HomeMy WebLinkAboutOrdinance 26965-06-2024ORDINANCE NO.26965-06-2024
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (2015), 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-
0034, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0034; 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 Kelli Court, LLC (Applicant) has filed an application for support
of a resolution seeking a Municipal Setting Designation (MSD) for the site known
as Fort Worth Gear & Axle property located at 3409, 3412, 3413, and 3417 Kelli
Court, 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 11,
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 I of 10
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 (2015) as amended, is hereby amended by the addition of Section 24 to
read as follows:
Page 2 of 10
APPENDIX A — MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
24. CFW-MSD-0034
(a) CFW-MSD-0034 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-0034 (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0034 is shallow, perched,
discontinuous groundwater that occurs at depths of approximately seven (7)
to nine (9) 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 aphan.itic
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 chlorinated volatile organic
compounds. The chemical of concern impacts are attributed to historical
automotive parts manufacturing and service activities on the subject
property.
(c) The use of the designated groundwater in CFW-MSD-0034 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 (2015), 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.
Page 3 of 10
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 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.
Page 4 of 10
SECTION b.
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:
-/M. ,Y-
Assistant City Attorney
ADOPTED AND EFFECTIVE: June 1 i, 2024
CITY SECRETARY
Jannette S. Goodall
City Secretary
Page 5 of 10
EXHIBIT A
SITE
FORT WORTH GEAR & AXLE PROPERTY
3409, 3412, 3413, AND 3417 KELLI COURT
FORT WORTH, TEXAS
LOT #3
Legal Description for Lot 3, Block 1-R, Diamond Heights Industrial Addition, an
addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded
in Volume 388-42, Page 59-A, Plat Records, Tarrant County, Texas.
BEGINNING at a 1/2 inch capped iron rod inscribed "Barron Stark" set at the northeast
corner of Lot 1, Block 1-R Diamond Heights Industrial Addition
as recorded in Volume 388-42, Page 59 Plat Records, Tarrant County, Texas.
THENCE SOUTH 52009'44" WEST, a distance of 309.50 to a 1/2 inch capped iron rod
inscribed "Barron Stark" set at the northwest corner of Lot 2, Block 1-R Diamond
Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant
County, Texas;
THENCE NORTH 00059' 16" WEST, a distance of 251.50 feet to a 1/2 inch capped iron
rod inscribed "Barron Stark" set at the southwest corner of Lot 4, Block 1-R Diamond
Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant
County, Texas;
THENCE NORTH 83031'44" EAST, a distance of 211.57 feet to a 1/2 inch capped iron
rod inscribed "Barron Stark" set at the southeast corner of said Lot 4 same being the
beginning of a curve to the left (concave northeasterly) having a radius of 163.89 feet;
CONTINUING along the are of said curve to the left an arc length of 82.11 feet, passing
through a central angle of 28°42`26" (having a chord bearing of SOUTH 22°08'38"
EAST, a chord distance of 81.26 feet) to a set 1/2 inch capped iron rod inscribed "Barron
Stark";
THENCE SOUTH 37050'16" EAST, passing a found 1/2 inch iron rod at a distance of
10.95 feet in all a distance of 12.90 feet returning to the POINT OF BEGINNING and
enclosing 0.92 Acres (40,165 Square Feet) more or less.
Page 6 of 10
LOT 44
Legal Description for Lot 4, Block 1-R, Diamond Heights Industrial Addition, an
addition to the City of Fort Worth, Tarrant County, Texas, according to t e plat recorded
in Volume 388-42, Page 59-A, Plat Records, Tarrant County, Texas.
BEGINNING at a 1/2 inch capped iron rod inscribed "Barron Stark" set at the northeast
corner of Lot 3, Block 1-R Diamond Heights Industrial Addition s recorded in Volume
388-42, Page 59 Plat Records, Tarrant County, Texas.
THENCE SOUTH 83031 '44" WEST, a distance of 211.57 to a 1/2 inch capped iron rod
inscribed "Barron Stark" set at the northwest corner of Lot 3, Bio k 1-R Diamond Heights
Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant County,
Texas;
THENCE NORTH 00059' 16" WEST, a distance of 134.60 feet to a 1/2 inch capped iron
rod inscribed "Barron Stark" set at the southwest corner of Lot 5, BIock I-R Diamond
Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant
County, Texas;
THENCE NORTH 89000'44" EAST, a distance of 181.69 feet to a 1/2 inch capped iron
rod inscribed "Barron Stark" set at the southeast corner of said L t 5 same being the
beginning of a curve to the left (concave northeasterly) having a radius of 59.86 feet;
THENCE with the west right-of-way line of Kelly Court (a 60' public right of way) the
following calls:
CONTINUING along the arc of said curve to the left an are length of 36.84 feet, passing
through a central angle of 35°15'49" (having a chord bearing of SOUTH 18°00'59"
EAST, a chord distance of 36.26 feet) to a set 1/2 inch capped iron rod inscribed 'Barron
Stark" same being the beginning of a reverse curve to the right (concave southwesterly)
having a radius of 77.80 feet;
CONTINUING along the arc of said curve to the right a are Iength of 54.62 feet, passing
through a central angle of 40°13'22" (having a chord bearing of SOUTH 19°55'26"
EAST, a chord distance of 53.50 feet) to a set 1/2 inch capped iron rod inscribed "Barron
Stark'; SOUTH 00' 13'05" EAST, a distance of 13.50 feet to a 1 /2 inch capped iron rod
inscribed "Barron Stark" set at the beginning of a curve to the left (concave easterly)
having a radius of 205.35 feet;
CONTINUING along the arc of said curve to the Ieft an are length of 15.65 feet, passing
through a central angle of 4°2F57" (having a chord bearing of SOUTH 05'03'17" EAST,
a chord distance of 15.64 feet) returning to the POINT OF BEGINNING and enclosing
0.57 Acres (24,991 Square Feet) more or less.
Page 7 of 10
LOT #5-R
Legal Description for Lot 5-R, Block 1-R, Diamond Heights Industrial Addition, an
addition to the City Of Fort Worth, Tarrant County, Texas, according to the plat recorded
in Volume 388-42, Page 59-A, Plat Records, Tarrant County, Texas.
BEGINNING at a 1/2 inch capped iron rod inscribed "Barron Stark" set at the northeast
corner of Lot 4, Block 1-R Diamond Heights Industrial Addition as recorded in Volume
388-42, Page 59 PIat Records, Tarrant County, Texas;
THENCE SOUTH 89000'44" WEST, a distance of 181.69 feet to a 1/2 inch capped iron
rod inscribed "Barron Stark" set at the northwest corner of Lot 4, BIock 1-R Diamond
Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant
County, Texas;
THENCE NORTH 00059'16" WEST, a distance of 177.71 feet to a 1/2 inch capped iron
rod inscribed "Barron Stark" set at the southwest corner of the tract described in the deed
to Fort Worth Transportation Authority as recorded under instrument number
0216268818 Official Public Records, Tarrant County, Texas;
THENCE NORTH 69035'01" EAST, a distance of 255.94 feet to a set 1/2 inch capped
iron rod inscribed "Barron Stark";
THENCE SOUTH 00059'16" EAST, with the west line of Lot 6-A, Block 1-R Diamond
Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant
County, Texas a distance of 203.58 feet to a 1/2 inch capped iron rod inscribed "Barron
Stark" set at the southwest corner of the said Lot 6-A same being the beginning of a curve
to the left (concave southeasterly) having a radius of 60.00 feet;
CONTINUING along said arc to the left with the west right-of-way line of Kelly Court
(a 60' public right of way) an arc length of 93.19 feet, passing through a central angle of
88°59'16" {having a chord bearing of SOUTH 44°12'35" WEST, a chord distance of
84.10 feet) returning to the POINT OF BEGINNING and enclosing I.I6 Acres (50,403
Square Feet) more or less.
LOT #6-A
Legal Description for Lot 6-A, Block I-R, Diamond Heights Industrial Addition, an
addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded
in Volume 388-178, Page 36, Plat Records, Tarrant County, Texas.
BEGINNING at a 1/2 inch capped iron rod inscribed "Barron Stark" set at the southwest
corner of Lot 6-A, Block 1-R Diamond Heights Industrial Addition as recorded in
Volume 388-42, Page 59 Plat Records, Tarrant County, Texas.
Page 8 of 10
THENCE North 000 59' 16" West a distance of 206.42 feet to a 1/2 inch capped iron rod
inscribed "Barron Stark" set for the northwest corner of Lot 6-A;
THENCE South 77' 0 F 16" East a distance of 4.94 feet;
THENCE South 72' 58' 16" East a distance of 50.00 feet;
THENCE South 68' 46' 16" East a distance of 50.00 feet;
THENCE South 640 52' 16" East a distance of 50.00 feet;
THENCE South 600 42' 16" East a distance of 50.00 feet;
THENCE South 560 21' 16" East a distance of 41.30 feet;
THENCE South 501 10' 16" East a distance of 50.00 feet;
THENCE South 450 49' 16" East a distance of 8.03 feet to a 1/2 inch capped iron rod
inscribed "Barron Stark" set for the northeast corner of Lot 6-A;
THENCE South 53' 09' 00" West a distance of 268.54 feet to a 112" iron rod found with
cap stamped "CBG SURVEYING" for the most southerly 1 corner of Lot 6-A, said point
lying in a curve, concave to the southwest, having a radius of 58.70 feet, and a long chord
which bears North 26' 58' 03" West a distance of 106.27 feet;
THENCE Northerly along said curve a distance of 132.89 feet returning to the POINT
OF BEGINNING and enclosing 0.97 Acres (42,443 Square Feet) more or less.
Page 9 of 10
EXHIBIT B
MAP
3409, 3412, 3413, and 3417 Kelli Court MUNICIPAL SETTING DESIGNATION
M5D 034 Fort Worth Gear and Axle
2
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Railroads
- Municipal Setting Designation
= Council Districts
-- Major Highways and Streets
Cry of Fort Worth
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5a•_e !.!aF CITY OF FORTWORTH3l3
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Doeument Path: xtENVI RON MEN TALwtlministrationtiGISiLandQuai4ytMonic=pVSettingpesigrationiMSG 034 KELLI COURT,mxd
Page 10 of 10
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/11/24 MSC FILE NUMBER: M&C 24-0503
LOG NAME: 22MSD-034 KELLI COURT, LLC
SUBJECT
(CD 2) Conduct Public Hearing, Adopt Resolution Supporting the Application of Kelli Court, LLC for a Municipal Setting Designation for Property
Located at 3409, 3412, 3413, and 3417 Kelli Court, 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: Daniel Miracle; b. Public Comment; c. Council Action: Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow the public the opportunity to give testimony on the application of Kell! Court, LLC for approval of a
Municipal Setting Designation for property located at 3409, 3412, 3413, and 3417 Kelli Court, an approximately 3.62-acre tract of land
located in the Diamond Heights Industrial Addition, an addition to the City of Fort Worth, Tarrant County, Texas;
2. Adopt the attached resolution supporting Kelli Court, LLC's application to the Texas Commission on Environmental Quality for a Municipal
Setting Designation for the Fort Worth Gear and Axle Property; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the site.
DISCUSSION:
On April 15, 2024, Kell! Court, LLC filed an application with the City seeking support for a Municipal Setting Designation (MSD) for the property
located at 3409, 3412, 3413, and 3417 Kelli Court, Fort Worth, Texas 76106.
Staff from the FWLab, Transportation and Public Works, Development Services, Water, and Environmental Services Departments were provided
the application to review. By ordinance, notice was issued, and staff conducted a public meeting held at the Diamond Hill Community Center, 1700
NE 37th St., on Tuesday, May 21, 2024. No comments or concems were received.
The groundwater that is sought to be restricted is shallow, perched, discontinuous groundwater that occurs at depths of approximately seven (7) to
nine (9) feet below the ground surface. The Fort Worth Limestone and Duck Creek Formations underlie the affected shallow groundwater. The Fort
Worth Limestone consists of limestone and clay with a thickness that is 25 to 35 feet; the Duck Creek Formation consists of limestone with a
thickness that is 30 to 100 feet. Formations serve 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. The chemicals of concern are attributed to historical land use related to
automotive parts manufacturing and auto servicing activities on the subject property.
The Fort Worth Water Department provides water service to all existing residential and commercialfindustriai 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 2003, state law created 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, cooking, or
irrigating crops intended for human consumption. A person, typically a developer, must apply to TCEQ to designate impacted property as an MSD.
If granted, the developerwill not be required to clean up designated groundwater within the MSD to drinking water standards. However, other
cleanup standards such as inhalation and contact must still be met. The TCEQ requires that the municipality where the site is located provide a
resolution that supports any application and pass an ordinance prohibiting potable use of groundwater at the subject property.
In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to the TCEQ for an MSD which includes fling
an application with the City. This MSD application is the 34th within Fort Worth city limits. Approval of this MSD application by the TCEQ 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 historically contaminated groundwater. The location is in COUNCIL DISTRICT 2.
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 - Valerie Washington 6199
Originating Business Unit Head: Cody Whittenburg 5455
Additional Information Contact: Wyndie 7urpen 6982
Nixalis Benitez 8570