HomeMy WebLinkAboutResolution 3486-05-2007A Resolution
IN SUPPORT OF THE APPLICATION OF DRAKE REALTY GROUP L.P
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION AT
500 N MAIN STREET, FORT WORTH TEXAS
NO 3486-05-2007
WHEREAS Drake Realty Group L P (Applicant) has filed an application with the City of
Fort Worth, Texas, for the city's support of a Municipal Setting Designation for the property located at
500 N Main Street, Fort Worth, Texas, an approximately 1 492-acre tract, more fully described as Lots
1 thru 13 and Lots 36 thru 38 Block 10 North Fort Worth, Fort Worth, Tarrant County Texas, the
metes and bounds description being attached hereto as Exhibit A (Site) and
WHEREAS, a public meeting on the application for support was held in Fort Worth on April 16
2007 and a public hearing was held m Fort Worth on May 8 2007 and the affected community was
duly notified of same and allowed the opportunity to comment, and
WHEREAS, the City of Fort Worth is a municipality with a population of 20 000 or greater 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 Srte• 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 m
concentrations exceeding residential assessment levels for potable use include Benzene Toulene
Ethylbenzene Xylene (BTEX), Methyl Tertiary Butyl Ether (MTBE) Naphthalene, and Total Petroleum
Hydrocarbons (TPH) Groundwater analysis has also revealed multiple Volatile Organic Compounds
(VOCs) constituents, 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 has prohibited the use of designated
groundwater beneath the Site for potable and irrigation purposes 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
Resolution No 3486-OS-2007
WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best
interests of the community
NOW, THEREFORE, BE IT RESOLVED BY 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 8th day of May _ 2007
ATTEST
B
y - -
Marty Hendrix City Secretary
APPROVEn
CITY COUNCIL
MAY 8 2007
~~,~=~~
City Secretary of the
City of Fort Worth, Texas
Resolution No 3486-OS-2007
Exhibilt A
CFW - MSD - 0009
500 N Main Street
Metes and Bounds
ALL that certain tract or parcel of land situated in the ADOLPHUS F GOUHENANT SURVEY
ABSTRACT NO 582, in the City of Fort Worth, Tarrant County Texas and being Lots 1 thru 13 and Lots
36 thru 48, Block 10, North Fort Worth, an Addition to the City of Fort Worth, Tarrant County Texas
according to the plat recorded in Volume 63 Page 149 Plat Records, Tarrant County Texas (also lmown
as The Union Land Company's Industrial Addition) and including an alley vacated by City Ordinance No.
67S as recorded in Volume 2018, Page 320, Deed Records, Tarrant County Texas, also being those same
tracts of land described in the deeds to Drake Realty Group, Inc. as recorded in Document No.
D20I 160029 and Document No. D202064830, Deed Records, Tarrant County Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a 'Y" cut found in concrete for the most southerly corner of Lot 1 of said Block 10, said
'Y" being the intersection of the northwesterly right-of--way line of North Fourth Street (a 60 foot public
right-of way) and the northeasterly right-of way line of North Main Street (a 100 foot public right-of--way);
THENCE North 30 degrees 00 minutes 00 seconds West (based on various City records -original plat
contains no bearings) with the southwesterly boundary line of said Block 10 and with said northeasterly
right-of--way line a distance of 325.00 feet to a I/2 inch capped steel rod stamped 'FULTON
SURVEYING" found for the most westerly corner of Lot 13 of said Block ] 0•
THENCE North 60 degrees 00 minutes 04 seconds East, traversing said Block 10 a distance of 200.00 feet
to a 1/2 inch steel rod found for the most northerly corner of Lot 36 of said Block 10 said rod being in the
southwesterly right-of--way line of Commerce Street (a 70 foot public right-of--way);
THENCE South 30 degrees 00 minutes 00 seconds East with the northeasterly boundary line of said Block
10 and with said southwesterly right-of--way line a distance of 325.00 feet to a 1/2 inch steel rod found for
the most easterly corner of Lot 48 of said Block 10, said rod being the intersection of said southwesterly
right-of--way line and said northwesterly right-of way line;
THENCE South 60 degrees 00 minutes 00 seconds West with the southeasterly boundary line of said Block
10 and with said northwesterly right-of--way line a distance of 200.00 feet to the PLACE OF BEGINNING
and containing 1 492 acres of land, more or less. This field note description is based on the Land Title
Survey and plat made by Jason B. Rawlings, R.P.L.S. No. 5665 on February 2, 2007
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 5/8/2007 Resolution No 3486-05-2007 & Ordinance No
17539-05-2007
DATE Tuesday May 08 2007
LOG NAME 52MSDDRAKE REFERENCE NO G-15717
SUBJECT
Adopt a Resolution Supporting the Application of Drake Realty Group L.P for a Municipal Setting
Designation for the Property Located at 500 North Main 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
RECOMMENDATION
It is recommended that the City Council
1 Conduct a public hearing on the application of Drake Realty Group L.P for approval of a Municipal
Setting Designation (MSD) for the property located at 500 North Main Street, an approximately 1 492-acre
tract, more fully described as Lots 1 thru 13 and Lots 36 thru 48 Block 10 North Fort Worth Fort Worth
Tarrant County Texas ("Site') 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 an 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 an 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 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 To date City Council has approved seven MSD applications
Logname 52MSDDRAKE Page 1 of 2
On March 15 2007 Drake Realty Group L.P filed an application with the City seeking support of an MSD
at 500 North Main Street.
Staff from the departments of Development, Engineering Environmental Management, 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
Central Library on April 16 2007 Six representatives of the Applicant and three city staff were present. No
citizens were in attendance No comments adverse to the establishment of this MSD have been received by
City staff
The designated groundwater at the Site is shallow with average depth to groundwater ranges from 11 - 13
feet below ground surface (bgs) The property is underlain by silty clay transitioning to clay Limestone
occurs at approximately 25 feet below the ground surface (bgs) and acts as an aquitard which prevents the
vertical migration of water and contaminants to the underlying potable aquifers. Petroleum hydrocarbon
constituents present in the groundwater included Benzene-Toulene-Ethylbenzene-Xylene (BTEX) Methyl
Tertiary Butyl Ether (MTBE) Naphthalene and Total Petroleum Hydrocarbons (TPH) Groundwater
analysis has also revealed multiple Volatile Organic Compounds (VOCs) constituents. The source of the
groundwater contamination is a petroleum hydrocarbon release from leaking underground storage tanks
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties located within a '/2 mile of the MSD boundary All undeveloped properties
with 'h 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) #12311 (City of
Fort Worth) and the City of Fort Worth Policy for the Installation of Community Services.
The site is located in COUNCIL DISTRICT 2
FISCAL INFORMATION/CERTIFICATION
The Finance 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 b~ Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname• 52MSDDRAKE Page 2 of 2