HomeMy WebLinkAboutResolution 3694-12-2008A Resolution
NO 3694-12 2008
IN SUPPORT OF THE APPLICATION OF THE RODANCO PARTNERS, LTD ,
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL
SETTING DESIGNATION AT 400 S JENNINGS AVENUE FORT WORTH, TEXAS
WHEREAS the Rodanco Partners, Ltd. (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation for 400 S Jennings Avenue, 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 October
6 2008, and a public hearing was held in Fort Worth on October 14 2008, 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 tetrachloroethylene
(PCE), trichloroethylene (TCE), and vinyl chloride.
WHEREAS Applicant has further filed documentation with the city stating that this
contamination is contained within the shallow perched groundwater beneath the Srte; and
WHEREAS the Crty of Fort Worth, by ordinance, has prohibited the use of designated
groundwater beneath the Site for potable purposes as well as for imgation, and
WHEREAS, upon passage of a 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 Srte; and
WHEREAS the certification of a Municipal Setting Designation for the Site is in the best
interests of the community
RESOLUTION NO 3694 12 2008
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
Supports Applicant's apphcahon to the Texas Commission on Environmental Quality for a
Municipal Setting Designation of the Srte.
Adopted this 9th day of December 2008
ATTEST .~,,~
By
APPROVE!
CITY COUNCIL
DEC 0 9 2008
~~~~
Cily Secretary of the
City of Fort Worth, Texas
EXHIBIT A
BEING a tract of land situated m the S G JENNING S SURVEY Abstract No 844 W.B TUCKER
SURVEY Abstract No 1577 and the J.H. CHILDRESS SURVEY Abstract No 250 m the City of Fort
Worth and being all of LOT 1 R, BLOCK 36 of the JENNINGS SOUTH ADDITION an addition to the
City of Fort Worth as recorded in Cabinet B Slide 931 of the Plat Records of Tarrant County Texas
(PRTCT) and being all of 4 tracts of land conveyed to RODANCO PARTNERS LTD as recorded m
Volume 14287 Page 293 Volume 15359 Page 190 and Document # 0207401118 of the Deed Records
of Tarrant County Texas (DRTCT) and being a portion of WEST BROADWAY (40' Right-of Way)
and a portion of SOUTH JENNINGS STREET (variable width Right-of Way), WEST PETERSMITH
(40' Right-of Way) and GRAINGER (variable width Right-of Way) and being more particularly
described as follows
BEGINNING at a'h inch iron rod found at the most north westerly corner of Tract 1 of said RODANCO
PARTNERS, LTD tract as recorded in Volume 15359 Page 190 (DRTCT ), said point being found in
the southerly Right-of Way line, said WEST BROADWAY
THENCE departing the southerly Right-of Way line of said WEST BROADWAY North 02 deg 12 min
00 sec east a distance of 40 00 feet to a point for corner in the northerly Right-of Way line of said
WEST BROADWAY
THENCE along the northerly Right-of Way line of said WEST BROADWAY South B7 deg 41 min 39
sec East passing though a Pk. Nail found at a distance of 55 41 feet and passing through the intersection
of the northerly Right-of Way line of said WEST BROADWAY and SOUTH JENNINGS STREET at a
distance of 351.21 feet from which a Pk. Nail found bears South 00 deg 06 min 40 sec East a distance of
0 58 feet contmumg in all a distance of 417 73 feet to a point for corner m the easterly Right-of Way
line of said SOUTH JENNINGS STREET
THENCE along the easterly Right-of Way line of said SOUTH JENNINGS STREET as follows
South 00 deg 06 min 41 sec East a distance of 98 99 feet to a point for corner
South 89 deg 53 min 02 sec East a distance of 8 70 feet to a point for corner
South 00 deg 03 min 53 sec West a distance of 271 60 feet to a point for corner
THENCE departing the easterly Right-of Way line of said SOUTH JENNINGS STREET North 89 deg
23 min 10 sec West passing the westerly Right-of Way brie of said SOUTH JENNINGS STREET at a
distance of 75 76 feet contmumg in all a distance of 147.55 feet to a point for corner
THENCE South 02 deg 29 mm 49 sec west passing the northerly Right-of Way line of said WEST
PETERSMITH at a distance of 65 56 feet contmumg m all a distance of 105 56 feet to a point for corner
m the southerly Right-of Way line of said WEST PETERSMITH,
THENCE along the southerly Right-of Way line of said WEST PETERSMITH North 87 deg 41 min 39
sec West a distance of 288 10 feet to a point for corner
THENCE departing the southerly Right-of Way hne of said WEST PETERSMITH North 02 deg 27 mm
41 sec East passing the northerly Right-of Way line of said WEST PETERSMITH at a distance of 40 00
feet, said point being the most southwesterly carner of Tract 2 conveyed to RODANCO PARTNERS
LTD as recorded m Volume 15359 Page 190 (DRTCT) continuing in all a distance of 139 91 feet to a
point for corner
THENCE North 87 deg 42 min 33 sec West a distance of 5 02 feet to a point for corner'
THENCE North 02 deg 12 min 00 sec East a distance of 56.20 feet to the most northwesterly corner of
said Tract 2
THENCE South 87 deg 42 mm 33 sec East a distance of 3 OS feet to the most southwesterly corner of a
tract of land conveyed to RODANCO PARTNERS LTD recorded in Document # D 207401118
(DRTCT ),
THENCE North O1 deg 20 min 52 sec East a distance of 46 75 feet to the most northwesterly corner of
said tract RODANCO PARTNERS LTD recorded in Document # D 207401118 (DRTCT)
THENCE North 87 deg 42 min 33 sec West a distance of 2.37 feet to the most southwesterly corner of
said Tract 1
THENCE North 02 deg 12 min 00 sec East a distance of 197 02 feet to the POINT OF BEGINNING
Exhibit B
Rodanco Partners, Ltd., MSD
4.391 Acre Tract
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt Resolution Supporting the Application of Rodanco Partners Ltd for a Municipal Setting
Designation for Property Located at 400 South Jennings Avenue to the Texas Commission on
Environmental Quality Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater
RECOMMENDATION
It is recommended that the City Council
1 Conduct a public hearing on the application of Rodanco Partners Ltd for approval of a Municipal Setting
Designation for the property located at 400 South Jennings Avenue an approximately 4 391 acre tract,
more fully described as Jennings South Addition Lot 1-R, Block 36 Fort Worth Tarrant County Texas 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
In 2003 a state law became effective creating the concept of a Municipal Setting Designation (MSD) The
purpose of an 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 an 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 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
On August 25 2008 Rodanco Partners Ltd filed an application with the City seeking support of an MSD
Logname: 52MSD RODANCO Page l of 2
at 400 South Jennings Avenue Fort Worth Texas
Staff from the departments 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 at the Tarrant County Public Health Department on October 6 2008 One representative
of the Applicant and one City staff member was present. One resident of Fort Worth and surrounding cities
was in attendance Comments made at the meeting do not adversely impact staffs recommendation to
approve this MSD
The groundwater to be restricted is shallow perched groundwater that occurs at depths of three feet below
ground surface (bgs) down to the top of the underlying confining limestone layer that occurs at a depth of
approximately 20 feet bgs The affected shallow groundwater is not a designated recognized major or
minor aquifer The predominant chemicals of concern detected in the groundwater are tetrachloroethylene
(PCE) trichloroethylene (TCE), and vinyl chloride
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 one-half mile of the
MSD boundary All undeveloped properties (within the City limits of the City of Fort Worth) within one-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. There are no other
cities within one-half mile of the MSD boundary
The site is located in COUNCIL DISTRICT 8
FISCAL INFORMATION/CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by Charles Daniels (6183)
Originating Department Head Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname 52MSD RODANCO Page 2 of 2