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HomeMy WebLinkAboutResolution 3609-03-2008A Resolution IN SUPPORT OF THE APPLICATION OF MUSEUM PLACE HOLDINGS, LLC TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION FOR THE MUSEUM PLACE DEVELOPMENT SITE, FORT WORTH TEXAS NO 3609-03-2008 WHEREAS, Museum Place Holdings, LLC (Applicant) has filed an application for support of a resolution seeking a Municipal Setting Designation for the property known as the Museum Place Development, 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 Quahty• and WHEREAS, a public meeting on the application for support was held m Fort Worth on March 10 2008 and a public hearing was held in Fort Worth on March 25 2008, and the affected community was duly notified of same and allowed the opportunity to comment; and WHEREAS, an approved public dnnkmg water supply system exists that supplies or is capable of supplying drinking water to the Srte and to locations within one-half mile of the Srte, and WHEREAS, Applicant has filed documentation with the city stating that contaminants identified within the designated groundwater associated with lustoncal uses of the Srte, that have been detected m concentrations exceeding the applicable Tier 1 TRRP Residential Protective Concentration Levels (PCLs) include: benzene, MTBE, tetrachloroethene, cis-l,2-dichloroethene and tnchloroethene• and WHEREAS, Applicant has further filed documentation with the city stating that this contamination is contained wrtlun the shallow perched groundwater beneath the Site and WHEREAS, the City of Fort Worth, by ordinance, has prohibited the use of designated groundwater beneath the Site for potable purposes as well as for irngation, and WHEREAS, upon passage of a supporting resolution by the Crty 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 RESOLUTION NO 3609-03-2008 WHEREAS the certification of a Municipal Setting Designation for the Srte is m the best interests of the community NOW, THEREFORE, BE IT RESOLVED BI' THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS Supports Applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site. Adopted this 25th day of March 2008 ATTEST .~` ,.Y,r..,,;~,~~ a ^`"~ ,' ~" A~P~ov~® CITY CQI~NCIL By~~~ ~ `~ ~.~- ~ Marty He ndrix City<Secretary ,r. ~ .~ = ,~ ~,riw ~ ~ ,r l~ ey ~+ 4 ~~ Tom, ~~~k ~ ~~ n~~.J "~MjN ~, rt ~.~, ~~~ MAR 2 5 2008 City Secretary of the City ©f Fort Worth, Texas RESOLUTION NO 3609-03-2008 EXHIBIT A METES AND BOUNDS DESCRIPTION MUSEUM PLACE HOLDINGS, LLC MUNICIPAL SETTING DESIGNATION (MSD) PROPERTY DESCRIPTION BEING a tract of land situated in the City of Fort Worth, Tarrant County Texas and being all of Lot 4R1 Block 2, Van Zandt Hillside Addition, as recorded in Volume 388-206 Page 81 Plat Records, Tarrant County Texas, all of Lots 3 and 4 and a portion of Lot 5 Drake Subdivision, as recorded in Volume 848, Page 437 Plat Records, Tarrant County Texas, all of Lot A, a portion of Lot B all of Lots 4 through 8 of Block 1 all of Lots 1 through 7 all of Lots 17 through 22, and a portion of Lot 8, of Block 5 Van Zandt Hillside Addition, as recorded in Volume 204 Page 4 Plat Records, Tarrant County Texas, a portion of Lot 4 Block 1 Lots 10 11 16 17 and a portion of Lot 12, Block 3 all of Lots 19 and 20 Block 4 William J Bailey Addition, as recorded m Volume 310 Page 61 Plat Records, Tarrant County Texas, all of Lot 1R, Block 1 William J Bailey Addition, as recorded m Cabinet A, Slide 1 1735 Plat Records, Tarrant County Texas, all of Lot 1R, Block 2, William J Bailey Addition, as recorded m Cabinet A, Slide 11939 Plat Records, Tarrant County Texas, all of Lot 13R, Block 3, William J Bailey Addition, as recorded m Volume 388-13 1 Page 48, Plat Records, Tarrant County Texas, all of Lot A R, Block 3 William J Bailey Addition, as recorded in Volume 388 163m Page 91 Plat Records, Tarrant County Texas, portions of Barden Street, Bailey Avenue, West 7th Street, Arch Adams Street, Arch Adams Lane, and Darcy Street, a portion of the alley m Block 3 of said William J Bailey Addition, as recorded in Volume 3 10 Page 61 Plat Records, Tarrant County Texas, and a portion of the alley m Block 5 of said Van Zandt Addition, as recorded m Volume 204 Page 4 Plat Records, Tarrant County Texas, and being more particularly described by metes and bounds as follows. BEGINNING at the northwest corner of said lot 4R1 Block 2, Van Zandt Addition, being at the intersection of the east right-of way line of Boland Street and the south right-of way line of existing West 7th Street; THENCE South, 116 00 feet along the east right-of way line of said Boland Street; THENCEN62°16'00'E, 19.24 feet; THENCE S 26° 13 10"E, 55 66 feet; THENCE South, 43 15 feet to the northerly right-of way line of Darcy Street; THENCE N 63°02'06'E, 59 46 feet along the northerly right-of way line of said Darcy Street; THENCE S 27° 16 00 feet; ,, __ RESOLUTION NO 3609-03-2008 THENCE S 63°02'06'W 3 07 feet; THENCE S 27°04 32 'E, 140 00 feet to the northerly right-of way line of Camp Bowie Boulevard, THENCE N 63°02'06'E, 61 1.22 feet along the northerly right-of way line of said Camp Bowie Boulevard, THENCE N 00°14 50'W 218.22 feet to the south right-of way line of West 7th Street; TI-~NCE East, 209 56 feet along the south right-of way line of said West 7th Street; THENCE S 00°00'S8'E, 112 07 feet returning to the northerly right-of way line of said Camp Bowie Boulevard, THENCE N 63°02'06'E, 247 15 feet to the beginning of anon-tangent curve to the left; THENCE with said non-tangent curve to the left, an arc distance of 118 94 feet, through a central angle of 06°48'53 sec., having a radius of 1000 00 feet, the long chord of which bears N 75°57'49"E, 118 87 feet to the begmmng of a compound curve to the left; THENCE with said compound curve to the left, an arc distance of 102.66 feet, through a central angle of 47°03 15 sec., having a radius of 125 00 feet, the long chord of which bears N 54°21 16 'E, 99 80 feet; THENCE N 06°31 15 'E, 111 99 feet to and along the westerly right-of way line of Umversrty Drive North, THENCE N 89°54'26 'E, 3 58 feet continuing along the westerly right-of way line of said University Drive North, THENCE N 03°48' 15 'E, 144.39 feet continuing along the westerly right-of way line of said Umversrty Drive North, THENCE N 43°09'05 'W 6.83 feet to the south right-of way line of West 6th Street; THENCE S 89°53'38'W, 203 96 feet along the south right-of way line of West 6th Street; THENCE S 81°46 47"W, 98 93 feet across said Bailey Avenue to the most northerly northeast comer of said Lot 1R, Block 2, William J Bailey Addition, RESOLUTION NO 3609-03-2008 THENCE West, 224 98 feet along the north line of said Lot 1R, Block 2, William J Bailey Addition and across said Barden Street to the west right-of way line of said Barden Street; THENCE N 00°03 18'W 39 43 feet to the south line of Lot 2, Block A, Bombay Addition, as recorded in Cabinet A, Slide 10625 Plat Records, Tarrant County Texas, THENCE West, 549 70 feet along the south line of said Lot 2, Block A, Bombay Addition and along the south line of Lot 1 Block A, said Bombay Addition and across Arch Adams Street and Arch Adams Lane, THENCE South, 174.35 feet to and along the west right-of way line of said Arch Adams Lane; THENCE N 89°59'01 'W 100 1 8 feet; THENCE S 00° 10'20"E, 198 17 feet to the existing north right-of way line of said West 7th Street; THENCE N 89°51'03'W 57 48 feet along the existing north right-of way line of said West 7th Street; THENCE South, 4 08 feet continuing along the existing north right-of way line of said West 7th Street; THENCE West, 212.32 feet continuing along the existing north right-of way line of said West 7th Street to the POINT OF BEGINNING and contaimng 15.361 acres of land more or less. RESOLUTION NO 3609-03-2008 EXHIBIT B City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 3/25/2008 Res No # 3609-03-2008 8~ Ord No # 18031-03- 2008 DATE Tuesday March 25 2008 LOG NAME 52MSD MUSEUM PL REFERENCE NO G 16090 SUBJECT Adopt a Resolution Supporting the Application of Museum Place Holdings LLC for a Municipal Setting Designation for the Site Known as Museum Place Development, Fort Worth Texas to the Texas Commission on Environmental Quality and Adopt an Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site RECOMMENDATION It is recommended that the City Council 1 Conduct a public hearing on the application of Museum Place Holdings LLC for approval of a Municipal Setting Designation (MSD) for the Site known as Museum Place Development, an approximately 15 361 acre tract, more fully described in Exhibit A 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 (TCEQ) for a MSD for the Site and 3 Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the site DISCUSSION In 2003 a state law became effective creating the concept of a Municipal Setting Designation (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 An applicant, usually the property owner must apply to the TCEQ for certification of property as a MSD If granted the applicant will not be required to clean up designated groundwater on the site to drinking water standards although other cleanup standards such as inhalation contact, and impact to ecological receptors 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 area (potable water is water used for irrigating crops intended for human consumption drinking showering bathing or cooking purposes) In January 2005 City Council adopted an ordinance creating a procedure to bring a MSD application before 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 On February 5 2008 Museum Place Holdings LLC filed an application with the City seeking support of an MSD for the Site known as the Museum Place Development, Fort Worth Texas Staff from the departments Logname 52MSD_MUSEUM PL Page 1 of 2 of Engineering Environmental Management, Planning and Development, Transportation and Public Works, and Water 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 in the Tandy Lecture Hall of the Fort Worth Central Library on March 10 2008 Five representatives of the Applicant and two city staff were present. Three residents of Fort Worth and surrounding cities were in attendance No comments from residents adverse to this application were received The groundwater that is sought to be restricted is shallow perched groundwater that occurs at depths of eight to 15 feet below the ground surface (bgs) down to the top of the underlying confining limestone layer that occurs at a depth of 16 feet bgs. The affected shallow groundwater is not a designated recognized major or minor aquifer The chemicals of concern detected in the designated groundwater exceeding the applicable Tier 1 TRRP Residential Protective Concentration Levels (PCLs) include benzene MTBE tetrachloroethene cis-1 2-dichloroethene and trichloroethene 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 'h mile of the MSD boundary All undeveloped properties (within the City Limits of the City of Fort Worth) within '/2 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 There are no other cities within'/2 mile of the MSD boundary The Site is located in COUNCIL DISTRICT 7 and is zoned MU-2 High Intensity Mixed Use FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. TO Fund/AccountlCenters FROM Fund/Account/Centers Submitted for City Manager's Office b~ Carl Smart (6183) Originating Department Head. Brian Boerner (6647) Additional Information Contact: Michael Gange (6569) Logname 52MSD_MUSEUM PL Page 2 of 2