HomeMy WebLinkAboutResolution 3432-11-2006A Resolution
IN SUPPORT OF THE APPLICATION OF BLG Northside Development, L.P
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION AT
600 N MAIN STREET, FORT WORTH, AN APPROXIMATELY 70.856-ACRE TRACT
ENCOMPASSING LAGRAVE FIELD, THE FORMER CYTEC SITE, THE FORMER
TECHNICOAT SITE AND ASSOCIATED PROPERTIES,
FORT WORTH, TEXAS
NO 3432112006
WHEREAS, BLG Northside Development, 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 properties
located at 600 N Main Street, Fort Worth, an approximately 70 856-acre tract encompassing LaGrave
Field, the former Cytec site, the former Technicoat Site and associated properties, in Fort Worth, Tarrant
County Texas, more fully described in 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 October
24 2006, and a public hearing was held in Fort Worth on November 14 2006, 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 druilcing 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
vv~thin the designated groundwater, associated with historical uses of the Site, that have been detected in
concentrations exceeding residential assessment levels for potable use include chlorinated solvents,
volatile hydrocarbons, and metals; and
WHEREAS, Applicant has fi~rther 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 purposes as well as for irrigation, 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
Resolution No 3432 11 2006
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
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WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best
interests of the community
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
~ That the City supports Applicant's application to the Texas Commission on Environmental
Quality for a Municipal Setting Designation of the Site.
Adopted this 14th day of November2006
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APPROVED
CITY COUNCIL
NOV 1 4 2006
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City Secretary of the
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Resolution No 3432 11 2006
EXHIBIT A
Being all of a tract of land as conveyed to LaGrave Reconstruction Company LLC, in Volume, 15273
Page 69 Volume 15593 Page 250, and Volume 15611 Page 257 and all of a tract of land as conveyed
to the City of Fort Worth in Volume 15292, Page 209 Volume 15968, Page 23 and Volume 15242, Page
89 and all of Third Street, Fourth Street, King Street, Scott Street, Grove Street, Jones Street, Pecan
Street, and a portion of Fifth Street, Sixth Street, and Seventh Street which were vacated by City of Fort
Worth in City Ordinance No 1100 and all subject alleyways vacated by City of Fort Worth in City
Ordinance No 1101 and Ordinance No. 2092, and being more particularly described by metes and
bounds as follows:
Beginning at a point at the corner of the west right of way line of Calhoun Street and the northerly right
of way line of Seventh Street;
Thence north 30°00'00" west, along the westerly right of way line of Calhoun Street a distance of 654 02
feet to a point;
Thence north 60°00'00" east, leaving said right of way for a distance of 250 15 feet to a point;
Thence south 40°54'05" east, a distance of 105 75 feet to a point;
Thence south 30°00'00" east, a distance of 250 16 feet to a point;
Thence north 60°00'00" east, a distance of 579.22 feet to a point;
Thence south 30°00'00 east, along the easterly right of way of Pecan Street a distance of 1679 67 feet to
a point;
Thence south 60°00'00" west, leaving said right of way a distance of 58 12 feet to a point in the westerly
right of way lute of Pecan Street;
Thence south 30°00'00" east, along the westerly line of said right of way a distance of 460.33 feet to a
point;
Thence south 37° 10'20" east, a distance of 50.20 feet to a point;
Thence south 30°3 8'00" east, a distance of 50 00 feet to a point;
Thence south 00°36'00" east, a distance of 185 70 feet to a point;
Thence north 89°22'00" east, a distance of 100 00 feet to a point;
Thence south 32°40'00" east, a distance of 94.30 feet to a point;
Resolution No 3432 11 2006
Thence south 00°38'00" east, a distance of 232.00 feet to a point;
Thence north 89°44'00" east, a distance of 33 00 feet to a point;
Thence south 00° 16'00" east, a distance of 171 70 feet to a point;
Thence south 60°00'00" west, a distance of 627 00 feet to a point;
Thence north 30°00'00" west, a distance of 574 76 feet to a point;
Thence south 60°00'00" west, along the southerly right of way line of Fourth Street a distance of 270 00
feet to a point in the westerly right of way line of Commerce Street;
Thence north 30°00'21" west, along said right of way line of Commerce Street a distance of 534.95 feet
to a point;
Thence north 60°00'00" east, leaving said right of way line a distance of 270 OS feet to a point;
Thence north 30°00'00" west, a distance of 125 00 feet to a point;
Thence south 60°00'00" west, along the southerly right of way of Fifth Street a chstance of 570 OS feet to
a point in the westerly right of way line of North Main Street;
Thence north 30°00'00" west, leaving said right of way line a distance of 159.95 feet to a point in the
westerly right of way line of Commerce Street;
Thence north 60°00'00" east, a distance of 300 00 feet to a point in the westerly right of way of
Commerce Street;
Thence north 30°00'00" west, along said right of way line a distance of 1010.28 feet to a point;
Thence south 60°00'00" west, leaving said nght of way a distance of 300 00 feet to a point in the
westerly right of way line of North Main Street;
Thence north 30°00'00" west, a distance of 210 00 feet to a point in the aforementioned right of way'
Thence north 60°00'00" east, along the northerly right of way of Seventh Street a distance of 569 83 feet
to the point of beginning and containing 70 856 acres of land more or less.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 11/14/2006 Resolution No 3432 11 2006 & Ordinance No
17281 11 2006
DATE Tuesday November 14 2006
LOG NAME 52MSD BLG NS
SUBJECT
Adopt Resolution Supporting the Application of BLG
Setting Designation for the Properties Located at 60
on Environmental Quality and Adopt Ordinance
Groundwater from Beneath the Site
REFERENCE NO G-15493
Northside Development, L P for a Municipal
0 North Main Street, to the Texas Commission
Prohibiting the Potable Use of Designated
RECOMMENDATION
It is recommended that the City Council
1 Conduct a public hearing on the application of BLG Northside Development, L.P for approval of a
Municipal Setting Designation (MSD) for the properties located at 600 North Main Street, Fort Worth This
is an approximately 70 856-acre tract encompassing LaGrave Field the former Cytec site the former
Technicoat Site and associated properties in Fort Worth Tarrant County Texas ("site') to be known as
the LaGrave Area MSD 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 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 An individual 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 obtain 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, conducting a
public meeting held for the purpose of providing information on the application to the affected community
and a public hearing City Council has granted four previous MSD applications
Logname 52MSD BLG NS Page 1 of 2
On September 21 2006 BLG Northside Development, L.P filed an application with the City seeking
support of an MSD at the LaGrave Area
Staff from the departments of Environmental Management, Water Transportation and Public Works,
Development and Engineering 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 October 24 2006 Approximately 20 people were in attendance including city staff and
applicant representatives. The meeting was uneventful and no comments adverse to the application were
made
The designated groundwater at the site is shallow with depths varying from 10 to 20 feet below ground
level The identified chemicals of concern in the designated groundwater that exceed residential
assessment levels are' chlorinated solvents volatile hydrocarbons and metals: The impacted groundwater
is not a drinking water source The source of the groundwater contamination is historic industrial uses of
the site dating back to the 1930s.
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties within '/z mile of the multiple properties located in the LaGrave Area of
Trinity Uptown All undeveloped properties with '/z 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.
The site is located in COUNCIL D{STRICT 2
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~ Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname 52MSD BLG NS Page 2 of 2