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2019-091 Fireside Park Development Rezoning RequestDate: May 3, 2019 Report No. 2019-091 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Information regarding the current rezoning request for the Fireside Park development. EXECUTIVE SUMMARY: On April 9, 2019, the City received a request for rezoning to modify overlay restrictions for the Fireside Park development located at the southwest corner of West Windsor Drive and Hinkle Drive. The subject property, currently being developed as Fireside Park, has a zoning designation of NR-3 District (with overlay conditions) and was recently platted with 107 single-family residential lots and two common area lots to be maintained by a Homeowner’s Association. Previous zoning approvals included overlay conditions to address surrounding neighborhood compatibility concerns, included in the background. The applicant is seeking to modify the two overlay conditions on the property listed below: 1. Perimeter Fencing- The applicant has requested the requirement for “wrought” iron fencing be removed and the development be allowed to follow the 2002 Development Code standards. The Code states perimeter fences are not mandatory, but if constructed, must be constructed of wood, wrought iron, masonry, brick, vinyl, PVC, or composite material (Section 35.13.9.A). If this overlay condition were to be removed and no additional condition placed on the property, the development would not be required to install fencing. 2. Exterior Building Materials- The applicant has also requested to remove the requirement that the exterior of the homes be brick or stone and allow the development to follow the 2002 Development Code. If approved there would be no minimum masonry requirement, and would allow wood, masonry, stone, stucco, HDO board, or other high quality material customarily used for the building style to be used (Section 35.13.13). Prior to scheduling the item for public hearing, staff directed the applicant to hold a meeting with the surrounding neighborhoods to inform the property owners and residents of the developer’s request to remove the overlay restrictions. The applicant has scheduled the neighborhood meeting on Wednesday, May 8, 2019, from 6:00 to 8:00 pm at the North Branch Library, 3020 N. Locust St. Staff will update the City Council once the item has been scheduled for public hearing. BACKGROUND: 2007 - On February 6, 2007, City Council approved a zoning change from NR-2 to NR-3 with overlay restrictions for approximately 30.7 acres located on the southwest corner of West Windsor Drive and Hinkle Drive. The rezoning increased the density from two dwelling units per acre to three and one-half dwelling units per acre. The overlay conditions were based upon a very detailed site plan which included single-family detached and townhome dwellings: 1. The woods along the south and east boundary of the site will be preserved. Date: May 3, 2019 Report No. 2019-091 2. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a decorative finial at the comer of each lot will be installed along the perimeter of the site. The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery between the fence and sidewalk will be installed to obtain privacy. The distance from the fence and back of sidewalk will be a minimum of 12-feet. The developer, and later an H.O.A., will take responsibility for maintenance and irrigation of the approximately 3-acre perimeter landscape area. 3. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 4. The following restrictions and conditions shall apply to single- family detached homes: a. Street right-of-way shall be a minimum of 56 feet. b. Parkway width shall be a minimum of 9 feet. c. Sidewalk width shall be a minimum of 5 feet. d. Front yard setback shall be a minimum of 15 feet. e. Side yard setbacks shall be a minimum of 6 feet. f. Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages. g. Rear yard setback shall be a minimum of 20 feet if garages are accessed through the rear of the property. h. Front Entry Garages shall be setback 12 feet from the front most wall of that unit. i. Three-car Garages shall not face the street. 2015 - In 2015, a new property owner approached the City with a proposed development for single-family homes for adults aged 55 and older. The owner determined that some of the overlay restrictions would limit development. As a result, they submitted a rezoning application to amend the overlay restrictions. The restrictions removed were design-related and did not increase the density. The following changes were made to the 2007 overlay conditions and are currently in effect for the property: 1. The woods along the south and east boundary of the site will be preserved. 1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a decorative finial at the comer of each lot will be installed along the perimeter of the site. The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery between the fence and sidewalk will be installed to obtain privacy. The distance from the fence and back of sidewalk will be a minimum of 12-feet. The developer, and later an H.O.A., will take responsibility for maintenance and irrigation of the approximately 3-acre perimeter landscape area all open spaces and site amenities. 2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 3. The following restrictions and conditions shall apply to single- family detached homes: a. Street right-of-way shall be a minimum of 56 feet. b. Parkway width shall be a minimum of 9 feet. c. Sidewalk width shall be a minimum of 5 feet. d. Front yard setback shall be a minimum of 15 feet. e. Side yard setbacks shall be a minimum of 6 feet. f. Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages. Date: May 3, 2019 Report No. 2019-091 g. Rear yard setback shall be a minimum of 20 feet if garages are accessed through the rear of the property. h. Front Entry Garages shall be setback 12 feet from the front most wall of that unit. 3. Three-car Garages shall not face the street public or private right-of-way where the entrance/address is located. 4. Any ingress or egress to the subject property shall not remove the on-street bike lane on Hinkle Drive ATTACHMENTS: 1. 2015 Zoning Ordinance 2. 2007 Zoning Ordinance STAFF CONTACT: Julie Wyatt Senior Planner, Development Services 940-349-8585 Julie.Wyatt@cityofdenton.com sAlegal \our documents \ordinances \15\715- 0065,docx ORDINANCE NO. W15 -- 17 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2007 -032 WHICH PROVIDED FOR A ZONING CHANGE TO A NEIGHBORHOOD RESIDENTIAL 3 (NR -3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ALONG WITH AN OVERLAY DISTRICT, IN ORDER TO MODIFY CONDITIONS RELATED TO DESIGN CRITERIA IN THE OVERLAY ON APPROXIMATELY 31 ACRES OF LAND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HINKLE DRIVE AND WINDSOR STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z15 -0005) WHEREAS, Bill Haney, has applied for a zoning change on approximately 31 acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference hereinafter, the "Property "), amending Ordinance No. 2007 -032 which provided for a zoning change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with an overlay district, in order to modify conditions related to design criteria in the overlay; and WHEREAS, on June 17, 2015, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (6 -1) of the change in zoning district and use classification; and WHEREAS, on July 21, 2015, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property , have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION m2. Ordinance No. 2007 -032 which provided for a zoning change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with an overlay district has been amended, subject to the following overlay conditions: 1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a cast stone column cap every 24 feet will be installed along the perimeter of the site. The setback of the proposed homes will be 50 feet minimum from the existing curb. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all open spaces and site amenities. 2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 3. Three -car Garages shall not face the public or private right -of -way where the entrance /address is located. 4. Any ingress or egress to the subject property shall not remove the on- street bike lane on Hinkle Drive. SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a use newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the o2,1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: day of 2015, Cliny" 17''S,MAYOR EXHIBIT A DESCRIPTION OF PROPERTY SURVEYED SITUATED in the city Denton, Denton County Texas, being a tract of land in the N. H. MEISENHEIMER SURVEY, Abstract No. 810 and the ROBERT BEAUMONT SURVEY, Abstract No. 31 and being a portion of that certain tract conveyed to Rayzor Investments Ltd., as Tract One in Section 5, in deed recorded in Volume 1796, Page 601 ofthe Real Property Records of Denton County, and said tract being more fully described as follows: BEGINNING at the northwest corner of Lot 1, Block 1, Gateway Addition, as shown on plat thereof recorded in Cabinet K, Slide 238, of the Plat Records of Denton County for the southwest corner ofa remainder of said Rayzor Investments Tract One in the east line ofthat certain Tract III conveyed to the City of Denton by deed recorded in Volume 695, Page 669, of said Real Property Records, said point being on a curve whose center bears North 82 degrees, 44 minutes, 43 seconds West, 2293.00 feet, and from said point a'' /2" iron rod found in place bears North 88 degrees, 36 minutes, 20 seconds West, 0.30 foot; THENCE northerly with said curve and said east line of City of Denton Tract III for the west line of said Rayzor tract remainder, passing the northeast corner of said City Tract III and the southeast corner of the certain Tract I conveyed to the City of Denton by said deed recorded in Volume 695, Page 669, and continuing with the east line of said Tract I and said curve, in all a distance of 948.72 feet to a "RPLS 1640" capped 5/8" iron rod set for the northwest corner of said Rayzor tract remainder, in the southeasterly line ofthat certain tract conveyed to the City of Denton as Tract I by deed recorded in Volume 697, Page 207 of said Real Property Records; THENCE North 46 degrees, 19 minutes, 50 seconds East, with the northerly line of said Rayzor tract remainder and said southeasterly line of City Tract I in Volume 697, Page 207, at 16.45 feet passing an "RPLS 1640" capped 5/8" iron rod set for reference, crossing the existing pavement of Windsor Drive, a publicly maintained roadway, continuing in all 104.66 feet; THENCE North 71 degrees, 38 minutes, 30 seconds East with the common line of said Rayzor tract remainder and said City Tract I in Volume 697, Page 207, again crossing said Windsor Drive pavement, in all 737.20 feet to the west corner of that certain tract conveyed to Rayzor Investments by Correction instrument recorded in Volume 3441, Page 883, of said Real Property Records; THENCE with the northerly and east lines of said Rayzor Investments tract for southerly and west lines ofa remainder of said City Tract I recorded in Volume 697, Page 207, the following courses and distances: North 60 degrees, 38 minutes, 10 seconds East, 177367 feet to the beginning of a curve whose center bears South 29 degrees, 21 minutes, 50 seconds East, 484.52 feet; Easterly with said curve 231.94 feet to an "RPLS 164" capped 5/8/" iron rod set for the end of said curve at the northeast corner of said Rayzor tract described in Volume 3441, Page 883; and, South 0 degrees, 53 minutes, 45 seconds West, 24.43 feet to the southeast corner of said Rayzor tract described in Volume 3441, Page 883, in the southerly line of said City Tract I in Volume 697, Page 207; THENCE North 71 degrees, 38 minutes, 20 seconds East with said southerly line of City Tract I recorded in Volume 697, Page 207, 15.37 feet to a southeast corner of said City Tract I in the existing pavement of Hinkle Drive, a publicly- maintained roadway. THENCE North 0 degrees, 53 minutes, 45 seconds East with the east line of said City Tract I in said Hinkle Drive pavement, 29.97 feet to the southwest corner ofthat certain tract of land conveyed to the City of Denton as Tract I in deed recorded in Volume 1163, Page 216, of said Real Property Records; THENCE South 89 degrees, 00 minutes, 30 seconds East, 18.82 feet to the southeast corner of said City Tract I recorded in Volume 1163, Page 216, in the east line of said Rayzor Investments tract and in the occupied center of said Hinkle Drive; THENCE with the said east line of Rayzor Investments tract and said occupied center of Hinkle Drive, South 1 degree, 17 minutes, 30 seconds West, 1282.43 feet, and South 0 degrees, 55 minutes, 25 seconds West, 1464.72 fee to the southeast corner of said Rayzor Investments tract, from which point a "H &N" capped 1/2" iron rod bears North 88 degrees, 36 minutes, 20 seconds West, 32.77 feet; THENCE North 88 degrees, 36 minutes, 20 seconds West with the south line of said Rayzor Investments tract remainder, at 30 feet passing the northeast corner of said Lot 1, Block 1, Gateway Addition and continuing with the north line of said Lot 1, 1078.45 feet to the PLACE OF BEGINNING, and containing 30.7036 acres (1,337.448 square feet), of which 0.5298 acre 23.080 square feet) lies within the probable limits of Windsor Drive (base on Windsor Drive being an 80 -feet wide right -of -way and the existing pavement being the eastbound (south) lanes of a divided roadway, and 0.9759 acre (42.510 square feet) lies within Hinkle Drive (based on one -half of 60 -foot wide right -of -way), leaving a net area of29.1978 acres (1,271.858 square feet). THIS DESCRIPTION PREPARED TO ACCOMPANY A SURVEY MAP FO THE DESCRIBED PROPERTY. S:\Our Documents\Ordinances\07\Z06-0014.doc ORDINANCE NO. 21)(}7 - tJ32 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) TO A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 30 ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HINKLE DRIVE AND WINDSOR STREET AND LEGALLY DESCRIBED AS SITUATED IN THE CITY OF DENTON, DENTON COUNTY TEXAS, BEING A TRACT OF LAND IN THE N. H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 AND THE ROBERT BEAUMONT SURVEY, ABSTRACT NO. 31 AND BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO RAYZOR INVESTMENTS LTD., AS TRACT ONE OF SECTION 5, IN DEED RECORDED IN VOLUME 1796, PAGE 601 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0014) WHEREAS, Rick Baria has applied for a change in zoning for approximately 30 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 3 (NR- 3) zoning district classification and use designation: and WHEREAS, on January 10, 2007, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble oftbis ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district classification and use designation for 30 acres of land described in Exhibit "A", as tract of land situated in the city of Denton, Denton County Texas, being a tract of land in the N. H. Meisenheimer Survey, Abstract No. 810 and the Robert Beaumont Survey, Abstract No. 31 and being a portion of that certain tract conveyed to Rayzor Investments Ltd., as Tract One in Section 5, in deed recorded in Volume 1796, Page 601 of the Real Property Records of Denton County, which is attached and incorporated for all purposes herein (the "Property"), is hereby changed from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 3 (NR-3) zoning district classification and use designation, with an overlay district containing the following restrictions and conditions: a. The woods along the south and east boundary of the site will be preserved. b. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a decorative finial at the comer of each lot will be installed along the perimeter of the site. The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery between the fence and sidewalk will be installed to obtain privacy. The distance from the fence and back of sidewalk will be a minimum of 12-feet. The developer, and later an H.O.A., will take responsibility for maintenance and irrigation of the approximately 3- acre perimeter landscape area. c. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. d. The following restrictions and conditioTlS shall apply to single-family detached homes: o Street right-of-way shall be a minimum of 56 feet. o Parkway width shall be a minimum of9 feet. o Sidewalk width shall be a minimum of 5 feet. o Front yard setback shall be a minimum of 15 feet. o Side yard setbacks shall be a minimum of 6 feet. o Rear yard setback shall be a minimum of 1 0 feet, except for Rear Entry Garages. o Rear yard setback shall be a minimum of 20 feet if garages are accessed through the rear ofthe property. o Front Entry Garages shall be setback 12 feet from the front most wall ofthat unit. o Three-car Garages shall not face the street. Notwithstanding the above real property description, the property being rezoned includes all property to the centerline of all adjacent street right-or-way. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification and use designation. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (l4) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 6'6'4 day of khnIJJq ,2007. Jf Exhibit A DESCRIPTION OF PROPERTY SURVEYED SITUATED in the city of Denton, Denton County Texas, being a tract of land in the N. H. MEISENHEIMER SURVEY, Abstract No. 810 and the ROBERT BEAUMONT SURVEY, Abstract No. 31 and being a portion of that certain tract conveyed to Rayzor Investments LId., as Tract One in Section 5, in deed recorded in Volume 1796, Page 601 of the Real Property Records of Denton County, and said tract being more fully described as follows: BEGINNING at the northwest corner of Lot I, Block 1, Gateway Addition, as shown on plat thereof recorded in Cabinet K, Slide 238, of the Plat Records of Denton County for the southwest corner of a remainder of said Rayzor Investments Tract One in the east line of that certain Tract III conveyed to the City of Denton by deed recorded in Volume 695, Page 669, of said Real Property Records, said point being on a curve whose center bears North 82 degrees, 44 minutes, 43 seconds West. 2293.00 feet. and from said point a 1/2" iron rod found in place bears North 88 degrees, 36 minutes, 20 seconds West, 0.30 foot; THENCE northerly with said curve and with said east line of City of Denton Tract III for the west line of said Rayzor tract remainder, passing the northeast corner of said City Tract III and the southeast corner of that certain Tract I conveyed to the City of Denton by said deed recorded in Volume 695, Page 669, and continuing with the east line of said Tract I and said curve, in all a distance of 948.72 feet to a "RPLS 1640" capped 5/8"iron rod set for the northwest corner of said Rayzor tract remainder, in the southeasterly line of that certain tract conveyed to the City of Denton as Tract I by deed recorded in Volume 697, Page 207 of said Real Property Records; THENCE North 46 degrees, 19 minutes, 50 seconds East, with the northerly line of said Rayzor tract remainder and said southeasterly line of City Tract I in Volume 697, Page 207, at 16.45 feet passing an RPLS 1640" capped 5/8" iron rod set for reference, crossing the existing pavement of Windsor Drive, a publicly maintained roadway. continuing in 011104.66 feet: THENCE North 71 degrees. 38 minutes, 30 seconds East with the common line of said Rayzor tract remainder and said City Tract I in Volume 697, Page 207, again crossing said Windsor Drive pavement, in all 737.20 feet to the west corner of that certain tract conveyed to Rayzor Investments by Correction instrument recorded in Volume 3441, Page 883, of, said Real Property Records; THENCE with the northerly and east lines of said Rayzor Investments tract for southerly and west lines of a remainder of said City Tract I recorded in Volume 697, Page 207, the following courses and distances: North 60 degrees, 38 minutes, 10 seconds East. 177.67 feet to the beginning of a curve whose center bears South 29 degrees, 21 minutes, 50 seconds East, 484.52 feet; easterly with said curve 231.94 feet to an "RPLS 1640" capped 5/8" iron rod set for the end of said curve at the northeast corner of said Rayzor tract described in Volume 3441, Page 883; and, South 0 degrees, 53 minutes, 45 seconds West. 24.43 feet to the southeast corner of said Rayzor tract described in Volume 3441, Page 883, in the southerly line of said City Tract I in Volume 697, Page 207; THENCE North 71 degrees, 38 minutes. 30 seconds East with said southerly line of City Tract I recorded in Volume 697, Page 207, 15.37 feet to a southeast corner of said City Tract I in the existing pavement of Hinkle Drive. a publicly-maintained roadway; . THENCE North 0 degrees. 53 minutes. 45 seconds East with the east line at said City Tract I in said Hinkle Drive pavement. 29.97 teet to the southwest corner of that certain tract at land conveyed to the City at Denton as Tract 1 in deed recorded in Volume 1163. Page 216. of said Real Property Records; THENCE South 89 degrees. 00 minutes. 30 seconds East. 18.82 feet to the southeast corner of said City Tract t recorded in Volume 1163. Page 216. in the east iine of said Rayzor Investments tract and in the occupied center of said Hinkle Drive; THENCE wilh the said east line of Rayzor Investments tract and said occupied center of Hinkle Drive. South I degree. 17 minutes. 30 seconds West. 1282.43 feet. and South 0 degrees. 55 minutes. 25 seconds West. 146.72 feet to the southeast corner of said Rayzor Investments tract. from which point a "H&N" capped 1/2" iron rod beors North 88 degrees. 36 minutes. 20 seconds West. 32.77 feet; THENCE North 88 degrees. 36 minutes. 20 seconds West with the south iine of said Rayzor Investments tract remainder. at 30 feet passing the northeast corner of said Lot I. Block I. Gateway Addition and continuing with the north line of said Lot I. 1078.45 feet to the PLACE OF BEGINNING. and containing 30.7036 acres (1.337.448 square feet). of which 0.5298 acre (23.080 square feet) lies within the probable limits of Windsor Drive {based on Windsor Drive being an 80 foot wide right-at-way and the existing pavement being the eastbound (south) lanes of a divided roadway. and 0.9759 acre (42.51O square feet) lies within Hinkle Drive (based on one-half at a 60 toot wide right-of- way). leaving a net area of 29.1978 acres (1.271.858 square feet). THIS DESCRIPTION PREPARED TO ACCOMPANY A SURVEY MAP OF THE DESCRIBED PROPERTY meis779ja