HomeMy WebLinkAboutOrdinance 26695-01-2024 ORDINANCE NO. 26695-01-2024
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-0033,PROVIDING FOR THE PROHIBITION OF THE
USE OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0033; 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 BIP Brennan Property, LLC (Applicant) has filed an application for
support of a resolution seeking a Municipal Setting Designation(MSD)for the site known
as BIP Brennan Property located at 2201 Brennan Avenue, 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 January 23,2024; 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
Page 1 of 9
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 9
APPENDIX A—MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
24. CFW-MSD-0033
(a) CFW-MSD-0033 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-0033 (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0033 is a shallow, perched,
discontinuous groundwater that occurs at depths of approximately eleven (11) to
nineteen(19) feet below the ground surface. The affected shallow groundwater is
underlain by the Fort Worth Limestone and Duck Creek Formation undivided.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
are chlorinated volatile organic compounds, benzene and total petroleum
hydrocarbons. The chemical of concern impacts are attributed to historic bulk oil
storage and non-specific activities on the subject property.
(c) The use of the designated groundwater in CFW-MSD-0033 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.
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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
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.
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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
52.01
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: CITY SECRETARY
LEEANN GUZMAN, CITY ATTORNEY
By Matt Murray (J Jannette S. Goodall
Assistant City Attorney City Secretary
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Page 5 of 9
EXHIBIT A SITE
BIP BRENNAN PROPERTY 2201
BRENNAN AVENUE FORT
WORTH,TEXAS
TRACT#1
BEING A 2.246 ACRE TRACT OF LAND SITUATED IN THE EDMUND LITTLE SURVEY,
ABSTRACT NUMBER 954, TARRANT COUNTY,TEXAS AND BEING ALL OF LOT 2 AND
A PORTION OF LOT 1, BLOCK I OF THE GORBETT INDUSTRIAL ADDITION,AN
ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY,TEXAS RECORDED IN
VOLUME 388-23, PAGE 98 OF THE PLAT RECORDS OF TARRANT COUNTY,TEXAS
AND BEING ALL OF THAT CALLED 2.25 ACRE TRACT OF LAND CONVEYED TO
HERTEL GENERAL TIRE COMPANY IN VOLUME 3620,PAGE 642 OF THE DEED
RECORDS OF TARRANT COUNTY,TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD FOUND IN THE NORTH LINE OF BRENNAN
AVENUE FOR THE SOUTHEAST CORNER OF SAID 2.246 ACRE TRACT,ALSO BEING
THE SOUTHEAST CORNER OF SAID LOT 2 AND BEING THE SOUTHWEST CORNER
OF LOT 4,BLOCK 1 OF THE GORBETT INDUSTRIAL ADDITION RECORDED IN
VOLUME 388-216, PAGE 4 OF THE PLAT RECORDS OF TARRANT COUNTY,TEXAS,
FROM WHICH A 5/8" IRON ROD FOUND BEARS S 71°55'14" E,A DISTANCE OF 937.92
FEET. SAID 1/2" IRON ROD FOUND BEING FURTHER REFERRED TO AS POINT OF
BEGINNING 'A',HAVING A TEXAS COORDINATE SYSTEM OF 1983,NORTH
CENTRAL ZONE,
U.S. SURVEY FOOT,GRID COORDINATE VALUE OF N:6972095.46,E: 2328022.63
FEET FOR REFERENCE;
THENCE FROM SAID POINT OF BEGINNING'A',WITH THE NORTH LINE OF
BRENNAN AVENUE,N 71°55'14" W,PASSING THE SOUTHWEST CORNER OF SAID
LOT 2 AT A DISTANCE OF 200.00 FEET AND CONTINUING IN ALL A DISTANCE OF
208.06 FEET TO A 5/8" IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID
2.246 ACRE TRACT,ALSO BEING THE SOUTHEAST CORNER OF LOT 1-R-B,BLOCK I
OF THE GORBETT INDUSTRIAL ADDITION AS RECORDED IN VOLUME 388-109,
PAGE 102 OF THE PLAT RECORDS OF TARRANT COUNTY,TEXAS;
THENCE,DEPARTING THE NORTH LINE OF BRENNAN AVENUE,N 18°56'54" E,A
DISTANCE OF 432.82 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 6870"
SET FOR THE NORTHWEST CORNER OF SAID 2.246 ACRE TRACT,ALSO BEING A
POINT IN THE EAST LINE OF SAID LOT 1-R-B;
Page 6 of 9
THENCE, S 71°33'43" E,A DISTANCE OF 244.87 FEET TO A 2" STEEL BEAM FOUND
FOR THE NORTHEAST CORNER OF SAID 2.246 ACRE TRACT,ALSO BEING A POINT
IN THE WEST LINE OF SAID LOT 4,FROM WHICH A 1/2" IRON ROD FOUND FOR THE
NORTHEAST CORNER OF SAID LOT 1 BEARS N 23°49'17" E,A DISTANCE OF 200.05
FEET;
THENCE, S 23°49'17" W,A DISTANCE OF 433.41 FEET TO THE POINT OF BEGINNING
'A', CONTAINING 2.246 ACRES OR 97,851
SQ. FEET OF LAND, MORE OR LESS.
TRACT#2
BEING A 1.145 ACRE TRACT OF LAND SITUATED IN THE EDMUND LITTLE
SURVEY,ABSTRACT NUMBER 954,TARRANT COUNTY,TEXAS AND BEING A
PORTION OF LOT 1,BLOCK I OF THE GORBETT INDUSTRIAL ADDITION, AN
ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS RECORDED
IN VOLUME 388-23, PAGE 98 OF THE PLAT RECORDS OF TARRANT COUNTY,
TEXAS AND BEING ALL OF THAT TRACT OF LAND CONVEYED TO HERTEL
GENERAL TIRE COMPANY IN VOLUME 3737, PAGE 625 OF THE DEED RECORDS OF
TARRANT COUNTY,TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
i
BEGINNING AT A 1/2" IRON ROD FOUND IN THE SOUTH LINE OF THE UNION PACIFIC
RAILROAD RIGHT-OF-WAY FOR THE NORTHEAST CORNER OF SAID
1.145 ACRE TRACT,ALSO BEING THE NORTHEAST CORNER OF SAID LOT 1 AND
BEING THE NORTHWEST CORNER OF LOT 4, BLOCK 1 OF THE GORBETT
INDUSTRIAL ADDITION RECORDED IN VOLUME 388-216, PAGE 4 OF THE PLAT
RECORDS OF TARRANT COUNTY,TEXAS. SAID 1/2" IRON ROD FOUND BEING
FURTHER REFERRED TO AS POINT OF BEGINNING 'B',HAVING A TEXAS
COORDINATE SYSTEM OF 1983,NORTH CENTRAL ZONE,
U.S. SURVEY FOOT,GRID COORDINATE VALUE OF N:6972674.96,E: 2328278.48
FEET FOR REFERENCE;
THENCE FROM SAID POINT OF BEGINNING 'B', S 23049'17" W, A DISTANCE OF
200.05 FEET TO A 2" STEEL BEAM FOUND FOR THE SOUTHEAST CORNER OF SAID
1.145 ACRE TRACT, FROM WHICH A 1/2" IRON ROD FOUND FOR THE SOUTHWEST
CORNER OF SAID LOT 4 BEARS S 23049'17" W,A DISTANCE OF
433.41 FEET;
THENCE,N 71°33'43" W,A DISTANCE OF 244.87 FEET TO A 1/2" IRON ROD WITH A
CAP STAMPED"RPLS 6870" SET FOR THE SOUTHWEST CORNER OF SAID 1.145
ACRE TRACT,ALSO BEING A POINT IN THE EAST LINE OF LOT 1-R-B, BLOCK 1 OF
THE GORBETT INDUSTRIAL ADDITION AS RECORDED IN
Page 7 of 9
VOLUME 388-109,PAGE 102 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS;
THENCE,N 18°56'54" E,A DISTANCE OF 194.18 FEET TO A 1/2" IRON ROD FOUND
FOR THE NORTHWEST CORNER OF SAID 1.145 ACRE TRACT,ALSO BEING THE
NORTHEAST CORNER OF LOT 1-R-A OF THE GORBETT INDUSTRIAL ADDITION AS
RECORDED IN VOLUME 388-109,PAGE 102 OF THE PLAT RECORDS OF TARRANT
COUNTY,TEXAS AND BEING A POINT IN THE SOUTH LINE OF SAID UNION PACIFIC
RAILROAD RIGHT-OF-WAY;
THENCE,WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 1333.40 FEET,ARC
LENGTH OF 42.36 FEET, CENTRAL ANGLE OF 01°49'12",CHORD BEARING OF S
73025'07" E AND A CHORD DISTANCE OF 42.36 FEET TO A 1/2" IRON ROD WITH A
CAP STAMPED "RPLS 6870" SET FOR CORNER;
THENCE, S 72-30-31" E,A DISTANCE OF 219.60 FEET TO THE POINT OF BEGINNING 'B',
CONTAINING 1.145 ACRES OR 49,886
SQ. FEET OF LAND,MORE OR LESS.
Page 8 of 9
EXHIBIT B MAP
2201 Brennan Avenue,MUNICIPAL SETTING DESIGNATION MSD 033 BIP Brennan Property
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Page 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0086
LOG NAME: 22MSD-033 BIP BRENNAN PROPERTY
SUBJECT
(CD 2) Conduct Public Hearing and Adopt Resolution Supporting the Application of BIP Brennan Property LLC for a Municipal Setting
Designation for the Property Located at 2201 Brennan Avenue, Fort Worth,Texas,76106 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: Dan Miracle;b. Public Comment;c.Council Action: Close 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 BIP Brennan Property LLC for approval of
a Municipal Setting Designation for the property located at 2201 Brennan Avenue, an approximately 3.39-acre tract of land located in the
Edmund Little Survey,Abstract Number 954,Tarrant County,Texas and being a portion of Lot 1,Block 1 of the Gorbett Industrial Addition,an
addition to the City of Fort Worth,Tarrant County,Texas;
2. Adopt the attached resolution supporting BIP Brennan Property LLC's 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 November 9,2023, BIP Brennan Property LLC filed an application with the City seeking support of a Municipal Setting Designation (MSD)for
property located at 2201 Brennan Avenue,Fort Worth,Texas 76106.
Staff from the FWLab and the Transportation and Public Works, Development Services,Water, and Environmental Services Departments were
given the application to review. Notice was issued,as required by ordinance,and a public meeting was held at the Northside Community Center,
located at 1100 NW 18th Street,on Tuesday, December 19,2023. No comments or concerns were received.
The groundwater that is sought to be restricted is shallow, perched,discontinuous groundwater that occurs at depths of approximately eleven (11)
to nineteen (19)feet below the ground surface. The affected shallow groundwater is underlain by the Fort Worth Limestone and Duck Creek
Formation undivided.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 are chlorinated volatile organic compounds, benzene, and total petroleum
hydrocarbons.The chemical of concern impacts are attributed to historic bulk oil storage and 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 an MSD. 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 33'd 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.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION J 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: Cody Whittenburg 5455
Additional Information Contact: Wyndie Turpen 6982
Nixalis Benitez 8570