HomeMy WebLinkAboutOrdinance 20739-05-2013 ORDINANCE NO. 20739-05-2013
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY THE
AMENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL
PROTECTION AND COMPLIANCE," ARTICLE IV
"GROUNDWATER AND SURFACE WATER QUALITY,"
BY AMENDING APPENDIX "A" "MUNICIPAL SETTING
DESIGNATION SITES IN FORT WORTH," BY THE
ADDITION OF SECTION 22; DESIGNATING CFW-MSD-
0022, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0022; 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, TLC Bledsoe, LLC (Applicant) has filed an application for support
of a resolution seeking a Municipal Setting Designation (MSD) for the site known
as 2800 — 2824 (even) Bledsoe Street, Fort Worth, Texas, the metes and bounds
description being attached hereto as Exhibit"A" (Site); and
WHEREAS, notice to all interested parties has been provided in accordance with
all applicable law and a public hearing has been held on the matter on May 7,
2013; 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
Ordinance No.20739-05-2013
Page 1 of 5
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
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 IV, "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 22 to read as follows:
APPENDIX A—MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
Ordinance No.20739-05-2013
Page 2 of 5
21. CFW-MSD-0022
(a) CFW-MSD-0022 is defined as follows:
Being a tract of land situated in the City of Fort Worth, Tarrant County,
Texas and being Van Zandt's Park Addition, Lots I I R, 12R, 13R, 14R,
15R, 16R, and 17R, Block 13, and being more particularly described by
metes and bounds description(Exhibit A) and map of CFW - MSD—0022
(Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0022 is a shallow,
perched aquifer underlain by confining limestone-shale bedrock. Depth to
groundwater at the Site averages 13 to 15 feet below ground surface and
extends down to the surface of the bedrock at an average depth of 20 feet
below ground surface. The chemical of concern identified in groundwater
beneath the site exceeding applicable Tier I Texas Risk Reduction
Program (TRRP) Residential Protection Concentration Levels (PCLs) is
tetrachloroethene.
(c) The use of the designated groundwater in CFW-MSD-0022 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.
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
Ordinance No.20739-05-2013
Page 3 of 5
phrases, clauses, scutoutoa 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 nhraoco\uuae,eenteune`paragraph, or section.
SECTION 4.
Any person, firno' or corporation who violates, disobeys, omits, un8]eob, or refuses to comply
with orwho resists the enforcement of any of the provisions ofthis ordinance shall be fined not
more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is
permitted (o exist shall constitute o separate offense.
SECTION 5.
All rights and remedies of the City ofFort Worth, Texas, are expressly saved as to any and all
violations ofthe provisions of the ordinances amended in Section 1, which have accrued at the time
of the effective date of tlds ordinance and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending iu court ornot, under such ordinances, vumo shall not be
affected by this ordinance but may be prosecuted until fiuoJ disposition hy the courts.
SECTION 6'
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and
Seodnu 4 of this ordinance for two (2) days in the ntDciu| newspaper of the City of Fort Worth,
Texas, ou authorized by Section 2, Chapter }{2{l/ of the Charter of the City n{Fort Worth, Texas
and by Section 52.0l3, Texas Local Government Code.
ordinance No.2O73V-05-20|3
Page 4of5
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 FOR.M. AND LEGALITY:
ARTHUR N. BASHOR
ASSISTANT CITY ATTORNEY
ADOPTED: MU 7, 2013
EFFECTIVE:
Ordinance No.20739-05-2013
Page 5 of 5
Exhibit A
2800 — 2824 (even) Bledsoe Street
Metes and Bounds
1.109 Acre Tract
Lots I IR, 12R, 13R, 14R, 15R, 16R, and 17R, Block 13, VAN ZANDT'S PARK ADDITION, an
Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in
County Clerk's File No. D210043386, Plat Records, Tarrant County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron found at the Northeast corner of said Lot 11R in the South line of Lot
6R, said Block 13, said iron being in the West line of Foch Street (60' R.O.W.);
THENCE S 000 00' 00" E, along the West line of said Foch Street, 133.00 feet to a 1/2" iron
found at the intersection of the West line of said Foch Street and the North line of Bledsoe Street
(60' R.O.W.);
THENCE along the North line of said Bledsoe Street as follows:
S 450 00' 00" W, 7.07 feet to a 1/2" iron found;
N 900 00' 00" W, 345.00 feet to a building corner at the Southwest corner of said Lot 17R
and the Southeast corner of Lot 18R, said Block 13;
THENCE N 000 00' 00" E, along the common line of said Lots 17R and 18R, a distance of
138.00 feet to the Northwest corner of said Lot 17R and the Southwest corner of Lot 4R, said
Block 13;
THENCE N 900 00' 00" E, along the common line of said Lots 17R and 4R, passing the
Northeast corner of said Lot 17R, continuing in all a distance of 350.00 feet to the POINT OF
BEGINNING and containing 1.109 acres of land.
Page 1 of 4
Exhibit B
2800—2824 (even) Bledsoe Street
1.109 Acre Tract
Page 2 of 4
If � IIJII91ff�ll I�
r
4
P
14 OR,
"lost"
u y.r ti
J r i
l
;,. lib✓� �„ ,,, ,y ��,,, ,,.x �.o,,,;1 c r,%.r, P,„� --� ,>�ra h„ ��
� z
1
I'
� r
6TH 0
Cr.
w
Cow jB0*1e 7TH
<
0
LOCOMOTIVE
CROCKETT
0 IRON HORSE
0
0
MORTON
0
CALDER
� U Jll 1 �, 11�
vy
0
w BLEDSOE Cn
MUSEUM
z
ER YYB MIRO
Vor
,H SB LANCASI LANCASTER
0
SITE MAP
CRESTLINE
Bledsoe Buildings Municipal Setting Designation
0 250 500 750 1,000
Feet Bledsoe Buildings IVISD
base map: CITY OF FORT WORTH GEOGRAPHIC INFORMATION SYSTEM City of Fort Worth
7—
City of Fort Worth, Texas
Mayor and Council Communication
AYN IIMIIIIGiMA!AJONNIWIVVhVNIWClutlNlfl IYW.iWWFd% lilil OM1i'm X00 OWrtp Md/VO%P'S'Sb?I%ONMiiM'M�u1'ib'ttmiMPMtr"a trtuOfAii MAWAYW WmMNVaAfPb tlunWWM'n Nmwnn rvaMMl(91P',NMINULIJA'Wft,N htRW 9NA AWANAMI!rHi NCYONWWNNX'.MMIYN NNNW%RYMWMSW Oti00 UNYNpp�YaaMM�Atw,aW,WW,uvx'n o00'oUwY'AMn WWn'm rtiNiwYM�mMNOh
C0U,,NC1'L ACTItJ►[V Appr6v4d on 517/20,1 w Resolution Nc 4 Q'1w�5-21f 13 ,C rd� an Noy
2030-04 QV3,
mirrmwuiimiwiwiwwiwioiNUiNwiouoiuuumrcmuuuu�aniwmwiuuowwuwimioimuuwwmwuumuumomWrviuiuiuiwimwmm�umimmuu!��iww.awwmiomorumwmsrvwwmawmMwmrnummmuiwim�;wwMmarvwnmimuuuoowouuuwmvmmmRawxamu,ummmuwnnw.w.w.wwannmmoiwµw»nemmrminmiounaimimuoioumiinmwmmumsmmmaoomoiomoi000iomiomor
DATE: Tuesday, May 07, 2013 REFERENCE NO,: G-17887
LOG NAME: 20MSD BLEDSOE BUILDINGS
SUBJECT:
Conduct Public Hearing, Adopt Resolution Supporting the Application of TLC Bledsoe, LLC, for a Municipal
Setting Designation for the Property Located at 2800 -2824 Bledsoe Street, Fort Worth, Texas, to the
Texas Commission on Environmental Quality and Adopt Ordinance Prohibiting the Potable Use of
Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of TLC Bledsoe, LLC, for approval of a Municipal Setting
Designation for the property located at 2800 - 2824 Bledsoe Street, a 1.109-acre tract, more fully
described as Van Zandt's Park Addition, Lots 11 R, 12R, 13R, 14R, 15R, 16R, and 17R, Block 13, Fort
Worth, Tarrant County, Texas 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 for an Municipal Setting Designation for the site; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site.
DISCUSSION:
On March 19, 2013, TLC Bledsoe, LLC, filed an application with the City seeking support of an Municipal
Setting Designation (MSD) for properties located at 2800 -2824 on the even side of Bledsoe Street, Fort
Worth, Texas.
Staff from the Planning and Development, Transportation and Public Works and Water departments
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 at Fort Worth
Botanic Gardens on May 2, 2013.
The groundwater that is sought to be restricted is shallow, perched groundwater that occurs at depths of
approximately 13 feet to 20 feet below the ground surface. The affected shallow groundwater is underlain
by a confining layer of approximately 500 feet in thickness. The affected shallow groundwater is not a
designated, recognized major or minor aquifer. The chemical of concern detected in the designated
groundwater is tetrachloroethene.
The Fort Worth Water Department provides water service to all existing residential and commercial/
industrial properties within the City limits of the City of Fort Worth, within half a mile of the MSD
boundary. All undeveloped properties (within the City limits of the City of Fort Worth)within half a mile of
Logname: 20MSD BLEDSOE BUILDINGS Paget of 2
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 cf Fort Worth Policy for the Installation of Community Services. There are no other cities within
half o mile of the K4S[} boundary.
|n2003' a state law became effective creating the concept VfaK1SO. The purpose ofanK4SUiStocertify
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. A person, typically a developer, must apply to the TCEQ for certification of their
property eaanK4S0. If granted, they will not be required to clean up designated groundwater on their site
to drinking water standards, although other cleanup standards such as inhalation and contact must still be
met. The application will not ba approved by the TCE{3if the municipality where the site is located does
not give formal approval. That approval must beby means ofo City Council resolution supporting the
application and an ordinance prohibiting potable use of groundwater in the KdSD (potable water is water
used for irrigating crops intended for human oonsumption, drinking, ehovva/in0, bathing or cooking
purposes).
In January 2005, the City Council adopted an ordinance creating a procedure for persons applying tnthe
TCEQ for anK4SOto get support of that application from the City Council. The procedure includes filing
an application with the City, Staff review ofthe application for potential impacts bo City interests, 4public
meeting held for the purpose of providing information on the application to the affected community and a
public hearing.
The site is located in COUNCIL DISTRICT Q.
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
CENTERS:FUND TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Off icq_by:CERTIFICATION&
Fernando Costa /6122\
Originating Department Head: Ooug|oaVWmraig /7801\
Additional Information Contact: Michael Gmnge (5509)
Logname: BUILDINGS Page 2of2
�