HomeMy WebLinkAboutResolution 4620-04-2016 A Resolution
NO. 4620-04-2016
IN SUPPORT OF THE APPLICATION OF INDUSTRIAL POWER LLC
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL
SETTING DESIGNATION FOR 600 NORTH BEACH STREET, FORT WORTH, TEXAS
WHEREAS, Industrial Power LLC (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation for the site known as 600 North Beach Street, Fort
Worth, Texas, the metes and bounds description being attached hereto as Exhibit"A" (Site), and map of
same being attached hereto as Exhibit"B" (Site Map), to the Texas Commission on Environmental
Quality; and
WHEREAS, a public meeting on the application for support was held in Fort Worth on March
31, 2016, and a public hearing was held in Fort Worth on April 19, 2016, 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 contaminants identified
within the designated groundwater, associated with historical uses of the Site,that have been detected in
concentrations exceeding residential assessment levels for potable use include arsenic, lead, cis-1,2-
dichloroethene, tetrachloroethene, trichloroethene, and pentachlorophenol; 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.
,T WORT
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 and B.
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 19 th day of April, 2016. Jr- ,
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EXHIBIT A
TRACT 1
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, Tarrant 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 corner 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 corner 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 corner 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
corner at the southeast corner of said Lot 15, Block 2 and on the north right-of-way line of Whitmore
Street(60 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 corner of said Lot 3,
Block 2, continuing with the west line 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 Bussell 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 388-1A, Page 120, Plat Records of Tarrant County, Texas (P.R.T.C.T.),
said 1.14 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 coiner 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 corner 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 corner of said Lot 6, 7, and 16, Block 7;
THENCE South 00 degrees 30 minutes East, with the east line of said Lot 16, Block 7, a distance of
ORT WORT
142 feet to a point for corner at the southeast corner 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 corner 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 corner at the common corner of said Lot 4, 5, and 15, 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 corner of said Lot 4, Block 7 and the southeast corner 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 corner 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.
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EXHIBIT B
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/19/2016 - Resolution No. 4620-04-2016 & Ordinance No.
22176-04-2016
DATE: Tuesday, April 19, 2016 REFERENCE NO.: G-18723
LOG NAME: 23MSD FOR INDUSTRIAL POWER, LLC FOR USE AS PARKING FOR TRUCKS
SUBJECT:
Conduct Public Hearing, Adopt Resolution Supporting Industrial Power, LLC's Application to the Texas
Commission on Environmental Quality for a Municipal Setting Designation for the Property Located at 600
North Beach Street and Adopt an Ordinance Prohibiting the Potable Use of Designated Groundwater from
Beneath the Site (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow the public the opportunity to give testimony regarding Industrial
Power, LLC's application for approval of a Municipal Setting Designation for the property located at 600
North Beach Street, a 5.653 acre site more fully described in the metes and bounds description included
with the attached resolution;
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 January 21, 2016, Industrial Power, LLC, d/b/a Industrial Power Trucking, filed an application with the
City seeking support of a Municipal Setting Designation (MSD) for property located at 600 North Beach
Street. The site includes 5.653 acres. Industrial Power, LLC, will use the location for overflow parking on
a gravel base for truck sales. The site is zoned K-Industrial and the planned use is appropriate.
Staff from the Planning and Development, Transportation and Public Works and Water departments
reviewed the application for potential impacts to City interests. Staff identified no significant
concerns. Notice was issued, as required by ordinance and a public meeting was held at the Riverside
Community Center on March 31, 2016.
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
groundwater include arsenic, lead, cis-1,2-dichloroethene, tetrachloroethene, trichloroethene and
pentachlorophenol in the shallow groundwater at levels exceeding the applicable Tier 1 Texas Risk
Reduction Program (TRRP) Residential Protective Concentration Levels.
The Fort Worth Water Department provides water service to all existing residential and commercial/
Logname: 23MSD for Industrial Power, LLC for Use as Parking for Trucks Page I of 2
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 and the City of Fort
Worth Policy for the Installation of Community Services. The City of Haltom City has a border within one-
half of a mile of the MSD boundary.
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 Texas Commission on
Environmental Quality (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 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
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 4, Mapsco 64N and 64P.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FIDsA:
TO
Fund Department Accoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Cody M. Whittenburg (5455)
Logname: 23MSD for Industrial Power, LLC for Use as Parking for Trucks Page 2 of 2