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02-10-2015 (City Council) Agenda Packet Wylie City Council CIT" OWY-LIE NOTICE OF MEETING Regular Meeting Agenda February 10, 2015— 6:00 p.m. Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylieteaov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas. ay. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Wylie Way Students—2nd 9 Weeks CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. February 10, 2015 Wylie City Council Regular Meeting Agenda Page 2 of 4 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the January 27, 2015 the Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat for Hunter's Cove. The Plat will create 59 single family residential lots and six (6) open space areas on 31.414 acres and dedicate the necessary rights- of way and parkland dedication. Subject property generally located southwest of E. Brown Street and Country Place Lane.(R. 011ie, Planning and Zoning Director) C. Review, and place on file, the 2014. Wylie Police Department Annual Traffic Contact Report. (Lt. A. Henderson, Police Dept.) REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon a change in zoning from Agricultural (A130) to Planned Development-Single-Family (PD-SF), for single-family residential development on approximately 38 acres, located at the northwest corner of Alanis Drive and S. Ballard Ave. ZC 2014-13 (R. 011ie, Planning and Zoning Director) Executive Summary The applicant is requesting to establish permanent zoning on approximately 38 acres of land, of which a portion contains a historical house known as "The Stone House". The rich history of this site and structure will be incorporated into the overall theme of the development. The applicant, and property owner has worked diligently with Staff and with the Wylie Historical Society to ensure that the house is relocated and preserved for its historic value. 2. Conduct the 1st Public Hearing for the annexation of two tracts of land approximately 32 acres situated in the Francisco De La Pina Survey, Abstract No. A0688, Tract No. 127, and Tract 202, Collin County, Texas, generally located east of W.A. Allen Blvd. and north of Stone Road and immediately east of Stone Grove Addition. 2014-04A (R. 011ie, Planning and Zoning Director) Executive Summary This annexation is at the request of property owners of two tracts of land.The subject tract is contiguous to existing city limits on the north,west, and south, while properties to the east are within unincorporated Collin County. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Hold a Work Session to discuss potential development of a vacant tract of land for Multi-Family uses, generally located north of S.H. 78 and east of Eubanks Lane. The NuRock Companies (R. 011ie, Planning and Zoning Director) February 10, 2015 Wylie City Council Regular Meeting Agenda Page 3 of 4 • Hold a Work Session to discuss a potential multi-family mixed-use development on approximately 10 acres, generally located east of S.H. 78 and south of Alanis Drive; and an approximate 18 acre tract located north of Brown Street and northeast of S.H. 78. OM Housing (R. 011ie, Planning and Zoning Director) • Hold a Work Session to discuss a potential multi-family mixed-use development on approximately 10 acres, generally located southeast of S.H. 78 and south of Alanis Drive. Sphinx Development (R. 011ie, Planning and Zoning Director) • Hold a Work Session to hear an update regarding potential redevelopment of an existing Manufactured Home park to a multi-family mixed use development generally located east of S.H. 78 and south of F.M. 544. Gardner Capital. (M. Manson, City Manager) RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: $$Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real. property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Discussion regarding the acquisition of properties by the Wylie Economic Development Corporation located near the intersection of State Highway 78 and Ballard Avenue. (S. Satterwhite, WEDC Director) §§Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). • Deliberation regarding commercial or financial information that the City has received from a business prospect and to deliberate the offer of incentives to a business prospect. (S. Satterwhite, WEDC Director) §$Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. • Deliberation of settlement of dismissal of a police officer February 10,2015 Wylie City Council Regular Meeting Agenda Page 4 of 4 RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code§551.001 et. seq., will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the,following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with the attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. CERTIFICATION I certify that this Notice of Meeting was posted on this 6`h day of February, 2015 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, January 27, 2015 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith Stephens, Councilman Nathan Scott, Councilman Bennie Jones, Councilman David Dahl, Councilman Todd Wintters, and Councilman William Whitney III. Staff present were: City Manager, Mindy Manson; Fire Chief, Brent Parker; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Finance Director, Linda Bantz; Public Services Director, Mike Sferra; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Raymond H. Perry representing the Trinity Friendship Baptist Church gave the invocation and Pastor Jeff Denton representing the Waterbrook Bible Church led the Pledge of Allegiance. PRESENTATIONS • Proclamation for Black History Month Mayor Hogue presented a proclamation designating February 2015 as Black History Month. Pastor Raymond H. Perry, representing the Trinity Friendship Baptist Church, was present to accept the proclamation. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Minutes January 27, 2015 Wylie City Council Page 1 Mayor Hogue announced that the City had been honored with an "A" in government transparency and public notices from the Dallas Morning News. Councilman Jones announced that he had attended the Martin Luther King Day in Crystal City. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the January 13, 2015 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for December 31, 2014. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for December 31,2014. (L. Bantz, Finance Director) D. Consider, and act upon, Resolution No. 2015-04(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall counties, Texas, ordering the general election to be administered by the Rockwall County elections administrator on May 09, 2015,. for the purpose of electing the positions of two (2) Members, (Place 2 and Place 4), to the Wylie City Council, to hold office for a period of three (3) years; designating locations of polling places; designating filing deadlines; ordering notices of election to be given as prescribed by law in connection with such election; and appointing election judges. (C. Ehrlich, City Secretary) E. Consider, and act upon, an Election Contract by and between the City of Wylie and the Rockwall County Elections Administrator for administration of the May 09, 2015 Wylie General Election. (C. Ehrlich, City Secretary) F. Consider, and act upon, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of December 31, 2014. (S. Satterwhite, WEDC Director) G. Consider, and act upon, Ordinance No. 2015-07 of the City of Wylie, amending Ordinance No. 2014-30 (2014-2015 Budget) and approving an appropriation of funds in the amount of $42,000.00 for the General Fund (Wylie Fire Rescue) for the purpose of purchasing a vehicle for Wylie Fire Rescue; providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. (B. Parker, Fire Chief) H. Consider, and act upon, approval of a Final Plat for Creekside South Apartments, Lot 1, Block A, creating a single lot, for the development of a 252 unit multi-family complex, generally located north of McMillen Road and west of Lewis Drive within the Creekside Subdivision. (R. 011ie, Planning and Zoning Director) I. Consider, and act upon, Ordinance No. 2015-08, amending regulations to Zoning Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to design standards within the Downtown Historic District(ZC 2014-06). (R. 011ie, Planning and Zoning Director) Minutes January 27, 2015 Wylie City Council Page 2 J. Consider, and act upon, Ordinance No. 2015-09, amending regulations to Zoning Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to district boundaries within the Downtown Historic District(ZC 2014-06). (R. 011ie, Planning and Zoning Director) K. Consider, and act upon, Ordinance No. 2015-10 of the City of Wylie, amending Ordinance No. 2014-30 (2014-2015 Budget) and approving an appropriation of funds in the amount of $21,232.86 for the General Fund for the purpose of funding the costs associated with purchasing (3) Panasonic Toughpad computers and (3) ICS licenses for the Special Investigative Unit; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (Lt. A. Henderson, Police Department) L. Consider, and act upon, the purchase of Shadesure® shade covers, warranties and installation from Shade Structures Inc. (dba USA Shade & Fabric Structures) in the amount of $57,484.00 for Community Park through the use of a cooperative purchasing contract with the National Joint Powers Alliance Cooperative (NJPA) contract #022113-LTS/Wylie Agreement #W2015-38-I; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) Council Action A motion was made by Councilman Wintters, seconded by Councilman Scott to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, approval of a Replat for Waterbrook Bible Fellowship Block A, Lot 1R; a Worship Facility located northeast of Thomas Street and Laney Earl Hale Street(507 Thomas Street). (R. 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the purpose for the replat is to dedicate necessary fire lane and utility easement to accommodate a 7,400 s.f. addition to the existing campus. Public Hearing Mayor Hogue opened the public hearing on Item #1 at 6:22 p.m. asking anyone present wishing to address Council on this item to come forward. No one was present to address Council during the public hearing. Mayor Hogue closed the public hearing at 6:23 p.m. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tem Stephens to approve the replat for Waterbrook Bible Fellowship Block A, Lot 1 R; a Worship Facility located northeast of Thomas Street and Laney Earl Hale Street (507 Thomas Street). A vote was taken and the motion passed 7-0. Minutes January 27, 2015 Wylie City Council Page 3 2. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR) for FY 2013-2014 after a presentation by the audit firm of Weaver L.L.P. (L. Bantz, Finance Director) Staff/Auditor Comments Finance Director Bantz addressed Council stating that the City Charter in Article VII, Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Bantz explained that Weaver had performed an audit as of September 30, 2014. This is the seventh year for the audit to be performed by Weaver since they were selected to continue as the City's independent auditors after an RFP process was done during 2014. Bantz introduced John DeBurro, CPA and Senior Manager for Weaver. Mr. DeBurro provided a short presentation of the 2013-2014 CAFR. He reported that Weaver had found the audit to be an unmodified opinion. He explained that Weaver had issued the Independent Auditor's Report on Internal Control over Financial Reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. An unmodified report is the best reporting a city can receive where no deficiencies were found. Mr. DeBurro reviewed some of the highlights of FY2013-2014 CAFR with council and those present. A complete copy of the FY 2013-2014 CAFR is on file for review. Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to accept the Comprehensive Annual Financial Report (CAFR) for FY 2013-2014 by the audit firm of Weaver L.L.P. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2015-05(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Wylie and the Seis Lagos Utility District for ambulance and paramedic services. (B. Parker, Fire Chief) Staff/Council Discussion Fire Chief Parker addressed Council stating that Lucas Fire Department provided Seis Lagos fire, first responder, and ambulance services for many years. In October of 2014, Seis Lagos and the Lucas Fire Department were unable to reach a mutual agreement regarding ambulance service. Chief Parker explained Seis Lagos approached the Southeast Collin County EMS Coalition (SECCEMSC) requesting to join the Coalition. Although the SECCEMSC had provided service to Seis Lagos through the agreement with Lucas, the Coalition was not looking to add members. Parker explained due to the limited number of ambulance calls to Seis Lagos (average 17 per year), Wylie Fire Rescue feels they can accommodate Seis Lagos until a long term agreement can be reached with either Lucas Fire Department or the coalition. ETMC is currently staffing one and a half ambulances in the Coalition. The half ambulance (placed in service approximately a year ago) has dramatically reduced the number of back-up ambulance calls which leaves these ambulances available for calls to support the Coalition, other mutual aid requests, and/or Seis Lagos. Parker stated the Coalition recommends providing service to Seis Lagos using the back-up ambulances. Wylie will support Seis Lagos with an ambulance for a period of only 180 days to allow time for Seis Lagos to work out an agreement with the city of Lucas. Seis Lagos will pay $8,000.00 for six months, with an option for a six month extension. If the contract is extended, Seis Lagos will pay an additional $8,000.00 to cover Wylie's costs for the term of the extension. Minutes January 27, 2015 Wylie City Council Page 4 Mayor Hogue asked Chief Parker, if the City continues to service areas outside the City, how long is it before response time for our City is affected. Chief Parker explained Lucas was a member of the Coalition but decided to resend their membership leaving Seis Lagos without support from Lucas which is within their district. At this time Seis Lagos is trying to request an interlocal agreement for EMS service from Lucas but no terms have been agreed upon. Parker noted that since the inception of the Coalition many years ago, the average EMS calls to Seis Lagos have been around 17 per year. Parker stated in his opinion it did not add an additional burden on the City for EMS service. Mayor Hogue asked why a six month agreement with Seis Lagos was proposed. Parker replied the City was trying to provide EMS service for a short period to give time for Lucas and Seis Lagos to work out an agreement. Mayor Hogue asked when does the City stop taking agreements with jurisdictions outside the City of Wylie. Mayor Hogue stated that his concern was the eventual impact it would have on our service levels to our citizens. Councilman Jones stated that the proposed agreement should be short term and ultimately an agreement worked out between the city of Lucas and Seis Lagos. Mayor Hogue asked how the agreement addressed extensions to the contract. Parker replied that the contract could be extended automatically if cancellation was not requested by either party. Mayor Hogue stated that he would like to see any extensions come back before the Council for consideration. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Scott to approve Resolution No. 2015-05(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Wylie and the Seis Lagos Utility District for ambulance and paramedic services for 180 days and any extension to the contract be brought back for Council consideration. A vote was taken and the motion passed 7-0. Presentation of the Wylie Economic Development Corporation Annual Report. 4. Consider, and place on file, the 2014 Wylie Economic Development Corporation Annual Report. (S. Satterwhite, WEDC Director) Staff Comments WEDC Executive Director Satterwhite addressed Council with a report of 2014 WEDC activities as required by WEDC Bylaws. In summarizing the WEDC financial condition, Satterwhite indicated that sales tax receipts were up 4.1% over 2013 totaling $1,932,632. Additional income from the lease of WEDC buildings equaled $126,650 and $11,959 from a loan receivable. Satterwhite noted an ending fund balance of $2,651,986 existed as of September 31, 2014. Satterwhite reported the audit firm of Weaver, LLP found no irregularities and had no recommendations for changes to accounting practices. In addressing large retail centers, Satterwhite indicated that sales tax receipts are growing at a double digit percentage rate within Woodridge Crossing, and that Woodbridge Centre lease space is approximately 80% occupied. Among the many retail concepts added with Woodbridge Centre in 2014 was the stand alone restaurant concept, The Rock Wood Fired Pizza, which is reportedly leading in sales company wide. It was further reported that Ascend Custom Extrusion exercised its purchase option on its Martinez plant fully removing the WEDC from all financial obligations associated with the project. Also, staff reported that all negotiations with Exco have been finalized clearing the way Minutes January 27, 2015 Wylie City Council Page 5 for construction of its 30,000 square foot manufacturing plant with a project value of $7.5 mm. The WEDC also entered into six additional Performance Agreements in 2014 totaling $3.9 mm and 32,000 square feet of new commercial facilities. Satterwhite reported 2015 goals and objectives centered around a continued partnership with KCS in the future development of 250 acres of land zoned light industrial and adjacent to their intermodal improvements. Other tasks slated for 2015 included the attraction of a hotel and master planning WEDC property recently purchased on Jackson Street to expand commercial activities benefitting Historic Downtown Wylie. The Mayor and Council encouraged Satterwhite to stay focused on KCS and continue to make progress on areas slated for redevelopment near Industrial Court. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2015-07, 2015-08, 2015-09, and 2015-10 into the official records. Mayor Hogue convened into work session at 7:55 p.m. WORK SESSION • Hold a joint work session with the WEDC Board of Directors to discuss master planning 19 acres of commercial property owned by the City of Wylie located near the intersection of F.M. 544 and Sanden Boulevard. (S. Satterwhite, WEDC Director) WEDC and Planning staff, along with PBK Architects, presented to Council development options for a City-owned 19 acre tract located near the intersection of Sanden and F.M. 544. PBK described, with the help of architectural renderings, a mixed-use plan built around the anchor of a multi-story office or hotel. WEDC staff commented that in order to maximize the use of the property there must be an anchor, such as an office building, to attract other ancillary uses such as retail, professional, and residential uses. PBK representatives added that in order to support the desired density, a three to four story parking structure would be required. Mayor Hogue commented that while this is only a preliminary concept, this type of vision is what he is looking for. Each individual Councilman also supported this type of vision. Mayor Hogue directed staff to seek out professional assistance in developing a feasibility study so that Council is realistic in their expectations as to what type of uses this property and the Wylie market can support. Council members also directed staff to identify opportunities to utilize City property to the north for access to open space to compliment the commercial opportunities presented. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 8:15 p.m. Mayor Hogue convened into Executive Session reading the caption below at 8:20 p.m. Minutes January 27, 2015 Wylie City Council Page 6 EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. • City Manager Evaluation. (M Manson, City Manager) RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Regular Session at 9:50 p.m. Mayor Hogue announced that City Council had reviewed the City Manager's annual evaluation in Executive Session and stated the Council appreciates the continued work and support Mindy Manson has provided. Mayor Hogue explained, this is why Ms. Manson continues to be one of the longest serving City Managers in the City's history. ADJOURNMENT A motion was made by Councilman Jones, seconded by Councilman Dahl to adjourn the meeting at 10:05 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes January 27, 2015 Wylie City Council Page 7 of Wit, . Wylie City Council � .� R�Ms; AGENDA REPORT ,-:is Meeting Date: February 10, 2015 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee,AICP Account Code: Date Prepared: January 23, 2015 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Hunter's Cove. The Plat will create 59 single family residential lots and six (6) open space areas on 31.414 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located southwest of E. Brown Street and Country Place Lane. Recommendation Motion to approve a Final Plat for Hunter's Cove. The Plat will create 59 single family residential lots and six (6) open space areas on 31.414 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located southwest of E. Brown Street and Country Place Lane. Discussion APPLICANT: JBI Partners, Inc. OWNER: DR Horton, Texas, LTD The property totals 31.414 acres and will create fifty-nine (59) single-family residential lots and six (6) open space lots. The plat shall also dedicate the necessary drainage and utility easements. The development will be constructed in accordance with the regulations of Single-Family 10/24 (SF-10/24) District. The subdivision was the subject of a recent zoning case adopted in March 2014 on approximately 31.414- acres from Agricultural(A/30) to Single Family-1.0/24 (SF-10/24). The Final. Plat complies with all applicable technical requirements of the City of Wylie. Planning & Zoning Commission Discussion The Commission asked about the 2nd point of access and when it would be constructed. The Final Plat shows the R.O.W. dedication for the access to be implemented by separate instrument. This portion of right-of-way is on Wylie ISD property. Upon final inspection and acceptance by the City Engineer, the 2nd point of access must be constructed and accepted in order to meet the requirements of the subdivision regulation. The Commission voted 6-0 to recommend approval. Page 1 of 1 LOT 1 / I / LOST ACRE ,1 / VOL. 2007, PG. 156 I �` / 1 // ! / 1 SAMUEL RAMSEY M FRIASA GARNER KOCH 50' PRIVATE ROAD TODD BRAMMER 1 41 � I E. R(IY RAMSEY 1C. NO. 2007- ALVIN BITTNCR DOC. NO. 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Na 20110604000352890 / w N`o o rVN0 1n5 U E 25 BL- - -- - " -gO. 2g SO2'2, 59"E I O�M1 _ � � / / / m N - --a7.4-9' ao.00' a0.00'--a000_ _ao_o0'_ a000 ao_o0 -�to_oo - R.SD�q`,�V 6 74 G� o- M UPLAIN PER JBI PARTNERS,N Nh.XISTiNG '00 YEAR CITY '`c5 a a LOT 21X, BLOCK C ro80.87_ _ - - -- - - - - -. �54'aVI i NF'L00 / 2 1 / `S - COMMON AREA L.OT `° - - -- _ 760.07 - -- - ,-. ._ tD iCI Q a 2 - - - - -- --- _ _ / _- 200T COMMON AREA LOT & -C4 N INC. PRELIMINARY ANALYSIS 1 o' •- A '. THER �D IGf� AVENUE(O I `O DETENTION AND _ aU OO aO 0�, go.00' F ACCESS EAS MENT / AND h 7 a _ S02'2i Eo nDH V 'd /` ,.. W i 0. _tee- N - - / SO22 59"E. - ARRON EST. (V // , ooc1 - DRAINAGE EASEMENT OY _ gpOp a0.0o 0� `L� 0 DEDICATED 0 H.O.A. LOCATION MAP ( T ) CAB. N. PG. /97 O .• y 1 1 ono I o>j DEDICATED TO H.O.A. �L eO.07 - - - -. _- -,w a0.00 L ao.00 L - G.ILLI 11 881Wolm14 �1 . T5OO �7 I / I e5 �� ga , _ �� _o8� �� n �� 16 �� Is �� N of o1 �1� Dn. JOE TOLLESON. OHN A. YA s, ae `b r 20X, / oLL0 Z - YR- OCK C / ( / 05' VB - 0 ,3 - So2'21'S., E -H m 4 i o 00 W 0 ro Id ,4 �. N 7S6_44 et ux at uu _ OPEN RAINA,' 0 VOL 429a -- M �� N 9. ANU DRAINAGE: 1 / i m L- N N 19 `'�0 w '- m '• 'o f , i - I DOC. No. LOT 79X BLOCK C / a 21 20 _ �•- m z z z °" o w u 0o PG. 1653 96-0070802 -✓ 50' LAN SCAPE & BLOCK C Y EASEMENT I / / 22 ^w H z z um 0 j 15 o -�"' COMMON AREA LOT 1R 0 / V 0,5 zz z 80,00' 80.00' 9500 p m col p OEUICATt TO H.O A- n. 18 N SE. t2W'Co 05 Y% 80.oa 80.00' 80.00' 8ao.00' 80.00' 95.00 25 25 mEr 6 I __. ____ -- -1 S 0- __ -38 04f 80 00 80.00' 0p 80.00' - i'- 0721'S9" o u1 6a000' -..- -' _- ____ - _ - 30 S.SE. /r --.____ _849' 29 6 80 00 80.00' 80.00' 80.00' 80.00' W w w w �.,� S 135.86' I BLOCK K E I a ,; AL. 4837, PG. 167 100.00' c - 1 Gj S� s 132 26 , ,80 00 w w ,„ gLI- °x • -� L3 z11 61 \ w o.. w w eLocK e 4-b o° oo _0-0 10 00 11 ,0:4__ i2 n 4 ro = of16 00lT 1-i m 15' S.5E. 2: / -e------ fi 9 N 0 0 0abo 0 6 m o 7 caN8 mn sg �n ;'�`o `"� i� �C `? 5'U.e o CVI _ I N �/ '� c5�5 . �p O C2_- -"1 --a 35 rn\ ' \ \ 00 00 0 4 Eo0 5 ro M '."`N �I r `Vro ", L 'a' O4 OO� z 00 m m iD BLI 2 E. 1 t1• R, - / 3 Li' 3,8 G o m r,n ' `- m ro __ -) z - _ �"�� CC FV"-/ 1 ��c� VO � v; 1 mW 2 m 3 M ,nv, ra4 10QOi 728 \., 6 . a �^ 2 3 E e \ 5 w r w _ 5 BC z - - ki 135^18_1 5 9Vq,81 / E Zo 2 0 \ co DO r z z z 80.00'- 80.00 80 00' 95,00_ - 8 258i �1j i M® e P 2fl m I 5' 3 \ 6 \ \ z _. _ _ z __ _ - z 80 00' z 80.00_ - 80 00 _ -�'-__ __ 58 a: v.. I I co `"n h _ -- _ 80.00 _ _ - - - -.- (n 63.39 , 2 -5 - -. L2 N� S / I �c5 m o - - .-. ,_-._-_-.._- e 162 N'a- // ;:: n' 1gk5'11" h/I / a's-oo �I 4? 1 / /` _- 1041�6NUa ti'm_ S8000 .o 5'U.E. 0. 80.00' w `� - 30` 5 .04 - 67.5-' 539- 1 1 0 / a o .° /407d' aaoD' a000 a000 w ° a oo' 0 9 1 _ 72.49. _ 5038 IW I / / / a 4/. ae so.00'_ -w w -2s'BL , s'u.E. - o oaSoo oa0 "� �' 2 1 / BLOCK A ooN y m hY� 5 SSr y - 00 _.p -moo roo -co �'/' 12 mm IS co x'N iq, �� 15 mm 16 �� 77 n2 18 � 79 1,1 „,51`` N ' tOCASEW OF PROPOSED 10' SANITARY �..n m _ v BLOCK A 4 0 0 0 0 co o• 1 ' 1 3.37 1 I-0 1 / EASEMENT / on W e ti 5 7.5 11m � 6 z 7 h0 z t0 `n� ii :zw 0 80.00' z0 80.00' m 80.OU' z- 80.00' z 80.00' zw 80.00' z x 30��0' 30��:1 z. ADOC�e�FMENT DESCRIBED North 20' N T M. LG- F.SMT_ 1 / M ID Q-- N IN EXHIBIT "G" 4 N. V01.._ 325 - PG. 417 > w m - n'n 9 .'oI w 2005-0178909 �0000. 0 OPEN SPACE .`b n w 8 a 43 id AND DRAINAGE I W 'y m` m � z z z 95.00' F 1/2",./83 1 rt.() IRE BLOCK A I YO. m �Ln 0 I / 438.11' / 1'7s 9L28 a000 80.00' 80.00' 80.00 S000 SU.O1433.83' O'"- ro 9552' 96.13' - ` 3.79' 227.55' , n m DI00 / N87j 46'54"E / `v1-IRF NO2'21 59 W s58" BUILDING LINE I 688. 5'� / , �M IRF AB. M, PG. 452 NO2'11 51 W / 17.05 1 GRAPHIC SCALE 258 L..OT 2OX, BLOCK A / / / I - 50' LANDSCAPE & 1 / / 100 0 W 100 200 CI- COMMON AREA LOT I- 3 1 DEDICATED TO H.O.A. ( EXISTING 100 YEAR CITY / 1 WYLIE RANCH EAST, PHASE ONE W O Ci I / w CAB. B. PG. 277 (J.I a TiMMY RAY KREYMER FLOOIDPLAIN PER / I w VOL, 4042, PG- 652 \ JBI PARTNERS, INC./ / / 1 WYLIE LSD o (inch FEET ) Ce o R 1 = 100 ft. I-' T. PRELIMINARY ANAL)"SiS I / y VOL. 6070, PG. 4102 o N ili j O 1 / / miz I / / / O w 0 W / 1 0 25A 0 Q / / / I o I Cr W CO 4 n / I I ¢ NOTES: z / / I - - ,00 I / 1 `° m 1.) "SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A / / y VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES M / / i i I AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS." 0_ 2.) COORDINATES SHOWN HEREON ARE NAD 83 TEXAS STATE PLANE, NORTH u) I CENTRAL ZONE COORDINATES REFERENCED FROM THE CITY OF WYLIE, TEXAS LOT AREA TABLE LOT AREA TABLE I MONUMENT CM-1 AND CM-2. BLOCK/LOT SQUARE FEET ACRES BLOCK/LOT SQUARE FEET ACRES 3.) BLOCK A, LOT 20X AND BLOCK C, LOTS 19X, 21X AND 22X ARE 0 A-1 12,238 0.281 C-1 16,017 0.368 I COMMON AREAS THAT SHALL BE DEDICATED TO AND MAINTAINED BY THE A-2 19,726 0.453 C-2 14,481 0.332 I I HOME OWNER'S ASSOCIATION. 0 FLOOD STATEMENT: rn A-3 15,101 0.347 C-3 14,151 0.325 4.) BLOCK A, LOT 21X AND BLOCK C, LOT 20X ARE OPEN SPACE LOTS N A-4 18,770 0.431 C-4 14,147 0.325 According to Community Panel No. 48085C0420J, dated June 02, 2009 A-S 17,973 0.413 C-5 14,145 0.325 of the Federal Emergency Management Agency, National Flood Insurance I I THAT SHALL BE DEDICATED TO AND MAINTAINED BY THE HOME OWNER'S ASSOCIATION. Program Map, this property is shown in a special flood hazard area. I ui A-6 10,359 0.238 c-6 14,141 0.325 This property is within an area identified os Zone AE. If this site is E A-7 10,000 0.230 C-7 14,127 0.324 not within on identified special flood hazard area, this flood statement I 1- A-8 10,000 0.230 C-8 N 14,111 0.324 does not imply that the property and/or the structures thereon will be UNE TABLE A-9 10,000 0.230 C-9 14,094 0.324 free from flooding or flood damage. On rare occasions, greater floods I I can and will occur and flood heights may be increased by man-made N UNE BEARING DISTANCE A-10 1Q000 0.230 C-10 14,078 0.323 I I or natural causes. This statement shall not create liability on the part L, S0132'36"E 53.38' p- A-11 10,000 0.230 _ C-11 14,060 0.323 of the Surveyor. I i FINAL PEAT i L2 520'25'31"E 100.96' A-12 10,000 0.230 C-12 17,905 0.411 I L3 S01'4633"E 100.00' _c L4 - 532'54'18"E 100.85' A-13 10,000 0.230 C-13 18,544 0.426 I I L5 S63'58'33"W 54.04' A-14 10,000 0.230 C-14 10,783 0.248 I HUNTER'S COVE E L6 N88'02'41"E 150.00' I 5,L7 S,6.30'23"W 60.18' A-15 10,000 0.230 C-15 10,892 0.250 CO L8 S50'53'25"E 97.58' A-16 10,000 0.230 C-16 12,875 0.296 LOTS 1-19, BLOCK A AND 20X-21X; -0 L9 - 520'25'31"E 41.09' - A-17 1Q000 0.230 C-17 19,931 0.458 LEGEND I I JOE roLLEsoN, JOHN A. YATES, LOTS 1 -22, BLOCK B; AND L10 N8873'27"E 6.99' A-18 10,000 0.230 C-18 24,277 0.557 et ux et uz 0 L11 307'14'34"E 137.24' I VOL. 4298, DOC. No. LOTS 1 -18, BLOCK C AND 19X-22X N L13 S48'0212"E 21.97 7,015 0.161 C-20X 24,10 5.374 P.o.8. POINT OF BEGINNING I PG. 1653 96-0070802 ZONED: SF-10/24 0'L13 S48'02',2"E 20.9T A-20X 7,015 0.161 C-20X 234,100 5.374 � A-21X 101,807 2.337 C-21X 64,809 1.488 IPF IRON PIPE FOUND -0 e-1 13s27 0.317 C-22X 6s92 0.158 I IBEING 31.414 ACRES OUT OF THE u B-2 10,000 0.230 IRE IRON ROD FOUND FRANCISCO DE LA PINA SURVEY, to B-3 10,000 o.z3o U.E. UTILITY EASEMENT w CURVE TABLE B-4 10,000 0.230 I I I ABSTRACT NO. 688 0 NO. DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD B-5 10,000 0.230 S.S.E. SANITARY SEWER EASEMENT I = CITY OF WYLIE x 2 18'38'58" 900.00' ,91.82'294 66.51'47.78 N10' 602"EW 191,65' B-6 10,000 0.230 R.o.W. RIGHT-OF-WAY rn c2 18'38'58 900.00' 292.94' 147J8' N,1'06'02"W 2s,ss' B-7 10,000 0.230 I COLLIN COUNTY COUNTY, TEXAS 3 c3 31'07'44" 500.00' 271.65' 139.27' S17'20'25"E 268.32' D.L. BUILDING LINE j C4 30'32'19" 370.00' 197.21' ,01.01' N17'38'08"W 194.88' _ 8-8 10,000 0.230 C5 23'41'58" , 300.00' 124.09' 62.94' N75-49'32"E 123.21' B-9 10,000 0.230 re) C6 89'35'20" 40.00' 62.54' 39.71' S47T79'39"E 56.37' B-10 10,000 0.230 I 59 RESIDENTIAL LOTS, 2 OPEN SPACE LOTS w B-11 10,000 0.230 I AND 4 COMMON AREA LOTS o B-12 11,875 0.273 8-13 11,875 0.273 I OWNER DEVELOPER4-4 6-14 10,000 0.230 D.R. HORTON-TEXAS, LTD. 4306 Miller Rood, Suite A (214) 607-4244 'o B-16 10,000 o.z3o II Rowlett, Texas 75088 a B-1 10,000 0.230 B-17 10,000 0.230 B-18 10,000 0.230 I I B-19 10,000 0.230 I JBI PARTNERS, INC. ENGINEER B-20 10,000 0.230 I 16301 Quorum Drive, Suite 200 B (972)248-7676 a B-21 10,000 0.230 ------ Addison, Texas 75001 .3 B-22 24,223 0.556 KREYMER LANE 18PE No. F-438 TBPLS No. 10078000 0 cks (VARIABLE WIDTH R.O.W.) BEATRIZ CHAVEZ DOC. No. 20090210000137050 DECEMBER 22, 2014 Sheet 1 of 2 Wylie City Council t �g .�.w fi AGENDA REPORT Meeting Date: February 10, 2015 Item Number: C Department: Police (City Secretary's Use Only) Prepared By: Lt Henderson Account Code: Date Prepared: February 2, 2015 Budgeted Amount: Report by Dr. Alex Del. Exhibits: Carmen Subject Review, and place on file, the 2014 Wylie Police Department Annual Traffic Contact Report. Recommendation A motion to place on file, the 2014 Wylie Police Department Annual Traffic Contact Report Discussion Texas Senate Bill (SB 1074) requires Police Departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later than March of the following year. The 2014 Wylie Police Department Annual Traffic Contact Report meets all requirements of SB 1074. (Rev 01/2014) Page 1 of 1. 1 xM a A \ \ t t11;44t ‘14‘,. \‘'''' A At t.1/4\ ii: i; ,:::::71747, j_ I- -:--E__-_,-F 1 I i =..jklaritia. -. 1 ‘k\„' , *\‘‘, li 1\I 1 .-., ir \I ' : , , _ L. --. 4:,_ _Nzr --..:4 '0:‘ \ VIA '.,,.\.\* i_i `yam- � � ‘ k t. � � a. , � _ s \ p klIkAvt, , 'x a 1.1 i: ' , It'‘ TvAi : 1„ _ : — : ' A Ut,,.,:i..N, ,4,‘,..ik ,rr I.:\ ,,,,t „,,.,_\I, _ : —.= „. , = ,, , : , : , o_ 1 -ill ii Q.' --kk \tk,IA „ S� 0 ' ' -::---r-: 1 k li' klt, a ‘,Akl , _ „ , „ _ ,„ nY } r i i ! penirtg Sthteliteitt January 16,2015 Wylie City Council Wylie,Texas 76180 Dear:Distinguished:Menibers of the City Council, In 2001, the Texas Legislature,with the intent of addressing the issue of racial profiling in palieing,enacted the Texas Racial Profiling Law. Since,the Wyllie Police Department, in accordance with the law, has collected and reported traffic and motor vehicle-related contact data for the purpose of identifying and addressing:(if necessary) areas a concert regarding racial profiling practices. In ilte:2009 Texas legislative session,the Racial Profiling Law was modified and additional requirements are now in place.'£hese most recent requirements have been incorporated by the Wyllie Police Department and are also being addressed in this report. In this report, you will find three sections that contain information on traffic and motor vehicle-related contact data In addition,when appropriate,documentation is also a component of this report, aiming at demonstrating the manner in which the Wyllie: Police Department has complied with the'Iexas Racial Profiling Law. In section I, you will find the tahie of contents in addition to the Texas Senate Bill (SBI074) which later became the Texas:Racial Profiling Law. hi addition, you will find the Texas 1113 3389, winch in 2009,introduced new requirements:relevant to racial profiling. Also,in this section;a list of requirements relevant to the Racial Profiling Law as established by TC'OLE(Texas Commission on Law Enforcement)is included. In addition, you will find,in sections 2 and 3 documentation, which demonstrates compliance by the Wyllie Police:Department relevant to the requirements as established in the Texas Racial Profiling Law. That is,you will find documents relevant to the implementation of an institutional policy banning racial profiling, the incorporation of racial profiling complaint process and the training administered to all law enforcement personnel. The last section of this report provides statistical data relevant to contacts,made during the course of motor vehicle stops, between 1/1/14 and 12/31/14.rIn addition,:this section contains the TCOLE Tier form,which is required to be submitted to this particular organization by March I of each year. The data in this report has been analyzed and compared to data derived from the U.S. Census Bureau's Fair Roads Standard. The final analysis and'recommendations are also included in this report. The finings in this report serve as evidence of the Wyllie Police Department's commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen,Ph.D. DeI Carmen Consulting, LLC Table of Contents Table of Contents (1) Introduction a) Opening Statement b) Table of Contents c) TCOLE Guidelines d) The.Texas Law on Racial Profiling(S,B. 1074) e) The Most Recent legal Requirements(FI.Bi 3389) (II) Responding to the Texas Racial Profiling Law a) Institutional Policy on Racial Profiling b) Educational Campaign Relevant to the Complaint Process Addressing Allegations of Racial Profiling Practices c) Racial Profiling Training of Law Enforcement Personnel d) Report on Complaints Piled Against Officers for Violating the Racial Profiling Law(includes outeome of investigation) e) Police Contact Information Table(2014)/Known Ettin Cl y and Race of Detained and TC.OLE Tier I Form ) Table Depicting Baseline Comparison(2014) Thirteen-Year Data Assessment (02-14) h) Analysis and Interpretation of Data(2014) (III) Summary a) Checklist b) Contact Information TC 4F t Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of.the 77`h Legislature established requirement in the Texas Code of Criminal Procedure(ICCP) for law enforcement agencies: The Commission.developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using astyle developed from accreditation organizations including the Coiiinussion on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency;will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut require meat;)or multiple requirements, on an agency. The commentary supports the standard statement but is:not binding.:The commentary can serve as a prompt,as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard, Standard 1 Each law enforcement agency has a detailed written directive that • -'clearly defines acts that constitute racial profiling; • stnctly prohibits peace officers employed by the agency from engaging in racial profiling • implements.a process by:which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint • provides forpublic education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed byythe agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling pokey; and • equires the collection of certain types of data for subsequent repotting_ Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling,and article 2,132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an"agency of the state,or ofa minty,municipality,or other political subdivision of the state,that employs peace officers who make traffic stops.in the routine perfo manoe of the officers'official duties."': The article further defines race or ethnicity as being of``a particular descent,including Caucasian, Aflrcan,Elispanic:Asian;or Native Ainenean" The statute does not limit the required policies to just these ethnic groups. - - This written policy is to be adopted and implemented no later than January 1,2002. 1 Standard 2 Each peace officer who stops a:motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop,to include: • a physical description of each person detained, including gender and the person's race or ethnicity,as stated by the person, or, if the:person does not state a race or ethnicity, as determined;by the officer's best judgiient; • the traffic law or ordinance alleged to have been violated or rite suspected offense; * whether the officer conducted a search as a result of the stop and, if so, whither the person stopped consented to the search; • whether any contraband was discovered in the course of the search,and the type of contraband discovered, • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether theofficer made an arrest as a result of the stop or the search including a statement of the offense charged; * .the street address or approximate location of the stop;and • whether the officer issued a warning or citation as a result of the stop, including a description'of the warning or a statement of the violation charged. Commentary The in£oimatwn required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2 134. A peace officer and an agency may be exentpted from this teguhement under Article 2.135 ICCP Exemption for Agencies tieing Video and Audio Equipment An agency may be exempt from this reporting requirement:by applying for tite funds from the Department of Public Safety for video and audto equipment and the State does not supply those bands. Section 2.135(a)(2)states,`the govemmg body of the county or municipality served by the law enforcement agency„in conjunction with the law enforcement agency,certifies to the Department of Public Safety,not later than the date specified by rule by the department,that the lain enforcement:agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(I)(A)and the agency does not receive from the state funds for video and audio equipment sufficient,as determined by the department,for the agency to accomplish that purpose,". Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. Commentary Satiate Bill 1074 from the 77's Session of the Texas Legislature created requirements for law enforcement agencies to gather specific all-brine/ion and to report d to each county or municipality served. New sections of taw were added to the Code ofCriminal Procedure regarding the reporting of traffic and pedestrian stops. Detamed is:defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the ageneg to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than march I of each year and cover's the previous calendar year. There is data collection and reporting required based out Article 2,132 CCP pier one)and Article 2.133 CCP(rim two). The minimum requirements for"tier one data for traffic stops in which a citation results are I) .the race or ethnicity of individual detained(race and ethnicity as defined by die bill mews of"a particular descent,including Caucasian.African,Plispanio,Asian,or NativeAmerican'); 2) whether a search was conducted,and if there was a search,whether it was a consent search or a probable cause search:and 3) .whether her was a custody arrest, The minimum requirements for reporting on"tier two"reports include traffic and pedestrian stops Ter two data include: I) :the detained person's gender and race or ethnicity, 2) the type of lain violation suspected,e.g.,hazardous tcafTo,non-hazardous traffic,or other Criminal investigation(the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-ham dons); 3) whether a search was conducted,and if so whether it was based on consent or probable cause, 4) facts supporting probable cause, 5) the type,if any;of contraband that was collected; 6) ;disposition of the stop,e.g.,wrest,ticket,warning,or release; 7) ,location of stop;and 8) .statement of the charge,e.g.,felony,misdemeanor,or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency.an annual report of information if the agency is an agency of a county,municipality,or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March I for the previous calendar year beginning March I,2003. Tier two reports include acomparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the dispositon of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling An agency may be exempt from the tier two reporting:.. iequrrament by applying for the funds from the Department of Public Safety for video and audio equipment mid the State does not supply those hinds[see 2.135.(a)(2)TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting die data involving percentages because of statistical distortions caused by:very small numbers in any particular category,for example;if only one American Indian is stopped and searched,that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case,a 100%search rate would be skewed data when compared to a 50° rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops or audio capabilities on motorcycles regularly used to make traffic stops,the agency: • adopts standards for reviewing and retaining audio and video documentation;and • promptly provides a copy of the recording to a peace officer wlto is the subject of a comptaint on written request by the officer, Commentary The agency should have specific review and retention policy, Article 2.132 ICCP specifically requires that the peace officer be promptly provided with a copyofthe aunt()or video recordings if the officer is the subject of a complaint and the officer makes a written tequest. i Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None' Standard 6 Agencies that have video and audio recording capabilities are exempt farm the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that • the equipment was in place and used during the proceeding calendar year,and r video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year: Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the compialot is resolved. Peace officers are not exempt from the requirements wider Article 2.132 TCCP. Standard 7 Agencies have citation forms or other electronic media that comply with Section 54:3.202 of theTransportatioti Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include. • 'race or ethnicity,and • ::whether a search of the vehicle was conducted and whether consent for the search was obtained, The Texas Law on RacialProfiling S.B.No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS. SECTION 1, Chapter 2, Code of Criminal Procedure,is amended by adding Articles 2.131 through 2.138 to read as follows: Art.2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: II) "l.aw:enforcementagency" means an agency of the state,or of a county.municipality,or other political subdivision of the state,that employs peace officers who make traffic stops in the routine performance of the officers' official duties, (2) "Race or ethnicity means of a particular descent including Caucasian African,Hispanic,Asian or Native American descent. fb) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling 'Ethc policy must (1) clearly define acts constituting racial profiling- (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial mottling with respect to the individual (4) provide public education relating to the agency's complaint process: (5) require appropriate corrective action to be taken against a peace officer employed by the agency who,after an investigation, is shown to have engaged in racial profiling;in violation of the agency's policy adopted under this article` (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops including information relating to: (A) the race or ethnicity of the individual detained; and (8) whether a search was conducted and, if so,whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or nuticipality served by the agency an annual report of the information collected under Subdivision(6) if the agency is an agency of a county. municipality,or other political subdivision of the state. fe) The data collected as a result of the repotting requirements of this article shall not constitute prima faem evidence of racial profiling. (d) On adoption of a policy under Subsection(b), a law enforcement ageneV shall examine the feasibility of installin video camera and transmitter-activated egmpment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each ageney law enforcement motorcycle regularly used to make trade stops. if a law enforceinent agency installs video or audio equipment as provided by tins subsection„ the policy I adopted by the agency under Subsection(b):must include standards for reviewing video and audio documentation. (c) A reportreoaired under Subsection(bf(?)may not include identifying information about apeace officer:who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. 'Phis subsection does not affect the collection of information as required by a policy under Subsection(b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection(b)(3)in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the camplaim on written request:by the officer. Art.2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assi ed b Article:2.132(a) (2) 'Pedestrian stop"means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) Ai taeace officer who stops amotor vehicle for an alleged violation of a law r)r ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relattneto the stop.including: (17 a phvsicah description of each person deained as a result of the mop,:including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the pet on's race or ethnicity,as determined by the officer to the best of the officer ability. 12) the traffic law or ordinance alleged to have been violated or the suspected offense (3) whether the officer conducted a search as aresult of the stop and, if so,whether the pemon detained consented to the search.. (4) whether any contraband was discovered in the course of the search and the type of contraband discovered' (S) whether probable cause to search existed and the facts supporting the existence of that probable cause: (6) whether the officer made an arrest as a result of the stop or the search,including a statement of the offense charged. (7) the street address or approximate location of the stop., and (8) whether the officer issued a warning or a citation as a result of the stop,including a description of the warning or a statement of the violation charged: Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.: (a) In this article,. '"pedestrian stop"means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. jb) A:law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year,each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or niunicioality served by the aeenci in a manner approved by the agency. (c) A report required under Subsection(b)must include: (I) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiline by peace officers eni to ed b the aeencv and 0 3) examine the disposition of traffic and pedestrian stops made by officers employed by the agency„including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleeingthat a peace officer empved by the a ene has en a ed in racial profiling. (d} A report required under Subsection(b>may not include identifying information about a peace officer o✓ho makes a traffic or pedestrian stop or about an individual:who is stopped or arrested,by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). je) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (t) The data collected as a result of the reporting requirements of this'articie shall not constitute prima facie evidence of racial profiling. Art.2.135. EXEM31TION FOR AGE-NCIES USING VIDEO AND AUDIO EQLIPMENT. (a). A peace officer is exempt from the reporting requirement under Article 2.133 and a lavti-enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if:: f 11 during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and 113) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment,as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency certifies to the Department of Public Safety, not later than the date specified by rule by the department,that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that ula pt ose (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain, the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop If a complaint is filed with the law enforcement a ency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. lc') This article does not affect the collection or reporting requirements under Article 2.132 Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Ankle 1132, Art.2.137, PROVISION OF FUNDING NDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to flaw enforcement agencies for the purpose of install"mg video and audio equipment as described by Article 2.135(a)(1)(A),including specifying criteria to prioritize funding or equipment provided to law enforcement agencies, The criteria may include consideration of tax effort,financial hardship, available revenue, and budget. surpluses. The criteria must give priority to: {1} law enforcement agencies that employ peace ofleets whose primary duty is traffic enforcement I") smaller jurisdictions:and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of hi he ducation to identify law.enforcement agencies that need funds or video and audio eauipment for the pumose of installing video and audio equipment as described by Article2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as desctbed by Article 2.135(a)(1)(A),the governing body of a comity or municipality,in conjunction with the law enforcement agency serving the county or municipality,shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that neupose {d} On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(6)(1)(A), the governing body of a comity or municipality,in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(I)(A) and is using the equipment as required by Article:2.I35(a)(l).:.. Art.2138, RULES, The Department of Public Safety may adopt rules to implement Articles 2 131-2 137 SECT ION 2. Chapter 3, Code of Criminal Procedure,is '. amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race ethnicity,or national origin rather than on theindividual's behavior or on information identitying the individual as having engaged in criminal activity. SECTION 3. Section 96.641,Education Code, is amended by adding Subsection(i)to read as follows: (I) As part of the initial training and continuing education for police chiefs required under this section,the institute shall establish a program on racial profiling. The program must include an examination of the best practices for (1) monitoring peace officers`compliance with laws and internal agency policies relating to racial profiling' 12) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4, Section 1701 253 Occupations Code, is amended by adding Subsection(e)to read as follows: Ie) As part of the minimum curriculum requirements,the. commission shall establish a statewide com rehensttve education and trainingpro@warn on racial profiting for officers licensed under this chapter. An officer shall colts lete a program established:under this subsection not later than the second annistersary of the date the officer is licensed undertltis chapter or the date the officer applies for an intermediate proficiency certificate,whichever date is canter. SEC7TION 5. Section 1701.402 Occupations Code,is amended by adding Subsection (d)to read as follows: (d) As a requirement for an intermediate proficienev certificate,an officer must complete an education and training program on racial profiling established by the conunisston under Section 1'701.253(e). SECTION 6, Section 543,202,1`ransportation Code, is amended to read as follows: Sec. 543,202. FORM OF RECORD. (a) In this section, "'race or ethnicity"' means of particular descent, including Caneasian, African, Hispanic Asian,or Native American descent. (b) The record must be ntade on form or by data processing method acceptable to the department and must include: (1) the name, address,physical description including race or ethnicity,date of birth,and driver's license number of the person:charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor: vehicle as defined by Chapter 522orwas involved it transporting hazardous materials; (4) the persons social security ammber,if the person was operating a commercial motor vehick or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense,including; whether the offense was a serious traffic violation as defined by Chapter 522; (6) wthether a search of the vehicle was coudueted and whether consent for the search was obtained t 7) the plea,the judgment, and whether hail was: forfeited; . ... (8) [(7)] the date of conviction; and (9) [f )1 the amount of the fine or forfeiture. SECTION 7. Not later than January 1,2002,'a law enforcement agency shall adopt andunplement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local Iaw enforcement agency shall first submit,information to the governing body of each county or municipality served by the agency as required by:Article 2,132, Code of Criminal Procedure, as added by this Act, on March 1,2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1,2002 and ending December 31,2002 SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or:municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1,2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1,2003,and ending December 31,2003. SECTION 9, Not later than January 1, 2002: (I) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection(e), Section 1701,253, Occupations Code,as added by this Act;and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish program on racial profiling as required by Subsection(j),Section 96.641,Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on I,aw Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection(e),Section 1701.253, Occupations Code, as added by this Act,not later than September 1,2003. SECTION 11, An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection(j),Section 96.64L Education Code,as added by this Act, not later than September 1,2003. SECTION 12. This Act takes effect September I, 2001. President of the Senate Speaker of the House 1 hereby certify that S.S.No. 1074 passed the Senate on April 4, 2001,by the following vote: Yeas 28,Nays 2; May 21, 2001,Senate refused to concur in House amendments and requested appointment of Conference Committee;- May 22,2001, House granted request of the Senate,. May 24,2001, Senate adopted Conference Committee Report by a viva-vont vote. Secretary of the Senate C that S.B.No. 1074 passed the House,with he eby ce fy amendments, on May 15. 2001, by anon-record vote;May:22,2001, House graanted request of the Senate for appointment of Conference Committee;May 24,2001, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House Approved: Date Governor Most Recent Legal (H.B. 3389) Amend CSHB 3389 :(senate committee report) as follows: (1) Strike the following SECTIONS of the bill: (A) SECTION 8, adding Section 1701,164, Occupations Code ;(page 4, lines 61 66) 1 (B) SECTION 24, amending Article 2.132 (b):; Code of Criminal Procedure (page 8, lines 14-53) ; (C) SECTION 25, amending Article 2.134(b) code of Criminal Procedure (page 8 lines 54-64) ; (D) SECTION 28, providing transition language for the amendments to Articles 2.132 (b) and 2.134(b) , Code of Criminal Procedure (page 53, lines 40247) . (2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly: SECTION Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (a) , (b) , (d), and (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Law enforcement:agency' means an agency of the state,.:or of a county, municipality, or other political subdivision':' of the state, that employs.peace officers who make motor vehicle Chraffke7 stops in the routine performance of the officers' official duties:' (2) "Motor„vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation Of a law or ordinance: (3) 'Race or ethnicity' means of a particular descent, including Caucasian, African, Hispanic, Asian, [or) Native American, or Middle Eastern.descent. : (b) Each law enforcement agency in this state shall adopt a detailed written policy on :racial profiling.....The policy must: (1) clearly. define acts constituting racial profiling; (2) strictly prohibit:.peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a:complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial.. profiling with respect to .the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed lay the agency :who, after an investigation, is: shown to .have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require. collection of information relating to motor vehicle (truffle' stops in which a citation is issued and to arrests made asa result of.: [resultiog frem) those ( `-`___) stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) :whether a search was conducted and, if so, whether: the individual (peeeeo) detained consented to the search; and (C) whether the peace officer knew the race .or ethnicity of the individual detained:before detaining that _._ itidiv3dual, and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit [to �s'-e s—«`- '�=Gy] an annual report of the information collected under Subdivision (6) to : (A)2 the Commission on Law Enforcement Officer Standards and Education, and (Si the governing body of each county or municipality served by the :agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b) ,:i a law enforcement agency shall examine the feasibility of installing video camera and:transmitter activated equipment in each agency law .: enforcement motor vehicle regularly used to make motor vehicle [m= F=-'-e] stops and transmitter activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle ®_ [traffioi stops: If a law enforcement agency installs video or audio equipment as provided by this subsection,: the policy adopted by the.agency :under Subsection (b) must include standards for reviewing video and audio:documentation. (e) A report required under Subsection (b) (7) may not include identifying information about a peace officer who makes a motor 'vehicle (tcaffi..) stop or about an individual who is stopped or arrested by a peace officer. This subsection does not:affect the collection of information as required.by a policy under Subsection [16) (6) . (g)_ On a: finding b_y' the Commission on Law Enforcement Officer Standards. and Education that:.the chief administrator of a law.enforcement agency intenCionally_failed to submit a report required under Subsection -(b) (7) , the commission shall begin disci Binary procedures against the chief administrator. : _.._ i SECTION . . Article 2.133, Codn of Criminal Procedure, is amended to read as follows;: Art. 2,133. REPORTS REQUIRED 'FOR MOTOR VEHICLE [TRArric AND *1 STOPS. (a) In this article, "racef> [(1) „R .,..] or ethnicity, has the meaning :assigned by Article 2.132 (a) . purpose of e i+imia—*eveeflgaEion in which the &hdrama...:i ._ _e linker"arrest.] (b) A peace offices who stops a motor vehicle for,an alleged violation of a law or ordinance [stellate—kiss traffic or wke-shape—a rod tot .rt —,.::,p-..a sated offense] shall report to the lam, enforcement agency that employs the officer information relating to the stop, including; (1) a physical description of ariY [each] person operating the motor vehicle who is detained as :a: result of the stop including: (A) the person's gender, and (B) the persons race or:.ethnicity, as stated by the person or, if the person does not state the persons race or. . ethnicity, as determined by the officer to the best of the officer's. ability; (2) the initial reason for the stop [traffic law or: erdiiianec all -cd to 1 eh been eaalated er thcauopect.... ^'-awe] ; .. (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the scarce and a description (-the-type] of the contraband or evidence [atoceveed] ; )(5) the reason for the search, including;whether: (A) any contraband or other evidence was in. Main. view; (S) any probable cause or reasonable suspicion existed to perform the search; or (C). the search was performed as aresult of the motor vowing of the motor vehicle or the arrest of any person in the motor vehicle Cow• . ] (6) whether the officer made an arrest as a result of the stop or the search, including astatement of whether the arrest: ._® was based on a violation of the Penal Code, avialation :of a traffic .__ and law or ordinance, or an outstanding :warrant and a statement off the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or.:a citation as a result of the stop[, '^ -� warning or a statement of 'the-f",.la€l ..i-w1R veil] . SECTION - Article 2.134,- Code of a Criminal Procedure, is amended by amending Subsections (a) through (e). and adding Subsection (g) to read as follows: (a) In this article: (1) "Motor:.vehiclet,. ,4-z,a-za;,] stop" has the meaning asssgned:by_Article 2.132 (a) ] (means an i • _.. ained f-eneinne purpose of a criminal i-nvr''t- j- .;en in w (2) "Race or ethnicity has the meaning assigned by Article 2 132 (a) . (b) A law enforcement agency shall compile and analyze the information contained in each report.:received by the agency under Article 2,133. Not later than March I of each year, each [neeal] law enforcement agency shall submit a report containing the incident-based data [*efeemabeaj compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and if the law enforcement agency is a local;law enforcement agency, to the gave nn body of each county or municipality served by the agency. [an-a -manner approRka-my Lk.. (c) A report required under Subsection. (b) must be submitted by the: chief administrator:of the law enforcement agencyi.... ointed of whether the administrator is elected, ampl ed, or app a oxnted, andirius it nclude. (1) a comparative analysis of the information compiled under Article 2.133 to: . (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized aS racial or ethnic minerities and persons who are op not recognize d as racial oruthnic minorities [determine the agency) ; and (B) examine the disposition of motor vehicle [tgaffic and pediii.iaa] stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from [the) stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer emPlOYed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle [ta destrian) stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2,133(b) (1) . [e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701-162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (q) On a findingsny the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforCement agencyintentionally failed to submit a report required under subsection (b) , the commission shall begin discIplinary procedures against the chief administrator, SECTION . Article 2.135, Code of Criminal Procedure, is amended to read as follows: Art, 2.13s, PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. [a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted; (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle [traffic and pedestrian] stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make motor vehicle fteaffie and Pedeseniael stops is equipped with transmitter_activated equipment,. and (8) each motor vehicle [ ' hsasel stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing vide() and audio equipment as described by Subsection (a) (1) (A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle [traffic and pedestrian] stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle aal] stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132, (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a)_ SECTION Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to read as follows; Art. 2.1385, CIVIL PENALTY, (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2,134, the agency__s liable to the state for a civil penalty_in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection, (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by_Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the ,general revenue fund. SECTION Subchapter A, Chapter 102, code of Criminal Procedure, is amended by adding Article 102,022 to read as follows; Art, 102.022_ COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article, "moving violation" means an offense that: (1) involves the operation of a motor vehicle; and (2) is classified as amoving violation by the Department of Public Safety under Section 708.052, Tranapartation Code. (b) A defendant convicted of a moving_violation in a justice court, county court, county court at law, or municipal court shall pay_a fee of 10 cents as a cost of court. (c) In this article, a person is considered convicted if: (I) a sentence is imposed on the person; (2) the person receives community_supervision, including deferred adjudication; or (3) the court defers final disposition of the persons case. (d) The clerks of the respective courts shall collect the costs described by this article. The clerk shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county or municipal , as F treasury, appropriate, (e) The custodian of a county or municipal treasury shall: (1) keep records of the amount of funds on deposit . collected under this article, .and (2) send lto the comptroller before the last day of the first month following each_ calendar:;quarter_the funds collected under under this article during the recedin g.A� preceding quarter, (f) A county or municipality may retain 10 percent of the funds collected under this article by an officer of the county or municipality as:a collection fee if the: custodian of the county or municipal treasury complies with Subsection (e) , (pc ) If no funds due as costs under this article are deposited in a county or municipal treasury in a calendar quarter, the custodian of the treasury shall :file the rep rt rewired for the pi quarter in the 'regular manner and must state that no funds were collected. --------- (II) The comptroller shall deposit the :funds received under this article to the credit.:of the Civil Justice Data Repository fund in the general revenue fund, to be used only by the Commission onpp Law Enforcement.:Officer Standards and Education to implement duties: under Section 1701.162, ."Occupations_Code, (1) Funds collected under this article:are subyeet to audit pi the comptroller,SECTION (a) Section 102,061, Government Code, as reenacted and amended by Chapter 921 (D.s. 3167) , Acts Of the 80th Legislature, Regular Session, 2007, is amended.:to confor21:.to the amendments made to Section 102,061, Government Code, by Chapter 1053 (H.B. 2151) , Acts of the 80th Legislature, Regular Session, 2.007, :and is further amended to read::as follows. Sec, 102,061, ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs under:.the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art.:.102.004, Code of Criminal Procedure) • $20; (2) a fee for services of the clerk of the court (Art, 102.005, Code of"Criminal Procedure).: $80;. (3) a records management and preservation services fee (Art. 102.005, Code of. Criminal Procedure) . $25; (4) a security fee on a misdemeanor offense (Art, 102.017, Code of Criminal Procedure). $3; (S) a juvenile delinquency revention and graffiti eradication fee (Art. 3.02.0121, Code of Criminal Procedure) . $SO -(SSig toad) . (6) a juvenile case manager fee (Art, 102. 0174, Code of Criminal Procedure) not to.exceed $5;."and (7) a civil justice fee (Art, 1.02.022, Code of Criminal procedure) . . $0.10, (b) Section 102.061, Government Code, as amended by Chapter: 1053 (H.R. 2151).,: Acts of the 80th Legislature, Regular Session, 2001, is repealed. Section 102.0C;1, GovernmentCode, as reenacted and amended by Chapter 921 .:(H,E, 3167)., Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section, SECTION (a) Section 102.081, Government Code, as amended by Chapter 921 (H,B; 3167) , Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to:the amendments made to Section 102 081, Government Code, by Chapter 1053 (H,B. 2151) , Acts.of the 80th Legislature, Regular Session, 2007, and is further amended to read: as follows: Sec 102,081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT; CODE OP CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art: 102,004, 'Code of Criminal Procedure) . $20; (2) a fee for clerk of the court services (Art. 102.005, -Code of Criminal Procedure). $40 (3) a records management and preservation services fee (Art:. 102.005, :Code of Criminal Procedure) . $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure)' . . $3; . (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102,0171, Code of Criminal Procedure) . . sus [ssi , [sown (6) a juvenile case manager fee (Art, 102.0174, Code of Criminal Procedure) not to .exceed $5;..and i7) a civil justice fee (Art. 102.022, Cod of Criminal Procedure) . . . (:$0,10. '-` (b) Section 102.091, Government Code, as amended:by Chapter 1053 : (H.B, 2151) , Acts of the 80th Legislature,:: Regular Session, 2007, is repealed. Section 102.081, "Government Code, as amended by, Chapter 921 (Hula. 3167) , Acts of the 80th Legislature,..Regular Session, 2007, to reorganise and renumber that section, continues in effect as further amended by this:`section. SECTION:: Section 102.101, Government Code, is amended to read as follows: Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A :clerk of a justice court shall collect fees and costs tinder the Code of Criminal Procedure on conviction of a defendant as follows. (1) a jury fee (Art. :102.004, Code of Criminal Procedure) $3; (2) a fee for withdrawing request for jury less than 24 hours ,before time of trial::(Art, 102004, Code of .Criminal Procedure) . $3; (3) a jury fee for two or more defendants:tried jointly (Art.::102.004, Code of Criminal Procedure) . . .(. one jury;.fee of $3; (4) a security fee on a misdemeanor offense (Art. 102,017, Code of .Criminal Procedure) ea,: (5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal Procedure) , ...::. $4; (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) not to exceed $51: (7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored check (Art. 102.0071, Code of Criminal Procedure). . not to exceedi$30; [aid]: (8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3 million or more, if:authorized: by the county Commissioners:court (Art. 102.009, Code of Criminal Procedure) not to exceed $7; and (9) a civi Sciustice fee___ 102.022, Code of Criminal Procedure} r '— --- SECTION.' , Section 102.121, Government Code, is amended to read as follows: Sec. 102_121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF: CRIMINAL PROCEDURE. The clerk of a municipal court:shall collect fees "and costs on Conviction of a defendant as follows: (1) a jury fee (Art. 102,004, Code of Criminal Procedure) $3; (2) a fee for withdrawing request for jury less than 24 hours before time of. trial (Art.. .102.004,. .Code of-Criminal Procedure) . r. :. $3: (3) a jury fee for two or more defendants tried jointly (Art'.. 102.004, .Code of Criminal Procedure) , one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102,017, Code of Criminal Procedure)( . $3; (5) a fee for technology fund on a misdemeanor offense (Art 102.0172, Code of Criminal Procedure) . I, . not to exceed $4.; (and) (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) not to exceed $5; and (4) a civil justice :Lee (Art. 1102.022, Code of Criminal Procedure) SECTION , Subchapter D, Chapter 1701, Occupations Code,. is amended by adding Section 1401,164 to read as follows:, Sec. 1701,164. COLLECTION OF CERTAIN INCIDENT-EGGED DATA SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall ..®. submitted collect and maintain incident-based data submitted to the commission under Article 2,134, Code of Criminal Procedure, including incident based data compiled by a law enforcement agency from :seports received by the law enforcement agency under Article 2,133of that:code. The :commission in consultation with the Department of Public Safety, the Sill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr. , Police Institute at Dallas, and the Texas Police Chiefs Association shall develop guidelines for submitttin in a standard: format the report coofnCriminalLProaedurbased)data as required Article 2,7,34, Code � edure.. SECTION Subsection (a), Section 1701.501, Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (d) , the commission shall :revoke or :suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of (1) this chapter; (2) the reporting requirements _ and 2,134, of provided by Articles.: 2,132 ; Code Criminal Procedure; or - .—_-_ u (3) a commission Ylti,E. SECTION (a) The requirements of Articles 2.132, 2.133,: and 2,134, Code of Criminal Procedure, as amended by this Act,..relating to the compilation, analysis, and submission of incident-based data apply only to information based on a motor vehicle stop occurring on or after January 1, 2010; (b) The cimposition of a cost of court tinder Article 102.022, Code of Criminal Procedure; as added by this Act, applies::only to an'. offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is: covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this: section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. II f es $ on 0 o i .. Institutional licy on cia Profiling L WYLIE POLICE DEPARTMENT POLICY SUBJECT: Racial Profiling NUMBER: 6I4 EFFECTIVE DATE: January I,2010 RELATED STANDARDS:Current policy remains in effect til January 1,2010 REVIEW DATE: U4:,,,y i3 APPROVED: John Duscio DATED: 04/25/2013 PURPOSE The purpose of this policy is to reaffirm the Wylie Police Department's commitment to unbiased policing in all its encounters between officers and nay person; to reinforce procedures that service to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of department policy and the law, II. POLICY It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of the law, Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race ethnicity or national origin. Officers are strictly prohibited from engaging in racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas Constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must respected. Racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person III. DEFINITIONS Racial Profiling: a law enforcement9initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Racial profiling Racial Profiling-Page 2 of 5 pertains to persons who are viewed as suspects or potential suspects of criminal behavior, The term is not relevant as it pertains to witnesses,complaints or other citizen contacts, The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person's activities simply because of that individual's race, ethnicity or national origins is racial profiling. Examples of racial profiling include but are not limited to the following. • Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race,ethnicity or national origin, • Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle, • Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. A taw enforcement agency can derive two principles from the adoption of this definition of racial profiling: • Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect. • Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search Racial profiling is not relevant as it pertains to witnesses,etc. Race or ethnicity: Of a particular descent, including Caucasian, African, Hispanic, Asian, Native American or Middle Eastern descent. Motor vehicle stop: means an °erasion in which a peace officer stop a motor vehicle for an alleged violation of a law or ordinance- IV TILIINING A. Officers are responsible to adhere to all Texas Commission of Law Enforcement Officer Standards and Education (TCLEOSE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. B. All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier, A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at least two years, shall complete a TCLEOSE training and education program on racial profiling not later than September 1,2001 C. The Chief of Police, as part of the initial training and continued education for such appointment, will be requited to attend the f.FMIT program on racial profiling. Racial Profiling-Page 3 of 5 D. As individual appointed as a police chief before the effective date of this Act shall complete the program on racial profiling established under Subsection(j), Section 96.641,Education Code, as added by this Act, not later than September I, 2003. V. COMPLAINT INVESTIGATION A. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial,ethnic or national origin profiling. B. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint C. Any person who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channels or direct the individual(s). any employee contacted shall provide to that person instructions on the complaint process and will report any allegation of racial profiling to their superior before the end of shift. D. investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable time period. The investigation shall be reduced to writing and any reviewer's comments or conclusions shall be filed with the Chief. When applicable, findings and or suggestions for disciplinary action, retaining or changes in policy shall be filed with the Chief E. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination. F. If there is a department video or audio recording the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and written request by the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer VI. PUBLIC EDUCATION This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service or civic presentations, the Internet, as well as governing hoard meetings. Additionally, information will be make available as appropriate in languages other than English. VII. DATA COLLECTION AND REPORTING A. An officer is required to collect information relating to motor vehicle stops in which a citation is issued or an arrest is made as a result of those stops. On the citation officers must include: The race or ethnicity of the individual detained; as stated by the person or, if the person does not state the person's race or ethnicity,as determined by the officer to the best of the officer's ability; 2. The initial reason for the slop; 3. Whether a search was conducted; Racial Profiling- Page 4 of S 4. The reason for the search, including nay probable cause or reasonable suspicion that existed to perform the search; 5. If a search was conducted, whether the person detained consented to the search; 6. Whether contraband or other evidence was found in plain view; 7, Whether the search was a result of the towing of the motor vehicle or the arrest.of any person in the motor vehicle; g. if an arrest occurred,was the arrest based on a violation of the Penal Code, traffic law,ordinance, or outstanding warrant; 9, Whether the person contacted is a resident or non-resident of the City of Wylie; If). Whether the peace officer knew the race or ethnicity of the individual detained before detaining the individual; and, I I. Whether the peace officer issued a written warning or a citation as a result of the stop. B. The information collected shall be complied in an annual report covering the period of January 1 through December 31 of each year, and shall be submitted to the governing body of the City of Wylie no later than March I of the following year, The report will include. 1. A breakdown of motor vehicle stops by race or ethnicity; 2. Number of citations that resulted in a search; 3. Number of searches that were consensual; 4, 'Number of citations that resulted in custodial arrest for this cited violation or any other violation; and 5, The number of complaints to the department that officers were racial profiling. C. The annual report shall not include identifying information about any individual stopped or arrested, and shall not include identifying information about any peace officer involved in a stop or arrest. VIII, USE OF VIDEO AND AUDIO EQUIPMENT A. Each motor vehicle regularly used by this department to make motor vehicle stops shall be equipped with a video camera and transmitter-activated equipment. B. Each motor vehicle stop made by an officer of this department that it capable of being recorded by video and audio,or audio as appropriate, shale be recorded. C. This department shall retain the video and audio tapes, or digital video and audio recording of each motor vehicle stop for at least ninety (90) days after the date of the stop, I a complaint is filed with this department alleging that one of our officers has engaged in racial profiling with respect to a motor vehicle stop, this department shall retain the video and audio tapes or digital video and audio recordings of the stop until final disposition of the complaint. D. Supervisors will ensure officers of this department are recording their motor vehicle stops. A recording of each officer will be reviewed at least once every ninety(90)days. I. If the equipment used to record audio and video of a motor vehicle stop is malfunctioning or otherwise not operable, officers will drive a vehicle Racial Profiling-Page 5 of 5 with operable equipment. Police units with malfunctioning or inoperable mobik video camera equipment shall'.not be utilized, under".normal circumstance.:'. 2. Supervisors shall have the authority to assign units with malfunctioning or inoperable mobile video equipment when situations dictate t r cess. r i t ` e isAddressingAddressing a ti s ei i r etes Interment'the Public on the Process of Filing a Racial Profiling Complaint with the Wells Police Department The Texas Racial Profiling Law requires that police agencies provide information to the public regarding the manner in which to file a racial profilingcompiaint, In an effort to comply with this particular component,the Wyllie Police Department Iawiched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area and on its web site, information relevant to filing a complaint on racial profiling violation by a Wyllie Police officer. It is believed that through these efforts,the community has been properly informed of the new policies and the complaint processes relevant to racial profiling. ' acial ProfilingTraining Racial Profiling Training Since 2002,all Wyllie Police officers have been instructed,as specified in the Texas Racial Profiling Law to adhere to all Texas Commission on Law Enforcement ('fCDLE)training and the Law Enforcement Management Institute of Texas(LEMII) requirements. To date,all sworn officers of the Wyllie Police Department have completed the TCOLB basic training on racial profiling.The main outline used to train the officers of Wyllie has been included in this report. It is important to recognize that the Chief of the Wyllie Police Department has also met the training requirements„as specified by the Texas Racial Profiling Law, in the completion of the I,EMIT program on racial profiling,The satisfactory completion of the racial profiling training by the sworn personnel of the Wyllie Police Department fulfills the training requirement as specified in the Education Code(96.641)of the Texas Racial Profiling Law, Racial Profiling Course Number 325E Texas Commission on Law Enforcement September 2001 Racial Profiling 3256 instmotor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses if this course is taught in conjunction with Asset Forfeiture you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry Abstract This instructor guide is designed to meet the educational requirement for racial. profiling established by legislative mandate: 77R-SB1074. Target Population, Licensed law enforcement personnel in Texas Prerequisites; Experience as a law enforcement officer Length of Course. A suggested instructional time of 4 hours Material Requirements. Overhead projector, chalkboard and/or hp charts, video tape player, handouts, practical exercises;and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this Instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL.The student will be able to identify the legal aspects of racial profiling. 1.1A LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial:profiling CCP 3.05 Racial:profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2132 Reports required for traffic and pedestrian stops CCP 2 133 Liability CCP 2.136 Racial profiling education for ponce chiefs Education Code 96.641 Training program Occupations Code 1701 263 Training required for intermediate certificate Occupations Code 1701 402 Definition of'race or ethnicity' for form Transportation Code 543.202 A. Written departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 8 Collection of traffic-stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint-related video evidence to officer in question F, Vehicle stop report 1. Physical description of detainees. gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6 Arrest 7. Warning or citation issued G. Compilation and analysis"of data H. Exemption from reporting- audio/video equipment i Officer non-liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) -see legislation 77R-S81074 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806 116 S Ct. 1789 (1996) 1. Motor vehicle search exemption 2.Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct 1868 (1968) 1 Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 SCt. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 Aid 82 (1998) 4. Pryor v. State, 122 MdApp: 671 (1997) cert. denied 352 Md. 312 721 A 2d 990 (1998) 5. Ferris v. State,:355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981) 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly—the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole C. Racial profiling is self-fulfilling bad logic_ if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers D, Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile— a racially-based stop today can throw suspicion on tomorrows legitimate stop E. By focusing on race, you would not only be harassing innocent citizens, out overlooking criminals of all races and backgrounds-it is a waste of law enforcement resources 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student wilt be able to identify the elements of both Inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to Identify elements of a racially motivated traffic stop. A Most race-based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB"—"Driving While Black"—a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside B. The driver is asked to consent to a vehicle search— if the driver refuses,the officers use other procedures(waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate the driver(with the threat of detaining him/her, obtaining a warrant,etc.) 3.1.2 LEARNING OBJECTVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity: A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2 Signs of long-term driving (driver is unshaven, has empty food containers„etc.) 3: Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was overreckless or over-cautious in driving and responding to signals 7..Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.) C. Pre-stop indicators 1. Not:consistentwith traffic flow 2 Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior(ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc: 2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc) Resources Proactive Field Stops Training Unit— Instructors Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A) Web address for legislation 77R-SS1074 hftp://tlo2.tic.state.tx us/tlo/77r/billtexttS801074F.htm Report on Complaints Report on Complaints The following table contains data regarding officers that have been the subject of a complaints during the time period of 111114-<l2/31/14, based on allegations outlining possible violations related to the Texas Racial Profiling Law, The final dispositioaof the case is also included. A check above indicates that the Wyllie Police Department has not received any complaints, on any members at its police force,for having violated the Texas Racial Profiling Law during the time period of 111/14---- 12/31/14. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Alleged Violation Disposition of the Case Nat Iv` 0c0Gr4 Itrar�«.t sen 'Pt% /t°rr1vurtr.Ieell 14 06q at^ial brie rj Yo.1 "Vol-:544 /ftrte"d Additional Comments: Tables Illtistratitig Traffic and Motor Vehicle-Related Contacts Tier 1 ata i (1) Tier 1 Data Motor Vehicle-Related Contact Information (1/1/14-12/31/141 Race/Ethnicity* Contacts Searches Consensual PC Searches 1—Custody Searches Arrests Caucasian 5,104 64 418 64 190 70 228 60 238 61 African 1,223 15 119 18 45 16 74 20 68 17 Hispanic 1,349 17 102 16 36 13 66 17 73 19 Asian 181 ( 2 9 1 2 .7 7 2 7 2 Native 0 00 00 0 0 0 0 0 American Middle Eastern 164 2 4 .6 0 0 4 1 6 2 Other 8 .09 0 0 0 0 0 0 0 0 Total 8,029 100 652 100 273 100 379 100 392 100 "N"represents"number"of traffic-related contacts *Race/EtImicity is defined by Senate Bill 1074 as being of a"panicalar descent,including Caucasian, African,Hispanic,Asian,Native American or Middle Eastern". **Figure has been rounded 4 Tier 1 Data (Motor Vehicle Contacts) 80 70 60 s0 it (Percent) 40 11 1M 30 20 90 1,1 0 rtr c. mfi trc*4C �X b ■ Motor Vehicle (Origin) Contacts r Tier I Data (Searches) g2 . ; 14O ° 1 1 \ \ 4 rtri E E \ <. . . . . (Freq.) g ! [ . / [ 60� � \ � d � ��} risi^r § 41 } `0 0 * 7 0 0 4 0 # © C f 0 e ,b. ■ Searches . 0Consent (Origin) ■ PC L flier I Data (Arrests) 70 60 60 40 (Percent) 30 . 20 10 0 ttr Qq a� yO toQr Arrests zm (Origin) Total Number of Instances where Officers Knew/did not Know Race/Ethnicity of Individuals Before Being Detained(1/1/14--12/31/14) Total Number of Total Number of Instances where OfficersInstances where Officers.. Knew Race and Ethnicity Did Not Know the Race of Individuals Before and Ethnicity of Being Detained individuals Before Being Detained 43 7,486 Known Race/Ethnicity (Frequencies) 7000 < , 6000 / li 5000 • ' = I 4000 ) ) 3000 / , 1 2000 , 1000 ‘' Known Race/Ethnicity ima Not Known 0 Tier;I (Partial Exemption TCI EOSE Form} TIER I - PARTIAL. EXEMPTION RACIAL PROFILING REPORT Agency Name: WYLIE POLICE DEPT. Reporting Date: 01/22/2015 TCOI.E Agency Number: 085201 Chief Administrator: IOI N A DUSCTt) Agency Contact Phone: 97244281'70 Information: Email: policggfinylietexas goy� Mailing Address 'WYLIE POLICE:DEPT. 2000 N. Hwy 78 Wylie, TX 75098 This Agency claims partial racial profiling report exemption because. Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report 2.132(Tier I)—Partial Exemption Article 2 t32(b) CCP Law Enforcement Policy on Racial Profiling WYLIE POLICE DEPT. Iias adopted a detailed written policy on racial profiling. Our policy (I)clearly defines acts constituting racial profiling; (2)strictly prohibits peace officers employed by the WYLIE POLICE DEPT from engaging in racial profiling; (3) implements a process by which an individual may file a complaint with the WYLIE.POLICE DLPT if the individual. believes that a peace officer employed by the WYLIE.POLICE DEPT. has engaged in racial profiling with respect to the individual; (4)provides public education relating to the agency's complaint process, (5) requires appropriate corrective action to be taken against a peace officer employed by the WYLIE POLICE DEPT who, after an investigation, is shown to have engaged in racial profiling in violation of the WYLIE POLICE DEPT's policy adopted under this article, (6)require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so,whether the individual detained consented to the search, and Page I of 3 pages submitted electronically to the The Texas Commission on Law Enforcement (C) whether the peace officer knecy the race or ethnicity of the individual detained before detaining that individual;a id (7)require the chief administrator of the agency, regardless of whether the administrator is elected; employed„ or appointed, to submit an animal. report of the information collected under Subdivision (6)to: (A)the Commission on Law Enforcement; and (f3) the governing body of cacti county or municipality served by the agency, if the agency is an.. agency of a county, municipality, or other political subdivision of the state I certify these policies are in effect. Executed by:JOHN 9. DUSC ( Chief Administrator WYLIE POLICE DEPT. Date. 01/22/2015 Page 2 of 3 pages subunited electronically to the The Texas Commission on Law Enforcement WYI:IE POLICE DEPT.Motor Vehicle Racial Profiling Infornnation Number of motor vehicle stops: 1. 1256 citation only 2. 392 arrest only 3. 39 both 4. 1687 Total (4, 11,14 and 17 must be equal) Race or Ethnicity; 5 231 African 6. 30 Asian 7, 1091 Caucasian 8. 312 Hispanic ). 21 Middle F3astein 10 2 Native American 11. 1687 Total (lines 4, 11, 14 and 17 must be equal) Race or Ethnicity known prior to stop? t2 43Yes 13. 1644No 14. 1687 Total (lines 4, I1, 14 and 17 must be equal) Search conducted: 15. 652 Yes 16 1035No 17. I687 Total (lines 4, I1, 14 and 17 must be equal) Was search consented? 18 273 Yes 19.379 No 20 652 Total (must equal line 15) Page 3 of3 pages submitted electronically to the The'Texas Commission on Law Enfoicernent Tier 1 Baseline Comparison (Fair Roads Standard) L_ (II) Motor Vehicle-Contacts and Fair Roads Standard Comparison Comparison of motor vehicle-related contacts with households in DFW that have vehicle access(in percentages). 11/1/14 12/31/14) Race/Ethnicity* Contacts Households with vehicle m +ercenta es access in .ercentales Caucasian 64 60 African 15 14 Hispanic 17 19 Asian 2 5 Native American 0 N/A Middle Eastern 2 N/A Other _--- .09 N/A Total 100 98** *Race/Ethnicity are defined by Senate Bill 1074 as being of a`particular descent,including Caucasian, African,Hispanic,Asian,Native American and Middle Easters". **Represents rounded figure Tier I (Motor Vehicleit -Contacts and Hous los eholdsf10) 90 80 60 1# (Pec i tsoII of o om• t 4egmc Qq� size a�,s 0 m r 4fr eta ■Motor a� Vehicle- +v` '`� Contacts 2�' ■ Households (Origin} Tier 1 ata (Thirteen-Year Comparative Analysis) (2002-2014) fill) Thirteen-Year Tier 1 Data Comparison Comparison of Thirteen-Year Traffic and Motor Vehicle-Related Contact Information 111/02--12/31114 Race/Ethnicity* Traffic-Related Contacts (in percentages) (02) (03) (04) (05) (06) (07) (08) (09) Caucasian 80 Ili 73 African 3 8 9 10 11 Illi Hispanic 16 21 18 1 ]5 III 16 14 13 Asian .47 1 1 - 1 1 2 2 2 Native .06 0 0 0 0 .01 .05 .05 American Other 30 0 ,24 .06 0 ®® Total 100** 100 100** 100 100 100*' 100 100" * Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent, including Caucasian, African, Hispanic, Asian.or Native American". ** Figure has been rounded. L_ Tier 1 Data (Contacts 02-14) 80 70 ;1 II 60 I �,' 50 I IT I . (Percent) 40 i� 30 ' GI . 20 III II 10 I III _ } ■ Contacts 02 0 I .3i II H.Plit i� ill 1 NI 1.lr ❑ Contacts 03 o Contacts '04 P. 8 'E m 8 m L. ❑ Contacts 05 , a c a' 5 ■ Contacts '06 a = c a ® Contacts (07 CS v IN Contacts 08 ._ El Contacts '09 z f Contacts 10 ❑ Contacts '11 ❑ Contacts 12 ❑ Contacts 13 (Origin) Contacts 14 Comparison of Thirteen-Year Traffic and Motor Vehicta-Related Contact information (111102---12131114 RaeelEthnietty* Motor Vehicle-Related Contacts(hi percentages) (10) (11) (12) (13) (14) Caucasian 72 69 67 65 64 African 11 13 14 14 15:. Hiaetie 13 14 15 :. 15 17 Asian r 2 2 2 2 2 Native:Ameriean ,..: .01 .07 .05 .07 0 Middle Eastern 2 2 1 3 2 Other 5 1 2 09 ,09 Total . 100** 100 : 100 100 100: *Race/Etbmmty is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,Native American and Middle Eastern". **Figure has been rounded, Tier 1 Data (Searches 02-14) 90 80 - 70 ' 60 50 I . (Freq.) 40 30 20 Ar II Searches (02)ti r 1- rim" ' -1 , ` ❑ Searches (03) .(0w a L MI Searches (04� a ; M ❑ Searches (05 ; a = E • Searches (06) ° m a ® Searches (07) to 2 ■ Searches (08) z ❑ Searches (09) ■ Searches 10 ❑ Searches 11 (Origin) O Searches (12) O Searches (13) O Searches (14) Comparison of Thirteen-Year Traffic and Motor-Vehicle Related Search Information 1ft/0 2---1 2/3111 4 Race/Ethnicity* Search-Related Searches (in percentages) (02) (03) (04) (05) (06) (07) (08) (09) Caucasian 79 64 59 III 68 II African 3 1 8 14 Hispanic 18 34 31 44 14 15 16 III Asian 0 ,6 0 D 0al �® Native 0 0 i0 0 0 0 0 American Other 0 ® 2 0 0 11111® Total , 100 100" 100 100 100" 100" 100 100 • Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent, including Caucasian,Afiican„Hispanic, Asian,or Native American". •• Figure has been rounded. Comparison of Thirteen-Year Traffic and Motor Vehicle-Related Search Information (111i02--12i31114) Race/Ethnicity* l Motor Vehicle-Related Searches (in percentages) (10) (11) (12) (13) (14) i Caucasian 68 67 73 72 64 African 14 15 15 12 18 Hispanic 17 16 11 14 16 Asian 1 1 .4 .7 1 Native American 0 0 0 .4 0 Middle Eastern .7 1 1 .4 ,6 Other 0 0 2 0 0 %V; ,:l \.:;;}1.v,,P Q , j (, 4 ,a tg\\ 1 li :,lsj:} }� i\\" .. . ., ti, .I 1. Total 100** 100** 1 100 100 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent, including Caucasian,African,Hispanic,Asian,Native American and Middle Eastern". "" Figure has been rounded. Tier 1 Data (Arrests 02-14) 80 70 'I 60 . 111 50 Iii i (Percent) 40 Ii'� 30 ,I :1IS'� Arrests (02) 20 'I II i,= ■ Arrests (03) 10 ;, j' I ' ,I;1 D Arrests (04) 0 li I1 ,! .I:Illit L��I D Arrests (05) ■ Arrests (06) .4tt rt ;? .i $' 4.•, , ® Arrests (07) er, i4� ', y �.. y� ■ Arrests 08 . P •.yQ °i O D Arrests (09) or* Nr p ■ Arrests (10) 4,0 as D Arrests (11 ) % 4* 0 Arrests (12) ? DArrests (13) (Origin) 0 Arrests (14) Comparison of Thirteen-Year Traffic and Motor Vehicle-Related Arrest Information (1/1/02---12/31/14) Race/Ethnicity* Motor Vehicle-Related Arrests (in percentages) (02) (03) (04) (05) I (06) (07) (08) (09) Caucasian ® 43 57 50 67 66 1111E African ® 1 4 7 12 ®® Hispanic 19 54 38 42 21 20 18 16 1 Asian 0 2 0 0 0 1 2 2 Native 0 0 0 0 0 0 0 .3 American l Other 0 0 I 1 0 IN 0 0 Total 100** 100 100 100 100** 100** 100 100 I • Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a`particular descent,including Caucasian, African, Hispanic,Asian,or Native American', •• Figure has been rounded, Comparison of Thirteen-Year Traffic and Motor Vehicle-Related Arrest Information (111102--•12t31/14) Race/Ethnicity* Moor Vehicle-Related Arrests(in percentages) (10_) (11) (12) (13) (14) Caucasian 67 64 66 70:. 61 African 12 14 15 11 17 Hispanic 19 19 :r 18 , 17 19. Asian'. .7 1 0 .5 2 Native Annecican 0 0 0 .5 0 Middle Eastern .7 1 1 .3 2: Other. A 0 .3 ,3 '. 0 Total.: : 100** :. 100*": 100 100r 100 *Race,Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,Native American and Middle sten.1". **Figure has been rounded Analysis and Interpretationof Data Analysis In 2001, the:Texas legislature passed Senate Bill 1074 which became the Texas Racial:Profiling Law. That is„the law came into effect on January 1,2002 and required all police departments in Texas.,to collect traffic-related data and report this information to their local governing authorityby March is`ofeach year. In 2009,the racial profiling law was modified to include the collection and reporting of all motor vehicle related. contacts where a citation was issued or arrest made. In addition,the modification to the law further requires that all police officers indicate whether or not they;knew the race of ethnicity of the individual before detaining them, Further,it is required that agencies report motor vehicle related data to their local governing authority and to the Texas Commission on Law Enforcement(TCOLE)by March 1st of each year. The purpose in collecting and presenting this information is to determs`nef police officers in a particular municipality are engaging in the practice of racially profiling minority motorists. The Texas Racial Profiling Law also requires police departments to interpret' motor vehicle-related data. Even'though most researchers would probably agree with the fact that itis within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community,it is very difficult to determine if individual police officers are engaging in racial profiting, from a review and analysis of aggregate/insti€utional data. In other words, it is challenging for a reputahie researcher to identify specific individual"racist behavior from aggregate-level `institutional'data on traffic or motor vehicle-related contacts. As stated previously,in 2009,the Texas Iegislature passed Honse Bitl 338 9,'. which mod shed the existing Racial Profiling Law by adding new requirements,this took effect¢in January 1st, 2010, These most recent changes include, but are not exclusive of the re-d"efinmon of a contact to include motor vehicles where a citation was issued or an arrest made.hi addition, it requires police officers to indicate if they knew the race or ethnicity of the individual before detaining them,Also,the more recent law requiresi adding "middle eastern' to the racial and ethnic category and submitting the annual data report to TCOLE before March 1st of cacti year. I am pleased to inform you that these additional requirements have been addressed,:since 2009,by the WyIliePolice Department as it is demonstrated throughout this report. In an effort to comply with The Texas Racial Profiling Law,the Wyllie Police Department commissioned the analysis of its 2014 motor vehicle contact data. Thus three different typeslof data analyses were performed. The first of these involved a careful evaluation of the 2014 motor vehicle-related data This particular analysis measured, ast required by the law :the number and,percentage of Caucasians,African Amencans, Itispanics,Asians Native Americans, Middle Easterners and individuals belonging to the"other'"category;:that came in contact with the police in the course • of a motor vehicle related contact,and were either issued a citation or arrested.Further,the analysiis included information relevant to the number and percentage of searches(table 1). while indieafing the type of search performed(i.e., consensual or probable cause). Also, the data analysis included the number and percentage of individuals who, after they came in contact with the police for a motor vehicle-related reason,were arrested. The additional data analysis performed was based on a comparison of the 2014 motor vehicle contact data with:a specific baseline. When:reviewing this particular analysis,it should be noted that there is disagreement, in the literature;:regarding the appropriate baseline to be used when analyzing motor vehicle-related contact information. Of the baseline measures available,the Wyllie Police Department opted to adopt as a baseline measure, the Fair Roads Standard. This partieuiat baseline is a rased on data obtained through the U.S. Census Bureau(2010)relevant to the number of: households that have access to vehicles while controlling for the race and ethnicity:of the heads of households. it is clear that census data presents challenges to any effort made at establishing a Fair and accurate racial profiling analysis. That is, census data contains Snformation on all residents of a particular community,regardless of the fact they may or may not be among the driving population. Further,census data,when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Wylie Police Department in 2014 but live outside city limits. In some cases, the percentage of the population that comes contact with the police but lives outside city limits represents`a substantial volume of all motor vehicle-related contacts made in a given year, Since 2002;several civil rights groups in Texas expressed their desire and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of"households"that have access to vehicles. Thus 'imposing to compare "households"(which may have multiple residents and only a few vehicles)with 'Monism?' (an individual-based count) This in essence,constitutes a comparison that may result in ecological fallacy. Despite this the Wyllie Police Department made a: decision that it would use this form of comparison(i.e., census data relevant to households with vehicles)in an attempt to demonstrate its "good will'and `transparency" before the community. Thus,the Fair Roans Standard data obtained and used in this study is specifically relevant to the Dallas Fort Worth(DFW)Metroplex. The final analysis was conducted while using the 2002-2009 traffic data and the 2010 2014 motobvehRk related data. Specifically, all traffic-related'contacts made in 2009 were compared to similar figures reported in 2002,2003, 2004,2005.2006,2007 and 2008, Similarly,:motor vehicle contact data was compared while using data from 2010,2011,2012,2013 and 2014. Although some researchers may not support the notion that in thirteen years,a"significant"and`permanent"trend can take effect,.when considering this analysis,it was determined that comparing thirteen years of trafficfinotor vehiclecontact data may highlight possible areas of consistency with regards to traffic and motor vehicle-related contacts. That is,the thirteen-year comparison has the potential of revealing indicators that a possible trend of traffic and motor vehicle-based contacts with regards to members a a specific minority group, may in fact,develop. Tier 1 (2014)Motor Vehicle-Related Contact Analysis When analyzing the Tier 1 data collected in 2014, it was evident that most motor vehicle-related contacts were made with Caucasian drivels. This was followed by. Hispanic and African At ierican drivers. With respect to searches,niost of them were performed on Caucasian drivers.This was followed by African Americans and}Iispanics. It is important to:no that the arrest data revealed that Caucasian drivers were arrested the most in motor vehicle-related contacts;this was followed by Hispanics and African Americans. FairRoads Standard Analysis The data analysis of motor vehicle contacts to the census data relevant to the number of"households"in the DFW who indicated,in the 2010 census,that they had access to vehicles,produced interesting findings. Specifically,the percentage of individuals of Caucasian and African American descent that came in contact with the police was higher than the percentage of Caucasian and African American households in DFW that claimed,in the 2010 census,to have access to vehicles. With respect to'. Hispanics and Asians, a lower percentage of contacts were detected. That is,the Percentage of Hispanic and Asian drovers that came in contact with the.police in 2014 was lower than the percentage of Hispanic and Asian households in DFW with access to vehicles. Thirteen-Year Comparison The thirteen-year comparison(02-14):of traffic and motor vehicle related-contact data showed some similarities. As illustrated in table 3,the percentage of drivers(from different racial/ethnic groups)that came in contact with the Wylie Police in 2014 was similar to the percentage of drivers, from the same racial/ethnic groups that came in. contact with the Wylie Police 13epartment from 2002 to 2014. However, a few differences were noted. When comparing 2014 to the previous years,there was an increase in percentage of contacts among African American and Hispanic drivers.A decrease In percentage was detected among Caucasians. It is dear that commonalities in the data existed,when analyzing the search- related contacts for all thirteen years. A decrease in percentage was noted among Caucasians;the opposite was true for African Americans and Hispanics. When considering the arests made,the data revealed that the percentage of arrests increased among African Americans and Hispanics while a decrease:in percentage was evident among Caucasians. It should be noted that the 2010,2011,2012,2013 and 2014 data should be analyzed while considering that since January 1"of 2010, a contact was re- defined by the law,thus,making it statistically challenging to compare traffic contacts (collected and reported from 2002-2009)with motor vehicle contacts(collected and reported since 2010). SummarvofFindings The comparison of motor vehicle contacts showed that the Wyllie Police Department came in contact(in motor vehicle-related incidents)with asmaller percentage of Hispanic and Asian drivers than the percentage that resided in DFW and had access to vehicles. Further,:the data suggested that the percentage:of Caucasian and African American drivers that came in contact with the police in 2014 was higher than the percentage of Caucasian and African American households in DFW with access to vehicles. In addition,the dam showed that in a large number of instances,officers did not know the race or ethnicity of individuals before detaining them, when compared to instances where officers knew the race/ethnicity of individuals before they were detained. An examnation of the thirteen-year traffic and motor vehicle-related contact data suggested that the Wyllie Police Department:has been, for:the most part,consistent:in the racial/ethnic composition of motorists it comes in contact with during a given year.The consistency of contacts for the past thirteen years is in place despite the fact the city: demographics may have changed,thus, increasing the number of subjects likely to come in contact with thepolicc. While considering the findings made in this analysis,it is recommended that the Wyllie Police Department should continue to collect and evaluate additional information on motor vehicle contact data(ire.,reason for probable cause searches, contraband detected) which may pmve to be useful when determining the nature of the contacts police officers are making with all individuals;particularly with African Americans. Although this additional data may not be required by state law, it is likely to provide insights regarding:the nature and outcome of all motor vehicle contacts made with the public. As part of this effort,the Wyllie Police Department is also encouraged to; 1) Perfonn an independent search analysis on the search data collected in the first quarter of 2015. 2) Commission data audits in 2015 in order to assess data integrity;that is,to ensure that the data collected is consistent'with the data being reported. The Wyllie Police Department complied with recommendations made last year, in a similar report,regarding data audits. Further,the information and analysis provided in this report serves as evidence that the Wyllie Police Department has, once again, complied with the Texas Racial:Profiling Law, ( III) Su ary _ Checklist Checklist The following requirements were met by the Wyllie Police Department in accordance with The Texas Racial Profiling Law: Clearly defined act or actions that constitute racial profiling Z Statement indicating prohibition of any peace officer employed by the Wylie Police Department from:engaging in racial profiling Implement a process by which an individual may file a complaint regarding racial profiling violations pi Provide public education related to the complaint process ® Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law Z CoIlect data(Tier I)that includes information on a) Race and ethnicity of individual detained b) Whether asearch was conducted c) If there was a search,whether it was a consent search or a probable cause search d) Whether a custody arrest took place ®Indicate total number of officers who knew and did not know,the race/ethnicity;of individuals before being detained. FI Produce an annual report on police contacts (Tier I) and present this to local governing body and ROLE by March 1,2015. 2 Adopt a policy,if video/audio equipment is installed, on standards for reviewing video and audio documentation Contact Information Contact Information For additional questions regarding the information presented in this report,please Contact Del Carmen Consulting,LLC 817 681.7840 ww‘v.texasracialproiillna.com www.delcaantei gt piting.cont Disclaimer The author of tins report, Alejandro del Carmen/dell Carmen Consulting, LLC;is not liable for any omissions or errors committed in the acquisition,analysis, or creation of this report.Further„ I7r. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. EtPt Wylie City Council AGENDA REPORT Meeting Date: February 10, 2015 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 21, 2015 Budgeted Amount: Exhibits: 4 Subject Hold a Public Hearing and consider, and act upon a change in zoning from Agricultural(A/30) to Planned Development- Single-Family (PD-SF), for single-family residential development on approximately 38 acres, located at the northwest corner of Alanis Drive and S. Ballard Ave.(ZC 2014-13) Recommendation Motion to approve amending the zoning from Agricultural (A/30) to Planned Development-Single-Family (PD-SF), for single-family residential development on approximately 38 acres, located at the northwest corner of Alanis Drive and S. Ballard Ave.(ZC 2014-13) Discussion Owner: Charlotte A. Stoeckle Applicant: Douglas Properties,Inc. The applicant is requesting to establish permanent zoning on approximately 38 acres of land, of which a portion contains a historical house known as "The Stone House". The rich history of this site and structure will be incorporated into the overall theme of the development. The applicant, and property owner has worked diligently with Staff and with the Wylie Historical Society to ensure that the house is relocated and preserved for its historic value. The PD specifies minimum lot size of 7,200 s.f. and minimum dwelling size of 1,800 sf. Lots that backup to Alanis Drive will be minimum 8,500 s.f. with a minimum dwelling size of 2,600 s.f. Maximum number of lots shall not exceed 145 lots. No alleys are required within the property. The proposal sets 5 feet as the minimum side yard requirement and 10 feet for corner lots. Front yard setbacks are proposed for 20 feet. All lots which back onto park land shall provide a wrought iron fence of uniform design to be installed by the homebuilder. Maintenance of the park area will be the responsibility of the HOA. Maintenance of the Stone House will be assisted by the Wylie Historic Society; full details are not yet finalized. Properties to the north and west are developed as single-family residential dwellings on average lot sizes of 7,700 s.f. and have been platted as Westwind Meadows Subdivision since the late seventies. Southplace Estates located east of the subject tract across Ballard has been developed since 2002 as single-family residential dwellings with minimum allowed lot sizes of 8,500 s.£ and average lot sizes of 10,000 s.f. The historic Stone Family house must be moved to the north in order to accommodate future widening of Alanis. The developer will be responsible for the relocation and will work with the City Engineer to ensure the necessary rights-of- way are given. The actual location of the house will be designated by the final plat. (Rev 01/2014) Page 1 of 2 Page 2 of 2 An eight foot Hike & Bike Trail, with six feet in front of dwellings will be installed to achieve a link in the city park system. Distinctive striping and buttons or similar approved by city engineer shall be installed at trail crossings. The proposed case will have single loaded streets along open space/parkland. Exterior materials shall be a minimum of 80% brick or masonry stucco, with 20% being window boxes, gables, are other architectural elements. The 20% architectural element does not include siding. Wood, vinyl siding and EIFS shall not be used for exterior walls. A minimum of five platted lots shall be skipped on the same side of the street and three lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical or nearly identical street elevation design. Garage doors may be located on the primary street elevation with an upgraded insulated door with carriage hardware. The Parks Board considered the dedication and park improvements per the attached Exhibit "P" and tabled the item to allow the developer time to resubmit the numbers to show the cost of improvements without consideration of the cost to relocate and/or renovate the Stone House. This information was not available at the time of posting. Notification/Responses: Sixty-Seven (67) notifications were mailed; with one (1) written response returned favoring the request and six(6)responses opposing the request at the time of posting. PLANNING & ZONING COMMISSION DISCUSSION: The Commissioners discussed at length minimum lot& dwelling sizes. Comments from several citizens centered on lot& dwelling size as well. It was the consensus of the Commission to increase the lot size and minimum dwelling size, specifically for those lots that backup to Alanis. The citizens who were in attendance were supportive of the motion to increase dwelling size to 2,600 s.f. along Alanis. The Planning and Zoning Commission voted 6-0 to recommend approval with the following stipulations: 1. Those lots along the western property line that backup to dwellings on Westwind Way from north of Windcrest Drive and continuing around to those lots that backup to Stoneybrook Drive shall be a minimum of 7,200 s.f. lots. All others lots shall be minimum 8,500 s.f. 2. All dwellings on lots that back up to Alanis Drive shall be a minimum of 2,600 s.f. LEGAL DESCRIPTION Being a 38.121 acre tract of land situated in the E.C. Davidson Survey,Abstract No. 267, in the City of Wylie,Collin County,Texas,and being the remainder of a tract of land conveyed to Charlotte A.Stoeckle as evidenced in Affidavit of Facts Concerning The Identity of Heirs recorded in Instrument 20120720000881090,Official Public Records Collin County,Texas(OPRCCT),and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for the northeast corner of said Stoeckle tract and being in the southeast corner of a tract of land known as Westwind Meadows an addition to the City of Wylie according to the plat recorded in Cabinet B, Page 205, Plat Records,Collin County,Texas,and being in the west right-of-way of Ballard Street(Old Highway No.78 a variable width right-of-way)and the beginning of a non-tangent curve to the right having a central angle of 04 degrees 49 minutes 31 seconds,a radius of 5729.29 feet and a long chord that bears South 02 degrees 53 minutes 48 seconds West a distance of 482.37 feet; THENCE along said west right-of-way of said Ballard Street and along the east line of said Stoeckle tract the following course and distance: Along said curve to the right an arc distance of 482.52 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner, and the beginning of a reverse curve to the left having a central angle of 04 degrees 49 minutes 37 seconds,a radius of 2729.58 feet and a long chord that bears South 02 degrees 53 minutes 45 seconds West a distance of 229.88 feet; Along said curve to the left an arc distance of 229.95 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; South 00 degrees 28 minutes 57 seconds West,a distance of 132.20 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner and the beginning of a curve to the left having a central angle of 03 degrees 48 minutes 06 seconds, a radius of 5830.00 feet and a long chord that bears South 01 degrees 25 minutes 06 seconds East a distance of 386.76 feet; Along said curve to the left an arc distance of 386.83 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner,and the beginning of a non-tangent curve to the left having a central angle of 01 degrees 13 minutes 16 seconds,a radius of 5830.00 feet and a long chord that bears South 03 degrees 15 minutes 56 seconds East a distance of 124.25 feet; Along said curve to the left an arc distance of 124.25 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner,and the beginning of a reverse curve to the right having a central angle of 01 degrees 51 minutes 51 seconds,a radius of 2000.00 feet and a long chord that bears South 02 degrees 56 minutes 38 seconds East a distance of 65.07 feet; Along said curve to the right an arc distance of 65.07 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner; THENCE South 45 degrees 00 minutes 05 seconds West,departing said common line a distance of 23.57 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner and being in the north line of Alanis Drive(60' ROW); THENCE South 89 degrees 34 minutes 55 seconds West,along the common north line of said Alanis Drive and the south line of said Stoeckle tract a distance of 983.31 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner; THENCE South 89 degrees 42 minutes 33 seconds West,continuing along said common line a distance of 148.17 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for the southwest corner of said Stoeckle tract the same being the southeast corner of a tract of land described in deed to Danny P.Sellers and Marion G.Small recorded in County Clerk's File No. 96-0104910,Official Public Records,Collin County,Texas,and being in the north line of said Alanis Drive; THENCE North 00 degrees 44 minutes 11 seconds West,departing said Alanis Drive and along the common west line of said Stoeckle tract and the east line of said Sellers and Small tract,the east line of a tract of land described in deeds to Milford Founders, LTD, recorded in Document No.2003-0228819, Official Public Records,Collin County,Texas,(50%ownership)and Freshe PM, LLC recorded in Instrument No.20140714000722710,Official Public Records Collin County,Texas,(50%ownership)and the east line of a tract of land known as Westwind Meadows No.3,an addition to the City of Wylie according to the plat recorded in Cabinet F, Page 643 Plat Records, Collin County,Texas,a distance of 1442.83 feet to an "X"cut in concrete set for corner; THENCE North 89 degrees 56 minutes 45 seconds East,along the common south line of aforementioned Westwind Meadows and north line of said Stoeckle tract a distance of 1183.80 feet to the POINT OF BEGINNING and containing 38.121 acres or 1,660,548 square feet of land more or less. EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No. 2014-13 I. GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4 - Planned Development— Single Family(PD— SF) Lot Size (Minimum) Lot Area (sq. ft.) 7,200 Lot Width (feet) 60 Lot width of corner Lots (feet) 65 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 110 Dwelling Regulations (Minimum Square Footage A/C space) 25% of the lots 1,800 35% of the lots 2,000 40% of the lots 2,200 Lots backing to Alanis Drive 2,600 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements—Main Structures Front Yard(feet) 20 Side Yard (feet) 5 Side Yard of Corner Lots (feet) 10 Side Yard of Corner Lots (feet) on key lots 20 Rear Yard(feet) 15 Rear Yard Double Front Lots (feet) 20 Lot Coverage 50% Height of Structures Main Structure (feet 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 145 lots. 2. Key lots are defined as a corner lot which is backing up to an abutting side yard. 3. Three-tab roofing shall not be permitted. 4. No alleys shall be required within the Planned Development. 5. Lots which back onto park land shall provide a decorative iron fence of uniform design to be installed by the homebuilder, as approved by the Planning Department. 6. The Development Plan attached as Exhibit "C" shall serve as the Preliminary Plat. 7. Lots along the western property line that backup to dwellings on Westwind Way from north of Windcrest Drive and continuing around to those lots that backup to Stoneybrook Drive and lots along east property line as depicted in Exhibit "C" shall be a minimum of 7,200 s.f. lots. All others lots shall be minimum 8,500 s.f. 8. All lots that back up to Alanis Drive shall be a minimum dwelling size of 2,600 s.f. 9. Existing trees greater than 6 inch caliper within the flood plain shall be protected in accordance with City's Tree Preservation Plan. 10. Open space, drainage & floodway easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 11. The Stone Family House will be moved to a Park on the property. 12. Maintenance of the Park Area Maintenance of the park area will be the responsibility of the homeowners' association (HOA). A. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. e. Maintain benches, tables, concrete trail, and any other installed improvements, per Exhibit "P". Coordinate with the City Park Department prior to the replacement or removal of any improvement for consistency with City Park standards. B. City responsibilities of amenities include: a. Perform playground safety inspections by qualified personnel. C. Wylie Historical Society responsibilities include: a. Maintain the Stone Family House. b. Take ownership of the Stone Family House c. Responsible for the security of the Stone family House. d. Pay for the electricity used at the Stone Family House. 13. All Park Amenities as described in Exhibit "P" and as approved by the City Parks Department, shall be installed prior to the issuance of a Certificate of Occupancy. IV.DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with Exhibit"P" and the following criteria: 1. Provision of Public Pathways -Public Open Space a. Base Standard (1) Trail shall be constructed to the City's standards. Open space parkland shall be in accordance with Exhibit "P" as adopted by this ordinance. (a) 8' Hike & Bike Trail, with 6' in front of dwellings, achieving link in city trail system. (b) Open Space Improvements, including 1 Tot Lot, 2 park benches, 2 picnic tables, 1 trash can, move the Stone Family House to the park with a new front and back porch, a total 10 car parking lot with 2 handicap spaces (c) Distinctive striping and buttons or similar approved by city engineer shall be installed at trail crossings. (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. Public Access Street Subdivision Dev elopment Public Open Space Easement Open Space - r b. Desirable Design Attributes Single-loaded Street along open space and access per Exhibit "P". 2. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard (1) Per Exhibit "P" and coordinate improvements with the City of Wylie. (2) Landscaping and Tree Preservation shall be in accordance with Exhibit "C". The following trees and shrubs are recommended for landscaping and screening purposes and shall be of a species common or adaptable to this area of Texas: 1. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green.Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore Bradford Pear b. Desirable Design Attributes None 3. Lighting and Furnishings Along Open Space, Easements and Trails a. Base Standard (1) Benches with backs installed per Exhibit "P" (2) Provide distinctive striping and buttons or similar cross-walks approved by city engineer at street connectors. (3) 8' wide distinctive striping and buttons or similar approved by city engineer at main entry; 6 ft wide at interior street connectors per Exhibit "P" b. Desirable Design Attributes (1) 2 Benches, 2 Picnic Tables, 1 Trash Can and 1 Tot Lot, per Exhibit "P", to be coordinated with Parks Department. (2) 8' wide distinctive striping and buttons or similar approved by city engineer crossing at main entry; (3) Moving Stone Family House with a 10 car parking lot. B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Decorative iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). 4,41 2. Street Treatments— Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None 3. Street Treatments—Pedestrian Crosswalks a. Base Standard All crosswalks within a Residential development are to be 8 feet wide at trail crossings with distinctive striping and buttons or similar approved by city engineer and must connect to a pedestrian sidewalk system with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes: Provide 8 ft. wide, connected system of distinctive striping and buttons or similar approved by city engineer at Trail Crossing at Main Entry. 4. Pedestrian Sidewalks- Sidewalk Locations a. Base Standard 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None 5. Mail Boxes a. Base Standard Mail boxes shall provide number plaque and brick to match the resident. b. Desirable Design Attributes: Same stone and brick as house exterior trim to mail boxes. 6. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. t f f 1 ..J.4,---,-,Jin.41.:( Tltmii ; 1 1Nm'=r .;F� .;p f , la g. im, t . b. Desirable Design Attributes: None 7. Perimeter Alleys a. Base Standard No Alleyways are required for the subdivision. b. Desirable Design Attributes: None C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 20 percent of the facade shall be offset a minimum of 1 foot either protruding from or recessed back from the remainder of the facade. b. Desirable Design Attributes: None 2. House Numbers a. Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes: None 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln-fired clay brick or masonry stucco with the balance being window boxes, gables, architectural shingle and etc., but not 20% siding, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. b. Desirable Design Attributes: None 4. Exterior Facades—Porch a. Base Standard Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 120 total square feet of floor area. I $ b. Desirable Design Attributes: Two or more sides of covered porches, or pitched cover incorporated into roof lines of house 5. Exterior Facades -Chimneys a. Base Standard Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. b. Desirable Design Attributes: , matchiChimnng the accent exterior Fireplace chimneys shall incorporate 40 percent stone facade materials of the house for houses with eys. 6. Roofs and Roofing -Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with articulation, doiiiiers or a combination of hip and gable roofing. b. Desirable Design Attributes: None 7. Roofs and Roofing -Roofing Materials a. Base Standard All single family residential units shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes: None 8. Roofs and Roofing -Roof Eaves a. Base Standard No wood fascia or soffits are permitted. tipa tr r Ve s"�', It %9*C` 1212 1t`112 nimum Roof la Pitch Allowed 8:12 12 12 e:'1'2 b. Desirable Design Attributes: None 9. Repetition of Residential Unit Designs — Repetition of Floor Plan and Elevation a. Base Standard A minimum of five (5) platted residential lots must be skipped on the same side and three (3) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. —t'•T'T• . . . . . . . . . . . . . . . . . NO 7 6 5 4 3 2 1 1 2 4 ' S ' 6 ' 7 ' I I• I I ( I I I 3 LOIS SKIPIED OPIf OSITE ODE OF STREET 5 LO S SKIP ED SAiE SIDEi F STREET T• I •I I • I • 7 5 • 4 . 3 • 2 • 1 1 . 2 • 3 4 5 . 6 . 7 . NO I I I II 1 I OK I I I I I I I I T"IT'T'T"T"TIT"T'T"T'1-1'�'T'T Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or No variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. Desirable Design Attributes: None 10. Garage Entry a. Base Standard Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded insulated door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 2 car garage. t�xl mr;!��t�rff�� "" „ " ��" ��•4„, 1)ItSl�jtit t - r `fig dl 1 �v g If* rrr err �h b. Desirable Design Attributes: None 11. Dwelling Size a. Base Standard The minimum square feet of floor space shall be (25%) of the houses 1,800 s.f. , (35%) of the houses 2,000 s.f. , (40%) of the houses 2,200 s.f. , all lots backing Alanis 2,600 s.f. measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing a. Base Standard (1) Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with minimum 50 percent transparency constructed of wood or wrought iron. (2) Side and rear yard fences (if provided) shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (3) Pressure treated wood is prohibited. (4) Fences shall be constructed of decorative iron next to public open space, and shall be minimum 4 ft in height. b. Desirable Design Attributes None 13. Landscaping a. Base Standard (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 14. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes Front facade and drive/garage shall be illuminated by coach lights on each side of the garage and front yard activity area illuminated and wired to the interior of the house. 15. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. b. Desirable Design Attributes None yt o M1f ev Jt o'i a a v P 8 r9 G l dU it rY yW, . x aareww�x �rvw r,� awe r w^�rvv.*: w^+w b'w rww 7aaa�� e w°a� "" • u,=oritl,,.., III. DESIGN REGULATION CHART: A. Land Design Requirements A.Land Design Requirements (In Accordance with Exhibit"P") ELEMENT a.BASE STANDARD(ALL DEVELOPMENT b. DESIRABLE STANDARD MUST COMPLY FULLY WITH ALL LISTED (THE FOLLOWING DESIRABLES WILL BE BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Public Open Space a. Trail shall be constructed to the City's Single-loaded street along open space. standards. b. 6 & 8 ft. hike &bike trail and open space improvements,per Exhibit "P". c. Provide benches per Exhibit"P". Perimeter Walkways and Coordinate with City of Wylie Landscape Lighting and Furnishings along a. 4 Benches with backs per Exhibit"P". a. 2 Benches, 2 Picnic Tables, 1 Trash open space easements and trails b. Distinctive striping and buttons or similar Can, 1 Tot Lot, Move the Stone Family approved cross-walks at street house to the park with a 10 spot parking connections lot,per Exhibit"P". c. 6 ft at interior street connectors. b. 8 ft wide at main entry B. Street and Sidewalk Requirements B. Street and Sidewalk Requirements (For all Residential Districts) ELEMENT BASE STANDARD b. DESIRABLE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY (THE FOLLOWING DESIRABLES WILL BE WITH ALL LISTED BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Entry Features and Architectural features on stone monument (no Decorative iron accent panels, or 2 or more Signage at Entries brick)with landscaping and incorporated into different type/color of stone (can be synthetic or open space area. cultured). Street Name Signs Including block numbers, incorporated with street lighting coordinated throughout. Pedestrian Crosswalks Connected system distinctive striping and 8 ft. wide, connected system distinctive striping and buttons or similar approved by city engineer per buttons or similar approved by city engineer at Exhibit "P". Trail Crossing. Sidewalk Locations 4 ft concrete,both sides of street. Mail Boxes Mail boxes shall provide number plaque and Stone and brick same as house exterior trim. brick to match the resident. Perimeter Alleys No alleys are required. C. Architectural Requirements C. Architectural Requirements (For all Residential Districts) ELEMENT BASE STANDARD b. DESIRABLE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH (THE FOLLOWING DESIRABLES WILL BE ALL LISTED BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Building Bulk and Articulation Minimum 20% of street façade offset minimum 1 ft. House Numbers Lighted front stone wall plaque beside main entry. Exterior Façade Material 80% brick or masonry stucco. Porch 120 square feet combined total covered front entry, Two or more sides of covered porches, or rear entry or side entry. pitched cover incorporated into roof lines of house Chimneys Chimney enclosed with masonry matching exterior 40% stone to match house accent material for walls and capped houses with Chimneys. Roof Pitch 8:12 minimum roof pitch; with articulation, dormers or hip/gable Roof Materials Architectural-grade overlap shingles, tile or standing seam metal, no wood shingles, Paint rooftop accessories to match Roof Eaves No wood fascia or soffit Repetition of floor plan and 5 lots skipped on same side of street before elevation repeating similar floor plan and elevation, 3 lots skipped opposite side of street, and no identical or flipped floor plans side by side or directly across street c.Architectural Requirements Cont. (For all Residential Districts) ELEMENT BASE STANDARD b. DESIRABLE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL (THE FOLLOWING DESIRABLES WILL BE LISTED BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Garage entry a. Garage doors can be located on the primary street elevation of a single family residential unit with and upgraded insulated door with carriage hardware. Garage shall be a minimum of 2 car garage. Dwelling Size Minimum dwelling size exclusive of garages and breezeways Fencing a. Front: 4 ft maximum height, minimum 50% transparent, wood or wrought iron. b. Side/Rear: 8 ft maximum height, wood w/metal. posts & rails to inside. c. (No pressure treated wood). d. 4 foot Decorative Iron Fence adjacent to the public open space. Landscaping Sod front, rear, and side yards and minimum 2 trees Automated, subsurface irrigation system and 5 shrubs in front yard. Outdoor Lighting Front entry and drive/garage illuminated by standard Front façade and drive/garage shall be porch light illuminated by coach lights on each side of the garage and front and side yard activity area illuminated and wired to the interior of the house. Conservation/Sustainability Complies with Energy component of Building Code ©2013 Westwood Professional Services, Inc. I �I/ ��-�� /� H CREEK G(Illi ID W Y L I= f I�TE: T ERA / MR nGE PI„ i .• q F EoxvDOD z - i, , �- r z y - ESiHER 1Niip I LIII . -$- ` I 5 rURE Mt Q ILL[AMS N PERK 3 4UiUMN ILL 421:111. STONEYBROOK DRIVE CLOUDCROFT DRIVE - - -544 E Per E Ititli 1 o A _ _ THDMAS= m ~ W /- f \ e°. DUNCA-1 MAT p 1 WESTWINDS MEADOWS I ( Dv c 1 1 _ - 20 Z t PHASE 1 �. 7 w LLOW war e 1 ,..,. ..„.,.,_ ...., R¢ 'IDNET HRODK H 4 Book-B Page-205 ) I 1 `' ...... ...... .... I 1 2 3 4 5 6 7 8 9 f0 I }} ( t r r 11 ) 12 13 14 15 16 17 18 19 GRAPHIC SCALE 1"=100' ) I I , .,L,•, 2 1 I 21 ( , 4 , � I 8 La WINDCREST -r. • 100 0 100 zoo - I I ! _ w .,. m_._ E N89'56'45"E 1186.701c I I I 2 - ¢ SUBJECT Q'"% 64N Wt 'fL ::: 9,wi2, P` ^"9J4a -' 3 ALeN)s a {�';tj.14 411111144", ',1dr{. i /ti t1,ri< 'e,t2 vj( ,< h hrtc, 4' { t,tt�PTy; Es S..0 TRACT ( £ f"o ti (,t tt } , P< o, t • 7 e4t,Ad,1,< ,•rr?''ttrt, fi I r r1 +,itS'=tidtl of e<' n£sa2E'rt t`rtt#3f,£'g £I"4'.',, v£tr,ajY, i}r (s sh} FSr >rtr„rt7,`.�}s a 'r t;t s 'T=ut> < ,;i l = ,,„#r 1�'',r2{i?§ F s,( e t' ,t<{.y>,J{ `•f'''st ''' t`4 Z ja?.r£304 s r43;0 1/4/ S , s i f r qta 1 r t} i"1''P '4 s„s 1 1 ' <;<,tt ,}A,ii 't: iet7 AAA 't t t,it ter , 4, S ;;F{ t ls,tr tip, ,t=10,,,,3st i£ O 3 w . ,. ..,..._ ...... * >iO3,t,¢+;ii+ td> s ,4 4 F`s, Y,1f7 ,(, t r.' § 'Jt i?s` ,I ri}rt ; y} iJry; £E}/,.,, C)S t f}' "fs, tr r ;t'Cr Al(f.14} =iiXtttly z t i elf{its .( i"+" 4£{z,F(';`e shr;t}i,t;'STr £,i t U 0- } r/ Ym t 'iy,;ie 14f ttib } 7`NS } r, r(rirrrt)4 a'ty p'} I g V1 szII4IIA{3Fi1• 4,30rt,:}r1c tr£7a>`{ grE„6{,fi{ 9pp},,;Y4' �T,£tifrlar� (�}Lila„d . lrri{.{; h{•'rs lr,i; J St Ste trt t„,, rr'e=�,r),tl .tattirt>1}, rLi :,(� ,z ,t„1e 1';,yr}, t. {t< t'4 4F{Ff,'l r,ri,£`t tr', r i{r;,,t rr„i,. wr rn C COLONIAL .....,.,, _,.,.,_ ,...,.. ..,. ..... _- $ .1/y,,, ,=r,=}1t1t,t t ftlJ;taJ <5s"'t,1i t,ft'itt#1 i't,L4Srt, J;1,jis .4t, tfw ttr 'rt< {'Ci{r iit£55{J�44 51t{trrltry CO CD L. --- .„- -., - 4 LARK (( f;t£ = , Y t il';'J rc',}ig t,,< 1hI 1 „ 't t >i)}titttit; tay°s5.a <tsJ,`'ist r,rt„ , tJtrotk �,{'t,1 s, a tJJ''i<fti itp}iF'}I)','iir\�i e<k`I t viArponttAt$„Wig:,AA 44,4444,45 E44,r« zt' Jai' t}'r.} 'ifft to ,t 5li tilt, ar�i£ V § tYt t,�rl, {5 r� w MEADOWLARK ELM 2 !,';{'7{'r'2 4.'ry�{`J,7;=,}47riir' /.a t4titity s'zt;t3a A ......,... ._.m.. 2 .Vr ,t1L,t tit,'{,t p"✓` w.R ;-76It'P5,Jr.-4 =,, t � RM•F1"6�tttatt$ ,r1'tt7CT6itot W3/11 vkiA,t ,tat IM'.w Ned1N.. "•b�, W"INec.w'M L,q'+Y•a'M;tyF•., k)I3 y,i fStr.'i'{j I F� N 4 ��I�I// fW°^,Pbe,o,.um sp'niwaMx.�**w aDr kF•i�y �� -. ,. 1„ <r a,/f/4/0�`r';)4j} SOUTHPLACE ESTATES • ',1 `,t� 51'RB'BTs ir>rS '. It �` e ,t`�(` tx}fv1j2 W o ,...... 5 i• 14s e a.rn'<+,r<J,,,r1� ("f 'r"tr' , g.a"'n,.n.�m..,ca-��,.�;a.::aat �i„a -�w•.or 'ot.-�,w»m',.�'.e�arexatem,,arvs,>H.a.o^u'rr1.n'.,,.oa,r,rn...„„,^n„,aaroarow",.ra°ro'was.,,warce'.w',�mt�'.w..arww,re�ewo-+..:wrc��:�a"».s*�' �t!15 � ' tR4, 'a�d O PHASE1 ?'.,Fsr,iryi'».s , r3 '1: (41r$$$i$}$Ayr'£{' �t$'(pi:ELKEIA lk tK51{}•tlltt4t4A1t i,}'tt,„t„„tet44rttlittitttnNof{4101,Wh {xirrr`{fi l6ld(li>r4h�(Sar,Aft./M 'tit'4,1 ttettiAa'Itddtttt1stt,ifjJ b J Beek-1f Pa e-461 tss pnetpt 3 i 1 3,30 ,,44 r; t, rtSUIlLe3tt`t , t't 113003043434303033043000043 I 9 3 r Fr <,}£r ,,ii,j;t }, 11z:, tr;,, /¢�? =1 , ,a{ � } , f}'t€, '''i1Ir iiViii0 t, tty -t, WESTWINDS MEADOWS NO. 3 4t}',�F,'vr` s',<';;}aI o 4f r ;' _' 'r ,{ 's r , r< r tt l t' ii 4, J�,'t;;£„r,'rtta{r,>ytSt 5 `_ - ta ,t ,1• {;' s ;rra,,,r D=04'49'31" Meth 4 J• t v SS i p b, ft t' +" Book-F Page-643 - _.� �1' ?,7� ry 'f= Ft• aS< a, ,+ , 'r'i i# t {'t p tr; iJt1r �., Sti•ta err 1 Ft 1t' =4 { tr �, } �. R=572s.2s' VICINITY MAP i. 4 MRCCT 4ti11{'%'4%r s'sr .f};tss'i 's< ti id t` i�2i, )•t J�, s,', 'f }>, >i ri; Ly Fri r`1j"10-£3'tf,+e44f ... t, ski _'ji ''4 Y I i t ` 7 1,t1' ,e ^� sA mt L=482.52' I ,.. ' I ..,.....,.. ..... I s ''=I` r'• ' ;'„ r !"=.t', ,, �'. "s 2iiitt;;;;;;;;;;;;;;;;;;;;; Sr+,e'`'4t1,, , N.T.S. ft�. 4+ �(z ,tt ; ,9 ' rp l.< tfit ':rJ' t ,,, t' t ist 1 {.3 r;i,#7 ..a'" y '£ ; { #� ,J, ,I batJ, = 1 ,Jlt• ; = t,( , y lisr£ s CD=482.37' t _.-.. .m..m ,--AAM' 1 ,r s, • ,, t,ttihrr J t4'./ .,e.*' . c ar'L• IP clt•,r ,ef t�'„t )£'tr„ ,,,J llt''1~}ti, ' ,�r4P, _ �,,' t t . et r ✓rF & t r= , 5 r„s=r<U,,r; ,rtltt<s,=t'(= tu .,'r<Fte4tr„�i�i°�,�%' �rril f. r `rrJ, ,,,,r'rre Fr:�rri,e, ;i'r,,tt;sons ;;4,tr,r;,rr 't'x4ss ,£r;,,,;,, r»;trtl,sr:,.,,, re,,,4 , N,<,, r <,'titad �£rs£";, `r'4„siTt1�,,,t' a`s;',{£f '�,? ;�a. CB=NO2'S3'48"E 6 1 7 5 it 4,trtlAltk'r4ttet w , .) ,k3?, r,# t}„ t 1, atf }, �A AAi t s t if {</4 ,� 4ft ›) ry/L'''4' p ?,r tt. the r p "''' tf r .t Y r t, if ,1 r• "Is t' 11A, ' {f rS i 't' ,i{, tr n4! tC �itJ1}(eil'z 1.#F{`jt{r{}' I ; t «..,.._ ._«.,.,. i Z _..... .,.,.,... NAm&Sd s' � ^ F' r �' tl i, j •i it41 yt7 ty'i,A>9Ftfe>F iryP,4'�t y{ „it 1 £zt f r,i I' <4' t{,'�', r;s• rt 3 ` ,t, <•'t'yf ,J r3,: T4 49 d r r,r s+'' LEGAL DESCRIPTION 4. ,4R t41„, X;ktz,k ^s1, 't 11 '•, ie {s 4 s it P' .,,I ;.{4 if' ,1 q tt ,. Aar u,9AAArAtipAnt �..._ t 38.116 ACRES iktt 'Ct ;1p} it,ttts ry'} {{, <=i= $.f '',{';'1 „'S < , 1 1,r(r r "t,' l,f, trtf.6 6 'f' rt1, affi,1,4'< t'' it s r F i " ,,,,J .J; tt`q{,n, tt - - i w r3ittt .r( A 1k` ,t.J,. }p= ;;1 '�? '{i(, `i;,�f = s 'a;,, ,�1a 1,1a,,ll'dtltr=t,,11, - '""""""' -"'"'•- --"'- "�'"' -- -"'"""" % . 4,4?, Fs{, •,i' ti'rA i.r 4, ''r t A$ i =' r/ , ,� {_ /f` }j ,+y }t}r''4t£`ty' `�(Jt}i'{tJ Being a 38.116 acre tract of land situated in the E. C. Davidson Survey, Abstract No. 267, in the City of Wylie, Collin County, riskyWidirgX{� �. , ie ,r e T tl 1 , , "y m„ ,y , f11 4it' , ' ff ,Jt'S° 1% r F J„ p i I , Texas, and being the remainder of a tract of land conveyed to Charlotte A. Stoeckle as evidenced in Affidavit of Facts �, aeE,t' {' 1 ? t„ 0, J ,1' «'14 ':=1t= '` f�'";l„ r, ,t,t E4 Sa „ {£ :< ,'+ n `t1 sly n9,i., t t r „t s 4A tT=13 y, , 4., 3e 'N9Rd t 34t{J>4><`;¢r¢`4141 ,M1'4„e re'�•retteri t<> Xnattotsu'.t't ttI' . AP .a€ r p awprpronwPxwro»r n* Ry WV Concerning The Identity of Heirs recorded in Instrument 20720720000887090, Official Public Records Collin County, Texas 7 7 ,tt4,j frr = = ht,1,'",+• (,1 Y'fdtl" 6 +°+AONS`b'aroCvry,nlrs,,A.ryatNwW,o'VWPr ,r�zr}) r1,1} zr„4 I lit Jr,f}, tldi i 1 r,<{,y` fy ClCy�T R t )' 0 tinttt`j s,J{.i" (OPRCCT), and being more particularly described as follows: I 14 0, ...ill, Stit . - JI(tGLI IJ "- e '414 L'r }r}r0„„KIVIX .�.. ._,..,... - - _w,_ ,. .,m..... _..,.� _ aA #�,Y =tf,tt,l, +j<, ofJJilrt t2t§, ya„p• ._,,. .. ,...,._v.,-.. g p, ,i Lnriwawktort tssf ttewtheMmwmaNGe Wegma £.'y;' ri54iaatXtawstiftwf wksAMMauwtW333/ /MeafinrketWAWASTISgiw St4'rsr''=<,P}J1,i { BEGINNING of a 5�8 inch iron rod with yellow plastic cap stamped "WESTWOs PS" set for the northeast corner of said sJ' ,<, �A , 'S1o°, w,YA 1£~');i t, 1' t}t, /rjJ D=o4.49 37' 1 Stoeckle tract and beingin the southeast corner of a tract of land known as Westwind Meadows an addition to the Cityof a{tt ,,i t}},{$tr.<i' `t(bbtr^nit\,4ztOt yew miry 14FS t1{$,9g(tRAARrt`041!'Ce)fr; (iec ,c,ttstrt{t iltit�tt@tta4tR{I $titt8"'rtttrPrtWi({� '4}t{r ttutl§,t�fSf'�}Yita w7tjr l�• s'(sFrzFt)fil�f'%its4`I}tFE44in4 r>,f� {£{{{1r,Ur a^" pt;to Aar 8 6 ibis l,trti{},}r i,�t,f }� �4� f, ) (t5� t` {��4 ,t,,i j;;£' {tr#4 Wylie accordingto the recorded in Cabinet B, Page 205, Plat Records, Collin County, Texas, and beingin the west .. d ,r£, a; a I-,A , f, �< R=2729.49' r 4 N' plat9 41,4e °i ' 4"{`• g�' 1, {s..r S,' , r T I r it>, 4 4i „rt 'I t, right-of-way of m 4 4' j>r` F CG 9 y Ballard Street (Old Highway No. 78 a variable width right-of-way) and the beginning of a non-tangent curve -"` L3411 t{ }{t' 1 4'� /r '+ 'i4 t =, r r Iv; 'T'A L=229.95 to the right havinga central angle of 04 degrees 49 minutes 31 seconds, a radius of 5729.29 feet and a longchord that "' . 9 3} ,l z,( ry ',}5,` 4 1 eti ._...... ... 9 9 9 y p 1 ? ' ' •tt 4, 14 < 'F r4 444,1 0 bears South 02 degrees 53 minutes 48 seconds West a distance of 482.52 feet; t,tl„i" 'e�tti�"247{krt{j¢r F` r ` r "•i ill it rr ; r;ier:' ,1.J.g�; (r�� ti�; '„ 9 9 1J i}ny 1`dya== t tr < Pik, , i'. t t}r«t•r,<,''ri4r rr,tnr't V i t ;'r1; {{>>_ `{rat t<st ` K,, it 1`s y, y CD=229.BB' U Or/AP ff 4t„t ''''11 i,yif e 'T At i '31 1<,r '{' ,t 51 t' ', ji1` t Si=�nt Y i THENCE along said west right-of-way of said Ballard Street and along the east line of said Stoeckle tract the following coursem_ -- �..-. - ...�--. ►V�sa 7 ,Ill 16;I s 4, �'1' 'ISf C8=S02'S3'45"W a 5 8 r wand distance: ;V'YhQ 5„ t1#:��g t4 < i+J t, d �,5'rt `Y; 's) 1,1 f>rr tr ,r3 rt a j ¢ t;yt rlrwl t, 4, >d'ro =1{p, t1,=' .,�, J °£f S+r '£ sr 1 $"8 ,r Y 1t'9'r ' Till t „ >t1 I F` t11:'t' brr ,•r awl ' tta=iQ jab{'bt=,,,5;`k „r ^•`-- - '• -- - z Along said curve se the right on arc distance of 482.52 feat to 0 ve Inch Iron rod with yellow Plastic c f stomped i 1r,f,"li ')£`t=`rtr't'I{`f{ 1t =r r„'s„ t ,g, bt=,,y,'<x==» r,,,t,= , ,l 6,, Kryts'=, 4=ink •"M='trb"t,,e tmv 1e Jr t+"pae ,r,"t.t' 1J v,=,r>r r, iF` >" '=t n '+„ r,4,its a' i 1 n= r =, ,r mS} , I .I Q I """`"" ^^^'-' ^^^ ^�^^^ 'WE$TWDOD PS" set for corner, and the beginning of a reverse curve to the left having a central angle of 04 degrees 49 10 10 L?>;F'rjtt.;£ftti'iZY1t},ti, r,;}T= _ ==,<w=p" ,'4,ts,111 .rAs," =:n' r r.«r>`a"r,t) ,y T 'l4Lir, }��'TS t1„�1j r tr';p�v}1�rt 7j{.)fjtr •{ r,, 1r�{ r,{{4 t} t.).,,. minutes 37 seconds, a radius of 2729.58 feet and a long chord that bears South 02 degrees 53 minutes 45 seconds West pgt1r itt,{ ,ttkldalT I rt 1% t, Y 4'r, < . r, n, j d tt { ti i4f rl I .....I -..-.m.pfs <, r, , ,14r, St ' f1 "{}; ', ,1j ,;,i I f£J " T 6 6 a distance of 229.88 feet;f iy oi# 4i yr,{ F{4' < 7 ^ j < Ii Along said curve to the left an arc distance of 229.95 feet to a 5/8 inch iron rod with yellow plastic cap stamped l,is`ttr tJatb,=, ,,,,. �, {"{} ,=t<r ',, ^ "< i^rz )) it• 1;�' I1 J1 si 7 } 'tt` 11, 1 I I i '"NESTWOOD PS" set for corner,n ,r,, a ,,, .rt n" , r i ', = t t{ j1,i 1tWINDCREST DRIVE g{' �t=+, _ A{ y { ) - - 00 �" t'f1 r{ t {f , '{ '1{r°' i;3 '{ t South 00 degrees 28 minutes 57 seconds West, a distance of 132.20 feet to a 5/8 inch iron rod with yellow plastic cap ea.as s." � t t`> 3r r; 11$ 'I SOUTHPLACE ENCHANTED FOREST DRIVE j t+J lY t,al4Jrr4rtt fr,ckt"taf1clI t5 44 , d Ai` ri>r AA 't ,l} t„ t ` i£ I it V , 1 stamped "WESTWOOD PS" set for corner and the beginning of a curve to the left having a central angle of 03 degrees I . ,�, » ,1, ,4> t 4 >11.'( 't4 111r'' 4 sr, `t Ir 5i1 O 48 minutes 06 seconds, a radius of 5830.00 feet and a longchord that bears South 01 degrees 25 minutes 06 seconds r { 14 eta r, kk ,,ea r r.t„ 1 z ,4;' 'toe { 4" 4 , }1 a 4,, ' .} ,;,,_,}`it-AAA ,t"tr t '( AA$ tts$0°"C' ,, f ev ESTATES PHASE VI - 4 - 9 i g ¢••=r'=,=Sr = == I„� km-.A,P ==' or =a 414 Wea,•`ttk A"• ^MIMS NITCIIIITTS:EEITIOITSIMa m'b.' IMINEEwIONSIVIAT7 N vZR ba F^.wa,DISTV.au"nMMr,t,NI ATI , ITS I East a distance of 386.76 feet; Nil t} 1{e{,, r q=,t r= " ,=<r�{ )te4o,r,r y=,'rm ,r*„ft ,°Ji;=` . c c C _,- ^t,»)'b4,r . M Book-Q Page-411 Alongsaid curve to the left an arc distance of 386.83 feet to a 5 8 inch iron rod with �;$;=t+, wit t,',= t 'r,i f�� ;J£ 1=3 SI '{}1r�£1 ' STREET is t21,tt',li'�t'ii r r / Yellow plastic cap stamped =•er) o ;{, y{r t ,vwr..PAL.;fl %'','®+„",Am wCP.dN,"Wn era*An vt 6t st•K/TLt 1Lo Iafl tta..9se„AAAIAL rMTIN ALA awuvalKA• fiii{ll�Fg)„,,, L i i i "WESTWOOD PS" set for corner, and the beginning of a non-tangent curve to the left having a central angle of 01 lit *4tert , rr t,n„ 1 }„ „� Al, ,= »r I,t 44<f£,}1 t v 7 d. =r 'i Ip rit ,r1 tl �t12f,,+s ns);i, tif{{$4'211°7�=+${;�!h{(Itr'e�htt vratti( �lttt",t.£< £r£1)' E(fg;rx+=trrhltl<Ct}pj t'`4emrrll�{j)r;{tr; et1F;)rr d,';itbt•t1; 1 2 4 3 ,J 5 degrees 13 minutes i6 seconds, o rotlius of 5830.00 feet and o lonq chord that bears South 03 degrees 15 minutes 56 ,1 = 4t,t<F. r' r *, R, r= 1 t,=, »`%=tr"C . G I ,' ,r ( r >'i. , m M, seconds East a distance of 124.25 feet; op, # u' "_ t tr=,='=r'•1s"q Test,' Av, 1 „ `a t 4 Dr' i 4 Itin eLn -1 O'}< AIR ?Je�'• '4eT1,t' `,s0 {,; ;'srpi J ^ t i �= 3;' 7""'"' ro J I 1 Alongsaid curve to the left an arc distance of 124.25 feet to a 5 8 inch iron rod withyellowplastic cap stamped i }4 '3 t, ,< i ,t tl A"' / P P Z I J a t h,',,' t ti<.,; :J 1y ;, r t 1$ '7 p .m b Q I I l "WESTWOOD PS" set for corner, and the beginning of a reverse curve to the right having a central angle of 01 degrees 51 i£r}, t= _ _ "r°=`'Sr=j £ t('i 'AA 84, } ,{' s „f ; i' rt1 p r ''' 4re:artaPak*Noman Q „1, O CO ""' -'. "'"..-- -,,,"_ "F.».. ........... .„-.„„„ ..r .-�^„„ „,,,-L. --",-^ minutes 51 seconds, a radius of 2000.00 feet and a long chord that bears South 02 degrees 56 minutes 38 seconds East } 41' , 1 xi t,'°, { tr,.t .1t j', 'r:e. 4r r " ,t' »x d: vy } t7.! L trr 4• t,',6,).= r4 , t.., '>,, S =,u ,1r, k'i' rn, r Y < 'I}7 a distance of 65.08 feet; c, § t ,yy ZPit,,,k=r,=,w,�,,r= $0}I,�z=„Tr,,,,r„30 k ''rertzf a1Jq „$$ ,"` fti), 'r'Jr` ;k#,; lt c 0 1' Alongsaid curve to the right an arc distance of 65.07 feet to a 5 8 inch iron rod with yellow plastic capstamped yJ;4 ti r Y a i , T, 51 ; ,,,,rs II . lit}{ ,l,f' •}i d k.z=, 4141i�i .`i , 4rr„tt'rt�£i4=4r tt1,'4,`a, r,t`J4#'<art,, , 'e'};I „ ,6 CITY OFWYLIE t 9 / p `"NESTWOOD PS" set for corner, MILFORDFOUNDERS, LTD. tt t tt k v'' ' ==rt,vt=a''""'1J1 fornw F�1,'t'=m=ra,"''""r=t=•v4"r=-"=,r12f VOL 1053,PG 176 THENCE South 45 degrees 00 minutes 05 seconds West, departing said common line a distance of 23.57 feet to a 5/8 inch 4 k _, -,,',t,tt ,;^i +s5'#,E1` _ " /_" �l{ 1 K, 4z L " iron rod withyellowplastic capstamped 'WESTW00D PS" set for corner and beingin the north line of Alanis Drive (60' ROW, VOL 5549, PG 4484 G;`< ,i t ` E, t3;=,w=F<< ," ,r$4�1t{Faz,4 ,$) tt=114.,tii ' W t' ,{1 f,= ,:, ",,,M"q 1",'t DRCCT P )' MRCCT `' 1(p {�• fi }t I` i' '1'rb 3 ''1 " '°`°B' A.w'o% - "fi '°k- e THENCE South 89 degrees 36 minutes 27 seconds West. along the common north line of said Alanis Drive and the south line L(ab ' N " `g (' {sr �t F1 r{, '4= �; `5 4 / 1° J I of said Stoeckle tract a distance of 836.00 feet to a 5/8 inch Iron rod with yellow plastic cap stamped 'WESTW00D PS" set r I r,r}t�; 'r4' t 16 a $1 t r ,r zdi` u , ; r, 1}ji r, rrx,,, „ `_, J, �i, .� AVw'" '^wM1. D=03'48'O6" for corner; S , h , Mr•$.wr mr '.,t,17, ,,n>' a V,' „ , ,r, ;4,,3 I` 'ft '` ..(rQ iVri') e` i t " 'r't t" 'F'rT4iz°"1"` '" ' =e)7}} ` ,,' ,z'> R=583D.D2' d 1HENCE South 89 degrees 34 minutes 25 seconds West, continuingalongsaid common line a distance of 298.51 feet to a 5 8 s ,{ t F ,t ,1 r I) 1 4, '',t,,,a 4$t ;: rot tlm°d. 1 9 / }ts Y t, r }j } ' " V" 'z't,'tr inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for the southwest comer of said Stoeckle tract the same 1}l <, IS tt t1 y< Jtt )4 4 �tiw It ogle a„t t, V L=386.83' r,r,;ey,eel, ,,t,r,tr;,` 4 L( �;y , rrtr >} 1 „n 'n being the southeast corner of a tract of land described in deed to Danny P. Sellers and Marion G. Small recorded in County }}S}= ""tr,t =ten" w 1,J P. {= F S _,, r i; ' 4 t z•J,1 4 1'St CD=386.76 Clerk's File No. 96-0104910, Official Public Records, Collin County, Texas, and being in the north line of said Alanis Drive; IT1L , t Ir I.. ex I, t, s` L s rr ,. t, _ . Y,=t Is I,s' ss 44 t=lVt§1z< •G^'1Rtitg= _....- ._.."..,. I1' ` t,= 5 rift t'' _ _ ' t " r 4 zit 1z { CB=SDi•25 D6"E " # THENCE North 00 degrees 44 minutes 17 seconds West, departing said Alanis Drive and Sion the common west line of said 's}} T a tt A��t`,ir`' m1k +tanttrr,e v4 4P `r'a,k, 1 yet ,r`4j1�F,ttr, e ., , , `r,i 9 P 9 9 � tt t, 14=e d 0;t, i',• i ,j+;{' iv "1 ,< �„ ;rj.11.{,, 1 &p°'°t, =}°4Ty111„ E Stoeckle tract and the east line of said Sellers and Small tract, the east line of a tract of land described in deeds to Milford L 1#' I t % 1, I {i 45, t! ',1 ,' ,7 ' irk, ;,rk N 2 Founders, LTD, recorded in Document No. 2003-0228819, Official Public Records, Collin County, Texas, (50% ownership) and C • tct t, t' , ,'41 ;, s;, ; tri '4 ` '{' et tt r? '~,1' I ALANISADDITlON tiit={"''`z"'°4<'1 =$Oy 1f{{{1J')`, 11 ,§ t tnA• $�,a,=t tt=, t rZ= „ ,=t z� . ,I)i'i't , .,4 v t`r' W ,' 1 ti >r Freshe PM, LLC recorded in Instrument No. 20140714000722710. Official Public Records Collin County. Texas. (50% ownership) t`1t 1}r t�1ia,s, ,=n L er gr,1111};;', r"+==t`,rr r =t` 1, } L '' t=, ,, =h is aft > , E}r " t BOOK-P, PG 287 and the east line of o tract of land known as Westwind Meadows No. 3. an addition to the City of Wylie according to the plat 22 ti I{ } 'p)%N I 'I,ri """'r°4 •r ',4`Jkt{tt}fj �4', z£1 r`r' " ;1{jti _ ¢�y, ,elf'=1i" `t etPage643 Plat Records, Collin County, Texas, a distance of 1442.83 feet to an "X" cut in concrete II ,tA, ) § recorded in Cabin F, unt =41 1## „ i '} i, , tt1 4 4u.., " s 4}`4 1'e = 4 I D=o1'13'16" set for corner; . it 1 1u 41t 35' t ° § n+'i 3 m '�".„.#,. fth` L$1t, tyf;;it I < ,`d ' _ ' t t rr ,�rY r ,�' _}1' 1 Y w �f R=5830.00' THENCE North 89 degrees 56 minutes 45 seconds East, along the common south line of aforementioned Westwind Meadows and b* I = ,J= r7r="Tas=r s i v* }h it' a ,,slifi' s; „ t{r,"" _< , '" I in„ o , r v", r 'r r"e S , }, Ii= r "1""T . +2` e =a'1� north line of said Stoeckle tract a distance of 1183.80 feet to the POINT OF BEGINNING and containing 38.116 acres or ,t{y „ .f(t wily; tt ,I, t`"rii'� t = ta3' 4 , '` ,�nt�'^• c445,, k i , i AL F,r4,a. t ,go/ L=124.25' �f ." „} it h'4te. f`i ' {�;�F 1,660,312 square feet of fond more or lees. y tr` ',P' y 5 5 INITI TED ✓slaw.rea INAKTla'�mn-a..'AMAmEM IL crwl^. 'rs7`k1 r.))1,g"? 1,1,<csiw `"t .,`}t{F#{„ ;n r ,." i FE 1 < t,1='' Ir ,, CD=124.25' }i { i{ 'i}• t( 11`I,,sk ,.y`1/„r`: � dr' 'fi",4ft�) it'e ;y £Jr',` 4, >},.�t=r',=t �g lin �g4,3 ,` t= •w,' ,tr ' tY: , t{N `t1ttJn,e;i',r ""' STREET irk' • rtt`,rl'k ilrr ' :f ' =503155 I ,w,:a" pal} }i "trri;' Y '+ ICB 6"E l F,, , c < , 4 =,t ir,�%, war,a7.mas9xathkamNAA lava , igTr1, Y. „ t1, ;i' rr{`£e,y 5,' 14bf,. r , 'e,trr' i41 ,r Jrt v`•'1 44 n 7,,rX,ed=wataenvew.mranw»stlds,, 1i.,>tr:z' 1 `irµ`f`, tJr zce,s t A, 8 FIt' ,,,'tr, �Mxrr i tttttttrtrttrt't ,1rt,,,t t, 1 i= D=01'51'52" fc Pif ,r rt{{143 s,t, t,t ;;t WI'," ,:w n 3 f r '`i' e„r<r is ,fir' }, {I}1i{=1 r "7,.,, et 7e <,1 , \t "h , , S ,rzJ )r t, £,4, =,ri `'t3 ty )ate 1,irk= 4Y , I ,,,ti , ,t}t� n �1`1', ' =,t sF,r",r<es, ''ra1J yt,"' far ,t{;,` F£,a At , :, ,,) ,Ir £ ,r tt F ,r } I R=1999.B7' I @f`'4,=,,<=orz, . e, ,rs11�4 ' "f' .rr' <,r"t; ,, i14;J< <>,1< ,i's•, "r'. .t.S it,'tt it ir'Srr �'l, =t,,>'tr,}44 L=s5.o7' I EXHIBIT C L siv , '` 1s'< !' 1,i, 1t 11 .,% ;t,1<<' t',r, CD=65.07' lii If"'CIF' p1{t }; ;s," CB=N02156'38"W OF y� t%i ii� } ),�, j t ft =ri v,U t'i,}'S£d ' J � u.`4nryJ,rti ,",, ,"ii;1S„ £r,ri rJ , r,l<< "`v P'syr l's\}g,:, rd erl} r„ ` %' ';Et id =<1) sF3 II Yt 1i.k1�±„ .,`,i Fr'�l1tt ` e,`*,i?_ Ii k1i 3:`i`t54=, tlmdl ,v .1t�.tt,4A= I T 777�� RANCH M6"u^t n,^ o`riN*"r1'mNr =t. ,,r„rmaam+) n„aawC �mw'lr:wr 'NaM.PO•,.r,aa..'n ^b'# d'nnT"w%AN°0^wv Awu"vrra=1;Sv5' .,,;.o a,..."3`r-- .'w' wo..'a.-r!•r,,..em',,,v,nu,'r, 1 �� E 1 1l NOH 11 r, t ,t+n{}}=i {rH;,, _ „ ,i ,r. ,, • „ ,i. , , e L sasoo`05'W ALANIS DRIVE S893425W 298.51 S89'36'27"W 836.00' ALANIS DRIVE 23.57' OUT of THE - - E.C. DAVIDSON SURVEY, ABSTRACT NO. 267 I I IN THE 2 1 2 3 1 d 14 2 CITY OF WYLiE, COLiN COUNTY, TX O € JAMES AND ALICE STEWARTADDIT/ON JOSEANDNANE7TE BLAKEY ADDITION NO.2 BLAKEY ADDITION NO. 1 c BLAKEY I I TWIN LAKES SUBDIVISION OWNERS ' lrtstr.#0081726010004710 3 0 RESEBD2 4 7NSTR #20120530010001220 /NSTR #20060427010001650 I Book-G Page-561 n STOECKLE "e- e.,e. --- ,, . - `"".u. -"�"' "' 'I 0 VOL 3378,PG 427 , j VOL.2390,PG 66 I HALO I I E A. STOECKLE DRCCT. P.O. Box 449, MOUNTViLLE, PA. 17554 DOUGLAS PROPERTIES, INC. 2309 K AVENUE, SUITE 100 PLANo, TX 75074 972-422-1658 ENGINEER/SURVEYOR Westwood Phone (214)473-4640 2740 North Dallas Parkway,Suite 280 Toll Free (888)9375150 Plan,TX 75093 westwaodpecom Nhsty ood Professional Services,Inc Survey Firm Number:10074301 38. 1 16 ACRES 01-22-2015 #0005137 ©2013 Westwood Professional Services, Inc. p� —fit H CREEK = o r WYLIE • i, all :UT ER, °°° Pc R �/� o R,n�E s z � � � a F6xwfion }j y ' 10 411;Lelinrell }E9iHER wn'i0CE 1. II ' ' � F-�""� 1 �J44 ST N �RK 3 Atce 3 q AUTUMN ILL STONEYBROOK DRIVE CLOUDCROFT DRIVE — — 1 __ _ __ _._ ImW174'1? £ THOMaS 7. IWESTWINDSMEADOWS ( ° W E nweuI— I PHASE 1 II 1 O 20 III1II .. Ptids� �TONEY BRDIIK�� DUNCA Book-B Page-205 „„„„ „„„,„4 .„-e „.,,„ -...�„, ( > 2 3 4 5 I 6 4 7 4 8 9 10 11 12 13 14 1516 17 18 19 ��'�°GRAPHIC SCALE 1•'=100' 51 w La 1 21 W Iv.., .,..,..... WINDCREST , - E IdI sittkfcbc""1 "I SUBJECT 100 0 100 200 -N89'S6'45 E 1186.701— —` — — II I 2 a E � : +Y t ar Y!' T Di ,�• :..rue, , •rs•.. , r rr o w,,m. . . ,. . .ra rrrr££ s,�„£;,,,r.,n:: RACT Al {`: t. 'PiT', , , +` l` 9:„ •llf� t,t„ �h, RJ l4 55 Pi4 , rtt, 1 tN ( xs{tn'Ss'i 'R4,,s n, B ie'1'br£ABA A ,yar;23:•Ttl lt7;£,}£,rs�f ;1fJXA 4,s i�Sc V1«a'• rz,£xk {v,-,ra tS? 1''%f,' 4. 4“''' }t, )„,-`dA' 0 ,ir>,r''' ' ,'•`'£ath'0 ,,,. ,tis�} Yr.'£ID�4esany£+`*an F'<'''\ *''' 1 �t{fa £t;ir''It',/£z,,f»St.a£5 . :z f 3 't< £,".: )17 a`' 1 .i s'S2 ,If, ;,. NV , r. .m:/ ,J,f ;c �e 11i' trf, . 's, t;+, „ 0,, i O 3 ........ m 1 qt} '£:;y'L ' ,.1�' =4�,• < S ,>' W. 1 £t £ a ;' ,;1„ t >f I / {,` 51 >, r I U g ( In C0LONTAE ;f/,, I';. t,I+ yet 1,l i' ,`i; £ '.'';f „1-I, £ ' `q ,4 k' ( `': r,4 y,?I`' ',if h r ..,._,.. ..�.,.,.. ,`t, it?i., j.�i, a ; i tt ,{/•�Y. '/i 'J��l£i, ,1, 4< t`t.i'' l •.i ., `L 'j is ,(� 'i 1h !tt i-k. _.«� 4 � MEADOWLARK ELM }. , df, £ i` 17 7 i,11 '; ,£ s is .7 >./ #`3's a£I V.,',^_ £ £ ,y .:. . :, t3 3t3 q;1'1(rY '1'`'<r 4 :, t ,; 'C y :,�,:£ '" ££4'"a+X , Ur` $ 8 F'`r' •. ^` .,1. 13/,. ,6L'.'§ t( ',', ' r'c ,.s, ,.r, �� I',' , 4 i' 6 Y`d tam. . , M 2 I 2 3£ r).lyti. .:.y.R& .k. / x 1�15' b e„ i�s,:er,:;' , < t; t. ,a(r, , �4 }.,,,,., 4 ........ ......... ......�... c }4 *****, ,****N'tkN^@rocw..d*...b: itJvrntirc........... ..... ......ro +Vwcae%wwsbrva mm....ors::MMffiM',rrNbY4NMh #Wl,aaawMwuwW"W"'wn&; 5. +'� a t. 41; .__. --- — WwwH' .MNN1' dY"mi Y+NVMpM'IXb{}q�' ".P 1 f 313st £ , V STREET z",, I w SOUTHPLACE ESTATES O ---- --1 t. PHASE 1 ,'1,'I µ�ix:pWO:aww¢m+yui*M.^t-77wfva.5 ".,HtitR 99,49o,4499,,weir'M'As.4,00,7949.499,,99999,494994944Yitzt"#A fee, Wi::uSm<vN':,G0KKYm.:x�i twwefit-000tuizu'�Wr,,0 tip;,?, ;h v> :,,3,,T.••A O !: '#: .wfl;'•,f,kK y'}1"r {5}u\x\tilaR£tt S`>11ti f;232,gR,,£} • tat\nae45tt4 ' �vtntatTt Y¢;a<T„z,:Tr,i. 7;dww'r7i,y,q kt:eTn:gnTp�i,°i r':�„�vq £k�j.,^rr�s�}gr,:caiTq¢YPtrvaty, '\}Ctt Sw'$mY{\}} ' jF?rp't"� �; > ,,ww :., v Book-KPae-481 Allikk 3 3 S ;r .,( �X 4 {7t \ , Ltt 2,tr. t 7, mi ,, tk, �f,,I04', {' r''31, 9 tfl' 117Ih;£ :4,1 {L �.t1t, �£ �It,€,' ) WESTW/NDS MEADOWS NO. 3 't. ,¢ t, 1 ; r1?, >• `, ,. `,,;7 ‘4* ` ,;s,:, =y,P '.' ,�tix .t _ 5 V — to ,•k;Ts , ;1/; >1i`' .1. .,"t 1£; ,. : t : I,' D=D4.49'31" Book-F Pa e-643 .. ...... {P�ti' „, ,a:,t e .i`,1 ,,. ,a;!/,' ?, %d i£a 7�g 2, n 7: . ,ail, ,o-1, ti ,f,',r` ,f,lt: >I :: �' al•./.,,.',..;, ill 4 M.R.QC.T 4 ,,j� . ii 147 , f; £ 1 •n.}/• gt', ail1 !'i},£ 1� 'i,t`<. `, '£l a' t£ r, y r... , �. ' ,. .. :r;R� gkg• VICINITY MAP �!,t, L=482.52' i a�, ,•:+ fl ,1 •I f: '•„ `,1 ,' f£ f•,,, it ; }+„ :,';/„ ,,,,. '`, 'k ,j : N.T.S. .._. -,,,...... .. I 1 {+it ,#y; i £( .f}'p 'il , ft R, ;'t,:• 11` -4 b <, ar`'t/ . ;/i`<4. ,i''"i�, l;Inv"t nsd`8; :,i/i �.1,, i,;) ti'rv, �,iTJGt„ `tF`4, a'f,l' ,, a',)` ,'4 F'i`r., „') CiD=482.37' ,+''" Q :}i{;r`a 10l (CL£„ :.4.1{I(L 44„"a,, tJ ., ' `:flhrr ,£ol',: "t\:I :S`5.,,', ,i1511'V'575,t .4�5 7 £ li0 5/ P1,7,,.,£lkl l :',4,f`,$k:ly,,,t�tl Sae .k.- ,,..,i4}� t/ +" .o0,, ., ,C!'4 ,. ,,,,,,,.. „,,.,,,,, CB-NO2'53'48"E s £ If P w{,(', ' £sP'.(>:xa hgi'r`t<t 1*i ;r., VSl . :.,x . , 1 &r„ 4 o - aril' ^,, ,$ ,, „ `:o£t,`. f£,r,,,,, m{. ,, :zr,L, , 'r v,,, p 7 5 ?i 5 £t } Pr In y t }alar,#. ..,1 £ x.< .s ££L. ,}{. f;� , f r >14),{fi, lug*? ' Ff;, ,, j; .4<' "*y ,,, ,,Pt/ I I � 4 I ..m..M .._.m.. I :` : r7 ' t. 1 ££ £ l r, r. ;:t`I tie a f ;./ 1 r ,is: s• r.,,r,} , i ,); ` ` f : ,1 "> f,;; f+ �' , i'` LEGAL DESCRIPTION :ix A1111 a 1/ 4 t; , 11` sl i , ,l 1 1�. ;4«; ,£ 'lt T �'.w s<; o ,. at' ' i t " a,• £<, ,. /. ,i`I ,;,+' ', ^) u> {;'?: Lt,t„:,,,V,•,.,';< 38.116 ACRES k. ,I,p4 , $+i, t,Gi ts£, . r, 1 £ 1t,, r`:grci \— / 6 N Iit A ' _'1 „„i 'ei11r . l' ,.z i`: lb 1, , t a1' Is'Q t,''` '.'i 2; ::{ . i, ,i. :..;., ri r ., ,=1 Being a 38.116 acre tract of land situated In the E. C. Davidson Survey, Abstract No. 267, in the City of WMie, Collin County, t ,' `�,;^,a%'°,`';,,=,'if' It ''' `i u'rl '`,}``*,, ,. ' / '1`I' . 'A "` , i' }'* .,Sri t~}', `/,£'` .,t£ '= e� I Texas, and being the remainder of a tract of land conveyed to Charlotte A. Stoeckle as evidenced In Affidavit of Facts a t x r, I rt" ,'/ j a}£: �Co-'„'1•I,k ,,,,.h^ Y 71 t, ,,:: $, , $S,' h' 4y i:v ,,_„ 41 , „, ...$ S :,,tie. `,e`}§q rt t,r k "E .', r;£•a.,,,.SP,.„,"., t„tk {{,.i ! # ¢• 4ittl4 g{��,N.£, J`tf. ? Y ''fi,£ S' Y 3 t 7, 1 Alt,=; . .7bik Concerning The Identity of Heirs recorded in Instrument 20120720000881090, Official Public Records Collin County, Texas 7 k� v e�� 'PW��+W'eOAAW '�'. IatPK W4y,W�'A1g3k ,k n ,tufbii � 7 u tttii }I ,r,/z,r., STREET D — .,,j14y;,,±1, } Y s (OPRCCT), and being more particularly described as follows: ........... ......„„ ..-..� ,..-..,. ...,....., .,..., i f,.. ', ;E' 4 t, , f}ii, _�� ••?Ia ft,t?"t„" — ... ....m.». ..m.m.., ,.....,.,.. ....,.....)...,.,., .,i 9 �.,, Stoeckle t at a 5 8 inch iron rod with slow plastic cap stamped "WESTWGs Westwind set for the northeast corner of sold dt, I Ye P P s'{ :(i r:wu£,rtu�„..a,zm >: , ,,, s , 010/ ,nc V n„n,£ynn„ ,zh£o, o ,,,r,°kR,t :01 ''w•o„`£ „ D-o4.49 37' Stoeckle tract and beingin the southeast corner of a tract of land known as Westwind Meadows an addition to the City of >>1 f P7rrr a,:;,,,:aaig,rn,,.n,e[n3Ti) try{t,n ttvttn,r,31z,£,t,{ ob?}tRv, ft£rt�£}.;tiSi<p`67rv1f51 )i?,}GtttttJJt�1;g2:'%}ts sl.,cj411�y,4f,..'>..r,IkF4 (1(}a•,n;=.oit,tf{ •ttt>an.}c q %,I rrtm.,: 2,t$ .};,, 4 Y 8 8 F. '{ , )}' }� / "i.,,,p% ,1£..Y` J1 t % c 11 :3 /£ } ;..I 71'�` '4r1S'4t1 •£'„r'r, t, 4 Wylie according to the plat recorded in Cabinet B, Page 205, Plat Records, Collin County, Texas, and being in the west fit, t ,tl4,tsl'1 R=2729.49' 1— �((it ytt, ,-„� ; 7i, ,,'1„J V. �r, ,yt„ ,., ,3 ',i 1 If y2 � ?� ' }y j `£f+,,,)dil 4'� cc ) 1— right-of-way of Street (Old Highway degrees 78 a variable width right-of-way) and the beginning of a non-tangent curve "`""" ""'""" "'".".. """ .m.m.._ "'"'""` F, ' - of 5729 29 feetandchord that U /t/ y{.,� „1 z ' /, Iql of Ballard < 1,1 Ili I, P 7s j£r£ , , L=229.95 = ,., to the right having a central angle of 04 49 minutes 31 seconds, a radius ee a long c or a 3�}S�`fa1'""'<„'"".""" ' {f I1£, ii' s °5 rt:., :rl i't ;'SP; '1 < £''a ,. £, -.- ..-...»_. ...., bears South 02 degrees 53 minutes 48 seconds West a distance of 482.52 feet; ,;"f„' t'>"•:,t 't i.b.i... 'i, .s, ,;t'a$ y „ .F S; .1\ i ,! ',.,,r :> 4 ?s' ./} 1£ ,a P� . t :,:i VA: '10 CD=229.88' �..., ,,.. g 9 9 7, ^t ,f;rr,,= .,t.:dr,,�.,..,,<,,,t>e/sl p(aJrl„�Ts,....,,rcrogN.fio�,g' , ea£�, t{., ;,4}.' { Y .t #�(;• <�, F< 711 1£� "#;' yi s, '',•?` ,.y, i• .,/,t 1' i,, ji lj ,,.1 '4 �,,,;'� +"{1( Y , THENCE along said west right-of-way of said Ballard Street and along the east line of said Stoeckle tract the following course (_m_ iika'<s,:,,. :>,,, ,, .. 4 a / }p, C8=S02'S3'45"W 5 " ,+,�""'�' 8 and distance: ,,...,.,... ...._i .......... ........�. .....m. 'ikFr. �....fi..g•„,. i;.+:IA '£ „1 } ' ,i ,t{i�:£, 7.'#.;;. . . ,ti'/' �i. .'}.<>,: : i:, a„,�7t&:' tf;AIfC' ,,,'.1„},,, £ to 4. S, In`,. ,:1 ......... ......... .....�..... Alongsaid curve to the right an arc distance of 482.52 feet to a 5 8 Inch Iron rod with low plastic capstamped f" .lt' .. .: ,: rt,. ,,.dat,s. ,t '. ,:u•+.t; L :,,b' d„}" ,etn 'm V . ,. ,�..„ . s .A,,:t/.41V,a,..•.,,i<t:I r... ,e'£}r 24,67,,,,00„, te.;4 i , ,y, I 9yellow l P ,P, t £,.£,,,:3,,1`.rst,•, ;, oily, , .: Ht,.,, 1 „pp>:r, lfs£aq; q-„�, ^;isr..=6i�Tst�P".£/`? `?Ili' t�i53CI^`Ic,;., ^seN .r£;`}= ),„, ,D4,,4:,,w:,. ,. a?o ,)1 - minute 37 sec set for corner, and the beginningead of a reverse curve to the left having a central angle of 04 s 49 10 10 1 is v =,:{I"' t• <' ,:a.,,..,,;.,'a,# Err, '.,{o;SYT., i'l it,,.{ , t ,yfit it. ,? .ti:I, i,E,11£ ,£{riot:•a..,.,,,,,, r.#,,...,r.,,�,. I ,a;'"",'" ""`>'' ,t (t*" .t ( ,,„ 4, 3"' `4 �¢ 41" 5 11 :, 1 W minutes 37 seconds, a radius of 2729.58 feet and a longchord that bears South 02 degrees 53 minutes 45 seconds West £1, jt�/:` .'APi A' 'P ,tor" +, ',d' "1' t,{ t 'i;,l, ` .' ` / '` L_ r t :,r�: } iij %I I` li#{: tt!,` {s 0 ' :',.,14 ,:,1 W 6 6 vi 7 a stance of 2 feet; 9 n �;'�"r_'il ,` ,r .r +'` ` rrt Q i di 2988 f t YI •' ' ' { ;£�' Alongsaid curve to the left an arc distance of 229.95 feet to a 5 8 inch iron rod withyellowplastic capstamped ; m;wraa+ '', i, }{ 1,.•` ,/t ,< '. i {7 >t'` t;"t` i'4`,i S}:,.' ,1/ -- j; P ,,:PI' 1i u.r brf s 8<, :' c„ , r `; J, ti f',>. {i ('t,� ,, li£ to £}; 4 I- ' '... I I "WESTWOOD PS" set for corner, WINDCREST DRIVE ;,'•,,' �ti.:,17}qq}s',:.;:.,_,..£..;;,is :,,.,,, 1{ �i , �I'3. �< �i.,t. + 'c — —f — ,ywu 'li:£„ �� ' £,;' 1 ,T. `' 1 ,£ ; '• a i; §1 =1)�:, South 00 degrees 28 minutes 57 seconds West, a distance of 132.20 feet to a 5/8 inch iron rod with yellow plastic cap — -c £, / :1`;i, a,ti t.7 • ,1 ,tENCHANTED FOREST DRIVE�Ttiggig,rrr,:u£s o,n,rs.ngLF { , }';+ ',/1,, `,i pl ,/// .>f, / r ,tq - SOUTHPLACE stamped 'WESTWOOD PS" set for corner and the beginning of a curve to the left having a central angle of 03 degrees M ,If, i r a,5`i/ ) ` AA"*,' ��,��.)) >�1;,,, ' " ' `J' 1'• r, t"' 48 minutes 06 seconds, a radius of 5830.00 feet and a long chord that bears South 01 degrees 25 minutes 06 seconds r- 1 1 ;) i,d: •,11 ' ti, : , „x"a0",., `36tF. '4t't ' A°isrl, ` 3�hh5,13At :43)W C: 01031v%t„•.`' { 53 A ,f£,DCA DA ,M"itv,. — t S Sa'' 'r'a•:.,, ..::eV;il,,',,J'4¢1ie, yPe;;o'_', 5 J : "" e0...maxim'r't.„ax+n:5%?1 arrow„»v.-.va au. - WWWWW : o--a1'4` u ••<t/y3 e� ESTATES PHASE VI — 2i cV East a distance of 386.76 feet; 4i IV o1"1",",”:1"1:111i:tc,;.'.r,,' .. ..''41 ids`€Pot BRA,.<, P{ M Book-Q Page-41 f . ,;t! ';, rt �ST}�IWcT , . - Along said curve to the left an arc distance of 386.83 feet to a 5/8 inch iron rod with yellow plastic cap stamped @:'' at r'r,9...,,.,r£S: Ye i.1,'s ;( //}P«,,;r . • . ,<:,AB$ABM AAA A !41'; :5%`i,,,",.,,fit'"'.,§'Y i iy" 9, ;ettleratte.:w: acne:,,M&.t...... nvr'q;.gw u!'yaxm, PnevxWn .. I "WESTWOOD PS" set for corner, and the beginning of a non-tangent curve to the left having a central angle of 01 r, (, ! '£ 1,}t.i �.1, n t ,,�, t, ( '�tii£"<rrra?r,a}sr}t,;; ;/,g ls!rrm/t, !/,;,lvyiclt t}ft��l(«cg.;?mg" t;1MzP1517;fit:,i'P£+i";t Pi:7r/lts yj11 j00000,100000g00014600' ?'{f,Ill£` ,Fn ° 1 2 3 degrees 13 minutes 16 seconds, o radius of 5830.00 feet and a long chord that bears South 03 degrees 15 minutes 56 ,.,,. .:,ass^•,°"�,+„`,,,}i r ^s:r,ta t i ;• ;`e,, . ';il <,%'Yt *? §, , 1 .a� r" seconds East a distance of 124.25 feet: p:'s , ad ,. i, f1' , '°i9't,,p:err.," 1 f' 1 , „'I, � in J Z lb,, k• '"Z/ r ><' 1 J 'q "'�04./J'a i^ ro J Along said curve to the left an arc distance of 124.25 feet to a 5/8 inch iron rod with yellow plastic cop stamped a`s a*',.a" a 4 !f ) ,i•}" ,1 v< '`9, ,sf?' '£ f *t " w '^.r°':'a,'w*' 1 I WIESTWOOD PS" set for corner, and the beginning of a reverse curve to the right having a central angle of 01 degrees 51 ' 4;+4°£,44444t+',.`>'',":'h ':. "+`v„', Y '8{ ?. P„ '/` 1f' ',; 2', if ^^^^^^ ^^^^ mm.I.^^ ^--- --- »-• -. -...�-... _v .._..„„ .._i,_ ..„„...,. minutes 51 seconds, a radius of 2000.00 feet and a longchord that bears South 02 degrees 56 minutes 38 seconds East f tt w,. £'1 9 ( /}:, Ytl 1r .S,'., ,a' 17 " � .,,o o COm i'"" 9 AP :II iii it `S'st:.. . ,. ie:APPA. . . .,i '1, ;17 717177, '4 t/ i,§ ? .',.'i, 'i';'I ks: '/4,,4 t I a distance of 65.08 feet: ,l'( ,, „let £tt4• `` '`,117,,, •� �` '3 ,i,j` '`�q% /£ ,}• Along said curve to the right an arc distance of 65.07 feet to a 5/8 inch iron rod with yellow plastic cap stamped =I}Ir; 1 �, h' I}"'. f.tl 1 I . '` fi I,,.£ £II , clrroFW WYLIE ;f 1+ 'DPr, , 1 tr) 'i5 i,%, 01 • ti 3d,^m.a:t"�{'[`t55 rir�fix, ,i,'f • c,>'. ,,,:'i. , t,i „` ( : e „ee. d f 'M'ESTWOOD PS" set for corner: 1A `,',,,,.y,,,,'ii;,,;.'1V* tY'I 4£ t ,,,aim,.,..,:'. ., 44 :'"54£,_`„£..,,,:`.:, '7 1( .a. Stone MILFORD FOUNDERS, LTD AAA �,,,, 1,;1i:, , =PY�•,/ ,�l w � ,t1;=t,+,,.,,,,r/,.,.,, , ,,,i�/,Y�fr.,;x,;z,7 s��,;;'sa,;=£,£.,,,,,,, sfrz„ � VOL. 7053,PG ns f .; s VV44 ,4 ,i x.r,:,&.,lfA r•£A , (�� g 4,1£ £ ,,,£ " THENCE South 45 degrees 00 minutes OS seconds West, departing said common line a distance of 23.57 feet Dr 0 (60 inch VOL. 5549, PG.4484 :i' ,/"`""__:,•'.'•"''%„"';;»,/% {tis+ • 'T'^""' •<"^4"'t`,711 t`' D.RC.QT Iron rod w o plastic se or corner an a nor me o lams Drive ,i d with yellow la T cap stamped 'M1eE5TW00D PS" t f d being in the north I' f Adonis D 1 e 60' ROW Ile', . , , .., .d., , r 1i<,,,.. : ;+ / •' ,v.:. 1" 4 ; „>s woe,t House Ye P P P 9 t. ( : L` t T t ""' «" I THENCE South 89 degrees 36 minutes 27 seconds West along the common north line of said Alanis Drive and the south line M.R.C.QT. 5° a „££ £ q /i IF A11 / /NA , t T s f' / 7of said Stoeckle tract a distance of 836.00 feet to a 5/8 Inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set t f{ q E it ? �" .oN-.'a>I"�v ' D=03.48'O6" for comer, 1 IF}Yrz ,� , :.o-,r 1 i/ $.41 / , , ,/+v ,rr,. •a,,ia , .rt {;;49,0t �`8••`'" ' 01 ,,: °" „ t '"'}")S 45,1 '"4 1 4 'a R=583o•D2' 1 THENCE South 89 degrees 34 minutes 25 seconds West, continuing along said common line a distance of 298.51 feet to a 5/8 3 ,f , tart 1 t{{, }::¢,R Ii/ A ,e" _1''51, :ele inch iron rod with yellow plastic cap stamped 'WESTWOOD PS" set for the southwest corner of said Stoeckle tract the same claw-, ,,k.^:I.e+,"r . . " 14 ,1t1t, �j} /,:,', being the southeast corner of a tract of land described in deed to Danny P. Sellers and Marion G. Small recorded in County t1/�,;',°' °"t"r°"""<xj „( ' r1I >,1 t,;i a /, , (c£. `yk �^ CD=386.76 Clerk's File No. 96-0104910, Official Public Records, Collin County, Texas, and being in the north line of said Alanis Drive; 4(' 1{eh ,Ou»;xt: . '{4t, ` �Ili t 3s r' �I;fii'}1it11;p .5t�4�J7j »...w... ........ .......1 'II ton<,,;.;17:i:},„,„r.00 <='>'i�P+i ,,.nor:ii0,,0,0,0 /. 0000' ,r ' „ . ,,not `0-00 >,",`::,,,:,(;;',£;,:,<izii ',t a s.,r, sNf a 'CB=S01.25'O6aE.., £jt i},. •ff1,G 4111 • t{/, £ {• „�! t `, PtsY7}s` 1 1 THENCE North 00 degrees 44 minutes 11 seconds West, departing said Alanis Drive and along the common west line of sold 1 . , s= t,4,`'t" .j+l}A i Stoeckle tract and the east line of sold Sellers and Small tract, the east line of a tract of land described in deeds to Milford 't # t %£{. s}. t ,r,ralr Pia' PE)rr t 41, " 't," 2 Founders, LTD, recorded in Document No. 2003-0226819, Official Public Records, Collin County, Texas, (50X ownership) and s,„', '•"_,,,., w,b' tj1� ttli, ALAN/SADD/TION f y�f„ ;/'„ ,'g Freshe PM, LLC recorded in Instrument No. 20140714000722710. Official Public Records Collin Count Texas, (50R ownership) ,1../..ttS:';'-0v n`a ,r.:,t,`,£ ,l" .lt£:.',€'1i,i, .n . li`'glt $' h;o4 i `.r't„ „ (t \t): ,� (d.4alb:".rs 1- I Y. P) £E 'oFf krty? ,., ,,, . ,y,ay/t{( ?3"f„':".r,c<,,;y.;�`,r",'1"°(,<psl p k.,e , t,,,', ,£,;,•1,``'£1 '4 , ,,,,,r/•* and the east line of o tract of land known as Westwind Meadows No. 3, an addition to the Cityof Wylie according to the plat li) w� ,`_ ,1'#I,.. ,,,# I ""^z,,i<,��, �.,,1£G,,,/,,..//;f :,,b,,*z',.,,,:,.It ,:ip^;t(} }:.. .,.,. 1,, ill zt;i 'il HOOK-P, PG.287 se or corner; et 9 643 Plat Records, Collin County, Texas, a distance of 1442.83 feet to an X cut m concrete ,,, ,f ' I recorded In Cabin F Page unt T `r 3 ;#i, . Dr' z<„ ,AD 0 Parkin D-01'13'16" ,rt.E'°'f' } i;'.1% =t . ' THENCE North 89 degrees 56 minutes 45 seconds East, along the common south Tine of aforementioned Westwind Meadows and £, '.r4 „•• •,:,.,.ib ''„.. : ,,:. rot S ^, , . f'1� 5{��C25 /.,,:j R=5830.00' I g g r 1r f( 's` ;t, ,, ,5 .y HP /0533 C• I _ north line of said Stoeckle tract a distance of 1183.80 feet to the POINT OF BEGINNING and containing 38.116 acres or , .,. , . <s'r"c.;: , ,,7�`#tir' ,,, , s'=t, 'tl',, .,;,a,; ' �. r'z< .',i".„AL `� ."l: •,,,= ; P,r:;£;,?za ' ,''°It}; ,1,.,.;,t;,,:,,,le �,',,Y„ L=124.25' g 4 r „A 'rSkA i„ ii/,l„ ' } 1,660,312 square feet of land more or less. tg ,> it 1` ,,.+ - , xitircir ,),„by „f„. , 1,: # s ,,,IIIVTj , c„'.., ,� � rt ifs;, 1 `f. 4,4 1701I7/t,,. R E „'ors, . `' ' ,a' � gigg'I /log gg 1 CD=124.25' �a, ;.;'f::,,./.;or s,,, ;;,<,. , ), 14:4, Rr „I:Ittl{, t;t 1• ::aEi,."'1- .:; CB=S03.15'56"E �. / ,,,.(,: ,,,• .; '>4m'aMl4": i3{ti£gxq,,ht,, to;nt£ss,.4/1£ SAvv.rraae�; £nll£zY,ta:S.# 11 r 9,,,, Igo I ,i 1 ,a ut,,a:,<,,' `! � ,.:', s1£(, . (j)j fl. 11 S} .,' f.{r; t''`„(:�.;< Aro.,,;+g'""<,,Stl}s/,q`,'r<,<, 1 D=01.51'S2e ii 4f 9, ;1, lB.,, ,;,�, <„ 1 a{ , h r,ri ��{ r 1rI :, R=1999.87' EXHIBIT P t21''IJ,` ,,,,..1. ' ldt, , ,: „ 1s/iillN rtF .g?" , a' S,Iji, : '1t,`f,£ ,,,;r.'s„= ' .,e;,' <` ? L=65.07' �,N . ,.,III .i71 ="'d .:, ., ';,i>.r/'III< riot'` (;y`.' '«f�. ''I ' :,�l; /�,,.'; 1 OF yII: £ r:' i t` i!:,, 'tpg. /,4( / I C6=NO2'56'38"W STONE RAN I� ;, 'aa>,;y :ffi'y� 'r2> ".s,. l` +? ' ' i '<.., tss` g' ,1 rig. :./,."`§ {> . £I,''',o'v ,4fI,V}.:,r,, .;4.rii`/ ,:,,,,,ri, *rV,t,i» t 1t4., n,,,,,,,``d.l' 1, ily3 • 1-' 6,.,.,>F & ao , A?:'P 'BYM A'na:'�:wMe:.+ %1CIN. "^G �' v: x.::'Mva W ?,i+ ,'ra*dro"91Y.'nt'A°:i�. >'wr?u`aUM"k'i'NF, ,.>+w✓R'dw ^l" P4Y', aF':.N44iK:x.-.m'v :i4b,.n".i•WAq$^F�,''m,{¢^.:.t(WIIiIYM1}'x^i vG,iM'm'v1':f"f,........................................................' ' ' ' Mf'NYI'.... ti.ion.'y.':J^I:±^M'.ant' ii.'r$j.'N „IdWS'il''MkM.ti,idH.'". 'i ,Hr,ZdiGPKm,, h "aa Fi 4, tom .d d.� .. �,. ,;�. �. ..",,t t' ,e '' : ' . a ;"'.r. .r OUT OF THE 589.34125'W 298.51' 589'36'27"W 836.00' sasoo`os"w ALANIS DRIVE ALANIS DRIVE 23.57' E.G. DAVIDSON SURVEY, ABSTRACT NO. 267 — _ _ _ _ I — — — IN THE I 1 I CITY OF WYLIE, COLiN COUNTY, TX 14 1 r 2 i 1 i 2 3 1 3 2 , I I JAMES AND ALICE I I OWNER O JOSEANDNANETSTEWARTADDITION 0 lrstr.#008172601000471D RESE802 I BLAKEY ADDITIONNO.2 BLAKEYADDITIONNO. f i BLAKEY E A. S TOECKLE lNSTR.#20120530010001220 /NSTR.#200fi0427010001fi50 1 I Book-G Page-561 ••-- --�• Z --,— „- ---' a"" """"" """" VOL 3378,PG.427 i VOLVGL.2390,PG 66 P.O. Box 449, N10UNTVILLE, PA. 17554 ' D.R.C.C.L t 1i 1 iDEVELOPER OPEN SPACE = 1 .94 ACRES DOUGLAS PROPERTIES, INC. -- HIKE & BIKE TRAIL 2309 K AVENUE, SUITE 100 PLANO, TX 75074 ( A DENOTES PLAYGROUND AREA) - 1 972-422-1658 ( I I DENOTES PARK BENCH) - 2 ENGINEER/SURVEYOR ( >< DENOTES PICNIC TABLE) - 2 Westwood ( O DENOTES TRASH RECEPTACLES) - '1 Phone (214)473-4640 2740 North Dallas Parkway,Suite 280 EXACT LOCATION OF THE HIKE & BIKE TRAIL TO BE DETERMINED TolFree (888)937-5150 Plano,TX75093 BY THE DEVELOPER AND CITY OF WYLIE westwoodps.com Westwood Professional Services,Inc. Survey Firm Number:10074301 38. 1 1 6 ACRES 1-22-2015 #0005137 Current Zoning Ordinance(SF-10/24) Stone Ranch ZC2014-13 Required Desired Proposed I. GENERAL CONDITIONS Lot Area 10,000 SF 7,200SF Lot Width of Corner Lots 90 65 Lot Depth 100 100 no more than 25% 1,800 or greater, 35%2,000 or greater, 40%2,200 or greater, along Minimum Square Footage 2,400 Alanis 2,600 Front Yard Set Back 25 20 Side Yard Set Back 10 5 Side Yard Corner Lot 25 10, 20 on key lots Rear Yard 25 15 Lot Coverage 45% 50% Main Height 40 Feet 40 Feet Accessory Structure 14 14 III. DESIGN STANDARDS Stone entry feature, no Stone, no brick, decorative iron brick Stone entry feature, no brick accent panels 7' decorative paving&cross- 8'wide @ trail crossings, stripes Pedetrian Crosswalks walks 10' @ main entry & buttons Sidewalk Locations 5'wide both sides of street 4'wide both sides of street. Mail boxes same brick or stone to match Paired w/brick number plaque house Min. 25%of street façade Building Bulk Articulation offset min 2ft, min. 60%total Min. 20%of street façade offset area on 1st floor of two story min 1ft, min. House Numbers Stone Plaque beside main entry Lighted Front wall plaque 100%brick,stone or masonry 80% kiln-fired clay brick or Exterior Façade Material stucco,with 20%stone or masonry stucco, but not 20% decorative brick accent. siding 60 square feet or larger 40 square feet covered front Combined total 120 sf. 2 or front entry or connected Porch- Front entry, and 100 sq ft covered more sides incorporated into wrap around two pr more back or side. roof line of house sides. Enclosed with masonry Enclosed with masonry or 40% Chimneys matching exterior walls and 40%stone to match house stone matching stone accent of capped. house. Roof Pitch 8:12 min 8:12 min,w/articulation, dormers, or combo hip/gable Architectural-grade overlap Architectural-grade overlap Roof Materials shingles,tile or standing seam shingles,tile or standing seam metal, no wood shingles. metal, no wood shingles. Roof Eaves No wood Fascia or soffit. No wood Fascia or soffit. Current Zoning Ordinance(SF-10/24) Stone Ranch ZC2014-13 Required Desired Proposed 7 lots skipped same side of the 9 lots skipped same side and 5 lots skipped same side of Repetition of Floor Plans street.4 lots skipped opposite 6 lots skipped on opposite street; 3 lots skipped opposite and Elevations side of street. side of street side of street. No doors facing Primary Street. doors may face primary street. Garage Entry 2 & 1, single can face street. 600 sf Min. 500 sf Upgraded Cedar door Min. 2 car Front-4' Maximum height, 50% Front 4'. Rear&side metal post Fencing transparent wood or wrought with 8 ft max height, rails to the iron. Rear 8' max with steel Board on Board or Wrought inside. Decorative iron next to post Iron open space. Established front yard with min Sodded front, side & rear yard 2 trees and 5 shrubs. Protect Automated subsurface Landscaping with min 2 trees and 5 shrubs in 12'tall single trunk or 6" caliper irrigation system front yard. trees. Front facade and Front entry and drive garage drive/garage illuminated by down or up lighting and side Front entry and garage Outdoor Lighting illuminated by standard porch yard activity area illuminated standard porch light. light. illuminated,wired to interior. Conservation/ Complies with Energy Certified by USGBC or LEEDS Complies with Energy Sustainability component of Building Code for energy and water. component of Building Code Alleys Screend from major thoroughfare. No alleys required Wylie City Council • t �g AGENDA REPORT Meeting Date: February 10,2015 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 13, 2015 Budgeted Amount: Exhibits: 3 Subject Conduct the 1st Public Hearing for the annexation of two tracts of land approximately 32 acres situated in the Francisco De La Pina Survey, Abstract No. A0688, Tract No. 127, and Tract 202, Collin County, Texas, generally located east of W.A. Allen Blvd. and north of Stone Road and immediately east of Stone Grove Addition. 2014-04A Recommendation Conduct Public Hearing only.No action is necessary. Discussion Property Owner: William R. Talbert,Don Dykstra(Bloomfield Homes,LP) Applicant: Douglas Properties,Inc. This annexation is at the request of property owners of two tracts of land. The subject tract is contiguous to existing city limits on the north,west,and south,while properties to the east are within unincorporated Collin County. The applicant desires to bring the subject tracts into the city to create a residential development and provide connection to existing Stone Grove Phase I Addition to the west as well as the recently zoned 37 +/- acres immediately adjacent to the subject tracts as adopted by City Council on September 23, 2014 by Ordinance PD-SF 2014-32 to allow for a single family residential community. Exhibits attached: Exhibit"A"Legal Description;Exhibit"B"Boundary Survey;Exhibit"C" Service Plan. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law,the following schedule has been adhered to: Notice published for Public Hearings January 21, 2015 and February 4, 2015 First Public Hearing February 10, 2015 Second Public Hearing February 24, 2015 Adoption of Ordinance February 24, 2015 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2)and 43.063 of the Local Government Code. (Rev 01/2014) Page 1 of 1 CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA LEWIS RANCH TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 32.1 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. FIELD NOTES/ LEGAL DESCRIPTION- BEING a11V55ac,etractcf|andohuatediothn [ranoisnOO8LaPkzaSvrvey.AhotrotLwn. G8H^ Cu||in County, Texas, recorded in Volume§O58` Page 556nf the Dead Records Collin County Texas, and heingm0repa�ico|8dydeocribedaufo/|oeS ' ' BEGINNING at a1/2 inch iron pipe found for comer for the Northwest corner of said 11,055 acre tract, also being the Southwest corner o[/ vu|nn Addition Phase? necon1edin Instrument 200004V7O1O0013 7V o|the Plat Records Collin County, Texas, and being in the East line of theHuv»evhght tract recorded in Volume 107&. Page 9TnY the Deed Records Collin County, Texas: THENCE South 88 degrees 50 minutes 56 seconds East leaving the East line of said Housewright tract and leaving said Avalon Addition, along South the line of a 40 acre tract of land as recorded in Volume 2787. Page 24Dof the Deed Records Collin County, Texas, a distance o[754O9feet toa5/0 inch iron rod set vviNrap stamped AD/\NYS SURVEYING #5G1O for onrnerbeing \he �`'n�hcastcorner ofsaid 11V55oc"ntrac\andintheGouth |ioenfsai040acrn1n^rt ` THENCE South 0 degrees 32 minutes 8 seconds East leaving the South line of said 40 acre tract along the West line of a 11.006 acre tract of land described to Beatriz Chavez recorded in instrument 2V09V210OVV13n]5Vo/the Deed Records Collin County, Texas and a57O acre tract o[land Uesc�bed 0o Kikuchi U *: vingTruo� cnnjrdin [�oun1yC|e/kF||eNn. 9J'OV8`053of1-eDerdRecVrduCn|UnCVuoty Texas, a distance vf05J�40 feet ioa1/%inchinonpipe [uund �nrcornerb�ioS �hoSnu|hnan\r^rn Y ' said tract; � corner . THENCE North 80 degrees J3 minutes 3*seconds West, leaving'the West line o/said Kikuchi Living Trust along the North line ofa2l.O5 acre tract nf land described to William Talbert osrecnnuyddi» Instrument 2807O021V0OD48T10nf the Deed Records CnUinCuunty Texas adix1aoce cr /43.tfe al/2 inch iron rod found for corner i^ he East line ofaU724 acre tract a» d`enc described et to BaineC. Soh/ap|ou recorded in Volume 5255. Page 41Ou[Ne Deed d R � oM»Ue� C� a»d aou/UsCuUinCovniy. Texas; THENCE North 0 degrees 54 minutes 14 seconds West, leaving the North line of said Talben tract d along the East �nnof said V7Z4 acre tract passing a3/8 inch iron found ata distance of8367fetan \h nv.vu:ast nornerof s8idV724anrchaCtanda|ungthc [asL|ineofoaiUHouye*/righttract a� to t �dirnr e orwvy.1z feet to the P0NTOF BEGINNING and containing 11V more ��n�e Adams Surveying Company, LLC 1475 Richardson Drive, Suite 255 OF Richardson, Texas 7508V OUlce469-J17'O25O Philip F. Adams, KPL8 President FIELD NOTFS/ [FG/\L DESCRIPTION BEING a 21.05 acre tract of land situated in the Fancisco De La Pina Survey, Abstract NO. 688, Collin 'County, Texas, recorded in Instrument number 2VD7O8218OO84Q710. Deed Records, Collin County, Texac, to William R. Talbert and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the Northwest comer of said Talbert tract, also being the Southwest corner of a 11.05 acre tract of land recorded in Volume 6056, Page 556 Deed Records Collin County, Texas, to William R. Talbert, and being in the East line of a 0.724 acre tract of land recorded in Volume 5255, Page 410, Deed Records, Collin County, Texas, to Robert C. and Elaine C. Schraplau; THENCE South 88 degrees 33 minutes 34 seconds East leaving the East line of said Schraplau tract, along the common North line of said 21.05 acre Talbert tract and South line of said 11.05 acre Talbert tract a distance of 743.57 feet to a 1/2 inch iron pipe found for the Northeast corner of said 21.05 acre tract and the Southeast corner of said 11.05 acre tract, also being in the West line of a 5,70 acre tract of land recorded in Instrument number 95-0091053 Deed Records, Collin County, Texas to Kikuchi Living Trust; THENCE South O degrees J2 minutes 8 seconds East, leaving the common North and South line nnd along the West line nf said Kikuchi tract, the west line nfa523acre tract recorded in Volume 5424. Page 4662 Deed Records Collin County, Texas, to Hall Odie Living Trust, the West line of a 8.96 acre tract recorded in Instrument number 20130830001232590 Deed Records Collin County, Texas, to Baby and 8nnan)ma Abraham, the West linenfJ,4J4 acre tract recorded in Volume 4U75. Page 1V78. Deed Records, Collin County, Texas, to Leroy Pritchard, a distance of 1213,37 feet to a 112 inch iron rod found for corner in the North right-o[-way linen[East Stone Road, also being the Southeast corner nf said 21.05 acre Talbert tract and the Southwest corner of said 5.4]4 acre Pritchard l/ac|� . THENCE North 89 degrees 17 minutes 23 seconds West, leaving the West line of said Pritchad tract and along the North hOUi'nf-way line of Said East Stone Road a distance of752-45feet toa5/H inch iron rod set with cap for corner stamped 'Y\0/\MG SURVEYING#5S1O". being the Southwest co/nern1oaiU21.D5 acre Talbert tract and the Southeast corner of a 11.05 acre tract recorded in Volume 1078, Page 97, Deed Records, Collin County, Texas, inVV.VV. Hounewhgk(| THENCE NoFth0 degrees 21 minutes 42 seconds East, leaving the North line nf said East Stone Road and along the common lineof said 11.V5 acre Mouonw/right tract and said 21.05 Talbert tract adio\aone, of 1222.50 feet the POINT 0F BEGINNING and containing 21V5 acres nf land, more nrless. .Adams Surveying Company, LLC 1475 Richardson Drive, Suite 255 Richardson, Texas 75VOO OF Offioe4O9'J1T'O250 fro 0%cf) |Philip [. 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IIa ■ , !E 41/4 matila INN i. ma 11111., ...„ .... ,100 vivito II 3 ,...„,... sio. dorm inamt 1.1111.111‘1111111.1 r�i� Ili IIII r; 11111111 IIIIMI An .....0.0 r �1.111'1"...m.114161111.1111111 ‘411.0mb....___2:ye''611111111111:1111:1111111:11.1111::iir vT1 leill'1/4:7:410:07:0100:11107011"11'.;11111rs1111111'\1.44drmnmailliiiirnilliiiiiiiiiillilliritir* r LOCATION MAP ANNEXATION CASE #2014-04 6 Wylie City Council AGENDA REPORT Meeting Date: February 10, 2015 Item Number: WS #1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Budgeted Date Prepared: February 4, 2015 Amount: Exhibits: 1 Subject Hold a Work Session to discuss potential development of a vacant tract of land for Multi-Family uses, generally located north of S.H. 78 and east of Eubanks Lane. Recommendation No Action Discussion Applicant: Wylie Housing Partners, Ltd. (The NuRock Companies) The applicant approached the City with a request to develop a multi-family complex on approximately 10 acres located north of S.H. 78 and east of Eubanks (immediately adjacent to the Public Safety Building). Pursuant to requirements set forth by the Texas Department of Housing and Community Affairs ("TDHCA"), a resolution of support is required as a firm commitment from the City. In addition, the applicant is requesting funding support in the amount of $735,000 to offset permit, tap and impact fees. (Rev 01/2014) Page 1 of 1. Support Resolution Form Whereas,Wylie Housing Partners, Ltd. has proposed a development for affordable rental housing located at the NEC of TX Hwy 78 and Eubanks Lane named Residences at Wylie in the City of Wylie; and Whereas, Wylie Housing Partners, Ltd. has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2015 Competitive 9% Housing Tax Credits for Residences at Wylie; and Whereas,Wylie Housing Partners, Ltd. Has requested a partial deferral of City permit fees, tap fees, and impact fees in the amount of$735,000.00 for Residences at Wylie as a commitment of Development funding from the City of Wylie, Texas; and Whereas,the City Council of the City of Wylie, Texas has the authority to defer City permit fees, water and sewer tap fees, and impact fees on property located within the City limits of Wylie, Texas; and Whereas, the property located at the NEC of TX Hwy 78 and Eubanks Lane is within the City limits of the City of Wylie, Texas; It is hereby RESOLVED, that the City of Wylie, acting through its governing body, hereby confirms that it supports the proposed Residences at Wylie located at the NEC of TX Hwy 78 and Eubanks Lane / TDHCA number 15224 and that this formal action has been taken to put on record the opinion expressed by the City of Wylie on[date]; and FURTHER RESOLVED, permit, tap, and impact fees for the proposed project are estimated at $750,000. The City Council of the City of Wylie Texas hereby grants Wylie Housing Partners, Ltd.'s request for a partial deferral of City permit, tap, and impact fees due and arising from the proposed development Residences at Wylie in the amount of$735,000. This fee deferral will be repaid to the City of Wylie by Wylie Housing Partners, Ltd. In the form of a fully amortizing loan at 3.0 percent interest with a term of 15 years and an amortization period of 30 years with no prepayment penalties. FURTHER RESOLVED that for and on behalf of the Governing Body, Eric Hogue, Mayor, is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. Wylie City Council AGENDA REPORT Meeting Date: February 10, 2015 Item Number: WS #2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Budgeted Date Prepared: February 4, 2015 Amount: Exhibits: 1 Subject Hold a Work Session to discuss a potential multi-family mixed-use development on approximately 10 acres, generally located east of S.H. 78 and south of Alanis Drive; and an approximate 18 acre tract located north of Brown Street and northeast of S.H. 78. OM Housing Recommendation No Action Discussion Applicant: OM Housing The applicant approached the City with a request to develop a mixed use project consisting of multi-family and retail/commercial uses on one of two parcels. 1. 10 acres located on the east side of S.H. 78 south of Alanis Drive. 2. 18 acres located north of Brown Street and northeast of S.H. 78 Pursuant to requirements set forth by the Texas Department of Housing and Community Affairs ("TDHCA"), a resolution of support is required as a firm commitment from the City. In addition, the applicant is requesting funding support in the form of a permanent loan with interest not to exceed 3% and a term at least 15 years which will support the development in the amount of$771,120. Funds to be provided to the City by the applicant or a related party. (Rev 01/2014) Page 1 of 1 VILLAS at ALANIS 2/10/2015 CROSSING Proposed Mixed Use Center: wyIie, TX ,4p1114000110 , . „, ate_.. - �+�� . s • II , 1 a„ , . 1 14 Li am r TT •___",.�� i em - -.. - �' �i -- 711 I -_ I PROJECT MERITS OM HOUSING PHONE: (214)432-7610 FAX. (214) 594-9753 WWW.OMHOUSING.COM DSULAKHE@OMHOUSING.COM 0 VILLAS at ALANIS CROSSING Proposed Mixed Use Facility INTRODUCTION TO TEAM OWNER/DEVELOPER: OM Housing (RESIDENTIAL) - Developer has a well-rounded background in training and implementation of Graduate Degrees in Architecture, Business, Accounting, Marketing, Social Services, etc. - Experienced team that develops Townhomes, Multifamily Apartments, Mixed Use Projects, Rehab Projects, etc., market rate and affordable. - Developed over 7,000+ units, worth over $800 million. - Awards include (see Exhibit A): o Dallas Business Journal • Best Green Building of the Year(Finalist) • Best Rehab/Re-Use Building of the Year(Finalist) • Best Suburban Multifamily Project of the Year (Winner) o Best Commercial Project of the Year(Winner). o Gold Certified Community—One. - Letters of Recognition include (see Exhibit A): o State of Texas o Local State Representative / County Commissioner / City Council. - Two recent projects, which are both LEED GOLD Certified and have Housing Credit financing, include: o Britain Way Apartments, Irving, Texas • 168 Apartment Homes. • www.britainwayapts.com o Apple Grove Villas, Mesquite, Texas • 209 Apartment Homes. • www.parceastapts.com. Pagel of 15 - Locally financed, developed, owned, constructed, managed and operated! - Experienced, Award Winning Team based in DFW! - Financing terms require Developer/Owner to be a long term owner and NOT a `Merchant Builder', so NO `absentee ownership'. Development Partner: Brand Capital Partners specializes in infill and suburban retail development. Managing partner Jeff Brand worked with Greenway Investment Company for six years and is a partner in two Wylie projects on FM 544. BCP is currently developing: - Two shopping centers totaling 35,000 sf, with anchors such as Chipotle, Buffalo Wild Wings, Spec's, and Mattress One; a national pizza chain, wireless, sub shop, and dentist. - 4 acre 14,000 SF restaurant project in Colleyville, TX Architect: BGO Architects, DFW based. - Over 40 years in existence. - Designed over 750,000 dwellings. - Numerous Awards. LEED Consultant: TexEnergy Solutions, DFW based Management: Alpha-Barnes Real Estate Services, DFW based. Construction: BBL Builders / Sun Construction Company, DFW based. Page 2 of 15 WHAT ARE HOUSING TAX CREDITS (HTCs)? • The tax credit program is an avenue for private financing governed by the IRS code and administered through the state. In Texas, the Texas Department of Housing and Community Affairs (TDHCA) is in charge of administering the program. The state legislature annually establishes the Qualified Allocation Plan (QAP), which outlines the specific rules, policies and procedures that the TDHCA and participants are required to follow. An essential part of the QAP anticipates active dialogue between the public and private sectors for the betterment of community. • In essence, this program is designed to form a win-win public/private framework to facilitate the public sector to utilize this program to provide high quality affordable housing to its citizens and spur economic development, while making it financially feasible for the private sector to develop aesthetically pleasing mixed use, mixed income, high quality and eco- friendly housing on sites that would not otherwise support this type of development. • Tax credits are not a direct rental subsidy in the form of any direct funding from the Federal Government. It is a form of financing that allows owners to charge lower rents for high quality housing. • The tax credit program is NOT `Public Housing' or `Section 8 Housing'. It is developed, owned and operated by private sector companies who have long term ownership and compliance obligations to the property. • Tax credits are awarded to applicants through a competitive application process which occurs once a year. Awards are based solely on a scoring system that is set forth by the annual QAP. Only 1 in 5 applications are successful at obtaining tax credits. • Applications are due to the TDHCA by February 27`h, 2015, and the tax credits are assigned by July 31 s`, 2015. • The tax credits awarded to developers are sold to large corporations for approximately 90 cents on the dollar. Corporations buy tax credits to offset their federal tax liability. • The financial proceeds from the sale of tax credits to corporations are then invested in the development. • These financial proceeds, which would otherwise be unavailable in the private marketplace, reduce the debt a developer is required to obtain for the property. This lower debt level is what allows developers to charge lower rents, that are affordable to residents, for conventional, market rate, high quality housing. • Due to the competitive nature and long term ownership requirements of the program, tax credit developments often exceed City architectural, landscape and building standards. Page 3 of 15 • Additionally, because it is a highly regulated program with annual inspections to oversee residency and quality of development, these developments are built for longevity and are better maintained. • There are no aesthetic differences between tax credit and conventional multi-family residential communities. • Properties pay all City fees and full property taxes. • In conclusion, this program is available for both the private and public sector, but provides the highest net benefit to the community when the public and private sector align their interests to utilize this program to facilitate high quality development on sites that may not otherwise be attractive for development. This often has a positive ripple effect on the surrounding community. Page 4 of 15 PROJECT DESCRIPTION Why Wylie: Wylie was chosen to best meet the essence of the HTC program. We chose Wylie because it has a great school system, ranked #2 Best Family City, a seasoned and established community, with a growing population and a growing median income. Strong Demand for Rental Housing. Why this Site: We chose a site that provides easy access to highways, is in close proximity to schools, shopping, employment centers, one which provided minimal impact to the city's infrastructure, in the direction of growth patterns and one that did not displace any citizens; but, the site is difficult to developed by conventional financing and one that provides the highest net benefit for community in terms of the enormity and diversity of the proposed development. Additionally, the site dove tails into the city's long term vision. Site Location: Approximately 33 acres at SWC of Hwy. 78 and Alanis Parkway, Wylie, Texas Current Land Use: Vacant Land, with a significant portion in FEMA flood plain. Current Zoning: Approximately 15 acres zoned MF, with the remaining zoned Agriculture. Permitted Density: MF Zoning allows for 15 units / acre or 225 apartment units. Existing Conditions: Challenging site! (see Exhibit B for location). Several small parcels of vacant land owned by different owners that requires accumulation of land parcels for a reasonably sized project. A large portion of subject site lies within FEMA designated Flood Plain and ecologically sensitive conditions. Developer will be required to work with City of Wylie and FEMA to reclaim several acres of land. Page 5 of 15 The Housing Credits (HC) will allow for additional funds to overcome all the flood plain related issues, as well as provide for very high end finishes on facades that enhances curb appeal. Site is ideally located to serve as "Gateway to City of Wylie". The HC's could provide additional proceeds for features that will "wow" drivers on Highway 78 and provide the desired impressive entrance into the City. Currently zoned MF that allows for 225 units. PROPOSED PROJECT: Proposal: 8.0 acres of MF, 1.8 acres of retail pads, 2.8 acres of retail strip center, remaining 8.0 acres to be distributed per market demand between garden offices and townhomes. Developer will integrate 9.8 acres with existing Parks and Recreations network of nature trails, playing fields, and other open space amenities like a bird watching sanctuary, etc. Investment: Total investment of approximately $33 million with, approximately $21 million investment for the apartment homes and approximately $12 million investment for the retail/commercial. Due to unfavorable site conditions, historically high prevailing construction costs and high quality of finishes proposed, project is seeking additional proceeds from the HCs to be feasible. Project cannot proceed without the HC funding. To secure HC funding, Project will require Resolution of Support and Local Funding in the form of a conduit loan. RESIDENTIAL Cost: $95 /sf hard costs, OR, $140,000 /unit in total cost. Product: "Signature" project with high visual appeal: • Accumulation of several small strips of land to provide the required acreage and additional frontage along Hwy 78 and Alanis for a high quality, mixed use project with ample landscaping and amenities. • Project will extend infrastructure, provide needed housing, reclaim flood plain to enhance the economic tax base, all the while being environmentally sensitive. Page 6 of 15 • Will be the first LEED Gold Certified Apartments Project in Wylie. • Exterior finishes will have 100% combination of stone/brick. • Well landscaped congregation spaces to be provided throughout the community. • Project will comply with City's architectural, landscape and noise attenuation standards and integrate with city trails, etc. • Spacious 5,000 plus square feet designer Clubhouse to accommodate for an abundance of amenities such as fitness center, computer center, fun center, etc. along with oversized swimming pool to allow for group activities and community enrichment. Highly Regulated Project: Regular visits made by lender and investor. In addition, City could further control quality of development through the PD. Annual operations sets aside adequate budget for long-term maintenance and up keep. Other Merits: Project will provide high quality housing. Flight to quality will encourage older properties to upgrade or rebuild. This process will eventually enhance curb appeal in sub-market. Strategic partnerships to be formed with local civic organizations to provide resident lifestyle services that enhance quality of living. GREEN INITIATIVES: Significant to this proposal is the fact that this project will be implementing Green Initiative Programs such as LEED Certified and Texas Green Built. Such Green Initiatives are being implemented solely by developer/owners passion for conserving energy and resources. Such programs will result in the preservation of trees, improved energy and water efficiency, and improved indoor quality. All these go a long way in the marketability and long term value add to this project. Project to be LEED Certified / Eco-Friendly for energy conservation and healthier living. Environmentally responsible site development. Page 7 of 15 Energy Efficiency: Units modeled with an estimated 30% energy savings. Water Efficiency: High Efficiency Plumbing Fixtures in kitchen and bathroom. Indoor Air Quality: Fresh air ventilation system; eco-friendly paint and materials. AMENITIES: Public: • Designer Clubhouse with a combination of the following amenities: o Granite Countertops at all public areas. o Leasing Center. o Coffee Bar. o 24 hour fitness center. o Business and Computer Center with complimentary access to internet, print and fax services. o Full size community kitchen for potlucks, etc. o Community room with A/V equipment. o Fun Center with video games, DVD and book rentals. o Laundry Care Center and Maintenance Shop • Swimming Pool • Barbecue, Picnic and Seating Areas for congregation. • Bicycle Racks. • Safety to be provided with a combination different measures. • Strategic partnerships to be formed with local civic organizations to provide lifestyle services that enhance quality of living of residents. • 100% + of exterior finishes to be stone or brick. Private: • 9'-0" ceilings • GE Stainless appliances including microwaves, dishwashers, cooking range with oven, and garbage disposals. • Energy Star rated appliances and windows. • High efficiency lighting and fixtures. • Ceiling fans in living area and bedrooms. • Eco friendly construction materials. • Combination of faux hardwood style flooring and wall to wall carpet. • Spacious kitchens • Dark wood cabinets with designer hardware. • Washer and dryer hookups. Page 8 of 15 LIFESTYLE SERVICES: Coordination with local volunteer groups and community- based organizations, etc. to provide an abundance of lifestyle services that enhance the residents' quality of living! • After School Programs and Summer Activities for Children —Arts and crafts, games, snacks and educational programs are offered in the large community center. • Health Education Seminars and Screenings — health topics such as children's health, women's health, health insurance and accessing assistance programs. • Computer Education — state-of-the-art computers will be featured. Internet access and scheduled classes for adults and children will be offered. • Financial Planning — periodic seminars will be offered periodically by local financial institutions. • Adult Education Programs (such as: ESL, job training, life skills, parenting & nutrition classes, etc.). Residents will be surveyed and programs will be geared accordingly. • Social and Recreational Activities • Incubator for new home buyers. We will seek to implement programs that will assist residents to move into single family homes. • Community News — monthly newsletter with upcoming activities, events and community news. Impact on Infrastructure: LEED Gold Certified project will have reduced impact on electricity, water/sewer, preserve existing trees and ecological system. Site is zoned to allow 225 units. Developer is willing to restrict overall number of units to 144, thus substantially reduce impact on city infrastructure. Also see Exhibit D. Approximately 90% of residents relocate from one zip code away or from the same MSA. Thus, already reduced impact on ISD. Allows City to organize the quality and influx of growth. Page 9 of 15 RETAIL /COMMERCIAL Cost: Approximately $200 / sf hard cost. Product: A mix of Restaurants, Shopping, Garden Office that will appeal to the surrounding neighborhood. • Will follow theme of residential development. • Pedestrian friendly atmosphere. TAX ANALYSIS A. BEFORE ST @ RT @ Land Parcel Acres Size Value Jobs Sales 8.25% 2.7% 1 Parcel 1 10.8 $9,803 2,200.57 2 Parcel 2 9.6 $67,795 1,922.57 3 Parcel 3 4.813 $269,676 7,647.64 4 Parcel 4 4.78 $175,534 7,626.51 TOTAL 29.99 $522,808 19,397.29 B.AFTER ST @ RT @ Use Acres Size Value Jobs Sales 8.25% 2.7% 1 Multi Family 8 144 Units $21,000,000 8 Shopping 2 Center 2.7 20,000 SF $4,000,000 25 $3,400,000 $252,450 3 Pads 1.8 6,000 SF $1,200,000 25 $2,800,000 $207,900 4 Garden Office 2.8 17,500 SF $3,500,000 50 5 Townhomes 5 30 Units $3,750,000 6 Open Land 12.7 TOTAL 33 $33,450,000 108 $6,200,000 $460,350 $452,790 TOTAL TAXES $913,140 Page 10 of 15 ECONOMIC Approximately $33 million investment will significantly DEVELOPMENT enhance and contribute to local economic activity. Substantial enhancement of property value; thereby, increasing property tax assessment. 100 plus construction jobs in addition to 100 plus permanent jobs and numerous local vendors required for operations. Various fees to be paid to City. Involve local Chamber of Commerce for construction bidding with local vendors. High quality housing that is affordable for employees of local businesses and major employers. High quality of housing will attract future employers. REQUEST: Resolution of Support from City Council, required by February 27th 2015. (see Exhibit D for sample resolution). Again, this much desired project cannot proceed without the Resolution of Support. Page 11 of 15 EXHIBIT A Page 12 of 15 Awards and Recognitions: Nominated for the 2013 Dallas Business Journal FINALIST for: Best Green Building of the Year Best Rehab/Reuse Building of the Year Best Suburban Multifamily of the Year Best Commercial Project of the Year—Irving. Winner of: Best Suburban Multifamily of the Year WINNER. Best Commercial Project of the Year WINNER. TV News Featured in: CBS 11—Britain Way was the spotlight for setting an example on reduced crime levels in Irving. http://dfw.cbslocal.com/2013/02/13/irving-crime-rate-drops-to-record-low/ NBC 5 — Britain Way was the feature for being the first LEED Gold Certified Project in Irving. http://www.nbcdfw.com/news/local/Affordable-Housing-Complex-Gets-Multimillion-Dollar-Makeover- 187941091.htm I ICTN—City of Irving's release on BWA: http://youtu.be/8CzFY19h3m0 ICTN Community One: http://www.youtube.com/watch?v=u2DJI9QIvMk Letters of Recognition from: State of Texas. State Rep Linda Harper Brown. County Commissioner Dr. Elba Garcia. City Council of City of Irving. The Greater Irving Las Colinas Chamber of Commerce City Staff at City of Irving. Hispanic Chamber of Commerce. Very First Project in Irving to be recognized as "Gold Certified Community—One". _�. `.. GREEN DEAL, REHAB/REUSE DEAL, SUBURBAN MULTIFAMIL ` : .tY : . . BRITAIN WAY APARTMENTS 4 re' . c . `I �. 7441;4 .0.114 eae ' ^ -{ <..f �, '„. 4. .4 ' `. , ram' I '1 M 11 EE t• F-4 1 u, • r rs Illibir Dallas Business Journal BEST REAL ESTATE DEALS KEY PLAYERS Deepak Sulakhe, OM Housing, Willard Hammond Dick Arthur, Enviro Design Sun Construction Co. Shannon Fore, SMW Designs Texas Department of Housing John Owens, BGO Architects Jonathan Fore and Lori McGreal, and Community Affairs Michelle Woodruff, Fore Property Co. U.S. Department of Housing and Fore Property Co. Janna Cormier, PNC Real Estate Urban Development Don Williams, Greater Irving- Jefferey Rogers, Dougherty City of Irving Elected Officials Las Colinas Chamber of Commerce Mortgage and Staff Al Silva, Marcus & Millichap Cynthia Bast, Locke Lord LLP SPONSORED BY CEDAR HILL, TX ACCOUNTANTS AlIegiance ,' l 0\0'01( I)F \ 1- 101.111- \ I CONSULTANTS IIILE CON FA NY COMMERCIAL SERVICES Dallas WEEK OF APRIL 26,2013 Business BEST REAL ESTATE DEALS Journal ' YMCA)inetweenmunityroom SUBURBAN MULTIFAMILY - YMCA)in the cen3:3o and 5:30 (p.m.)-that is when kids can get into trouble because they are • without parental supervision," - " ' *%r+9R ..'L - Sulakhe said. o- Sulakhe worked with a for- . 4.• • mer principal from the Dallas Independent School District to ..,,�, 7. - make sure the complex is not •: '•' fi ' _ ....__ - buta safe stforl for rningan ,� - - ldren but a catalyst for learning and Q ` r r healthy growth.The principal _ .. -r�-� - FF now srves a the social services - F director at the complex. ,� .t i I-: f-' t- "(The director's)office is in _ the clubhouse.We want to make • ', a sure the kids are safe,but also C -`' ,( C.c that DISD is getting good kids," ,It '--� • w0 S Sulakhe said. i ( . T� ' - Sulakhe installed perimeter ----7" -- - fencing and substantial lighting ... �t e- in all areas of the complex to Promote ty. ��, The Britainsafe Way complex isn't just family-friendly,it's environ- - - mentally friendly,too. • - "All the appliances within - the community are Energy .,.•_ ;,,.., Star-rated appliances,"Sulakhe said."We replaced all the doors BRITAIN WAY APARTMENTS and windows,and made sure to use eco-friendly and healthy materials when we installed the carpeting and flooring." That awareness of the envi- BY DAILY BAIltk I star WCE11 potential for affordable family center,learning center,social ronment has been shared with The$21.9 million renovation of WINNER housing. lounge and 168 units-all of residents.Every new Britain Britain Way Apartments at 333 his"(Sulakhe)came to us with which are occupied. Way resident is required to go idea several years ago,"said "(The complex)really changed through a training program on Lane St.in Irving transformed 17 Don Williams,director of busi- the look of Irving,"Williams said. eco-friendly living,says Sulakhe. • outdated,asbestos-ridden build- December 2011. ness retention and expansion at Sulakhe's vision of family- According to Williams,the ings into a LEED-Gold certified, "It had old mansard roofs; the Greater Irving-Las Colinas oriented housing is evident new complex has boosted sur- suburban family oasis. the kitchens were small and Chamber of Commerce."We throughout the complex.The rounding economic growth. Britain Way's developer, dark,and the bathrooms were helped him attain permits,sup- complex's community center in- "(The complex)is raising the Deepak Sulakhe,president and outdated,"Sulakhe said."There port letters-all the credits that eludes a computer center,televi- value of residential areas sur- CEO of OM Housing,says the was no perimeter fencing,and he needed." sions and long breakfast tables rounding the project,"Williams complex,which is right off of the leasing agent was operating The complex opened last year where children living at Britain said."We're seeing a re-devel- Highway 183 near the Heritage out of an apartment unit." Britain Way Apartments Way can do their homework. opment of commercial property District,was in shambles when But when Sulakhe looked at stretches across 9.8 acres with "We implemented an after- that was there,too.It's lifted the he bought it for$4.2 million in the 50-year-old complex,he saw a swimming pool,community school program(with the local outlook of the whole area." KEY PLAYERS:Deepak Sulakhe,OM Housing and Sun Construction Co.;John Owens,BOO Architects;Michelle Woodruff,Jonathan Fore and Lori McGreal,Fore Property Co.;Don Williams,Greater Irving-Las Colinas Chamber of Commerce;Al Silva,Marcus&Millichap;Willard Hammond;Shannon Fore,SMW Designs;JJanna Cormier,PNC Real Estate;Jefferey Rogers,Dougherty Mortgage;Cynthia Bast,Locke Lord LLP;Dick Arthur,Enviro Design;Texas Department of Housing and Community Affairs;U.S. Department of Housing and Urban Development;City of Irving elected officials and staff '.. MEM BRITAIN WAY APARTMENTS REHAB/REUSE DEAL - Transforming a rundown Irving apart- KEY PLAYERS:Deepak Sulakhe,OM Housing went complex into affordable housing and Sun Construction Co.;John Owens,BGO • isn't the most glamorous thing,but that's Architects;Michelle Woodruff,Jonathan Fore exactly what Deepak Sulakhe of OM Hous- ' ing did. and Lori McGreal,Fore Property Co.;Don Britain Way Apartments at 333 Lane Street Williams,Greater Irving-Las Colinas Chamber was built in 1962,but after a S'21.9 renovation, of Commerce;Al Silva,Marcus&Millichap; 111 111 the community is LEED-Gold certified. Willard Hammond;Shannon Fore,SMW Designs; Britain Way was 17 buildings with asbestos q and termites.After cleaning up the property, JJanna Cormier,PNC Real Estate;Jefferey OM Housing installed energy star appli- Rogers,Dougherty Mortgage;Cynthia Bast, ances,high-efficiency water heaters,effective Locke Lord LLP;Dick Arthur,Enviro Design; insulation,irrigation systems and improved Texas Department of Housing and Community E drainage. E 3 The 168-apartment community also includes Affairs;U.S.Department of Housing and Urban a community center,pool,learning center and Development;City of Irving elected officials and •.0.4.-"- after-school program with the local YMCA. staff ® BRITAIN WAY APARTMENTS GREEN DEAL The$21.9 million renovation of the KEY PLAYERS:Deepak Sulakhe,OM Housing Britain Way Apartments in Irving and Sun Construction Co.;John Owens,BOO f, turned a rundown complex into a Architects;Michelle Woodruff,Jonathan Fore LEED-Gold certified community _ - Developer Deepak Sulakhe turned the and Lori McGreal,Fore Property Co.;Don . 50-year-old development into affordable Williams,Greater Irving-Las Colinas Chamber T` housing,installing energy star appli- of Commerce;Al Silva,Marcus&Millichap; t''a�.,- ances,higheffiiciency water heaters, iAft 1' l ' ( effective insulation,irrigation systems Willard Hammond;Shannon Fore,SMW Designs; �jlli"r" JJanna Cormier,PNC Real Estate;Jeffere•+fci y - l and improved r and a e. Y w F_ i The 168-apartment community also Rogers,Dougherty Mortgage;Cynthia Bast, 11111P it rJ� includes a community center,pool, Locke Lord LLP;Dick Arthur,Enviro Desi n ~ x x learning center and after-school pro- Texas Department of Housing and Community gram with the local YMCA. The project is said to be the only Affairs;U.S.Department of Housing and Urban • ....._s LEED-Gold certified affordable housing Development;City of Irving elected officials and project in the City of Irving. staff • This article appeared in the Dallas Business Journal on April 26.2013 on pages 812,B27 and 835.It has been reprinted by the Dallas Business Journal and further reproduction by any other party is strictly prohibited.Copyright 02013 Dallas Business Journal 2515 McKinney Avenue.Suite 100.Dallas TX 75201. . , : i ,a }`` 4p x . - ! s,, .ram- f . . may." vra.dm Aiiiiiiii 1iil, : r M . I X • a6ra6ua i i _ p 1 .. .„.. ... IF v :iiiiiii€isii€iiiiiiiii€i: iiiiiiii€€iiiiiiii iiii'• qiiiiliiiiF:liliiiliiiiil 1 er— WIf '.ilk` I MI 6 4IE ��-- �. �� - t IF i , , 1111111M .'- - EXHIBIT B Page 13 of 15 I 12'WATER LINE • EXISTING 36" SANITARY SEWER ✓• • 12'WATER LINE � ' , EXISTING 18" SANITARY SEWER it, iiier FORCE MAIN �—__- 8' \ EXISTING 8' ob._ - # 11,1"' - SANITARY SEWER ' —__i" / ,' EXISTING 8' * SANTARY SEWER ' N r \ /' EXISTING 8• I — ' SANITARY SEWER _ —_- �Y�� 12'WATER UNE "< / / 1 R.O. . DEDICATION — p REQUIRED � /////1�. r AI ANT`. IAIVI �s'� W El El 0 El oOul 1 r. I. 7 z7 21.(8 ACRES A 11 66% A )I OUTSIDE OF FEMA i // A PPROX. FLOOD ZONE "A" I ; 33.14 11.26 ACRES O j C R ES (34%) 0 al /� LOCATED IN FEMA ' B A FLOOD ZONE "A" B i CNECNED S, gMOM SOLE EXISTING 36' Ulf �i SANITARY SEWER 14-0022 1;1 i 1 EXHIBIT C Page 14 of 15 FNIRVI" 0:44 - _ _ - r . _,Clt .. % \:DV • ;:e -, s'. ,..-. PAD ' NI,: ••,8c `/SfMFN 1 _.� ,• 60 , . ..,...... ;.. . . , ., .,‘ , . I, 'N. - , ' 1R. MP RFUA*.. I I )8:60.)., : ''.'.., ' ' -.Y.: . +.V. i .a ACRLS �� MAIN / WRY/ ' � 1 — "„ I T _ xV.�T NO .f 4 L WINGS / ` S / ttok, t i 7 1111 op T , IAFnn . 1, �I n f '�� ` i!IN,MI' ,r,IVLSI A 4 0 1 •,, NM-A i 1 P n �/J l S . Ili 11[f4N' OW •11VNf n s d . E I f 1 .. :' 1-...-.J IOO.LA.B Roo a " WOODBRIDGE GOLF CLUB .y a _ N �,., U'U�GREEk SVP SCALE 1•IOpO• ._�_.._.._.... ALAN IS CROSSING MIXED USE SCHEMATIC SITE PLAN o ,� - IIM WYLI E,TEXAS .IQ)) WOV.MIS aM� , .. s 0 N"' • ,,,. 4` • 41, :: , - '4 ,•",',14t., • V",,-•.' , S 41 T • , "OWN ••",' ..i11.#7,1191?,,;,,, Z..--1- J... .. __, —_-z-- - '.' , I • 0 I ht. v. . . • i ). .1/''''' 1 It .2 1 I M WA.1. 1: *NIA _ -- -• ...-----• 1/I,., .--4 ill 11• , i '4-I jilAil 111 i t•Pj.."V:3 rac ,e,-. i " p,. „.1}101 Le •• Asir—.. -.— L il illillig . 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'. -2:' ..•', 1— ; AL,...• 3.2 i ALAN IS CROSSING MIXED-USE SCHEMATIC SITE PLAN nano WYLIE,TEXAS EXHIBIT D (Sample Resolution) City of Wylie Resolution for Villas at Alanis Crossing Development Whereas WL Villas at Alanis Crossing Housing, LP, has proposed a development for affordable rental housing at 2501 Hwy 78, Wylie, Texas named Villas at Alanis Crossing in the City of Wylie; and Whereas, WL Villas at Alanis Crossing Housing, LP, intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2015 Housing Tax Credit Program funds for Villas at Alanis Crossing; and Whereas, the application for the funding of tax credits requires a match of local funds in the form of a loan or in kind contribution. Be it resolved that: This resolution affirms the City of Wylie's support for the above named development; and The City of Wylie is not a related party to the Applicant; and This resolution is a firm commitment from the City of Wylie for the purposes of Commitment of Development Funding by a Local Political Subdivision in the amount of$6,120 per LI Unit or 126 x $6,120 = $771,120; and These funds will be in the form of a permanent loan (with an interest rate no higher than 3 percent per annum and term of at least 15 years with a minimum amortization period of thirty (30) year). This contribution will directly support the development; and That any funds committed to this development have not been first provided to the City of Wylie by the Applicant or a Related Party. Resolved this date....[city/county to use its format for resolutions]. Page 15 of 15 City of Wylie Resolution for Villas at Alanis Crossing Development Whereas WL Villas at Alanis Crossing Housing, LP, has proposed a development for affordable rental housing at 2501 Hwy 78, Wylie, Texas named Villas at Alanis Crossing in the City of Wylie; and Whereas, WL Villas at Alanis Crossing Housing, LP, intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2015 Housing Tax Credit Program funds for Villas at Alanis Crossing; and Whereas, the application for the funding of tax credits requires a match of local funds in the form of a loan or in kind contribution. Be it resolved that: This resolution affirms the City of Wylie's support for the above named development; and The City of Wylie is not a related party to the Applicant; and This resolution is a firm commitment from the City of Wylie for the purposes of Commitment of Development Funding by a Local Political Subdivision in the amount of 86,120 per LI Unit or 126 x $6,120 = $771,120. and These funds will be in the form of a permanent loan (with an interest rate no higher than 3 percent per annum and term of at least 15 years with a minimum amortization period of thirty (30) year). This contribution will directly support the development. and That any funds committed to this development have not been first provided to the City of Wylie by the Applicant or a Related Party. Resolved this date....[city/county to use its format for resolutions]. skiveWylie City Council • AGENDA REPORT Meeting Date: February 10, 2015 Item Number: WS #3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Budgeted Date Prepared: February 4, 2015 Amount: Exhibits: 1 Subject Hold a Work Session to discuss a potential multi-family mixed-use development on approximately 10 acres, generally located southeast of S.H. 78 and south of Alanis Drive. Sphinx Development Recommendation No Action Discussion Applicant: Sphinx Development Company The applicant approached the city with a request to develop a mixed use project consisting of multi-family and retail/commercial uses on the east side of S.H. 78. Pursuant to requirements set forth by the Texas Department of Housing and Community Affairs ("TDHCA"), a resolution of support is required as a firm commitment from the City. In addition, the applicant is requesting funding support in the form of a grant, in-kind contribution which will support the development in the amount of $620,000 to cover estimated costs associated with impact fees, permit, review and inspection fees. (Rev 01/2014) Page 1 of 1. • C Jylle City Council MEI4_ rre.z omnorMwr ccnounon 3030 LBJ Freeway, Suite 1350 Dallas, Texas 75234 Tel: 214-342-1405 1214-342-1409 Fax www.scicus.com Solving Tomorrow's Housing Problem, Today! 1 Management Team Jideofor"Jay"Oji(President/CEO)-Over his career, has acquired multiple disciplines in the real estate industry, y `� and holds professional memberships to the Appraisal J n� development,,',corporation Institute(MAI)and Royal Institute of Chartered Surveyors (MRICS).Jay has spent the last 21 years developing multifamily and commercial properties. Joseph Agumadu(Executive VP/COO)-A partner and 5DC Constructionprincipal at Sphinx for the past 15 years,oversees the Engineering I Management I (amnion company's day-to-day development/building operations, investments,and asset management functions. Sam Sterling-(Director of Construction)-With more than 42 years in active construction of multifamily and commercial properties,Sam provides direct responsibility „-< as Sphinx'general contractor and its liaison with,building officials,municipalities and owners. Charles Payne-(Director of Property Management)- With more than 30 years continuous property management spanning continental USA,Charles is directly responsible for Sphinx'site operational interests and in daily management of its 1,500 units asset portfolio. Sphinx Development Corporation is a Texas Corporation with corporate offices at 3030 LBJ Frwy, Suite 1350, in Dallas, 0 where we have been for the past fifteen years. Our Motto Solving Tomorrow's Housing Problem, Today! Our Philosophy At Sphinx Development Corporation (SDC), our philosophy is based on common sense, keeping it simple, and doing it right the first time. Everything we do draws directly from this principle. SDC's leaders bring with them over 40 years of multi-family development, management, and construction experience with a cumulative value in excess of$lbillion dollars. With every endeavor, Sphinx Development Corporation has approached each project with a cooperative mindset, working with clients, architects, engineers, sub- contractors and building officials toward a common goal-successful project delivery. We anticipate project challenges and develop solutions to meet our client's objectives. We view each project we undertake as an opportunity to exceed client's expectations. Our goal is to provide a superior level of service and peace of mind to clients from start 2 to finish. 2 Our Properties Villas of Vanston Park,Mesquite,Texas -7, Bachon Villas,Wylie; Alsbury Villas,Burleson; Ewing Villas,Dallas Harmon Villas,Fort Worth, r� elafield Villas,Dallas; Fiji Senior Villas,Dallas; 1-1 4 f f-n � ' rdeaux Villas,Dallas Villas at Vanston Park, se Court Villas,Dallas; Mesquite(under construcfio` ar Villas,Dallas ♦Ifni —Octzor4/ phinx at Hannon Villas,Fort Worth,TX • 014 L EASED UP e i 4,,Y'r JHP Our Experience in North Central Texas SDC is a Dallas-based real estate development company committed to affordable housing provision,with specialization in LIHTC under Section 42 of the Internal Revenue Code. Although the company's development experience goes back to the mid 1980s, major accomplishments are recent and quite contemporary with more than 1,500 housing units within ten (10) projects targeted to families at the 30%to 60%of the AMGI. From Mesquite to Burleson, and from Alliance in Fort Worth to Wylie, Sphinx Development Corporation has been very active developing multifamily residential communities, which we can be very proud of. Our current project,Villas of Vanston Park,which is currently under construction in Mesquite, is already receiving calls from individuals and small businesses interested in the property. Our most recently completed project, Harmon Villas in North Fort Worth, which just celebrated its Ribbon Cutting in October, 2014, is already leased up. 0 Our Fiji Senior Villas project in Dallas is an award winning design,which we are very proud to offer to seniors. Pillars of the Industry,Award Finalist for Best Affordable Apartment Community(2013) 3 ❖ 50+ Builder Awards, Silver Achievement Award in the Affordable Community Category(2012) 3 Our Properties 4 Ill \ - Reese Court Villas .., ,, I `— I _ r/; -1 1-"'4. ■ a !� 1 p j 1l i I riot., '4 ,--i r rr r • x__ ,A` :L it M i F� Sphinx Development O 1 , Corporation is proud to be ; , ��= making quality apartment Deiareld Villas 11 F' I I'I homes affordable for " NE everyone. ' - d: ,•-- u— SDC projects have involved the following scope of services: Adhering to all TDHCA rules, laws and regulations in order to satisfy compliance requirements •: Obtain and complete financing and construction on ten (10) projects ❖ Recipients of various funding grants such as CDBG Funds and TCAP funds Created and collaborated with development teams for all projects including architects, engineering, market study and ESA testing Onsite Project manager and Construction manager to oversee every aspect of construction phase including but not limited to project plans, specs and progress. Experience in building relations with government officials including city council members, state reps and directors of city departments such as housing, building and economic development. 4 Our Properties s• Opened in 2003 100% Occupied `" _ � ❖ Offering 120 Apartments nI 4..1 Approx. 520 Families currently on waiting list. _ •:• Only one family achon Townhomes . scheduled to move out between now and the end of the 2015 school tj year. / — /�� a •:• 20%turnover, as compared to a 50% 71 r' ?'a r market standard. 1 L tl Our History in Wylie We came to City of Wylie fifteen years ago, when few businesses were giving Wylie much consideration. We opted to withdraw our first application in deference to the City of Wylie in support of the city management's long-term vision for neighborhood planning and development. Two years later, in 2001, when Bachon Townhomes received a Tax credit award, the banks were resistant toward investing in Wylie, considering it too much of a risk, and preferring instead to invest in our Ewing Villas project in Dallas, which also received a Tax credit award that same year. The only way we were able to get Bachon Townhomes financed was to make it a condition of getting the Dallas project, which was a very highly coveted project. Today, Bachon Townhomes is 100% occupied, and one our best performing assets. 5 Meet Our Staff v . , -- Amy McConnell,Property Manager.has 18 years of property management experience.and has lived and worked in Wylie for over 10 years.Amy takes great pleasure in providing affordable housing to - those in Wylie who desire a beautiful home that they can afford and be proud of.Amy.who purchased a home here with her family in 2004.was excited to find a career opportunity right here in town,thanks to Sphinx Residential,and has made a big contribution to the success of Bachon Townhomes.Away from the office.Amy enjoys spending time with her family and friends,and she is very active with the Wylie i baseball association. Carlos Quinonez,Lead Maintenance Supervisor,has lived and worked in Wylie for over 10 years.He has worked in this industry since 1998.Carlos has a great connection with the residents because he is local and understands their needs and expectations.Carlos,also a photographer,enjoys the many scenic photo al opportunities found here in Wylie.The Bachon Townhomes brochure's photos were taken by Carlos. a Horacio Ramos.Porter/Make Ready,who has worked in Wylie for 4 years.enjoys his job. 0 and takes pride in being an immaculate groundskeeper.Horacio,who has many talents, i including carpentry,is a family man,who finds the people of Wylie so kind and enjoys ' working here so much that he hopes to purchase a home in Wylie one day. Alyssa Holland.Leasing Agent.who moved to Wylie 10 years ago with her family when she was only in 3.grade,graduated Wylie East High School in 2013,and found employment right here in Wylie with Sphinx Residential.Alyssa,a full-time student at Collin County Community College.where she is an active member of Phi Theta Kappa International Honor Society.loves working with the happy residents of Bachon townhomes.When away from the office,Alyssa enjoys visiting Wylie Community Park with her family and f animals,and working out at the Wylie Recreation Center. A At Bachon Townhomes, we're very proud of our well-maintained property, our caring staff, and our wonderful residents. Residents like Quan Jones, who received a football scholarship to Baylor, moved out in June of 2013, and now owns his own home right here in Wylie. 0 And Cornel Walton, who was recently recognized by Notable Today as the most notable resident of Wylie. And D.J. Brennan, Editor in Chief of the Wylie East Newspaper, which received a certificate of excellence, who is currently on the Dean's Honor list at UTD. And Linda Nguyen, an exceptional student, who mentors younger students through a WISD program. And Mehnaz Bushra, who graduated from Wylie High School, and is currently attending medical school with hopes of becoming a brain surgeon. And Phoung Tran, a remarkable young lady, who graduated from Wylie High School, earned a scholarship, currently attends UNT, and is an Intern at the American Red Cross. We could go on and on, listing additional students who graduated in the top 10% of their class, went on to attend college, and grew into contributing, responsible members of our community... there are just too many to name them all, but we are proud of each and every one of them! I think it's safe to say that our Supportive Services programs at Bachon Townhomes, which includes after-school supervision,tutoring, nutritious snacks, and more, has been very successful, and continues to make a significant difference in the lives of our 6 children. 6 • Strategically Located 7 f ,__--- -_,.-411.m. .....vor __ . : ,..: , 1.5.„,::,, -1,4 . !c i.r.. `q %/ (New '„ 3dbritlge Apts 7 t ,,fact bilk Location: 2601 SH 78,Wylie,TX 75098 --------------------- ,,ie - ....,,m,4.'ilff Description:2015-LIHTC — Financing: Conventional with 9%Tax Credits owner: SDC Citygate Villas,LP r * P Name: Citygate Villas GP,LLC ) t � 'eveloper Sphinx Development Corporation Citygate Villas, the Gateway to Wylie Sphinx at Citygate Villas, which sits at 2601 State Highway 78 straddling the border between Wylie and Sachse, is strategically located to promote the City of Wylie and its best interests by providing both guests and residents with a positive first impression as they enter from the West on Wylie's most prominent thoroughfare, replacing the current junk yard and vacant lot. We are an active, contributing member of this community. We have made a commitment to the community, and will clean up an existing Junk Yard and beautify the area with a Nature Trail and Footbridge, if this Application is successful. Beautification plans include featuring the existing creek and creating a nature trail with a foot bridge crossing the creek, which will be visible to passersby on Hwy 78, and to visitors at the Woodbridge Golf Course. It will both present a good first impression of Wylie, and serve to promote a more healthy, active lifestyle for its residents. We are members of the Chamber of Commerce, and intend to stay and grow with Wylie for many years to come. 7 Development Site Plan rv. ;, w ' '*; ...- : ';'; ,:<"'11, . -...? g.j6 4 r: w, ty• iL -A VY b N ra a# 9r 'flu `fit lr Air `- AA�r AO eA .ieY d. r � .w � ag y O Sphinx Citygate Villas P Yg The Sphinx at Citygate Villas project in Wylie, a Mixed Income Multifamily Development with 132 apartment units and 7000 SF of retail space, will offer an affordable housing option to residents within the community, and attract new residents into the community. It consists of a 7-acre primary site. It is conveniently located near major shopping, dining, and the Woodbridge Golf Course. 8 Welcome to Wylie 9 pr 1 • a Ci 111 r i �sYL�1r •® �.,a ., �. Ate tie, • What a difference in Wylie's visitors our Citygate Villas will make! ❖ Life for WylieAesthetically Pleasing with master plan superiority ❖Offering Families and WISD Students proven Supportive Services ❖Complementary to the surrounding Golf Course and Existing Community ❖ Encouraging Active, Healthy Lifestyles ❖ Promoting a sense of community ❖ Improving Quality of Residents 9 Building & Rental Data 10 Total Net Rentable Square Footage 135,040 SF Accessory Structure Sq.Ft. 4,000 SF Total Rentable&Access.Sq.Ft. 139,040 SF Patio,Balconies&Utility Sq.Ft. 5% 6,752 SF Total Rentable Sq.Ft.&Patio etc. 145,792 SF Commercial Spaces(Sq.Ft.) 7,000 SF Total Overall Square Footage 152,792 SF Unit Mix—132 Units The proposed unit mix of Citygate Villas is as follows: • 26 Units Assigned to Tenants at Market Rate $748-$945 • 53 Units Assigned to Tenants at 60%of AMI $680-$900 • 43 Units Assigned to Tenants at 50%of AMI $556-$742 • 10 Units Assigned to Tenants at 30%of AMI $300-$389 NOTES 10 Sources & Uses of Funds EN pouFsss d Feeds Iles of Funds Amount %1 T41d Total Cash 8__Les %of Tolaf Land&Other Iroprawnents 1.660,000 12.576 7% Debt 8 Other Taxable Tax Exempt Contraction(sae,hard,park) 14.423,392 109.268 65% Primary Mortgage 6.233 000 0 6.233.000 28% Architecture&Engineering 636,500 4.822 3% Other Debt On OCR) 0 - 0% Pernik&Fees 770,100 5.834 3% Soil Funds{City HOME Paroapation) - 0% Financing 428,563 3.247 2% C. or Wylie Grant 56.118.95/M it 649.000 3% Construction Period Interest 514,223 3,896 2% Debt Serrce Reserve Fund Bonds - 0% Bond Costs - - 0% GIC Income i" 0% Tax Credit Costs 63.525 481 0% SPAY Soil Costs 38.250 290 0% Tex CreSt Equity 14.535,450 66% Legal 227.503 1,723 1% Deferred Dewgter Fee 30% 727.510 3% FF&E - - 0% GP Equity - 0% Pre Stabilization Costs 180,000 1,364 1% Reserves 801,924 8.075 4% Developer Fee 2,403,984 18.1813 11% Total Sources of Funds 22,144,960 100% Total Uses of Funds 22.144,960.. 167,785 100% NOTES 11 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY OF WYLIE, TEXAS, TO SUPPORT A PROPOSED DEVELOPMENT, PROVIDE DEVELOPMENT FUNDING, AUTHORIZING SPHINIX DEVELOPMENT CORPORATION TO APPLY TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR FUNDING FOR AN AFFORDABLE RENTAL HOUSING DEVELOPMENT TO BE LOCATED AT 2601 STATE HIGHWAY 78 AND NAMED SPHINX AT CITYGATE VILLAS WHEREAS, SDC Citygate Villas, LP, a to-be-formed Texas limited partnership (the "Applicant"), has proposed a development for affordable rental housing to be located at 2601 State Highway 78, named Sphinx at Citygate Villas (the "Development") in the City of Wylie, Texas (the "City"); and WHEREAS, Applicant has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2015 Competitive 9% Housing Tax Credits and HOME funds for the Development (the"Application"); and WHEREAS, Applicant desires Development funding as prescribed by the TDHCA Qualified Allocation Plan ("QAP") be provided by the City in the form of a grant, in-kind contribution, a contribution which will support the Development or a combination thereof for the Development; and WHEREAS, Applicant is seeking Development funding in the amount of $649,000 to be administered pursuant to the City's rules and guidelines and as may be prescribed in the TDHCA QAP; and WHEREAS, the TDHCA requires support be evidenced pursuant to Sections 11.9(d)(2)(B), 11.9(d)(2)(C), and 11.9(d)(2)(D) of the QAP as a firm commitment in the form of a resolution from the City. It is hereby RESOLVED, that the City of Wylie ("City"), acting through its governing body, hereby confirms that it supports the proposed Development to be located at 2601 Highway 78, Wylie, Texas/Application No. 15298 and that this formal action has been taken to put on record the opinion expressed by the City on February 24, 2015. FURTHER RESOLVED, the City appoints Sphinx Development Corporation to act on its behalf in applying for TDHCA HOME funds for the Sphinx at Citygate Villas(the"Development") in the City of Wylie, Texas; provided, however, the City disclaims any liability for administration or repayment of any HOME funds which may be loaned to Sphinx Development Corporation or its affiliates or the Applicant by TDHCA. FURTHER RESOLVED, the City authorizes a firm commitment of Development funds to the Applicant for the Development in the form of a grant, in-kind contribution, a contribution which will support the Development or a combination thereof for the Development in the amount of $649,000 to cover the estimated costs associated with impact fees and permit,review and inspection fees. 4833-6344-0161.v4 FURTHER RESOLVED, The City acknowledges the Applicant submitted a request for Development funds and City authorizes a firm commitment of Development funds. FURTHER RESOLVED, that for and on behalf of the governing body, Eric Hogue, Mayor of the City of Wylie is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. FURTHER RESOLVED, the recitals contained herein above are true and correct and that this resolution shall take effective immediately from and after its passage and it is accordingly so resolved. PASSED and APPROVED on this day of , 2015. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary 4833-6344-0161.v4 City of Wylie Resolution for Provision at Westgate Commons Development Whereas Gardner Capital Development Texas, LLC ("Gardner Capital") has proposed a development for affordable rental housing, along the southerly frontage of State Route 78 at the intersection with South Westgate Way, named Provision at Westgate Commons in the City of Wylie; and Whereas, there is a need for affordable housing for the City of Wylie's citizens of modest means; and Whereas, Gardner Capital and/or the Partnership (to be formed with affiliates of Gardner Capital) (the "Applicant") intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2015 Low Income Housing Tax Credit Program funds for Provision at Westgate Commons; Whereas, the application for the funding of tax credits requires a match of local funds in the form of a loan or in kind contribution. Be it resolved that: This resolution affirms the City of Wylie's support for the above named development; and The City of Wylie is not a related party to the Applicant; and This resolution is a firm commitment from the City of Wylie for the purposes of Commitment of Development Funding by a Local Political Subdivision in the amount of$686,000; and These funds will be in the form of a permanent loan (with a minimum term of 15 years, minimum amortization of 30 years and annual interest rate no higher than 3%), which will directly support the development Provision at Westgate Commons; and That any funds committed to this development have not been first provided to the City of Wylie by the Applicant or a Related Party; and Resolved this date....[city/county to use its format for resolutions].