HomeMy WebLinkAboutOrdinance 21074-12-2013 ORDINANCE NO. 21074-12-2013
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-
0024, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0024; 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, WS Storage LP (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation (MSD) for the site known as
2721. White Settlement, 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 December
17, 2013; 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 I.-exas Health and Safety Code, Chapter 361,
Subchapter W-, and
Ordinance No. 21074-12-2013
Page I of 5
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 ptiblic to support Applicant's application to the Texas
Commission on Frivironmental Quality for a Municipal Setting Designation for
the Site; and
WHEREAS, in order for the TCFQ to certify the Site the city rnust 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:
Ordinance No. 21074-12-2013
Page 2of 5
APPENDIX A—MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
24. CFW-MSD-0024
(a) CFW-MSD-0024 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 — 0024 (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0024 is a shallow,
perched aquifer from grade to a depth of approximately 50 feet below
grade surface, and is underlain by confining limestone, sandstone, and clay
formations that serve as a regional aquitard that prevents the vertical
migrations of the chemicals of concern to underlying potable aquifers. The
chemicals of concern identified in groundwater beneath the site exceeding
applicable Tier I Texas Risk Reduction Program (TRR.P) Residential
Protection Concentration Levels (PCLs) include tetrachloroethylene and
trichloroethene.
(c) The use of the designated groundwater in CFW-MSD-0024 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
Ordinance No. 21074-12-2013
Page 3of 5
any court of competent jurisdiction, such unconstitutionality shall riot 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, ornits, 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 thousarid 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
Ordinance No. 21074-12-2013
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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:
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ARTHUR N.�BASHOR � ARC J. S R
Y S
ASSISTANT CITY A
ATTORNEY CIT A�
F,C��1"ARY
ADOPTED: December 17, 2013
EFFECTIVE:
Ordinance No. 2 1074-12-2013
Page 5of 5
Exhibit A
2721 White Settlement
Metes and Bounds
2.12 Acre Tract
TRACT I
Being a 0.98 acre tract of land situated In the Richard Crowley Survey, Abstract Number 1636
and the William BUSsell Survey, Abstract Number 151, located In the City of Fort Worth, "Fai-rant
County, Texas, being all of Lots 3,4,5,13,14, and 15, Block 2, Wiesenberger Addition, on
addition to the City of Fort Worth, recorded In Volume 388-1 A, Page 120, Plat Records of
Tarrant County, Texas (P.R.T.C.T.), said 0.98 acre tract being more particularly described as
follows;
BEGINNING at a point at the northwest comer of said Lot 3, Block 2, and on the south right-of-
way line of White Settlement Rood (70 feet wide);
THENCE North 89 degrees 30 minutes East, with the said south right-of-way line of White
Settlement Road, a distance of 150 feet to a point for corner at the northeast comer of said Lot 5,
Block 2;
THENCE South 00 degrees 30 minutes East, with the east line of said Lot 5, Block 2, passing at
of distance of 142 feet the southeast corner of said Lot 5, Block 2 and the northeast comer of said
Lot 15, Block 2, continuing with the east line of said Lot 15, Block 2, a total distance of 284 feet
to a point for comer at the Southeast corner of said Lot 15, Block 2 and on the north right-of-way
line of Whitmore Street (610 feet wide);
THENCE South 89 degrees 30 minutes West with the said north right-of-way line of Whitmore
Street, a distance of 150 feet to a point for corner at the southwest corner of said Lot 13, Block 2;
THENCE North 00 degrees 30 minutes West, with the west line of said Lot 13, Block 2, passing
at a distance of 142 feet the northwest corner of said Lot 13, Block 2 and the southwest comer of
said Lot 3, Block 2, continuing with the west tine of said Lot 3, Block 2, a total distance of 284
feet to the POINT OF BEGINNING and containing 0.98 acres, or 42,600 square feet of land,
more or less.
TRACT' 2
Being a 1.14 acre tract of land situated in the Richard Crowley Survey, Abstract Number 1636
and the William Bussett Survey, Abstract Number 151, located in the City of Fort Worth, Tarrant
County, Texas, being all of Lots 3,4,5,6,7,15 and 16, Block 7, Wiesenberger Addition, an
addition to the City of Fort Worth, recorded in Volume 388-1 A, Page 120, Plat Records of
Tar-rant County, Texas (PRJ.C.T.), said 1.1,4 acre tract being more particularly described as
follows;
BEGINNING at a point at the northwest corner of said Lot 3, Block 7, and on the south right-of-
way line of Whitmore Road (60 feet wide);
THENCE North 89 degrees 30 minutes East, with the said south right-of-way line of Whitmore
Road, a distance of 250 feet to a point for comer at the northeast corner of said Lot 7, Block 7;
THENCE South 00 degrees 30 minutes East, with the east line of said Lot 7, Block 7, a distance
of 142 feet to a point for comer at the southeast corner of said Lot 7, Block 7;
THENCE South 89 degrees 30 minutes West, with the south line of said Lot 7, Block 7, a
distance of 50 feet to a point for corner at the common comer of said Lot 6, 7, and 1.6, Block 7;
THENCE South 00 degrees 30 minutes East, with the east line of said Lot 16, Block 7, a
distance of 142 feet to a point for comer at the southeast comer of said Lot 16, Block 7 and on
the north right-of-way line of Wiesenberger Street (60 feet wide);
THENCE South 89 degrees 30 minutes West with the said north right-of-way line of
Wiesenberger Street, a distance of 100 feet to a point for corner at the southwest comer of said
Lot 15, Block 7;
THENCE North 00 degrees 30 minutes West, with the west line of said Lot 15, Block 7, a
distance of 142 feet to a point for comer at the common comer of said Lot 4, 5, and 1.5, Block 7;
THENCE South 89 degrees 30 minutes West, with the south line of said Lot 4, Block 7, passing
at a distance of'50 feet the southwest comer of said Lot 4, Block 7 and the southeast comer of
said Lot 3, Block 7, continuing with the south line of said Lot 3, Block 7, a total distance of 100
feet to a point for corner at the Southwest comer of said Lot 3, Block 7;
THENCE North 00 degrees 30 minutes West, with the west line of said Lot 3, Block
7, a distance of 142 feet to the POINT OF BEGINNING and containing 1 .14 acres,
or 49,700 square feet of land, more or less,
Exhibit B
2721 White Settlement
2.1.2 Acre 'Fract
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City of Fort Worth, Texas
Mayor and Council Communication
.. .
COUNCIL ACTION: Approved on 12/17/2013 - Resolution No. 4274-12-2013 & Ordinance
No. 21074=12-2013
DATE: Tuesday, December 17, 2013 REFERENCE NO.: G-18098
LOG NAME: 20MSD 2721 WHITE SETTLEMENT
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Supporting the Application of WS Storage LP, for a Municipal
Setting Designation for the Property Comprised of Thirteen Lots Within the 2700 Block of White Settlement
Road, Whitmore Street, and 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 (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of WS Storage LP, for approval of a Municipal Setting
Designation for the property located at 2721 White Settlement Road, 2711, 2717, 2720, 2721, 2724, 2725,
2728, and 2729 Whitmore Street, and 2716 and 2720 Weisenberger Street, Fort Worth Texas, a 2.12 acre
site more fully described in the metes and bounds description included with the attached resolution, to
allow the public the opportunity to give testimony;
2. Adopt the attached resolution supporting the Applicant'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 1, 2013, WS Storage LP, filed an application with the City seeking support of a Municipal
Setting Designation (MSD)for a 2.12 acre site located in the 2700 block of White Settlement Road,
Whitmore Street, and Weisenberger Street, Fort Worth, Texas. The site is currently zoned J-mixed
industrial and identified as General Commercial within the City's Comprehensive Plan. Future use is not
certain but most likely will be a commercial development. The establishment of an MSD does not affect
how the land can be developed or used in the future.
Staff from the Planning and Development, Transportation and Public Works, and Water departments
reviewed the application for potential impacts to City interests. No significant concerns were
identified. Notice was issued, as required by ordinance, and a public meeting was held at the Central
Library on December 3, 2013. Three representatives of the applicant and one City employee were
present and no other residents appeared for the meeting,
The groundwater that is sought to be restricted is shallow, perched groundwater that is underlain by a
confining layer of approximately 500 feet in thickness. The affected shallow groundwater is not a
designated, recognized major or minor aquifer. The chemicals of concern detected in the designated
Logname: 20MSD 2721 WHITE SETTLEMENT Page I of 2
groundwater include tetrachloroethylene and trichoroethene.
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties within the City limits of the City of Fort Worth, within half a mile of the
MSD boundary. All undeveloped properties (within the City limits of the City of Fort Worth) within half a
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 became effective creating the concept of a MSD. The purpose of a MSD is to certify
properties in order to limit the scope of or eliminate the need for investigation of or response actions
addressing contaminant impacts to groundwater that has been restricted from use as potable water by
municipal ordinance. A person, typically a developer, must apply to the TCEQ for certification of their
property as a MSD. If granted, they will not be required to clean up designated groundwater on their site
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 (potable water is water
used for irrigating crops intended for human consumption, drinking, showering, bathing or cooking
purposes).
In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to the
TCEQ for a 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.
The site is located in COUNCIL DISTRICT 9, Mapsco,62X.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Michael Gange (6569)
Loaname- 20MSD 2721 WHITE SETTLEMENT Page 2 of 2