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HomeMy WebLinkAboutResolution 5753-06-2023A Resolution NO. 5753-06-2023 IN SUPPORT OF THE APPLICATION OF THE FORT WORTH TRANSPORTATION AUTHORITY TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING LOCATED AT 925 JEROME STREETS FORT WORTH, TEXAS WHEREAS, the Cambria Hotels Fort Worth Rosedale, LLC (CH FW Rosedale, LLC) (Applicant) has filed an application for support of a resolution seeking a Municipal Setting Designation for the site known as the Cambria Hotels Fort Worth located at 925 Jerome Street, 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 May 18, 2023, and a public hearing was held in Fort Worth on June 13, 2023, 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 arsenic; 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 131h day of June 2023. ATTEST: By'X . --------------------- Jannette S. Goodall, City Secretary 4.000n�n� 000000 XADoo o� a go ~oo o 0 ��aa,, Tiv is- EXHIBIT A CAMBRIA HOTELS FORT WORTH, 925 JEROME STREET, FORT WORTH, TEXAS Legal Description of Site BEING a 2.458 acre parcel of land situated in the E. Harris Survey, Abstract Number 688, City of Fort Worth, Tarrant County, Texas, being all of Lot A, Block 5 and a portion of Lot B, Block 5, Mistletoe heights, an addition to the City of Fort Worth, Tarrant County, Texas, according to the play recorded in Volume 388-59, Page 25 Plat Records of Tarrant County, Texas, also being all of a tract of land described in deed to MTV, LLC, recorded in County Clerk Document Number D216283471, Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), said 2.458 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8-inch iron rod with cap stamped "DUNAWAY ASSOC. LP" at the intersection of the north right-of-way line of West Rosedale Street (variable width) and the west right -of way line of the Fort Worth & Western Railroad; THENCE North 77 degrees 40 minutes 59 seconds West, along said north right-of-way line, a distance of 183.57 feet to a found 5/8-inch iron rod with cap stamped "DUNAWAY ASSOC. LP" for beginning of a tangent circular curve to the left, having the radius of 711.94 feet and whose chord bears North 79 degrees 35 minutes 00 seconds West, a distance of 47.24 feet; THENCE Northwesterly, continuing along said north right-of-way line, and along said circular curve to the left, through a central angle of 03 degrees 48 minutes 10 seconds and an arc length of 47.25 feet to a point for corner at the intersection of the north right-of-way line of said West Rosedale Street with the east right-of-way line of Jerome Street (variable width); THENCE North 00 degrees 04 minutes 28 seconds East, departing said north right-of-way line with the east right-of-way line of said Jerome Street, at a distance of 0.35 feet passing a found 5/8-inch iron rod with cap stamped "BURY + PARTNERS", and continuing for a total distance of 37.29 feet to an angle point; THENCE North 18 degrees 54 minutes 34 seconds West, continuing along said east right-of-way line, at a distance of 0.38 feet passing a found 5/8-inch iron rod with cap stamped "BURY + PARTNERS" bears South 68 degrees 34 minutes 28 seconds West, a distance of 0.39 feet, and a found "X" cut bears South 68 degrees 34 minutes 28 seconds West, a distance of 35.37 feet; THENCE North 18 degrees 55 minutes 34 seconds West, departing said east right-of-way line and along the common line of said MTV tract and Block 6R1, Mistletoe Heights Addition, an addition to the City of Fort Worth according to the plat recorded in County Clerk Document Number D212137514, Official Public records, Tarrant County, Texas, at a distance of 100.47 feet passing a found 1/2-inch iron rod, and continuing for a total distance of 100.83 feet; THENCE North 00 degrees 04 minutes 28 seconds East, continuing along said common line, a distance of 490.78 feet to a found 5.8-inch iron rod with cap stamped "DUNAWAY ASSOC. LP" for the common north corner of said MTV tract and said Block 6R1 on the west right-of-way line of said Fort Worth & Western Railroad; THENCE South 23 degrees 50 minutes 32 seconds East, along the west right-of-way line of said Fort Worth & Western Railroad, a distance of 457.25 feet to a found 5/8-inch iron rod with cap stamped "DUNAWAY ASSOC. LP"; THENCE South 21 degrees 11 minutes 32 seconds East, continuing along said west right-of-way line, a distance of 95.02 feet to a found 5/8-inch iron rod with cap stamped "DUNAWAY ASSOC. LP", being the beginning of a tangent circular curve to the right, having the radius of 1,491.32 feet and whose chord bears South 15 degrees 22 minutes 21 seconds East, a distance of 270.48 feet; THENCE Southeasterly, continuing along said west right-of-way line, and along said circular curve to the right, through a central angle of 10 degrees 24 minutes 21 seconds, an are distance of 270.85 feet to the POINT OF BEGINNING and containing 2.458 acres, or 107,062 square feet of land, more or less. EXHIBIT B MAP 925 Jerome Street, Undeveloped Land, MUNICIPAL SETTING DESIGNATION MSD-031 BURNETT 1= 7ANDY 'ER ls��}r}f_ a ft�`� 11TH 9 T IL �\� DAGGETTa9a �A �N 6 4� DAGGETT x BROADWAY �f N WENNECA SROADWA ?tyQ� TERSh11TH w \ `r uJ 7- PETERSM H d p PENNSYLVANI r; E PRUITT rn PR ITT CAN ON RK �Ny� Q 4 COOPER o TERRELL IH� WB,� Ci4 II• EB $ y DASHWOOCI flyY 1Sti1`1'�R' EdA E°E w Wrgt ROSEDALE R© IEDALE = L T ' 4 t pS' p u IR IN OLEANDER wOLEANDER Miles n _a _ MtSn ETOE 'ci S 0 0.45 -+- Railroads = MAGs OLIA ' m w MAGNOLIA - Municipal Setting Designation o � HARRI N w Q Council Districts MISTLETO MISTLE OE _ Major Highways and Streets te City of Fort Worth EDWIN vU1 r ORT WORTHo WEATH RBEE PARK E Base Map: CrTY OF FORT WORTH WS PEMBROKE Bdw Y 1 February 20231 Into Source: X107 ENVIRONMEN TALAdm4thl rAGIS%LandOua9MWrmldodSethnoDatio arbon%MSO 925 Jerome City of Fort Worth, Texas Mayor and Council Communication DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0481 LOG NAME: 23MSD-031 CAMBRIA HOTELS FORT WORTH SUBJECT (CD 9) Conduct Public Hearing and Adopt Resolution Supporting the Application of CH FW Rosedale LLC for a Municipal Setting Designation for the Property Located at 925 Jerome 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 Pursuant to Chapter 12.5, Article IV, Division 2 "Municipal Setting Designation" (PUBLIC HEARING - a. Report of City Staff: Daniel Miracle; 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 to allow the public the opportunity to give testimony on the application of CH FW Rosedale LLC for approval of a Municipal Setting Designation for the property located at 925 Jerome Street, an approximately 2.458-acre tract of land located in the Mistletoe Heights Addition, Block 5R, Lot A-R, City of Fort Worth, Tarrant County, Texas; 2. Adopt the attached resolution supporting CH FW Rosedale LLC'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 March 31, 2023, CH FW Rosedale LLC file an application with the City of Fort Worth seeking support of a Municipal Setting Designation (MSD) for property located 925 Jerome Street, Fort Worth, Texas 76104. Staff from the Planning and Data Analytics, Transportation and Public Works, Development Services, Water, and Code Compliance - Environmental 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 Hazel Harvey Peace Center for neighborhoods on Thursday, May 18, 2023. The groundwater that is sought to be restricted is shallow, perched, discontinuous groundwater that occurs at depths of approximately fifteen (15) to fifty (50) feet below the ground surface. The affected shallow groundwater is underlain by the Pawpaw formation (Kpd). The Pawpaw formation consists of medium gray to yellowish gray limestone that forms topographic benches, weathers dark gray with yellowish brown patches, with a thickness of 30-100 feet. The western portion of the site is underlain by the Fort Worth Limestone and Duck Creek Formation undivided (Kfd). The Fort Worth Limestone consists of limestone and clay with a thickness of 25-35 feet. The Duck Creek Formation consists of aphanitic limestone with pyrite nodules with a thickness of 30-100 feet 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 chemicals of concern detected in the designated groundwater is dissolved arsenic. The arsenic contamination is attributed to historic, non-specific, activities 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 half mile of the MSD boundary. All undeveloped properties within 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. The purpose of an MSD is to provide a means by which the Texas Commission on Environmental 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 31 st 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. The location is in COUNCIL DISTRICT 9 / FUTURE COUNCIL DISTRICT 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 Director of Finance 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: David B. Carson 6336