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HomeMy WebLinkAboutResolution 5877-01-2024 (2) A Resolution NO. 5877-01-2024 IN SUPPORT OF THE APPLICATION OF BIP BRENNAN PROPERTY, LLC TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING LOCATED AT: 2201 BRENNAN AVENUE, FORT WORTH,TEXAS WHEREAS,the BIP Brennan Property, LLC (Applicant) has Piled an application for support of a resolution seeking a Municipal Setting Designation for the site known as BIP Brennan Property located at 2201 Brennan Avenue, 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 December 19, 2023, and a public hearing was held in Fort Worth on January 23, 2024, 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 23 dday of January, 2024. i E ATTEST: Vo<ol �� 00 B y. r 6 � .`3e�0 O •'4,S Jannette S. Goodall, City Secretary ° 6 f 0 6 0tltl400C0 4�Y EXHIBIT A SITE BIP BRENNAN PROPERTY 2201 BRENNAN AVENUE FORT WORTH, TEXAS TRACT #1 BEING A 2.246 ACRE TRACT OF LAND SITUATED IN THE EDMUND LITTLE SURVEY, ABSTRACT NUMBER 954, TARRANT COUNTY,TEXAS AND BEING ALL OF LOT 2 AND A PORTION OF LOT 1, BLOCK 1 OF THE GORBETT INDUSTRIAL ADDITION,AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS RECORDED IN VOLUME 388-23, PAGE 98 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS AND BEING ALL OF THAT CALLED 2.25 ACRE TRACT OF LAND CONVEYED TO HERTEL GENERAL TIRE COMPANY IN VOLUME 3620, PAGE 642 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND IN THE NORTH LINE OF BRENNAN AVENUE FOR THE SOUTHEAST CORNER OF SAID 2.246 ACRE TRACT, ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 2 AND BEING THE SOUTHWEST CORNER OF LOT 4, BLOCK 1 OF THE GORBETT INDUSTRIAL ADDITION RECORDED IN VOLUME 388-216, PAGE 4 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, FROM WHICH A 5/8" IRON ROD FOUND BEARS S 71°55'14" E,A DISTANCE OF 937.92 FEET. SAID 1/2" IRON ROD FOUND BEING FURTHER REFERRED TO AS POINT OF BEGINNING 'A', HAVING A TEXAS COORDINATE SYSTEM OF 1983,NORTH CENTRAL ZONE, U.S. SURVEY FOOT, GRID COORDINATE VALUE OF N:6972095.46, E: 2328022.63 FEET FOR REFERENCE; THENCE FROM SAID POINT OF BEGINNING 'A', WITH THE NORTH LINE OF BRENNAN AVENUE,N 71°55'14" W, PASSING THE SOUTHWEST CORNER OF SAID LOT 2 AT A DISTANCE OF 200.00 FEET AND CONTINUING IN ALL A DISTANCE OF 208.06 FEET TO A 5/8" IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 2.246 ACRE TRACT, ALSO BEING THE SOUTHEAST CORNER OF LOT 1-R-B, BLOCK 1 t OF THE GORBETT INDUSTRIAL ADDITION AS RECORDED IN VOLUME 388-109, PAGE 102 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE, DEPARTING THE NORTH LINE OF BRENNAN AVENUE,N 18°56'54" E, A DISTANCE OF 432.82 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 6870" SET FOR THE NORTHWEST CORNER OF SAID 2.246 ACRE TRACT,ALSO BEING A POINT IN THE EAST LINE OF SAID LOT 1-R-B; THENCE, S 71°33'43" E, A DISTANCE OF 244.87 FEET TO A 2" STEEL BEAM FOUND FOR THE NORTHEAST CORNER OF SAID 2.246 ACRE TRACT, ALSO BEING A POINT IN THE WEST LINE OF SAID LOT 4, FROM WHICH A 1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID LOT 1 BEARS N 23°49'17" E, A DISTANCE OF 200.05 FEET; THENCE, S 23-49'17" W, A DISTANCE OF 433.41 FEET TO THE POINT OF BEGINNING 'A', CONTAINING 2.246 ACRES OR 97,851 SQ. FEET OF LAND, MORE OR LESS. TRACT #2 BEING A 1.145 ACRE TRACT OF LAND SITUATED IN THE EDMUND LITTLE SURVEY, ABSTRACT NUMBER 954, TARRANT COUNTY, TEXAS AND BEING A PORTION OF LOT 1, BLOCK 1 OF THE GORBETT INDUSTRIAL ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS RECORDED IN VOLUME 388-23, PAGE 98 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS AND BEING ALL OF THAT TRACT OF LAND CONVEYED TO HERTEL GENERAL TIRE COMPANY IN VOLUME 3737, PAGE 625 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND IN THE SOUTH LINE OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY FOR THE NORTHEAST CORNER OF SAID 1.145 ACRE TRACT, ALSO BEING THE NORTHEAST CORNER OF SAID LOT 1 AND BEING THE NORTHWEST CORNER OF LOT 4, BLOCK 1 OF THE GORBETT INDUSTRIAL ADDITION RECORDED IN VOLUME 388-216, PAGE 4 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS. SAID 1/2" IRON ROD FOUND BEING FURTHER REFERRED TO AS POINT OF BEGINNING 'B', HAVING A TEXAS COORDINATE SYSTEM OF 1983,NORTH CENTRAL ZONE, U.S. SURVEY FOOT, GRID COORDINATE VALUE OF N:6972674.96,E: 2328278.48 FEET FOR REFERENCE; THENCE FROM SAID POINT OF BEGINNING 'B', S 23°49'17" W, A DISTANCE OF 200.05 FEET TO A 2" STEEL BEAM FOUND FOR THE SOUTHEAST CORNER OF SAID 1.145 ACRE TRACT, FROM WHICH A 1/2" IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 4 BEARS S 23°49'17" W, A DISTANCE OF 433.41 FEET; THENCE,N 71°33'43" W,A DISTANCE OF 244.87 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 6870" SET FOR THE SOUTHWEST CORNER OF SAID 1.145 ACRE TRACT,ALSO BEING A POINT IN THE EAST LINE OF LOT 1-R-B, BLOCK 1 OF THE GORBETT INDUSTRIAL ADDITION AS RECORDED IN VOLUME 388-109, PAGE 102 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE,N 18°56'54" E, A DISTANCE OF 194.18 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID 1.145 ACRE TRACT, ALSO BEING THE NORTHEAST CORNER OF LOT 1-R-A OF THE GORBETT INDUSTRIAL ADDITION AS RECORDED IN VOLUME 388-109, PAGE 102 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS AND BEING A POINT IN THE SOUTH LINE OF SAID UNION PACIFIC RAILROAD RIGHT-OF-WAY; THENCE, WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 1333.40 FEET,ARC LENGTH OF 42.36 FEET, CENTRAL ANGLE OF O1-49-12", CHORD BEARING OF S 73025'07" E AND A CHORD DISTANCE OF 42.36 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED "RPLS 6870" SET FOR CORNER; THENCE, S 72°30'31" E,A DISTANCE OF 219.60 FEET TO THE POINT OF BEGINNING 'B', CONTAINING 1.145 ACRES OR 49,886 SQ. FEET OF LAND, MORE OR LESS. 2201 Brennan Avenue, MUNICIPAL SETTING DESIGNATION MSD 033 BIP Brennan Property z � o � Q � � Co U ¢of _ = w DEWEY 29TH � o -� 29TH = UJ cU) v z z or z i � LO'RAINE LORAINE � z v 2 n t— = z' z OUJ cn __ -------- 28TH -------28TH -- ----- m----------- , ------ 28TH =� cv --- -z SALISBURY z m i o zo _ o mom = Z IRION w z I � o WARWICK o = ICn O J Z o o�� w = I moz DUNDEE z r rn OXFORD m Z cNFSTFR � WA7AUGA w gR�NNgN o� i\o _ � X -;o, MORN\N 2 �o �yG GcP 0 0.4 iles zo %. J� - Municipal Setting Designation = 2 cn Q Council Districts SITE MAP —{--+— Railroads Major Highways and Streets City of Fort Worth s�OF FORT WORTH® g \NHIRLYBIRD Base Map: CITY OF FORT WORTH GIS Betsy Y I November 2023 1 Map Source:X:\ENVIRONMENTAL\Administration\GIS\LandQuality\MunicipalSettingDesignation\MSD 2201 Brennan 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 bv: Valerie Washington 6199 Originating_Business Unit Head: Cody Whittenburg 5455 Additional Information Contact: Wyndie Turpen 6982 Nixalis Benitez 8570 City of Fort Worth,Texas Mayor and Council Communication DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0086 LOG NAME: 22MSD-033 BIP BRENNAN PROPERTY SUBJECT (CD 2) Conduct Public Hearing and Adopt Resolution Supporting the Application of BIP Brennan Property LLC for a Municipal Setting Designation for the Property Located at 2201 Brennan Avenue, Fort Worth,Texas, 76106 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: Dan Miracle;b. Public Comment;c.Council Action:Close 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 BIP Brennan Property LLC for approval of a Municipal Setting Designation for the property located at 2201 Brennan Avenue,an approximately 3.39-acre tract of land located in the Edmund Little Survey,Abstract Number 954,Tarrant County,Texas and being a portion of Lot 1,Block 1 of the Gorbett Industrial Addition,an addition to the City of Fort Worth,Tarrant County,Texas; 2. Adopt the attached resolution supporting BIP Brennan Property 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 November 9,2023, BIP Brennan Property LLC filed an application with the City seeking support of a Municipal Setting Designation (MSD)for property located at 2201 Brennan Avenue, Fort Worth,Texas 76106. Staff from the FWLab and the Transportation and Public Works, Development Services,Water, and Environmental Services Departments were given the application to review.Notice was issued,as required by ordinance,and a public meeting was held at the Northside Community Center, located at 1100 NW 18th Street,on Tuesday, December 19,2023. No comments or concerns were received. The groundwater that is sought to be restricted is shallow, perched,discontinuous groundwater that occurs at depths of approximately eleven (11) to nineteen (19)feet below the ground surface.The affected shallow groundwater is underlain by the Fort Worth Limestone and Duck Creek Formation undivided.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 are chlorinated volatile organic compounds, benzene, and total petroleum hydrocarbons.The chemical of concern impacts are attributed to historic bulk oil storage and 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 an MSD.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 331d 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.