPOSED SHELL SPACE 20,000 FT (FF 611.18') S S S S S FH FH FH S SSMH SSMH FH FHFH FH SSMHSSMHSSMH SSMH SSMH SSMH SSMH FH SSMH SSMH SSMH SSMH SSMH SSMH VESTIBULE S WV WV 1110 HC HC 9 9 10 10 10 10 FH CR O S S W A L K 21 SPACES 20 SPACES 22 SPACES 11 SPACES HC LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) RISER S 2 9 D E G 1 5 ' 3 3 ' ' W 3 9 1 . 3 5 ' LIVING AREA CMST 1 LIR 6 CMST 1 LIR 6 200 40 80 01 LANDSCAPE PLAN SCALE 1"=40'-0" L.2 SOLID SOD NOTES LANDSCAPE NOTES 1 FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS INDICATED. LEAVE AREAS TO RECEIVE TOPSOIL 3" BELOW FINAL DESIRED GRADE IN PLANTING AREAS AND 1" BELOW FINAL GRADE IN TURF AREAS. 2.ADJUST CONTOURS TO ACHIEVE POSITIVE DRAINAGE AWAY FROM BUILDINGS. PROVIDE UNIFORM ROUNDING AT TOP AND BOTTOM OF SLOPES AND OTHER BREAKS IN GRADE. CORRECT IRREGULARITIES AND AREAS WHERE WATER MAY STAND. 3.ALL LAWN AREAS TO RECEIVE SOLID SOD SHALL BE LEFT IN A MAXIMUM OF 1" BELOW FINAL FINISH GRADE. CONTRACTOR TO COORDINATE OPERATIONS WITH ON-SITE CONSTRUCTION MANAGER. 4.CONTRACTOR TO COORDINATE WITH ON-SITE CONSTRUCTION MANAGER FOR AVAILABILITY OF EXISTING TOPSOIL. 5.PLANT SOD BY HAND TO COVER INDICATED AREA COMPLETELY. INSURE EDGES OF SOD ARE TOUCHING. TOP DRESS JOINTS BY HAND WITH TOPSOIL TO FILL VOIDS. 6.ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVEN SURFACE, FREE FROM UNNATURAL UNDULATIONS. 7.WATER SOD THOROUGHLY AS SOD OPERATION PROGRESSES. 8.CONTRACTOR SHALL MAINTAIN ALL LAWN AREAS UNTIL FINAL ACCEPTANCE. THIS SHALL INCLUDE, BUT NOT LIMITED TO: MOWING, WATERING, WEEDING, CULTIVATING, CLEANING AND REPLACING DEAD OR BARE AREAS TO KEEP PLANTS IN A VIGOROUS, HEALTHY CONDITION. 9.CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OF AN ACCEPTABLE TURF AREA AND SHALL PROVIDE REPLACEMENT FROM LOCAL SUPPLY IF NECESSARY. 10.IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1 AND MARCH 1, ALL SOD AREAS TO BE OVER-SEEDED WITH WINTER RYEGRASS, AT A RATE OF (4) POUNDS PER ONE THOUSAND (1000) SQUARE FEET. 1.CONTRACTOR SHALL VERIFY ALL EXISTING AND PROPOSED SITE ELEMENTS AND NOTIFY ARCHITECT OF ANY DISCREPANCIES. SURVEY DATA OF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS. 2.CONTRACTOR SHALL LOCATE ALL EXISTING UNDERGROUND UTILITIES AND NOTIFY ARCHITECT OF ANY CONFLICTS. CONTRACTOR SHALL EXERCISE CAUTION WHEN WORKING IN THE VICINITY OF UNDERGROUND UTILITIES. 3.CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED LANDSCAPE AND IRRIGATION PERMITS. 4.CONTRACTOR TO PROVIDE A MINIMUM 2% SLOPE AWAY FROM ALL STRUCTURES. 5.ALL PLANTING BEDS AND LAWN AREAS TO BE SEPARATED BY STEEL EDGING. NO STEEL TO BE INSTALLED ADJACENT TO SIDEWALKS OR CURBS. 6.ALL LANDSCAPE AREAS TO BE 100% IRRIGATED WITH AN UNDERGROUND AUTOMATIC IRRIGATION SYSTEM AND SHALL INCLUDE RAIN AND FREEZE SENSORS. 7.ALL LAWN AREAS TO BE SOLID SOD BERMUDAGRASS, UNLESS OTHERWISE NOTED ON THE DRAWINGS. 1.FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS INDICATED ON CIVIL PLANS. 2.ADJUST CONTOURS TO ACHIEVE POSITIVE DRAINAGE AWAY FROM BUILDINGS. PROVIDE UNIFORM ROUNDING AT TOP AND BOTTOM OF SLOPES AND OTHER BREAKS IN GRADE. CORRECT IRREGULARITIES AND AREAS WHERE WATER MAY STAND. 3.ALL LAWN AREAS TO RECEIVE SOLID SOD SHALL BE LEFT IN A MAXIMUM OF 1" BELOW FINAL FINISH GRADE. CONTRACTOR TO COORDINATE OPERATIONS WITH ON-SITE CONSTRUCTION MANAGER. 4.IMPORTED TOPSOIL SHALL BE NATURAL, FRIABLE SOIL FROM THE REGION, KNOWN AS BOTTOM AND SOIL, FREE FROM LUMPS, CLAY, TOXIC SUBSTANCES, ROOTS, DEBRIS, VEGETATION, STONES, CONTAINING NO SALT AND BLACK TO BROWN IN COLOR. 5.ALL LAWN AREAS TO BE FINE GRADED, IRRIGATION TRENCHES COMPLETELY SETTLED, AND FINISH GRADE APPROVED BY THE OWNER'S CONSTRUCTION MANAGER OR ARCHITECT PRIOR TO INSTALLATION. 6.ALL ROCKS 3/4" DIAMETER AND LARGER, DIRT CLODS, STICKS, CONCRETE SPOILS, ETC. SHALL BE REMOVED PRIOR TO PLACING TOPSOIL AND ANY LAWN INSTALLATION 7.CONTRACTOR SHALL PROVIDE (1") ONE INCH OF IMPORTED TOPSOIL ON ALL AREAS TO RECEIVE LAWN. GENERAL LAWN NOTES CH RI S T RON Z A N O S T A TE O F T E X A S T C E T H I R C A EPACSDNALDEE GE IS R RT 2204 09.28.2023 1.Installation of native grasses to be performed by hydro-seeding. 2.Provide a hydromulch cap per Hydromulch Notes. 3.Final grades to be smooth and level free of debris, rocks over 1" and shall have no ruts or depressions. 4.Install the following mix at the specified rate: - Sideoats Gramma 5 lbs / acre - Blue Gramma Grass 5 lbs / acre - Buffalo Grass 40 lbs / acre - Green Sprangletop 5 lbs / acre - Lovegrass 6 lbs / acre HIGHWAY MIX LAWN NOTES MAINTENANCE NOTES 1.The Owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscape. 2.All landscape shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to landscape maintenance. 3.All landscape areas shall be kept free of trash, litter, weeds and other such material or plants not part of this plan. 4.All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. 5.All plant material which dies shall be replaced with plant material of equal or better value. 6.Contractor shall provide separate bid proposal for one year's maintenance to begin after final acceptance. TREE LEGEND CP: CHINESE PISTACHE RO: RED OAK 'SHUMARD' LO: LIVE OAK CE: CEDAR ELM BC: BALD CYPRESS CM: CREPE MYRTLE 'RED' CM2: CREPE MYRTLE 'HOPI' CMST: CREPE MYRTLE 'NATCHEZ' ERC: EASTERN RED CEDAR LOR: LOROPTALUM 'PLUM DELIGHT' SHRUB/ GROUND COVER LEGEND DTS; DWARF TEXAS SAGE 'THUNDER CLOUD' IR: IRIS DBH: DWARF BURFORD HOLLY SAL: SALVIA 'FURMAN'S RED' ROS: ROSEMARY DAM: DAMIANITA LOR1: LOROPETALUM 'PURPLE DIXIE' HYDROMULCH HWY MIX '419' BERMUDAGRASS WC: PURPLE WINTERCREEPER SC: SEASONAL COLOR BOTANICAL NAME Lagerstroema indica 'Natchez' COMMON NAME Crepe Myrtle 'Natchez' SIZE 2" cal. PLANT MATERIAL SCHEDULE REMARKS container grown, 12' ht. single trunk, matching QTY 2 TREES SHRUBS TYPE CMST BOTANICAL NAME Liriope muscari 'Super Blue' COMMON NAME Liriope 'Super Blue' SIZE 3 gal. REMARKS container, 18" ht., 18" spread QTY. 12 TYPE LIR PLANT MATERIAL SHOWN WITHIN THIS LEGEND IS EXISTING PROPOSED PLANT MATERIAL FOR 20,000 S.F. SHELL BUILDING E: JP@JPDFIRM.COM DZAPATA01@GMAIL.COM PESKUSKI DESIGN FIRM CITY PROJECT NO. SHEET NO: SP23-0010 DATE: DALLAS, TEXAS NE W S H E L L B U I L D I N G F O R P L A N E T F I T N E S S 56 5 1 T X - 1 2 1 LO T 7 B , B L O C K A _ C O L O N Y C E N T E R A D D T N TH E C O L O N Y , T X P: 469.682.8956 F: 972.279.0238 PDF CI T Y P R O J E C T N O : S P 2 3 - 0 0 1 0 : 9/16/2023 NO.DESCRIPTION DATE Z-STUDIO DESIGNS Z-STUDIO LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1782 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM CITY COMMENTS 09.28.23 136 WV SO U T H C O L O N Y B O U L E V A R D (VARIABLE WIDTH RIGHT-OF-WAY) STATE HIGHWAY NO. 121 SSMH G.M.T. S . S 1/2"IRF W/RED CAP C.C. #2014-6187 RIGHT-OF-WAY DEDICATION STATE HIGHWAY 121 C.C. #2013-______ RIGHT-OF-WAY DEDICATION STATE HIGHWAY 121 GV GV WVs IN L E T INLET INLET IN L E T 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 5 0 0 2 4 20' DRAINAGE EASEMENT INST#2014-50022 15' UTILITY EASEMENT INST#2014-50023 5' COSERV GAS EASEMENT INST#2013-136976 (4)WVs (2)WVs (2)WVs (2)WVs (2)WVs (2)MWsPVC(2)WMs (2)WMs(2)WMs (2)WVs (2)WVs (2)WMs (2)WVs PP FH (2)WVs (2)WVs WV (2)WVs WV (2)WVs(2)WVs (2)WVs INLET INLET INLET INLET INLET INLET INLET GUARD RAIL PVC IN S T # 2 0 1 4 - 1 9 2 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 1 9 2 N 2 9 ° 1 5 ' 3 3 " W - 3 4 4 . 3 8 ' L17 (3 ) W V s (2)WVs WATER EASEMENT INST#2015-334 WATER EASEMENT INST#2015-335 S S C4 L1 1 L1 2 155.00'238.50'244.75'154.25' S 2 9 ° 1 5 ' 3 3 " E - 2 6 0 . 5 0 ' S 2 9 ° 1 5 ' 3 3 " E - 2 6 0 . 5 0 ' GM CM ATT VAULT 24' MUTUAL ACCESS EASEMENT DOC#2015-334 30' MUTUAL ACCESS EASEMENT CCF NO. 2014-125748 30 ' M U T U A L A C C E S S E A S E M E N T DO C # 2 0 1 4 - 1 2 5 7 4 8 SI G N COSERV MRK INLET VAULTAT&T MRK SIGN WV VAULT GV S S WATER EASEMENT INST#2015-335 ~~~~~~ ~ PVC TRA S H INLET CO N C R E T E C U R B AL O N G P R O P E R T Y L I N E CO N C R E T E C U R B AL O N G P R O P E R T Y L I N E CO N C R E T E C U R B AL O N G P R O P E R T Y L I N E AL O N G P R O P E R T Y L I N E CO N C R E T E C U R B 207.63' S 60°44'27" W - 237.63' L13 L21S 60°43'13" W - 667.50' L20 L1 9 L1 8 L1 6 L1 5 L22 26 0 . 6 5 ' L9 L1 0 1.4637 AC. LOT 2 BLOCK A COLONY CENTER ADDITION DOC#2015-334 M.R.D.C.T. 1.4263 AC. LOT 3 BLOCK A COLONY CENTER ADDITION DOC#2015-335 M.R.D.C.T. LOT 4 BLOCK A COLONY CENTER ADDITION DOC#2015-335 M.R.D.C.T. 1.3211 AC. LOT 5 BLOCK A COLONY CENTER ADDITION DOC#2015-457 M.R.D.C.T. TRA S H DUM P S . 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 5 0 0 2 4 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 5' GAS EASEMENT VOLUME 4432, PAGE 686 20' DRAINAGE EASEMENT INST#2014-50022 24' MUTUAL ACCESS EASEMENT INST#2014-125747 SIGN EASEMENT DOC# 2015-15232 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 5 0 0 2 3 SO U T H C O L O N Y B O U L E V A R D RI G H T - O F - W A Y D E D I C A T I O N C. C . # 2 0 1 4 - 6 1 8 8 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 5' C O S E R V G A S E A S E M E N T C. C . # 2 0 1 3 - 1 3 6 9 7 6 0.9225 AC. LOT 1 BLOCK A COLONY CENTER ADDITION DOC.# 2015-334 M.R.D.C.T. THUNDER D LLC DOC#201872238 15' UTILITY EASEMENT INST#2014-50024 INST#2014-50023 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 WATER EASEMENT DOC.# 2015-334 24' MUTUAL ACCESS EASEMENT DOC.# 2015-334 ONCOR ELECTRIC DELIVERY AND ATMOS ENERGY EASEMENT DOC.# 2015-334 SIGN EASEMENT DOC# 2015-15232 20' DRAINAGE EASEMENT INST#2014-50022 24' MUTUAL ACCESS EASEMENT INST#2014-125747 5' COSERV GAS EASEMENT INST#2013-136976 20' UTILITY EASEMENT INST#2013-124101 20' UTILITY EASEMENT CC#2013-124101 COSERV MRK BILLBOARD SIGN 5' C O S E R V G A S E A S E M E N T C. C . # 2 0 1 3 - 1 3 9 7 6 20' UTILITY EASEMENT VOL. 4589, PG. 1804 30' MUTUAL ACCESS EASEMENT INST#2015-96325 ON C O R E L E C T R I C D E L I V E R Y E A S E M E N T DO C . # 2 0 1 6 - 1 3 6 0 8 1 ON C O R E L E C T R I C DE L I V E R Y E A S E M E N T DO C . # 2 0 1 6 - 1 3 6 0 8 1 WV 56.00' 244.75' 20' UTILITY EASEMENT VOL. 4589, PG. 1804 S 60°44'27" W 343.00' PT. 47.651 ACRES COLONY 5 PARTNERS, LLC CCF#2012-140998 CFT NV DEVELOPMENTS LLC. CCF#2015-105132 PT. 47.651 ACRES COLONY 5 PARTNERS, LLC CCF#2012-140998 COLONY 5 PARTNERS, LLC CCF#2012-140998 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT CCF#2014-125748 10f 10f 10g 10g 10h 10h 10i 10i 10i 10j 10 j 10k 10 k 10m 10m 10n 10n MIDDLE FIXED ACCESS DRIVE CC# 2015-15231 SOUTH FIXED ACCESS DRIVE CC# 2015-15231 SO U T H F I X E D A C C E S S D R I V E CC # 2 0 1 5 - 1 5 2 3 1 10 o 10o 10p 10p 10q 10q 10q 10q 10u 10 v 30 ' M U T U A L A C C E S S E A S E M E N T DO C # 2 0 1 5 - 9 6 3 2 6 10 a a 10 a a 10gg 10 n 10hh 5' C O S E R V G A S E A S E M E N T VO L . 4 4 3 2 , P G . 6 9 9 10 g g PP SSMH SSMH FH FH S SSMH SSMH PP S S FH PP PP SSMH PP SSMH FH SSMH FH PP FH PPPPPP FH SSMH FH PP SSMH SSMH SS M H SS M H SSMH SSMH 200 40 80 01 LANDSCAPE PLAN SCALE 1"=40'-0" TREE LEGEND SHRUB/ GROUND COVER LEGEND PLANT MATERIAL SHOWN WITHIN THIS LEGEND IS EXISTING CP: CHINESE PISTACHE RO: RED OAK 'SHUMARD' LO: LIVE OAK CE: CEDAR ELM BC: BALD CYPRESS CM: CREPE MYRTLE 'RED' CM2: CREPE MYRTLE 'HOPI' CMST: CREPE MYRTLE 'NATCHEZ' ERC: EASTERN RED CEDAR LOR: LOROPTALUM 'PLUM DELIGHT' DTS; DWARF TEXAS SAGE 'THUNDER CLOUD' DBH: DWARF BURFORD HOLLY SAL: SALVIA 'FURMAN'S RED' ROS: ROSEMARY DAM: DAMIANITA LOR1: LOROPETALUM 'PURPLE DIXIE' HYDROMULCH HWY MIX '419' BERMUDAGRASS WC: PURPLE WINTERCREEPER SC: SEASONAL COLOR IR: IRIS L.4 E: JP@JPDFIRM.COM DZAPATA01@GMAIL.COM PESKUSKI DESIGN FIRM CITY PROJECT NO. SHEET NO: SP23-0010 DATE: DALLAS, TEXAS NE W S H E L L B U I L D I N G F O R P L A N E T F I T N E S S 56 5 1 T X - 1 2 1 LO T 7 B , B L O C K A _ C O L O N Y C E N T E R A D D T N TH E C O L O N Y , T X P: 469.682.8956 F: 972.279.0238 PDF CI T Y P R O J E C T N O : S P 2 3 - 0 0 1 0 : 9/16/2023 NO.DESCRIPTION DATE Z-STUDIO DESIGNS Z-STUDIO LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1782 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM CH RI S T RON Z A N O S T A TE O F T E X A S T C E T H I R C A EPACSDNALDEE GE IS R RT 2204 09.28.2023 CITY COMMENTS 09.28.23 137 SP23-0010 - PLANET FITNESS - MARKUP TO APPLICANT (1) 1 50610FX 51610FX 406 1 0 F X 416 1 0 F X 5020FX50710FX5020FX51120FX51130FX5020FX50710FX5020FX 426 1 0 F X 406 1 0 F X 31120FX311710FX31120FX311710FX31120FX311710FX 31120FX311710FX31120FX311710FX31120FX311710FX WV BREAK LINE 8'- 1 3 / 4 " 7'-8 1/4" 19906 SQ FT SO U T H C O L O N Y B O U L E V A R D (VARIABLE WIDTH RIGHT-OF-WAY) STATE HIGHWAY NO. 121 SSMH G.M.T. S . S SIGN WVs F.H. 1/2"IRF W/RED CAP C.C. #2014-6187 RIGHT-OF-WAY DEDICATION STATE HIGHWAY 121 C.C. #2013-______ RIGHT-OF-WAY DEDICATION STATE HIGHWAY 121 GV GV B.B.B. & C.R.R. SURVEY ABSTRACT NO. 174 WVs WVs IN L E T INLET INLET WV WVs GAS MKR INLET INLET INLET IN L E T IN L E T INLET INLET CONCRETE PAVEMENT CONCRETE PAVEMENT WALL SIGN EXIT-RAMP 5/8"IRS 5' COSERV GAS EASEMENT 5/ 8 " I R S 5/8"IRS 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 5 0 0 2 4 30/THE COLONY, LTD. A TEXAS LIMITED PARTNERSHIP CCF#2014-56194 LOT 2 LOT 1 20' DRAINAGE EASEMENT INST#2014-50022 15' UTILITY EASEMENT INST#2014-50023 5' COSERV GAS EASEMENT INST#2013-136976 (4)WVs (2)WVs (2)WVs (2)WVs (2)WVs (2)MWsPVC(2)WMs (2)WMs (2)WMs (2)WVs (2)WVs (2)WMs (2)WVs PP FH (2)WVs (2)WVs WV (2)WVs WV (2)WVs(2)WVs (2)WVs INLET INLETINLETINLETINLETINLET INLET GUARD RAIL PVC 30 ' M U T U A L A C C E S S EA S E M E N T & F I R E L A N E IN S T # 2 0 1 4 - 1 9 2 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 1 9 2 4.8782 AC. LOT 1 BLOCK A 30/THE COLONY ADDITION INST#2014-192, P.R.D.C.T. LOT 2 BLOCK A 30/THE COLONY ADDITION INST#2014-192, P.R.D.C.T. 30/THE COLONY LTD N 2 9 ° 1 5 ' 3 3 " W - 3 4 4 . 3 8 ' L17 CONCRETE PAVEMENT CO N C R E T E P A V E M E N T (3 ) W V s SIGN (2)WVs SI G N E A S E M E N T DO C # 2 0 1 5 - 1 5 2 3 2 B B GM INLET WV WV PEDESTAL WV WV MRK DRAIN DRAIN DRAIN WV WV DRAIN DRAIN S TPAD CABINET WV WV WVWV WMB WMB B B B GV COSERV MRK 30 ' M U T U A L A C C E S S E A S E M E N T CC F N O . 2 0 1 4 - 1 2 5 7 4 7 WATER EASEMENT INST#2015-334 WATER EASEMENT INST#2015-335 S DRAIN HC SIGN HC SIGN HC SIGN HC SIGN HC SIGN HC SIGN S 47.3' 300.6' 23 6 . 0 ' 251.9' 27 2 . 4 ' 35 . 5 ' C4 L1 1 L1 2 155.00'238.50'244.75'154.25' S 2 9 ° 1 5 ' 3 3 " E - 2 6 0 . 5 0 ' S 2 9 ° 1 5 ' 3 3 " E - 2 6 0 . 5 0 ' GM CM ATT VAULT 7 11 11 HC HC 10 10 HC HC 10 10 12 12 7 6 12 12 12 12 9 99999 9 9 9 989 10 10 10 10 10 10 10 10 10 89 24' MUTUAL ACCESS EASEMENT DOC#2015-334 30' MUTUAL ACCESS EASEMENT CCF NO. 2014-125748 30 ' M U T U A L A C C E S S E A S E M E N T DO C # 2 0 1 4 - 1 2 5 7 4 8 VAULT IN L E T IN L E T SI G N COSERV MRK INLET VAULTAT&T MRK SIGN WV VAULT GV S S INLET WV WV S WV S S WATER EASEMENT INST#2015-335 ~~~~~~~ 15' UTILITY EASEMENT INST#2015-84768 VAULT PEDESTAL IN L E T IN L E T IN L E T IN L E T IN L E T IN L E T COSERV MRK VA U L T S I N L E T I N L E T B A T T E R B O A R D S IN L E T S VAULT PEDESTAL IN L E T INLET PVC CO N C R E T E W A L K CO N C R E T E W A L K TRA S H INLET CO N C R E T E C U R B AL O N G P R O P E R T Y L I N E CO N C R E T E C U R B AL O N G P R O P E R T Y L I N E 46 . 6 ' CO N C R E T E C U R B AL O N G P R O P E R T Y L I N E AL O N G P R O P E R T Y L I N E CO N C R E T E C U R B 207.63' S 60°44'27" W - 237.63' L13 L21S 60°43'13" W - 667.50' L20 L1 9 L1 8 L1 6 L1 5 L22 26 0 . 6 5 ' C 1 L4 L5 L6 L7 L 8 C7 L9 L1 0 HC 1.4637 AC. LOT 2 BLOCK A COLONY CENTER ADDITION DOC#2015-334 M.R.D.C.T. 1.4263 AC. LOT 3 BLOCK A COLONY CENTER ADDITION DOC#2015-335 M.R.D.C.T. LOT 4 BLOCK A COLONY CENTER ADDITION DOC#2015-335 M.R.D.C.T. 1.3211 AC. LOT 5 BLOCK A COLONY CENTER ADDITION DOC#2015-457 M.R.D.C.T. FLOOR DECOR 5651 TX-121 TILT WALL BUILDING 72,593 S.F. (FOOTPRINT) TRA S H DUM P S . 15' UTILITY EASEMENT INST#2014-192 34' DRAINAGE EASEMENT INST#2014-192 20' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 5 0 0 2 4 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 35' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 WATER EASEMENT DOC# 2006-38459 20' DRAINAGE EASEMENT INST#2014-19224' MUTUAL ACCESS EASEMENT & FIRE LANE INST#2014-192 15' UTILITY ESMT. INST#2014-192 5' GAS EASEMENT VOLUME 4432, PAGE 686 20' DRAINAGE EASEMENT INST#2014-50022 24' MUTUAL ACCESS EASEMENT INST#2014-125747 SIGN EASEMENT DOC# 2015-15232 15 ' U T I L I T Y E A S E M E N T IN S T # 2 0 1 4 - 5 0 0 2 3 SO U T H C O L O N Y B O U L E V A R D RI G H T - O F - W A Y D E D I C A T I O N C. C . # 2 0 1 4 - 6 1 8 8 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 5' C O S E R V G A S E A S E M E N T C. C . # 2 0 1 3 - 1 3 6 9 7 6 SO U T H C O L O N Y B O U L E V A R D RI G H T - O F - W A Y D E D I C A T I O N C. C . # 2 0 1 4 - 6 1 8 8 COSERV MRK AT&T MRK 15' UTILITY EASEMENT INST#2015-84768 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 20' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 M U T U A L A C C E S S E A S E M E N T D O C # 2 0 1 5 - 1 4 1 0 2 4 0.9225 AC. LOT 1 BLOCK A COLONY CENTER ADDITION DOC.# 2015-334 M.R.D.C.T. THUNDER D LLC DOC#201872238 15' UTILITY EASEMENT INST#2014-50024 15' UTILITY EASEMENT INST#2014-50023 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 WATER EASEMENT DOC.# 2015-334 10' ONCOR ELECTRIC DELIVERY EASEMENT INST#2015-457 DOC#2019-68 24' MUTUAL ACCESS EASEMENT DOC.# 2015-334 ONCOR ELECTRIC DELIVERY AND ATMOS ENERGY EASEMENT DOC.# 2015-334 SIGN EASEMENT DOC# 2015-15232 20' DRAINAGE EASEMENT INST#2014-50022 24' MUTUAL ACCESS EASEMENT INST#2014-125747 5' COSERV GAS EASEMENT INST#2013-136976 20' UTILITY EASEMENT INST#2013-124101 20' UTILITY EASEMENT CC#2013-124101 COSERV MRK BILLBOARD SIGN 5' C O S E R V G A S E A S E M E N T C. C . # 2 0 1 3 - 1 3 9 7 6 20' UTILITY EASEMENT VOL. 4589, PG. 1804 5' C O S E R V G A S E A S E M E N T VO L . 4 4 3 2 , P G . 6 9 9 30' MUTUAL ACCESS EASEMENT INST#2015-96325 ON C O R E L E C T R I C D E L I V E R Y E A S E M E N T DO C . # 2 0 1 6 - 1 3 6 0 8 1 ON C O R E L E C T R I C D E L I V E R Y E A S E M E N T DO C . # 2 0 1 6 - 1 3 6 0 8 1 ON C O R E L E C T R I C DE L I V E R Y E A S E M E N T DO C . # 2 0 1 6 - 1 3 6 0 8 1 34.00' N 2 9 ° 1 5 ' 3 3 " W 83 . 7 3 ' N 60°44'27" E - 620.13' WV 56.00' 244.75' 16 5 . 5 ' 69.8' 100.1' 23 6 . 0 ' 13.3' 2 1 . 5 ' 1 STORY BUILDING 15,405 S.F. (FOOTPRINT) WV FH TR A S H RAM P CANOPY VAULT TPAD SI D E W A L K SIDEWALK 15' UTILITY EASEMENT DOC#2015-84768 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 D R I V E W A Y E A S E M E N T A G R E E M E N T D O C # 2 0 1 6 - 2 1 9 2 30' MUTUAL ACCESS EASEMENT CCF#2014-125748 15' UTILITY EASEMENT DOC#2015-84768 20' UTILITY EASEMENT VOL. 4589, PG. 1804 S 60°44'27" W 343.00' LOT 7 BLOCK A COLONY CENTER ADDITION INST. NO. 2015-457 7.6204 ACRES LOT 7A BLOCK A COLONY CENTER ADDITION DOC#2019-68 O.P.R.D.C.T. PT. 47.651 ACRES COLONY 5 PARTNERS, LLC CCF#2012-140998 CFT NV DEVELOPMENTS LLC. CCF#2015-105132 PT. 47.651 ACRES COLONY 5 PARTNERS, LLC CCF#2012-140998 COLONY 5 PARTNERS, LLC CCF#2012-140998 DRAINAGE EASEMENT DOC#2019-68 15' DRAINAGE EASEMENT DOC#2015-457 DOC#2019-68 10 ' E L E C T R I C D E L I V E R Y CO M P A N Y E A S E M E N T DO C # 2 0 1 5 - 4 5 7 DO C # 2 0 1 9 - 6 8 ELECTRIC DELIVERY COMPANY EASEMENT DOC#2015-457 DOC#2019-68 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 35' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 24 ' M U T U A L A C C E S S E A S E M E N T DO C # 2 0 1 5 - 4 5 7 DO C # 2 0 1 9 - 6 8 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68UTILITY EASEMENT DOC#2015-457 DOC#2019-68 UTILITY EASEMENT DOC#2015-457 DOC#2019-68 30' MUTUAL ACCESS EASEMENT DOC#2015-457 DOC#2019-68 12.5396 AC. LOT 7B BLOCK A COLONY CENTER ADDITION DOC#2019-68 O.R.D.C.T. 30' MUTUAL ACCESS EASEMENT CCF#2014-125748 M U T U A L A C C E S S E A S E M E N T D O C # 2 0 1 5 - 1 4 1 0 2 5 10e 10f 10f 10g 10g10h 10h 10 h 10i 10i 10i 10j 10j 10 j 10k 10 k 10 k 10 m 10m10m 10n 10n 10n MIDDLE FIXED ACCESS DRIVE CC# 2015-15231 SOUTH FIXED ACCESS DRIVE CC# 2015-15231 SO U T H F I X E D A C C E S S D R I V E CC # 2 0 1 5 - 1 5 2 3 1 10 o 10o 10o 10 p 10p 10p 10q 10q 10q 10q 10q 10 q 10q 10q 10q 10q 10q 10q 10s10s 10s 10s 10u 10 v 30 ' M U T U A L A C C E S S E A S E M E N T DO C # 2 0 1 5 - 9 6 3 2 6 1 0 x 10 a a 10 a a 10 a a 30' MUTUAL ACCESS EASEMENT & FIRE LANE INST#2014-192 TRACT 1 100' DRAINAGE EASEMENT VOL. 5301, PG. 2834 DRDCT 5/ 8 " I R S S 60°44'27" W - 429.24' HOA BLOCK A VILLAGE AT THE POINTE DOC#2017-163 O.P.R.D.C.T. LOT 64X HOA BLOCK A VILLAGE AT THE POINTE DOC#2017-163 O.P.R.D.C.T. DOC#2017-163 15' SANITARY SEWER EASEMENT DOC#2017-163 15' UTILITY EASEMENT CCF#2015-84768 100' DRAINAGE EASEMENT VOL. 5301, PG. 2834 2-7'X6' BOX CULVERT 15' UTILITY EASEMENT CCF#2015-84768 10 g g 10gg UTILITY EASEMENT DOC#2016-26045 10kk 10 n 30/THE COLONY LTD CCF#2003-R0095422 (CALLED 22.027 AC) 10ff 10hh 15 ' W A T E R EA S E M E N T CC F # 2 0 0 6 - 3 8 4 5 9 1 0 e 10 h h 15' UTILITY EASEMENT DOC#2015-457 DOC#2019-68 10q PROPOSED SHELL SPACE 20,000 FT (FF 611.18') 5' C O S E R V G A S E A S E M E N T VO L . 4 4 3 2 , P G . 6 9 9 10 g g PP SSMH SSMH S S S S S FH FH FH S SSMH SSMH FH FHFH FH SSMHSSMHSSMH SSMH PP S S S S PP FH PP PP SSMH SSMH SSMH PP SSMH FHFH SSMH FH SSMH FH PP FH PPPPPP FH SSMH SSMH SSMH FH PP SSMH SSMH SSMH SSMH SS M H SS M H SSMH SSMH FH SSMH FH SSMH SSMH SSMH SSMH SSMH VESTIBULE S WV WV 1110 HC HC 9 9 10 10 10 10 FH CR O S S W A L K 21 SPACES 20 SPACES 22 SPACES 11 SPACES HC LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) LANDSCAPE AREA & PARKING PERTAINING TO BUILDING -REF RECORD DRAWINGS FOR LANDSCAPE (SHEET L-1.2) AND IRRIGATION (L-2.1 & L-2.2) RISER S 2 9 D E G 1 5 ' 3 3 ' ' W 3 9 1 . 3 5 ' LIVING AREA DRIP IRRIGATION FOR PLANTING LEAVE-OUT DRIP IRRIGATION FOR PLANTING LEAVE-OUT CUT CONCRETE OR BORE FOR 2" IRRIGATION SLEEVE 2" SLEEVE DRIP IRRIGATION FOR PLANTING LEAVE-OUTS TO BE CONNECTED TO THE EXISTING IRRIGATION SYSTEM CONNECT PROPOSED DRIP IRRIGATION TO EXISTING IRRIGATION IN THIS LOCATION 50610FX 51610FX 40 6 1 0 F X 41 6 1 0 F X 5020FX50710FX5020FX51120FX51130FX5020FX50710FX5020FX 42 6 1 0 F X 40 6 1 0 F X 31120FX311710FX31120FX311710FX31120FX311710FX 31120FX311710FX31120FX311710FX31120FX311710FX 8' - 1 3 / 4 " 19906 SQ FT HC SIGN 7 11 11 VESTIBULE S WV WV 1110 HC HC 9 9 FH CR O S S W A L K 21 SPACES 22 SPACES HC LIVING AREA DRIP IRRIGATION FOR PLANTING LEAVE-OUT DRIP IRRIGATION FOR PLANTING LEAVE-OUT CUT CONCRETE OR BORE FOR 2" IRRIGATION SLEEVE 2" SLEEVE DRIP IRRIGATION FOR PLANTING LEAVE-OUTS TO BE CONNECTED TO THE EXISTING IRRIGATION SYSTEM CONNECT PROPOSED DRIP IRRIGATION TO EXISTING IRRIGATION IN THIS LOCATION 300 60 120 01 IRRIGATION PLAN SCALE 1"=60'-0" L I C E N SED I R R I S A X ETO AT T E S F G A T OR JON TUCK 15638 09.28.2023 IRR.1 E: JP@JPDFIRM.COM DZAPATA01@GMAIL.COM PESKUSKI DESIGN FIRM CITY PROJECT NO. SHEET NO: SP23-0010 DATE: DALLAS, TEXAS NE W S H E L L B U I L D I N G F O R P L A N E T F I T N E S S 56 5 1 T X - 1 2 1 LO T 7 B , B L O C K A _ C O L O N Y C E N T E R A D D T N TH E C O L O N Y , T X P: 469.682.8956 F: 972.279.0238 PDF CI T Y P R O J E C T N O : S P 2 3 - 0 0 1 0 : 9/16/2023 NO.DESCRIPTION DATE Z-STUDIO DESIGNS Z-STUDIO LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1782 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM SLEEVING NOTES IRRIGATION LEGEND (12" LATERAL SPACING, 12" EMITTER SPACING) HUNTER HDL-09-12-100-PC Drip Line and Fittings PVC LATERAL PIPING SIZED AS REQUIRED INSTALL ALL EQUIPMENT ACCORDING TO MANUFACTURERS SPECIFICATIONS 1.Drip Irrigation Equipment numbers reference Rainbird Equipment Catalog unless otherwise noted. 2.Landscape Contractor shall be required to supply Owner's Construction Manager with all equipment specifications and maintenance guidelines. 3.Landscape Contractor shall be required to follow Manufacturer's Specifications and Installation guidelines for drip system. 4.PRESSURE COMPENSATING EMITTERS shall be: Multioutlet Rain Bug EM6-M101, Multi outlet Shrub Bug EMT6-M101 or approved equal. (1 PER EVERY 6 - 4" POTS) 5.SINGLE OUTLET PRESSURE COMPENSATING EMITTERS shall be: Rain Bug Emitters EM-Mo5, -M10, -M20 and Shrub Bug Emitters EMT-M10, -M20 or approved equal. (1 PER EACH 1 OR 5 GAL PLANT) 6.DRIP PRESSURE REGULATORS shall be: PSI-HLA-15, PSI-HLA-20, PSI-HMB-20, PSI-HMB-25 or approved equal. 7.Y-FILTERS shall be: RBY-075-200, RBY-100-200 or approved equal. 8.MAIN IRRIGATION TUBING shall be:RBT-150P,RBT-160V or approved equal. 9.EMITTER DISTRIBUTION TUBING shall be: RBT-150P, RBT-160V or approved equal. 10.SUBTERRANEAN EMITTER BOX shall be: SEB-6 or approved equal. 11.Drip system piping only occurs within shrub / groundcover beds and rock mulch areas. Piping shall be a maximum 4" depth and a minimum 2" depth. 12.Contractor shall verify that all drip system valves and spray system valves are sectioned separately on controller. DRIP IRRIGATION NOTES 1.Contractor shall lay sleeves and conduits at twenty-four (24") inches below finish grade of the top of pavement. 2.Contractor shall extend sleeves one (1') foot beyond edge of all pavement. 3.Contractor shall cap pipe ends using PVC caps. 4.All sleeves shall be Schedule 40 PVC pipe. 5.Contractor shall furnish Owner and Irrigation Contractor with an 'as-built' drawing showing all sleeve locations. Hunter PRS30-04 4" Pop-up Spray Head with Plastic Hunter Pro Adjustable Nozzle Hunter Multi-Stream Bubbler Nozzle on Hunter PRS30-06 Pop-up Spray Head PVC CLASS 200 LATERAL LINE WATER METER, SIZE AS INDICATED Hunter I-Core series Controller with Hunter Solar Sync Sensor PVC SCHEDULE 40 SLEEVING PVC CLASS 200 MAINLINE D.C.A., SIZE AS INDICATED Spray, Rotor & Bubbler Zones-Hunter PGV Control Valves (See Plan for Size) Hunter PRS30-12 12" Pop-up Spray Head with Plastic Hunter Pro Adjustable Nozzle GPM VALVE SIZE Hunter PGP Ultra-04 Rotors Drip Zones-Hunter ICZ Drip Zone Control Kits (See Plan for Size) to Include Wye Strainer, Isolation Valve, Master Valve, and Pressure Regulator 150 30 60 01 IRRIGATION ENLARGEMENT SCALE 1"=30'-0" REFER TO IRRIGATION ENLARGEMENT FOR PROPOSED IRRIGATION LAYOUT CITY COMMENTS 09.28.23 138 E: JP@JPDFIRM.COM DZAPATA01@GMAIL.COM PESKUSKI DESIGN FIRM CITY PROJECT NO. SHEET NO: SP23-0010 DATE: DALLAS, TEXAS NEW SHELL BUILDING FOR PLANET FITNESS 5651 TX-121 LOT 7B, BLOCK A_COLONY CENTER ADDTN THE COLONY, TX P: 469.682.8956 F: 972.279.0238 PDF CITY PROJECT NO: SP23-0010: 9/16/2023 10/2/2023 NO.DESCRIPTION DATE Z-STUDIO DESIGNS Z-STUDIO EXTERIOR RENDERINGS SCALE: 1/8'' = 1'A4.0 139 140 GreenEx 09/15/2023 Date Description Project Name Project Number Description Scale Seal / Signature 3/32" = 1'-0" 4/ 6 / 2 0 2 3 2 : 2 8 : 1 6 P M \\ P B 2 P R O J E C T S \ P r o j e c t s \ P l a n e t F i t n e s s \ E x c e l F i t n e s s \ 2 0 2 3 . 0 2 9 5 T h e C o l o n y T X - T a k e o v e r \ D r a w i n g s \ B a s e \ 2 0 2 3 . 0 2 9 5 T h e Co l o n y T X - T a k e o v e r . r v t PERMIT PLAN 2023.0295 The Colony, TX NWQ Hwy 121 & 5 Colony Blvd The Colony, TX 75056 SCALE: 3/32" = 1'-0" CORE & SHELL MEP PLANS1 4/6/2023 Schematic Layout 14 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023 - _______ SITE PLAN – PLANET FITNESS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR “PLANET FITNESS,” AN APPROXIMATELY 20,000 SQUARE-FOOT HEALTH STUDIO WITHIN LOT 7B, BLOCK A, IN THE COLONY CENTER ADDITION. THE SUBJECT SITE IS LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 121 AND SOUTH COLONY BOULEVARD WITHIN THE PD-16 ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given requisite notices and consideration of the site plan application and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP23-0010 for “Planet Fitness,” an approximately 20,000 square- foot health studio within Lot 7B, Block A, in the Colony Center Addition. The subject site is located at the northwest corner of State Highway 121 and South Colony Boulevard within the PD- 16 Zoning District and the Gateway Overlay District should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan, building elevations and photometric plan applicable to the subject area, copies of which are attached hereto as Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the 142 extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS THE 17TH DAY OF OCTOBER, 2023. Richard Boyer, Mayor City of The Colony, Texas ATTEST: __________________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 143 Exhibit A 144 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding 3805 Overlook Court. B. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney about La Quinta Inn and Suites, 3750 Market Street, The Colony, concerning contemplated litigation - failure to pay hotel occupancy tax and related matters. C. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 145 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding 3805 Overlook Court. B. Any action as a result of executive session regarding La Quinta Inn and Suites, 3750 Market Street, The Colony, concerning contemplated litigation - failure to pay hotel occupancy tax and related matters. C. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 146