HomeMy WebLinkAboutResolution 5310-12-2020 A Resolution
NO. 5310-12-2020
IN SUPPORT OF THE APPLICATION OF
THE FORT WORTH TRANSPORTATION AUTHORITY
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION FOR
UNDEVELOPED LAND NEAR INTERSTATE HIGHWAY 35 WEST AND WEST RISINGER
ROAD, FORT WORTH, TEXAS
WHEREAS, the Hickman Family Limited Partnership (Applicant)has filed an application for
support of a resolution seeking a Municipal Setting Designation for the site known as an undeveloped
property near Interstate Highway 35 and West Risinger Road, Fort Worth, Texas,the metes and bounds
description being attached hereto as Exhibit"A" (Site) to the Texas Commission on Environmental
Quality; and
WHEREAS, a public meeting on the application for support was held in Fort Worth on
November 5, 2020, and a public hearing was held in Fort Worth on November 20, 2020, 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 of the Site,that has been
detected in concentrations exceeding residential assessment levels for potable use is trichloroethene; 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
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.
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 is' day of December 2020.
ATTEST:
A OF FORT
B y; or Ronald P.Gonzales(Dec T,202012:09 CST) � '.,�
Mary J. Kayser, City Secretary
r2
�F�S.
EXHIBIT A
SITE
UNDEVELOPED LAND NEAR INTERSTATE HIGHWAY 35 WEST AND WEST RISINGER
ROAD, FORT WORTH, TEXAS
LEGAL DESCRIPTION
PART OF THE GEORGE HAMILTON SURVEY,ABSTRACT 751 AND JAMES J. SCOTT SURVEY,
ABSTRACT 1449
BEING a 6.6074 acre(287,819 square foot)tract of land situated in the George Hamilton Survey,Abstract
No. 751 and the James J. Scott Survey,Abstract No. 1449, City of Fort Worth,Tarrant County,Texas; said
tract being part of that tract of land described in Correction Warranty Deed to Hickman Family Limited
Partnership recorded in Instrument No. D206394892 of the Official Public Records of Tarrant County,
Texas; said tract being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with "KHA" cap set for corner in the west line of Lot 3,Block 1,
Southland Business Park Addition,an addition to the City of Fort Worth according to the plat recorded in
Instrument No. D220093349 of said Official Public Records;
THENCE South 0°26'51" East,along the said west line of Lot 3,a distance of 494.01 feet to a 5/8-inch iron
rod with"KHA" cap set for corner;
THENCE North 90°00'00"West,departing the said west line of Lot 3, a distance of 444.62 feet to a point
for corner in the east line of that tract of land described in Special Warranty Deed to Barnett Gathering,
L.P. recorded in Instrument No.D206080398 of said Official Public Records;
THENCE North 0039116"West, along the said east line of the Barnett Gathering,L.P. tract,a distance of
107.90 feet to a 1/2-inch iron rod found for the northeast corner of said Barnett Gathering L.P.tract;
THENCE South 89°28'24"West, along the north line of said Barnett Gathering,L.P. tract,a distance of
177.28 feet to a point for corner;
THENCE North 0°00'00"East,departing the said north line of the Barnett Gathering, L.P. tract,a distance
of 387.73 feet to a point for corner;
THENCE North 90000'00"East,a distance of 619.27 feet to the POINT OF BEGINNING and containing
6.6074 acres or 287,819 square feet of land,more or less.
EXHIBIT B
MAP
IH-35 West&West Risinger Road Former Gravel Pit Area MUNICIPAL SETTING DESIGNATION
x TKO
rA
z
2a U ----�A ���GF
EVCr
ERMAN
PALETTE
8 CD
Cn
SUCCESSFUL
P
U
Mllee -� w
0 as Yj n
�— Railroads = o m
-Municipal Setting Designation m chi SITE MAP
RISINGER
QCouncil Districts
t -- Major Highways and Streets
City of Fort Worth 6
FOR��TH.
LAZYCREST RUSTIC J
Base Map:CITY OF FORT WORTH GIS
Amy LaMar I October 20201 Map Source:XA07 ENVIRONMENTALOSWC Reports
Wnaoj
z
0
Q z
z
ui
�n w
LLl
0
IL
LLJ
LU
z � �
LU a
J _
—li Tr
Q
U sE-i-H±noS
z LU
LU
D
2 IVNIObVO NOSTbn8
m w
v
Q
LU
N TECHNOLOGY LLI
U
0
L S1 N CD
LD a� �`� IIIH N083WVOcu
g
L �
E (�
L J
O
LL z
T3 SOUTHWEST 2
O
O w
1= >
L co U) z
cu N33bO 0131A .2 Lo
LO!` c
QNIM]PJIt�d'N a .+ X
c m ai
R �0380 NWnlnv in 2
N N p o
G� p c F� = co
�\ to co tf co
j > o p
v> �� m 3 o
CD p m o F..� of o
cn o Qd �� �d d _ = LL / O N
cc Q) �� p O y o o — o lil LL
Lr) o goo c� C) o
M v
c`o
_ I N
m E
Q
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/17/20 M&C FILE NUMBER: M&C 20-0858
LOG NAME: 23HICKMAN MSD
SUBJECT
(CD 8)Conduct Public Hearing,Adopt Resolution Supporting the Application of the Hickman Family Limited Partnership for a Municipal Setting
Designation for the Property Located Near the Intersection of Interstate Highway 35 West and West Risinger Road, Fort Worth,Texas,to the Texas
Commission on Environmental Quality,and Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site
Pursuant to Chapter 12.5,Article IV, Division 2"Municipal Setting Designation"(Continued from a Previous Meeting)
(PUBLIC HEARING-a. Report of City Staff:Cody Whittenburg;b.Public Comment;c.Council Action:Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing on the application of the Hickman Family Limited Partnership,for approval of a Municipal Setting Designation for
the property located near the intersection of Interstate Highway 35 West and West Risinger Road an approximate 6.6074-acre tract,more
fully described as being located in the George Hamilton Survey,Abstract No.751 and in the James J.Scott Survey,Abstract No.1449,Fort
Worth,Tarrant County,Texas to allow the public the opportunity to give testimony;
2. Adopt the attached resolution supporting the Hickman Family Limited Partnership'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 2,2020,the Hickman Family Limited Partnership filed an application with the City seeking support of a Municipal Setting Designation
(MSD)for a property located near the Intersection of Interstate Highway 35 West(1-35W)and West Risinger Road, Fort Worth,Texas.
Staff from the Planning and Data Analytics,Transportation and Public Works,Development Services,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 Chisholm Trail Community Center on November 11,2020.
The groundwater that is sought to be restricted is shallow,perched,discontinuous groundwater that occurs at depths of approximately fourteen
(14)to twenty(20)feet below the ground surface. The affected shallow groundwater is underlain by a confining layer of approximately 200 to 450
feet in thickness that serves as a regional aquitard preventing 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 trichloroethene(TCE). The TCE contamination is attributed to historic,non-specific,illegal dumping on the subject property.
The Fort Worth Water Department provides water service to all existing residential and commercial/industrial properties located in the area and
within a'/2 mile of the MSD boundary.All undeveloped properties with'/Y 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.The purpose of an MSD is to provide a means by
which the Texas Commission on Evironmental Quality(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 29th within Fort Worth city limits.
Approval of this MSD application by the Texas Commission on Environmental Quality will support the usage of the subject property consistent with
the current zoning without unnecessary requirements placed on the developer to take actions to address historic contaminated groundwater.
There are currently no land use plans for this site other than remaining undeveloped for the foreseeable future.
The location is in COUNCIL DISTRICTS 8 and 9.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office by: Valerie Washington 6199
Originating Business Unit Head: Brandon Bennett 6322
Additional Information Contact: Cody Whittenburg 5455