HomeMy WebLinkAboutOrdinance 18031-03-2008ORDINANCE NO. 18031-03-2008
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY THE
AMIENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL
PROTECTION AND COMPLIANCE," ARTICLE IV
"GROUNDWATER AND SURFACE WATER QUALITY,"
BY AMENDING APPENDLX "A" "MUNICIPAL SETTING
DESIGNATION SITES IN FORT WORTH," BY THE
ADDITION OF SECTION 15; DESIGNATING CFW-MSD-
0015, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0015 PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO
$2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE
ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Museum Place Holdings, LLC. (Applicant) has filed an
application for support of a resolution seeking a Municipal Setting Designation
for the site known as the Museum Place Development, Fort Worth, Texas, the
metes and bounds description being attached hereto as Exhibit "A" (Site); and
WHEREAS, upon passage of a supporting resolution by the City Council,
Applicant intends to file a separate application with the Executive Director of the
Texas Commission on Environmental Quality (TCEQ) for certification of an
MSD for the Site pursuant to Texas Health and Safety Code, Chapter 361,
Subchapter W; and
WHEREAS, Applicant has continuing obligations to satisfy applicable statutory
and regulatory provisions concerning groundwater contamination investigation
and response actions at the Site; and
WHEREAS, the City Council of the City of Fort Worth is of the opinion that it is
in the best interest of the public to support Applicant's application to the Texas
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Commission on Environmental Quality for a Municipal Setting Designation for
the Site; and
WHEREAS, in order for the TCEQ to certify the Site the city must prohibit the
potable use of groundwater from beneath the Site; and
WHEREAS, a public drinking water supply system exists that supplies or is
capable of supplying drinking water to the Site, and property within one-half mile
of the Site; and
WHEREAS, where public drinking water is available, the potable use of
groundwater in designated areas should be prohibited to protect public health and
welfare when the quality of the groundwater presents an actual or potential threat
to human health
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Chapter 12.5 "Environmental Protection and Compliance," Article N, "Groundwater and
Surface Water Quality," Appendix A, "Municipal Setting Designation Sites in Fort Worth," of
the Code of the City of Fort Worth (1986) as amended, is hereby amended by the addition of
Section 15 to read as follows:
APPENDIX A -MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
7. CFW-MSD-0015
(a) CFW-MSD-0015 is defined as follows:
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Being an approximately 15.36 acre tract, consisting of seven City Blocks, herein
referenced as Block A, Block Al, Block A2, Block B, Block B1, Block C, and
Block D, which consists of the following properties:
Block A: 3303, 3305, 3311 and 3325 W. 7~' Street, Fort Worth, TX.
3316 and 6600 Camp Bowie Blvd, Fort Worth, TX.
3301 and 3329 Darcy Street, Fort Worth, TX.
Block Al : 700 and 750 University Drive, Fort Worth, TX
3105 W. 6~' Street, Fort Worth, TX.
701 Bailey Ave., Fort Worth, TX
Block A2: 3300 W. 7~' Street, Fort Worth, TX.
Block B: 3230 and 3214 Camp Bowie Blvd., Fort Worth, TX.
Block B 1: 3100 Camp Bowie Blvd., Fort Worth, TX.
Block C: 3208, 3218, 3220, 3234, and 3236 W. 7~' Street, Fort Worth, TX.
700 Arch Adams Street, Fort Worth, TX
700 Barden Street, Fort Worth, TX.
Block D: 3125 and 3137 W. 6~' Street, Fort Worth, TX.
711 Barden Street, Fort Worth, TX.
3112, 3124, 3128, 3130, and 3132 7~' Street, Fort Worth, TX.
The metes and bounds descriptions of land (Exhibit A) and map of CFW -MSD
- 0015 (Exhibit B) follow;
(b) The designated groundwater beneath CFW-MSD-0015 is shallow, perched
groundwater. The groundwater that is sought to be restricted is shallow, perched
groundwater that occurs at depths of eight (8) to fifteen (15) feet below the ground
surface (bgs) down to the top of the underlying, confining limestone layer that occurs at a
depth of sixteen (16) feet bgs. The affected shallow groundwater is not a designated,
recognized major or minor aquifer. The chemicals of concern detected in the designated
groundwater exceeding the applicable Tier 1 TRRP Residential Protective Concentration
Levels (PCLs) include: benzene, MTBE, tetrachloroethene, cis-l,2-dichloroethene and
trichloroethene.
(c) The use of the designated groundwater in CFW-MSD-0015 for potable
and irrigation purposes is hereby prohibited. This prohibition is necessary
because the contaminant concentrations exceed potable water standards.
(d) The City will provide advance written notice to the Texas Commission on
Environmental Quality, as much as is practicable, prior to enacting an
ordinance repealing or amending this section.
Page 3 of 9
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of
Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences,
clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with
or who resists the enforcement of any of the provisions of this ordinance shall be fined not snore
than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION 5.
.All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of the provisions of the ordinances amended in Section 1, which have accrued at the time
of the effective date of this ordinance and, as to such accrued violations and all pending litigation,
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both civil and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but maybe prosecuted until fmal disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and
Section 4 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth,
Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas
and by Section 52.013, Texas Local Government Code.
SECTION 7.
This ordinance shall be in full force and effect after its passage and publication as required by law,
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
DAVID YETI, CITY ATTORNEY
~~,~ ~ . ~
By CHRIS A R. LOPEZ
ASSISTANT CITY ATTO~Y
Adopted: March 25 2008
Effective: ~ _.._._~
~~
Page 5 of 9
EXHIBIT A
METES AND BOUNDS DESCRIPTION
MUSEUM PLACE HOLDINGS, LLC
MUNICIPAL SETTING DESIGNATION (MSD)
PROPERTY DESCRIPTION
BEING a tract of land situated in the City of Fort Worth, Tarrant County, Texas and
being all of Lot 4R1, Block 2, Van Zandt Hillside Addition, as recorded in Volume
388-206, Page 81, Plat Records, Tarrant County, Texas, all of Lots 3 and 4 and a
portion of Lot 5, Drake Subdivision, as recorded in Volume 848, Page 437, Plat
Records, Tarrant County, Texas, all of Lot A, a portion of Lot B, all of Lots 4 through
8, of Block 1, all of Lots 1 through 7, all of Lots 17 through 22, and a portion of Lot 8,
of Block 5, Van Zandt Hillside Addition, as recorded in Volume 204, Page 4, Plat
Records, Tarrant County, Texas, a portion of Lot 4, Block 1, Lots 10, 11, 16, 17 and
a portion of Lot 12, Block 3, all of Lots 19 and 20, Block 4, William J. Bailey Addition,
as recorded in Volume 310, Page 61, Plat Records, Tarrant County, Texas, all of Lot
IR, Block 1, William J. Bailey Addition, as recorded in Cabinet A, Slide 1 1735, Plat
Records, Tarrant County, Texas, all of Lot IR, Block 2, William J. Bailey Addition, as
recorded in Cabinet A, Slide 11939, Plat Records, Tarrant County, Texas, all of Lot
13R, Block 3, William J. Bailey Addition, as recorded in Volume 388-13 1, Page 48,
Plat Records, Tarrant County, Texas, all of Lot A-R, Block 3, William J. Bailey
Addition, as recorded in Volume 388-163m Page 91, Plat Records, Tarrant County,
Texas, portions of Barden Street, Bailey Avenue, West 7th Street, Arch Adams
Street, Arch Adams Lane, and Darcy Street, a portion of the alley in Block 3 of said
William J. Bailey Addition, as recorded in Volume 3 10, Page 61, Plat Records,
Tarrant County, Texas, and a portion of the alley in Block 5 of said Van Zandt
Addition, as recorded in Volume 204, Page 4, Plat Records, Tarrant County, Texas,
and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said lot 4R1, Block 2, Van Zandt Addition,
being at the intersection of the east right-of-way line of Boland Street and the south
right-of-way line of existing West 7th Street;
THENCE South, 116.00 feet along the east right-of--way line of said Boland Street;
THENCE N 62°16'00"E, 19.24 feet;
THENCE S 26°13'10"E, 55.66 feet;
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THENCE South, 43.15 feet to the northerly right-of--way line of Darcy Street;
THENCE N 63°02'06"E, 59.46 feet along the northerly right-of-way line of said Darcy
Street;
THENCE S 27°17'45"E, 216.00 feet;
THENCE S 63°02'06"W, 3.07 feet;
THENCE S 27°04'32"E, 140.00 feet to the northerly right-of--way line of Camp Bowie
Boulevard;
THENCE N 63°02'06"E, 61 1.22 feet along the northerly right-of-way line of said
Camp Bowie Boulevard;
THENCE N 00°14'50"W, 218.22 feet to the south right-of-way line of West 7th
Street;
THENCE East, 209.56 feet along the south right-of--way line of said West 7th Street;
THENCE S 00°00'58"E, 112.07 feet returning to the northerly right-of-way line of
said Camp Bowie Boulevard;
THENCE N 63°02'06"E, 247.15 feet to the beginning of anon-tangent curve to the
left;
THENCE with said non-tangent curve to the left, an arc distance of 118.94 feet,
through a central angle of 06°48'53 sec., having a radius of 1000.00 feet, the long
chord of which bears N 75°57'49"E, 118.87 feet to the beginning of a compound
curve to the left;
THENCE with said compound curve to the left, an arc distance of 102.66 feet,
through a central angle of 47°03'15 sec., having a radius of 125.00 feet, the long
chord of which bears N 54°21'16"E, 99.80 feet;
THENCE N 06°31'15"E, 111.99 feet to and along the westerly right-of-way line of
University Drive North;
THENCE N 89°54'26"E, 3.58 feet continuing along the westerly right-of-way line of
said University Drive North;
THENCE N 03°48'15"E, 144.39 feet continuing along the westerly right-of--way line
of said University Drive North;
THENCE N 43°09'05"W, 6.83 feet to the south right-of-way line of West 6th Street;
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THENCE S 89°53'38"W, 203.96 feet along the south right-of-way line of West 6th
Street;
THENCE S 81 °46'47"W, 98.93 feet across said Bailey Avenue to the most northerly
northeast comer of said Lot IR, Block 2, William J. Bailey Addition;
THENCE West, 224.98 feet along the north line of said Lot IR, Block 2, William J.
Bailey Addition and across said Barden Street to the west right-of-way line of said
Barden Street;
THENCE N 00°03'18"W, 39.43 feet to the south line of Lot 2, Block A, Bombay
Addition, as recorded in Cabinet A, Slide 10625, Plat Records, Tarrant County,
Texas;
THENCE West, 549.70 feet along the south line of said Lot 2, Block A, Bombay
Addition and along the south line of Lot 1, Block A, said Bombay Addition and
across Arch Adams Street and Arch Adams Lane;
THENCE South, 174.35 feet to and along the west right-of-way line of said Arch
Adams Lane;
THENCE N 89°59'01"W, 100.1 8 feet;
THENCE S 00°10'20"E, 198.17 feet to the existing north right-of-way line of said West
7t" Street;
THENCE N $9°51'03"W, 57.48 feet along the existing north right-of-way line of said
West 7t" Street;
THENCE South, 4.08 feet continuing along the existing north right-of-way line of said
West 7t" Street;
THENCE West, 212.32 feet continuing along the existing north right-of-way line of said
West 7th Street to the POINT OF BEGINNING and containing 15.361 acres of land
more or less.
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EXHIBIT B
Museum Place Holdings, LLC MSD ~~ ~ ~;~~ ~ ~ ~ ~~ ; ` , ~
Museum Place Development, Fort Worth, Texas ° ~ ~ ~ 1~ ~ ~ ~ ~ . ~`~ i =" ~ , : ~ ~~
5 ~ tS_.~ ~ .. by 7,~"L'1
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Page 9 of 9
Cif ®f ®rt V~®h, T"e~as
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/25/2008 -Res. No. # 3609-03-2008 & Ord. No. # 18031-03-
2008
DATE: Tuesday, March 25, 2008
LOG NAME: 52MSD MUSEUM PL REFERENCE NO.: G-16090
SUBJECT:
Adopt a Resolution Supporting the Application of Museum Place Holdings, LLC, for a Municipal
Setting Designation for the Site Known as Museum Place Development, Fort Worth, Texas, to the
Texas Commission on Environmental Quality, and Adopt an Ordinance Prohibiting the Potable Use
of Designated Groundwater from Beneath the Site
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of Museum Place Holdings, LLC, for approval of a Municipal
Setting Designation (MSD) for the Site known as Museum Place Development, an approximately 15.361-
acre tract, more fully described in Exhibit "A", to allow the public the opportunity to give testimony;
2. Adopt the attached resolution supporting the Applicant's application to the Texas Commission on
Environmental Quality (TCEQ) for a MSD for the Site; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site.
DISCUSSION:
In 2003, a state law became effective creating the concept of a Municipal Setting Designation (MSD). The
purpose of a MSD is to certify properties in order to limit the scope of or eliminate the need for investigation
of or response actions addressing contaminant impacts to groundwater that has been restricted from use as
potable water by municipal ordinance. An applicant, usually the property owner, must apply to the TCEQ
for certification of property as a MSD. If granted, the applicant will not be required to clean up designated
groundwater on the site to drinking water standards, although other cleanup standards such as inhalation,
contact, and impact to ecological receptors, must still be met. The application will not be approved by the
TCEQ if the municipality where the site is located does not give formal approval. That approval must be by
means of a city council resolution supporting the application and an ordinance prohibiting potable use of
groundwater in the MSD area (potable water is water used for irrigating crops intended for human
consumption, drinking, showering, bathing or cooking purposes).
In January 2005, City Council adopted an ordinance creating a procedure to bring a MSD application before
City Council. The procedure includes filing an application with the City, staff review of the application for
potential impacts to City interests, a public meeting held for the purpose of providing information on the
application to the affected community, and a public hearing.
On February 5, 2008, Museum Place Holdings, LLC, filed an application with the City seeking support of an
MSD for the Site known as the Museum Place Development, Fort Worth, Texas. Staff from the departments
Logname: 52MSD MUSEUM PL Page 1 of 2
of Engineering, Environmental Management, Planning and Development, Transportation and Public Works,
and Water, reviewed the application for potential impacts to City interests. No significant concerns were
identified.
Notice was issued as required by ordinance, and a public meeting was held in the Tandy Lecture Hall of the
Fort Worth Central Library on March 10, 2008. Five representatives of the Applicant and two city staff were
present. Three residents of Fort Worth and surrounding cities were in attendance. No comments from
residents adverse to this application were received.
The groundwater that is sought to be restricted is shallow, perched groundwater that occurs at depths of
eight to 15 feet below the ground surface (bgs) down to the top of the underlying, confining limestone layer
that occurs at a depth of 16 feet bgs. The affected shallow groundwater is not a designated, recognized
major or minor aquifer. The chemicals of concern detected in the designated groundwater exceeding the
applicable Tier 1 TRRP Residential Protective Concentration Levels (PCLs) include: benzene, MTBE,
tetrachloroethene, cis-1,2-dichloroethene and trichloroethene.
The Fort Worth Water Department provides water service to all existing residential and
commerciallindustrial properties within the City limits of the City of Fort Worth, within '/2 mile of the MSD
boundary. All undeveloped properties (within the City Limits of the City of Fort Worth) within '/2 mile of the
Site are eligible to receive water service from the Fort Worth Water Department in accordance with the
Texas Water Service Certificate of Convenience and Necessity (CCN) No. 12311 (City of Fort Worth) and
the City of Fort Worth Policy for the Installation of Community Services. There are no other cities within '/Z
mile of the MSD boundary.
The Site is located in COUNCIL DISTRICT 7 and is zoned MU-2, High Intensity Mixed Use.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office bk Carl Smart (6183)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname: 52MSD MUSEUM PL Page 2 of 2