HomeMy WebLinkAboutOrdinance 26306-06-2023ORDINANCE NO.26306-06-2023
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-0032, PROVIDING FOR THE PROHIBITION OF THE
USE OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0032; 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 Asana Partners, LLC (Applicant) has filed an application for
support of a resolution seeking a Municipal Setting Designation (MSD) 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); 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 27,
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
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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 24 to
read as follows:
Page 2 of 8
APPENDIX A — MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
24. CFW-MSD-0032
(a) CFW-MSD-0032 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-00032 (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0032 is a shallow,
perched aquifer from depths of approximately sixteen (16) feet to twenty-
five (25) feet below the ground surface. The affected shallow groundwater
is underlain by a confining layer of the Fort Worth Limestone,
approximately 30 to 50 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 tetrachloroethene.
(c) The use of the designated groundwater in CFW-MSD-0032 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
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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 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
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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:
Matthew Murray
Assistant City Attorney
ADOPTED: June 27, 2023
EFFECTIVE:
13
CITY SECRETARY
Jannette S. Goodall
City Secretary
Page 5 of 8
Exhibit A
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;
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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 "+" 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.
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Exhibit B
EXHIBIT B
MAP
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Page 8 of 8
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, 2021
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 bk Valerie Washington 6199
Originating Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B. Carson 6336