HomeMy WebLinkAboutResolution 4897-01-2018 A Resolution
NO. 4897-01-2018
IN SUPPORT OF THE APPLICATION OF THE FORT WORTH
TRANSPORTATION AUTHORITY TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY FOR A
MUNICIPAL SETTING DESIGNATION FOR 2417 EAST LONG
AVENUE, FORT WORTH,TEXAS
WHEREAS, the Fort Worth Transportation Authority(Applicant)has filed an application for
support of a resolution seeking a Municipal Setting Designation for the site known as 2417 E. Long
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
December 14, 2017, and a public hearing was held in Fort Worth on January 23, 2018, 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 a contaminant
identified within the designated groundwater, associated with historical uses adjacent to the Site, that has
been detected in concentrations exceeding residential assessment levels for potable use for
tetrachloroethylene; 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
un-
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:
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 23RD day of January, 2018.
ATTEST: F FORT
U —►
B y' qKa ,
---------- :2MarCity Secretary
oRrWo
EXHIBIT A
SITE
2417 EAST LONG AVENUE, FORT WORTH,TEXAS 76102
PARCEL 545A and 545C
LEGAL DESCRIPTION
BEING 21.174 acres of land located in the SEBURN GILMORE SURVEY,Abstract No. 590, Fort Worth,
Tarrant County,Texas, and being all of the 19.673 acre tract of land, and 1.501 acre tract of land, conveyed to
Fort Worth Transportation Authority,by deeds recorded in the County Clerk's file Number D217030021 and
D217030021,of the Deed Records of Tarrant County, Texas. Said 21.174 acres of land being more particularly
described by metes and bounds as follows:
BEGINNING at a 1" iron pipe found,at the Northwest corner of said 19.673 acre tract, and the said POINT OF
BEGINNING also lying in the Southeast right-of-way line of the 100 foot wide right-of-way conveyed to the
Dallas Area Rapid Transit System, by the deed recorded in Volume 10146,Page 640, of the Deed Records of
Tarrant County,Texas;
THENCE N 630 09' 58"E 495.30 feet, along the Northwest boundary line of said Tract III and the Southeast
right-of-way line of said D.A.R.T. Railroad,to a 5/8" iron rod, found at the West corner of a tract of land
designated as Parcel 8, in deed to St. Louis Southwestern Railway Company of Texas, recorded in Volume 59,
Page 472, and Volume 763,Page 345, of the Deed Records of Tarrant County, Texas;
THENCE continuing along the Northwest boundary line of said 19.673 acre Tract, and the Southeast right-of-way
line of said St. Louis Southwestern Railway Company of Texas, as follows:
1. N 890 45' 58" E 111.40 feet,to a '/2" iron rod marked"Brittain&Crawford" set;
2. N 630 09' 58"E 406.80 feet,to a ''/2" iron rod marked"PRICE", found at the most Northerly Northeast
corner of said 19.673 acre tract, same point being the West corner of aforesaid 1.501 acre tract,
THENCE along the North boundary line of said 1.501 acre tract, and continuing along the Southeast right-of-way
line of said St. Louis Southwestern Railway, as follows:
1. N 63° 09' 58"E 327.34 feet,to a ''/z" iron rod marked "Brittain & Crawford" set;
2. N 770 18' 58" E 143.90 feet,to a ''/z" iron rod marked "Brittain & Crawford" set;
3. N 890 23' 42"E 32.24 feet,to a ''/z" iron rod marked "Brittain & Crawford"set,at the Northeast corner
of said 1.501 acre tract, and the Northwest corner of Lot 5-R, Block 1-R,Diamond Heights Industrial
Addition, an addition to the City of Fort Worth,Tarrant County,Texas, according to the plat recorded in
Cabinet B, Slide 2423, of the Plat Records of Tarrant County, Texas, from which a metal fence post bears
S 870E 1.25 feet;
THENCE S 000 22' 45"E 114.93 feet, along the East boundary line of said 1.501 acre Tract and the West
boundary line of said Lot 5-R,to a ''/z" iron rod marked"Brittain& Crawford" set;
THENCE continuing along the East boundary line of said 1.501 acre tract, as follows:
ORTWO
1. S 700 11' 32" W 98.21 feet,to a '/2" iron rod marked"Brittain&Crawford" set;
2. S 000 21' 33" E 135.42 feet, to a broken concrete monument found, at the Southeast corner of said 1.501
acre tract, same point being the Northeast corner of aforesaid 19.673 acre tract;
THENCE S 000 21' 33" E 610.81 feet, to a '/2" iron rod marked "Brittain &Crawford" set at the Southeast
corner of said 19.673 acre Tract, said point lying in the North right-of-way line of Long Avenue(a 110' wide
public right-of-way);
THENCE along the South boundary line of said 19.673 acre tract, and the North right-of-way line of said Long
Avenue, as follows:
1. SOUTHWESTERLY 690.38 feet, along a curve to the right, having a radius of 1945.34 feet, a central
angle of 200 20' 01", and a chord bearing of S 790 18' 08" W 686.76 feet,to a ''/2" iron rod marked
"PRICE", found at the end of said curve;
2. S 890 29' 16" W 618.88 feet,to a 3/8" iron rod found at the Southwest corner of said 19.673 acre Tract,
same point being the Southeast corner of the tract of land conveyed to Southwest Petroleum Corporation,
by the deed recorded in Volume 2041, Page 446, of the Deed Records of Tarrant County, Texas;
THENCE N 000 03' 23"W 440.08 feet, along the West boundary line of said 19.673 acre Tract, and the
East boundary line of said Southwest Petroleum Corporation tract,to the POINT OF BEGINNING, containing
21.174 acres (922,327 square feet)of land.
O TWO
EXHIBIT B
MAP
2417 EAST LONG AVENUE MUNICIPAL SETTING DESIGNATION
NECHES
L
Lu
z
36TH
36tH
Of
EVA QY J
m
t'
NE 33RD E LONG
F
�DND
NF 33RD o. LONG LONG
3iRD
ND z i
DIAMOND'
R 02 Iles DIAMOND m
Major HW—yo and Streets
/ ?
-4--4 Railroads
=Long Avo MSO Dmulary QUENTIN fi
Q coundl Districts
City of Fon Worth LEMING Aj
1
FORT WORTH, s
VERA CRUZ M f '
base map:CITY OF FORT WORTH GIS pgo�RT SITE MAP
ORT WO
2417 EAST LONG AVENUE MUNICIPAL SETTING DESIGNATION
p NECHES
J
W
Z
Z
_36TH =
' 36TH
EVA
a
m
a
nc
o
m 3
W.
� I
NE 33RD E LONG
Et pNG NF 33R
0 LU
K" LONG 3RD
ALONG x
p\PM DIAMOND LU; per. 00
0 0.2 files DIAMOND
{ l��
— — Major Highways and Streetsf0�
�---� Railroads .`
- Long Ave MSD Boundary OUEhdTIN
2-f
Council Districts
City of Fort Worth LEMING f`�
t
f
FORT WORT H. o ,,r 1
VERACRUZ Mt / !
N# W
base map: CITY OF FORT WORTH GIS '04pURTSITE MAP
Map Source: X:\07_ENVIRONMENTAL\GIS\MC_Reports Amy LaMar November 2017
r
r � t
TOW
44
- � o
'-Eastside 2
�
°
l g
i w 1 -tr
IL g-
i. o r iRM }^ t
n ,
IV
Ip
Tarrant AM9
IR
7.
S3R
-Q7r.w m i 5 t
t 3-RI * 0 0^
LANG LdNG y LONA
=r. z -a+ N .LONG•'-
LONO z LONG r LONG
__ __ — ;
D 69r f - Legend
L
KNXAMONo° 1 =f � �r` 5 �,: All Water Mains
H057 a ,z.a� `:014 11 q ,.� j -• ;k ,3-z ai .,.._. Adjacent City
xo, a
wavN ' ,. -F{ ° • CFW City Limit
r s
e
o 0 U
_ O , Fire Hydrants 17 1i3A
11/10/2017
oRTWORT
1111 IIEI 114-4—RE-90NTI�L,04.0
uw�.aR t ogrFEgwUp�YVFs�ocp vaH3ie 2417 E. Long Avenue WAM
H
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/23/201$ --Ordinance No. 23086-Q,1,7;918 841io .
No.-4897-01-207 8 .a
DATE: Tuesday, January 23, 2018 REFERENCE NO.: G-19210
LOG NAME: 23MSD 2417 E LONG AVE
SUBJECT:
Conduct Public Hearing, Adopt Resolution Supporting the Application of Fort Worth Transportation
Authority, for a Municipal Setting Designation for the Property Located at 2417 E. Long Avenue, Fort
Worth, Texas, to the Texas Commission on Environmental Quality and Adopt Ordinance Prohibiting the
Potable Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of the Fort Worth Transportation Authority, for approval of a
Municipal Setting Designation for the property located at 2417 East Long Avenue, a combined 21.174-
acre tract, more fully described as Parcel 545A and Parcel 545C, Seburn Gilmore Survey, Abstract No.
590, 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:
On October 23, 2017, the Fort Worth Transportation Authority filed an application with the City seeking
support of a Municipal Setting Designation (MSD) for a property located at 2417 E. Long Avenue, Fort
Worth, Texas.
Staff from the Planning and Development, Transportation and Public Works, and Water departments were
given the application to review. No comments or concerns were received. Notice was issued, as required
by ordinance, and a public meeting was held at the Diamond Hill Community Center on December 14,
2017.
The groundwater that is sought to be restricted is shallow, perched, discontinuous groundwater that
occurs at depths of approximately three to nine feet below the ground surface. The affected shallow
groundwater is underlain by a confining layer, the Fort Worth Limestone, approximately 200 to 300 feet in
thickness, that serves as a regional aquitard preventing the vertical migrations of the chemical of concern
to underlying potable aquifers. The affected shallow groundwater is not a designated, recognized major or
minor aquifer. The chemical of concern detected in the designated groundwater is tetrachloroethylene,
which is likely the result of historic contamination resulting from operations at Archived Superfund Site—
Stauffer Chemical Company (Stauffer, EPA ID—TXD008014417), which is north of the MSD location and
upgradient for groundwater.
Logname: 23MSD 2417 E LONG AVE Page 1 of 3
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties located in the area and within a half mile of the MSD boundary. All
undeveloped properties with a 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.
In 2003, a state law came into effect creating the concept of a Municipal Setting Designation (MSD). The
purpose of an MSD is to provide a means by which TCEQ may limit the scope of investigations and
response actions for groundwater contamination at a site, provided the groundwater is prohibited for use
as a potable water source. "Potable water" means water used for drinking, showering, bathing, or cooking,
or for irrigating crops intended for human consumption. A person, typically a developer, must apply to
TCEQ for certification of their property as an MSD. If granted, they will not be required to clean up
designated groundwater within the MSD 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.
In January 2005, the 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. This MSD application is the 27th within Fort Worth city limits.
Approval of this MSD application by the Texas Commission on Environmental Quality will support the
advancement of the TEX Rail system by allowing necessary rights-of way to be obtained without
unnecessary requirements placed on the developer to take actions to address historic contaminated
groundwater. There are currently no land use plans for these areas beyond establishing rights-of-way.
The location is in COUNCIL DISTRICT 2.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun 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:
Logname: 23MSD 2417 E LONG AVE Page 2 of 3
Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Cody Whittenburg (5455)
Logname: 23MSD 2417 E LONG AVE Page 3 of 3