Ord 58-2015 12/15/2015 Ordinance No. 58-2015
Ordinance granting a variance from Section 5430.13 of the Code of
Ordinances of the City of Wichita Falls, which prohibits alcohol sales
within 300 feet of school property to allow for an off-premise
alcoholic beverage sales permit, to a property described as a portion
of 13.723 acres of land in Block 19 Denton County School Land
Survey, Abstract No. 58 and described in Exhibit A and shown on
Exhibit B, which is owned by Bar South, LLC and Barnett Estates
Villas, LLC
WHEREAS, Section 5430.B. of the Wichita Falls Code of Ordinances provides as
follows:
5430. B. The sale of alcoholic beverages within the city by any dealer whose
place of business is within 300 feet of a public or private school is hereby prohibited.
The measurements of the distance between the place of business where alcoholic
beverages are sold and the public or private school shall be in a direct line from the
property line of the public or private school to the property line of the place of business,
and in direct line across intersections. If the place of business where alcoholic
beverages are sold is located on or above the fifth floor of a multistory building, the
method of measurement shall be in a direct line from the property line of a public or
private school to the property line of the place of business, in a direct line across
intersections, and vertically up the building at the property line to the base of the floor on
which the permit or license holder is located.
WHEREAS, the property identified in Exhibits A and B is within 300 feet of
Wichita Falls Independent School District property; therefore, Bar South, LLC and
Barnett Estates Villas, LLC, the owners of said property, is requesting a variance for the
property from the Section 5430.13. prohibition of the sale of alcoholic beverages; and,
WHEREAS, the City Council, after consideration of the health, safety, and
welfare of the public and the equities of the situation, finds that strict enforcement of
Section 5430.B. of the Zoning Ordinance is not in the best interest of the public, creates
an undue hardship on the applicant, and is not effective or necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
A variance from Section 5430.B. of the Code of Ordinances of the City of Wichita
Falls, which prohibits alcohol sales within 300 feet of a school, is granted to the property
identified in Exhibits A and B, incorporated into this ordinance, for the requested off-
premise alcoholic beverage sales permit.
PASSED AND APPROVED this the 15t" day of December, 2015.
MAYOR
ATTEST:
Cit
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EXHIBIT A
Kimley>))Horn Page I
LEGAL_DESCRIPTION
BEING a tract of land situated in the DENTON COUNTY SCHOOL LAND SURVEY,Abstract No.58,
Wichita County,Texas; and being a portion of the 13.723 acre tract of land described in the deed to Bar
South, LLC, as recorded in Volume 2354, Page 159 of the Deed Records of Wichita County,Texas and
being a portion of the 9.46 acre tract described in the deed to Barnett Estates Villas, LLC, as recorded in
Volume 3243, Page 625 of the Deed Records of Wichita County,Texas and being more particularly
described as follows:
COMMENCING at a bent 112"iron rod found for the southwest corner of said 13.723 acre tract and being
in the north right-of-way line of Southwest Parkway, (120 foot right-of-way),from which a 1/2"iron rod
found bears N 15°34'59"W,a distance of 2.48 feet and then run S 89°49'32"E, along the south line of
said 13.723 acre tract and said north right-of-way line of Southwest Parkway, a distance of 307.62 feet
(N 89'44'10"E call)to the POINT OF BEGINNING;
THENCE North 0'06'14"East departing said south line of 13.723 acre tract and said north right-of-way
line of Southwest Parkway, a distance of 461.36 feet to a capped 5/8'iron rod set marked"KHA";
THENCE North 89b53'4 "West„a distance of 12500 feet;to a capped 5/8"iron rod set marked"KHA'r
THENCE North 6°06'15"East,a distance of 225.00 feet to a capped 5/8"iron rod set marked"KHA`
"THENCE North 89°5348" West;a distance of 81.96 feet to a capped 5/8"'iron rod set marked"KHA";
THENCE North 0'06'15"East, a distance of 72,14 feet to a capped IV? iron rod found marked "CDRRLET
PROBST&BOYD"for a re-entrant corner of said 13 723 acre tract,the southeast of a 0.83 of an acre
tract of land described in the deed to the City of Wichita Falls,Texas as recorded in Volume 1875, Page
304 of said Deed Records and being the southeast corner of Country Hollow(having a 50 foot right-of-
way)and bung the beginning of a non-tangent curve
to the right having;
THENCE southeasterly departing said 13.723 acre tract and said 0.83 of an acre tract, along said curve
to the right, having a central angle of 52'01"12",an arc length of 13 62 feet, a radius of 15.00 feet,and a
long chord bearing and distance of South 63°50'1 °" East, 13.16 feet to a capped 5/8"iron rod set
marked"KHA"at the beginning of a reverse curve to the left;
THENCE northerly along said curve to the left, halving a central angle of 284402`25", an arc length of
247.87 feet, a radius of 50.00 feet„ and a long chord bearing and distance of North 0°09"06"East, 61,54
feet to a capped'5/8"iron rod set marked"KHA" at the beginning of a reverse curve to the right;
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THENCE alongvaidoow*to#n»hghLhevinganentru|engleof52°O1'12,. anamkmgthof1X.02foot, u
radius nf15.00 feet, and m long chord bearing and distance n{South O4^08'3O"West, 15.1n feet tom
point for corner;
THENCE North 09'5023'West, a distance ofO.08 feet hoa capped 5/8"iron rod set marked"KMA in
the northerly west line of said 13.723 acre tract and the east line of said 0.83 of an acre tract;
THENCE NV^O5'37"E`along said northerly west line o[13723 acre tract and said east line ofV.83o{mn
acre tract, a distance of 192.88(N 0'22'45"W call)to a point(point is under pvc pipe)for the north
corner of said 13,723 acre tract and the westerly southwest corner a 9.46 acre tract described in the
deed to Barnett Estates Villas, ILLC, as recorded in Volume 3243, Page 625 of said Deed Records;
THENCE S5V^31'58"E. along the common line nf said 10723 acre tract and said 8.4e acre tract, a
distance of934.55 feet(850^58'1r'E call)k/a point for corner(point io under love pipo);
THENCE North 8A"26'28'East, departing said common line of13.723 acre tract and 948 acre tract, a
distance of9670 feet too capped 50"iron rod set marked'�KH/(';
THENCE South 89035'40"East,a distance of 136.03 feet to a capped 5/8"iron rod set marked"KHA"in
the east line cx said 9,4G acre tract for the west ri8ht-nf-way line of Barnett Road (having a127hght-nf-
way);
THENCE South W2023"West,along said east line of 9.46 acre tract and said west right-of-way line of
Barnett Road,a distance nf194.53feet toa%"iron rod found for the southeast corner o[said 8.4Vacre
tract for the northeast corner of a 50 foot wide drainage channel right-of-way as recorded in Volume 924.
Page 75uf said Deed Records;
THENCE North 8903640"West, along the south line of said 9.46 acre tract and the north line of said 50
foot wide drainage channel right-of-way, a distance of 50.12 feet to a%`iron rod found with"CORRLET
PROBST&BOYD"cap found for the southwest corner of said 9.46 acre tract and the most easterly
corner of said 13723aore(root� '
THENCE westerly, southwesterly and southerly along the common line of said 13.723 acre tract and said
VU foot wide drainage hght-of-wmy the following:
N89`41'Y7'VV. a distance of7276 feet(B8S,5R'3U"VV7278 feet oa||)(ua capped 1/2"iron rod found
marked.00RRLETPR0B8T8COYD^
'
845,0024"N( m distance vY9V.02 feet(844^353V'VV9V,62 feet call)1ua1/7 iron rod found;
8V^11'31"VV.o distance of21o.50 feet(80^14'3O"E219.07 feet call)tna 1/2" iron rod found for the
southerly southeast corner of said 13.723 acre tract,the southwest corner of said 50 foot wide drainage
right-of-way and being in said north right-of-way line of Southwest Parkway;
THENCE ND8,49'32"yY' along the south line of said 1J.723 acre tract and said north hgh|^uf-way line of
Kimley-oHorn ;image 3
Southwest Parkway, a distance of 519.13 feet(S 89°44'19"W call)to the POINT OF BEGINNING and
containing 9.8037 acres or 427,049 square feet of[and:
All bearings shown are expressed as grid bearings(Texas Coordinate System of 1983,Zone 4202, NAD
83 Datum),as determined by GPS observations.All dimensions shown are ground distances To obtain
a grid distance, multiply the ground distance by the Project Combined Factor(PCF)of 0.999860661.
James Paul Ward
P
o
Registered Professional Land Surveyor No, 5606
Kimley-Horn and Associates, Inc.
01 Cherry Street, Unit 11, Suite 950
Fort Worth,Texas 76162
Ph. 817-335-6511
paul,ward@kimley-horn.com
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JAM S PAUL WARD
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EXHIBIT WICHITA FALLS,TX#5351-00 Kimley*Horn
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