HomeMy WebLinkAboutResolution 5770-06-2023A Resolution
NO. 5770-06-2023
A RESOLUTION IN SUPPORT OF THE APPLICATION OF
THE FORT WORTH TRANSPORTATION AUTHORITY
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING LOCATED AT:
200 AND 212 CARROLL STREET AND 2708, 2709 AND 2712 WEISENBERGER STREETS
FORT WORTH, TEXAS
WHEREAS, the Asana Partners, LLC (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation for the site known as The Foundry AP FW located at
200 and 212 Carroll Street and 2708, 2709 and 2712 Weisenberger Street, Fort Worth, Texas, the metes
and bounds description being attached hereto as Exhibit "A" (Site) to the Texas Commission on
Environmental Quality; and
WHEREAS, a public meeting on the application for support was held in Fort Worth on June 8,
2023, and a public hearing was held in Fort Worth on June 27, 2023, and the affected community was
duly notified of same and allowed the opportunity to comment; and
WHEREAS, an approved public drinking water supply system exists that supplies or is capable
of supplying drinking water to the Site and to locations within one-half mile of the Site; and
WHEREAS, Applicant has filed documentation with the city stating that a contaminant
identified within the designated groundwater, associated with historical uses of the Site, that has been
detected in concentrations exceeding residential assessment levels for potable use is arsenic; and
WHEREAS, Applicant has further filed documentation with the city stating that this
contamination is contained within the shallow, perched groundwater beneath the Site; and
WHEREAS, the City of Fort Worth, by ordinance, shall, upon adoption of this ordinance,
prohibit the use of designated groundwater beneath the Site for potable purposes as well as for irrigation;
and
WHEREAS, upon passage of this supporting resolution by the City Council, Applicant intends
to file an application with the Texas Commission on Environmental Quality for certification of a
Municipal Setting Designation 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 certification of a Municipal Setting Designation for the Site is in the best
interests of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the City of Fort Worth City Council supports Applicant's request to the Texas Commission
on Environmental Quality for a Municipal Setting Designation of the Site described in Exhibit A.
The property for which designation is sought is subject to an ordinance that prohibits the use of
designated groundwater from beneath the property as potable water and that appropriately restricts other
uses of and contact with that groundwater.
Adopted this 27th day of June 2023.
ATTEST:
li
Jannette S. Goodall, City Secretary
EXHIBIT A
SITE
THE FOUNDRY AP FW
200 AND 212 CARROLL STREET AND 2708, 2709 AND 2712 WEISENBERGER STREET
FORT WORTH, TEXAS
DESCRIPTION, of a 1.373 acre (59,800 square feet) tract of land situated in the William
Bussell Survey, Abstract No. 151, City of Fort Worth, Tarrant County, Texas; said tract being all
of Lots 8 - 10, Lots 17-20, Block 7, all of Lot 8, Block 12, and part of Weisenberger Street (a 60-
foot wide right-of-way) all of Weisenberger Addition, an addition to the City of Fort Worth
according to the plat recorded in Volume 388-A Page 120 of the Official Deed Records of
Tarrant County, Texas; said 1.373 acre (59,800 square feet) tract being more particularly
described as follows (Bearing system for this survey is based on the Texas Coordinate System of
1983 (2011 adjustment), Texas North Central Zone 4202 based on observations made on April 4,
2023 with an applied combined scale factor of 1.00012):
BEGINNING, at a 1/2-inch iron rod with "GRANT ENG RPLS 4151 " cap found for the
northeast corner of said Block 7 and the intersection of the west right-of-way line of Carroll
Street (a 60-foot wide right -of- way) and the south right-of-way line of Whitmore Street (a 60-
foot wide right-of-way);
THENCE, South 00 degrees, 15 minutes, 35 seconds West, along the east line of said Block 7
and said west line of Carroll Street, at distance of 142.00 feet passing an 1/2 inch iron rod with
"PACHECO KOCH" cap found for the southeast corner of said Lot 10, the northeast corner of
said Lot 20, continuing in all a total distance of 284.00 feet to a "+" cut in concrete found for the
southeast corner of said Block 7;
THENCE, North 89 degrees, 44 minutes, 25 seconds West, along the south line of said Block 7
and the north right of way line of Weisenberger Street (a 60-foot wide right-of-way), a distance
of 100.00 feet to a 1/2 inch iron rod with "PACHECO KOCH" cap found for the southwest
corner of said Lot 19, Block 7 and the southeast corner of said Lot 18, Block 7;
THENCE, South 00 degrees, 15 minutes, 35 seconds West, departing said south line of Block 7
and said north line of Weisenberger Street over and across said Wiesenberger Street, at a
distance of 60.00 feet passing a 1/2-inch iron rod found for the northeast corner of said Lot 8
Block 12, in the south right-of-way line of Weisenberger Street and the north line of said Block
12, continuing in all a total distance of 202.00 feet to a 1/2 inch iron rod with "WESTWOOD
PS" cap set for the southeast corner of said Lot 8, Block 12; said point being in the north line of
Lot 6R1, Block 8, Linwood Addition, an addition to the City of Fort Worth recorded in
Instrument No. D212283045 of the Official Public Records of Tarrant County, Texas;
THENCE, North 89 degrees, 44 minutes, 25 seconds West, along said south line of Lot 8, Block
12 and said north line of Lot 6R1, a distance of 50.00 feet to 1/2-inch iron rod found for
southwest corner of said Lot 8, Block 12;
THENCE, North 00 degrees, 15 minutes, 35 seconds East, departing said south line of Block 12,
said north line of Lot 6R1 and along the west line of said Lot 8, Block 12, at a distance of 142.00
feet passing a 1/2 inch iron rod with "WESTWOOD PS" cap set for the northwest corner of said
Lot 8, Block 12; said point being in said south line of Weisenberger Street, continuing in all a
total distance of 202.00 feet, over and across said Weisenberger Street to a point for the
southwest corner of said Lot 18, Block 7; said point being in said north line of Weisenberger
Street;
THENCE, North 89 degrees, 44 minutes, 25 seconds West, along said south line of Block 7 and
said north line of Weisenberger Street, a distance of 50.00 feet to a point for the southwest corner
of said Lot 17, Block 7;
THENCE, North 00 degrees, 15 minutes, 35 seconds East, departing said south line of Block 7,
said north line of Weisenberger Street and along the west line of said Lot 17, Block 7, a distance
of 142.00 PAGE 2 OF 2 feet to an 1/2 inch iron rod with "PACHECO KOCH" cap found for the
northwest corner of said Lot 17, Block 7;
THENCE, South 89 degrees, 44 minutes, 25 seconds East, along the north line of said Lot 17,
Block 7, a distance of 50.00 feet to a'Y' cut in concrete for the northeast corner of said Lot 17,
the northwest corner of said Lot 18, the southwest corner of said Lot 8, all of said Block 7;
THENCE, North 00 degrees, 15 minutes, 35 seconds East, along the west line of said Lot 8,
Block 7, a distance of 142.00 feet to a 1/2-inch iron rod with "GRANT ENG RPLS 4151" cap
found for the northwest corner of said Lot 8, Block 7, said point being in said south line of
Whitmore Street;
THENCE, South 89 degrees, 44 minutes, 25 seconds East, along said north line of Block 7, and
said south line of Whitmore Street, a distance of 150.00 feet to the POINT OF BEGINNING;
CONTAINING: 59,800 square feet or 1.373 acres of land, more or less.
EXHIBIT B
MAP
200 and 212 Carroll Street and 2708, 2709 and 2712 Weisenberger Street, MUNICIPAL SETTING DESIGNATION MSD-032
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Baby Y I February 2023 I Map Source: X:107 ENVIRONMENTAL%AdmkktrationlGISlLandOualilyWunMpalSemngDesigratlonlMSD CartolWeisenberger
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0561
LOG NAME: 23MSD-032 THE FOUNDRY AP FW1
SUBJECT
(CD 9) Conduct Public Hearing and Adopt Resolution Supporting the Application of Asana Partners, LLC for a Municipal Setting Designation for
the Property Located at 200 and 212 Carroll Street and 2708, 2709 and 2712 Weisenberger 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 Asana Partners, LLC for approval of a
Municipal Setting Designation for the property located at 200 and 212 Carroll Street and 2708, 2709 and 2712 Weisenberger Street, an
approximately 1.373 acre tract of land located in the Weisenberger Addition, Tract 2 and 4, Block 7, and Tract 3, Block 12, City of Fort
Worth, Tarrant County, Texas;
2. Adopt the attached resolution supporting Asana Partners, LLC application to the Texas Commission on Environmental Quality for a
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 1, 2023, Asana Partners, LLC filed an application with the City seeking support of a Municipal Setting Designation (MSD) for property
located 200 and 212 Carroll Street and 2708, 2709 and 2712 Weisenberger Street, Fort Worth, Texas 76107.
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 City Hall Annex, 908 Monroe Street, 7th Floor Conference Room on Thursday, June 8, 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 chemical of concern
detected in the designated groundwater is tetrachloroethene. The tetrachloroethene 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 32nd 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.
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