HomeMy WebLinkAboutOrdinance 26240-06-2023ORDINANCE NO. 26240-06-2023
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 24
DESIGNATING CFW-MSD-0031, PROVIDING FOR THE PROHIBITION
OF THE USE OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0031; 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 Cambria Hotels Fort Worth Rosedale, LLC (CH FW Rosedale, LLC) (Applicant)
has filed an application for support of a resolution seeking a Municipal Setting Designation (MSD)
for the site known as an undeveloped property 925 Jerome 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 June 13, 2023; 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 Commission on
Environmental Quality for a Municipal Setting Designation for the Site; and
Page 1 of 7
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 24 to read as follows:
APPENDIX A — MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
24. CFW-MSD-0031
(a) CFW-MSD-0031 is defined and designated as follows:
Being a tract of land situated in the City of Fort Worth, Tarrant County, Texas and being
more particularly described by metes and bounds description (Exhibit A) and map of CFW-
MSD-00031 (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0031 is a shallow, perched aquifer from
depths of approximately fifteen (15) feet to fifty (50) feet below the ground surface. The
affected shallow groundwater is underlain by a confining layer of approximately 200 to
450 feet in thickness and is underlain by confining limestone formations that serve as a
regional aquitard that prevents the vertical migrations of the chemical of concern to
underlying potable aquifers. The chemical of concern identified in groundwater beneath
the site exceeding applicable Tier 1 Texas Risk Reduction Program (TRRP) Residential
Protection Concentration Levels (PCLs) is arsenic.
(c) The use of the designated groundwater in CFW-MSD-0031 for potable and irrigation
purposes is hereby prohibited. This prohibition is necessary because the contaminant
concentrations exceed potable water standards.
Page 2 of 7
(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 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 more 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, both civil and criminal, whether
Page 3 of 7
pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption summarizing the
purpose of this ordinance and the penalty for violating this ordinance for two (2) days in the official newspaper
of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013
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:
&k�w' �'�47
Matt Murray
Assistant City Attorney
ADOPTED: June 13, 2023
EFFECTIVE,:
Jannette S. Goodall
City Secretary
Page 4 of 7
EXHIBIT A
CAMBRIA HOTELS FORT WORTH, 925 JEROME STREET, FORT WORTH, TEXAS
Legal Description of Site
BEING a 2.458 acre parcel of land situated in the E. Harris Survey, Abstract Number 688, City of Fort
Worth, Tarrant County, Texas, being all of Lot A, Block 5 and a portion of Lot B, Block 5, Mistletoe
heights, an addition to the City of Fort Worth, Tarrant County, Texas, according to the play recorded in
Volume 388-59, Page 25 Plat Records of Tarrant County, Texas, also being all of a tract of land described
in deed to MTV, LLC, recorded in County Clerk Document Number D216283471, Official Public
Records of Tarrant County, Texas (O.P.R.T.C.T.), said 2.458 acre tract of land being more particularly
described by metes and bounds as follows:
BEGINNING at a found 5/8-inch iron rod with cap stamped "DUNAWAY ASSOC. LP" at the
intersection of the north right-of-way line of West Rosedale Street (variable width) and the west right -of way line
of the Fort Worth & Western Railroad;
THENCE North 77 degrees 40 minutes 59 seconds West, along said north right-of-way line, a distance of 183.57
feet to a found 5/8-inch iron rod with cap stamped "DUNAWAY ASSOC. LP" for beginning of a tangent circular
curve to the left, having the radius of 711.94 feet and whose chord bears North 79 degrees 35 minutes 00 seconds
West, a distance of 47.24 feet;
THENCE Northwesterly, continuing along said north right-of-way line, and along said circular curve to
the left, through a central angle of 03 degrees 48 minutes 10 seconds and an arc length of 47.25 feet to a
point for corner at the intersection of the north right-of-way line of said West Rosedale Street with the
east right-of-way line of Jerome Street (variable width);
THENCE North 00 degrees 04 minutes 28 seconds East, departing said north right-of-way line with the
east right-of-way line of said Jerome Street, at a distance of 0.35 feet passing a found 5/8-inch iron rod
with cap stamped "BURY + PARTNERS", and continuing for a total distance of 37.29 feet to an angle
point;
THENCE North 18 degrees 54 minutes 34 seconds West, continuing along said east right-of-way line, at
a distance of 0.38 feet passing a found 5/8-inch iron rod with cap stamped "BURY + PARTNERS" bears
South 68 degrees 34 minutes 28 seconds West, a distance of 0.39 feet, and a found "X" cut bears South
68 degrees 34 minutes 28 seconds West, a distance of 35.37 feet;
THENCE North 18 degrees 55 minutes 34 seconds West, departing said east right-of-way line and along
the common line of said MTV tract and Block 6R1, Mistletoe Heights Addition, an addition to the City of
Fort Worth according to the plat recorded in County Clerk Document Number D212137514, Official
Public records, Tarrant County, Texas, at a distance of 100.47 feet passing a found'/2-inch iron rod, and
continuing for a total distance of 100.83 feet;
THENCE North 00 degrees 04 minutes 28 seconds East, continuing along said common line, a distance
of 490.78 feet to a found 5.8-inch iron rod with cap stamped "DUNAWAY ASSOC. LP" for the common
north corner of said MTV tract and said Block 6R1 on the west right-of-way line of said Fort Worth &
Western Railroad;
THENCE South 23 degrees 50 minutes 32 seconds East, along the west right-of-way line of said Fort
Worth & Western Railroad, a distance of 457.25 feet to a found 5/8-inch iron rod with cap stamped
"DUNAWAY ASSOC. LP";
THENCE South 21 degrees 11 minutes 32 seconds East, continuing along said west right-of-way line, a
Page 5 of 7
distance of 95.02 feet to a found 5/8-inch iron rod with cap stamped "DUNAWAY ASSOC. LP", being
the beginning of a tangent circular curve to the right, having the radius of 1,491.32 feet and whose chord
bears South 15 degrees 22 minutes 21 seconds East, a distance of 270.48 feet;
THENCE Southeasterly, continuing along said west right-of-way line, and along said circular curve to
the right, through a central angle of 10 degrees 24 minutes 21 seconds, an arc distance of 270.85 feet to
the POINT OF BEGINNING and containing 2.458 acres, or 107,062 square feet of land, more or less.
Page 6 of 7
Exhibit B
UNDEVELOPED LAND LOCATED AT 925 JEROME STREET, FORT WORTH, TEXAS
2.458 ACRE TRACT
Busy Y I FobrWry 2M I Mp Soaes: XV7 ENVIRONMEWALWOmMiwft*Wn%Gl nQ0*WW wWSO M Jwmw
Page 7 of 7
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/13/23 MSC FILE NUMBER: M&C 23-0481
LOG NAME: 23MSD-031 CAMBRIA HOTELS FORT WORTH
SUBJECT
(CD 9) Conduct Public Hearing and Adopt Resolution Supporting the Application of CH FW Rosedale LLC for a Municipal Setting Designation for
the Property Located at 925 Jerome 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 Pursuant to Chapter 12.5, Article IV, Division 2 "Municipal Setting
Designation"
(PUBLIC HEARING - a. Report of City Staff. Daniel Miracle; b. Public Comment; c. Council Action: Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow the public the opportunity to give testimony on the application of CH FW Rosedale LLC for approval of a
Municipal Setting Designation for the property located at 925 Jerome Street, an approximately 2.458-acre tract of land located in the
Mistletoe Heights Addition, Block 5R, Lot A-R, City of Fort Worth, Tarrant County, Texas;
2. Adopt the attached resolution supporting CH FW Rosedale LLC's application to the Texas Commission on Environmental Quality for a
Municipal Setting Designation forthe site; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the site.
DISCUSSION:
On March 31, 2023, CH FW Rosedale LLC file an application with the City of Fort Worth seeking support of a Municipal Setting Designation
(MSD) for property located 925 Jerome Street, Fort Worth, Texas 76104.
Staff from the Planning and Data Analytics, Transportation and Public Works, Development Services, Water, and Code Compliance -
Environmental Departments were given the application to review. No comments or concerns were received. Notice was issued, as required by
ordinance, and a public meeting was held at the Hazel Harvey Peace Center for neighborhoods on Thursday, May 18, 2023.
The groundwater that is sought to be restricted is shallow, perched, discontinuous groundwater that occurs at depths of approximately fifteen (15)
to fifty (50) feet below the ground surface. The affected shallow groundwater is underlain by the Pawpaw formation (Kpd). The Pawpaw formation
consists of medium gray to yellowish gray limestone that forms topographic benches, weathers dark gray with yellowish brown patches, with a
thickness of 30-100 feet. The western portion of the site is underlain by the Fort Worth Limestone and Duck Creek Formation undivided (Kfd).
The Fort Worth Limestone consists of limestone and clay with a thickness of 25-35 feet. The Duck Creek Formation consists of aphanitic
limestone with pyrite nodules with a thickness of 30-100 feet that serves as a regional aquitard preventing vertical migrations of the chemical of
concern to underlying potable aquifers. The affected shallow groundwater is not a designated, recognized major or minor aquifer. The chemicals
of concern detected in the designated groundwater is dissolved arsenic. The arsenic contamination is attributed to historic, non-specific,
activities on the subject property.
The Fort Worth Water Department provides water service to all existing residential and commercial/industrial properties located in the area and
within a half mile of the MSD boundary. All undeveloped properties within a half 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.
In 2003, a state law came into effect creating the concept of a Municipal Setting Designation. The purpose of an MSD is to provide a means by
which the Texas Commission on Environmental Quality (TCEQ) may limit the scope of investigations and response actions for groundwater
contamination at a site, provided the groundwater is prohibited for use as a potable water source. "Potable water" means water used for drinking,
showering, bathing, or cooking, or for irrigating crops intended for human consumption. A person, typically a developer, must apply to TCEQ for
certification of their property as an MSD. If granted, they will not be required to clean up designated groundwater within the MSD to drinking water
standards, although other cleanup standards such as inhalation and contact 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.
In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to the TCEQ for an MSD to get support of that
application from the 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.
This MSD application is the 31 st within Fort Worth city limits.
Approval of this MSD application by the Texas Commission on Environmental Quality will support the usage of the subject property consistent with
the current zoning without unnecessary requirements placed on the developer to take actions to address historic contaminated groundwater.
The location is in COUNCIL DISTRICT 9 / FUTURE COUNCIL DISTRICT 9.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office by Valerie Washington 6199
Originating Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B. Carson 6336