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HomeMy WebLinkAboutResolution 59*69-06-2024A Resolution NO.5969-06-2024 IN SUPPORT OF THE APPLICATION OF FORT WORTH GEAR & AXLE TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING LOCATED AT: 3409, 3412, 3413, and 3417 KELLI COURT, FORT WORTH, TEXAS WHEREAS, the Kelli Court, LLC (Applicant) has filed an application for support of a resolution seeking a Municipal Setting Designation for the site known as Fort Worth Gear and Axle located at 3409, 3412, 3413, and 3417 Kelli Court (Fort Worth Gear and Axle), 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 21, 2024, and a public hearing was held in Fort Worth on June 11, 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 11 th day of June 2024. ATTEST: B y : U ---- — — Jannette S. GoodaIl, City Secretary 41:4r,„ EXHIBIT A SITE FORT WORTH GEAR & AXLE PROPERTY 3409, 3412, 3413, AND 3417 KELLI COURT FORT WORTH, TEXAS LOT #3 Legal Description for Lot 3, Block 1-R, Diamond Heights Industrial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 388-42, Page 59-A, Plat Records, Tarrant County, Texas. BEGINNING at a 1/2 inch capped iron rod inscribed "Barron Stark" set at the northeast corner of Lot 1, Block I-R Diamond Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant County, Texas. THENCE SOUTH 52009'44" WEST, a distance of 309.50 to a 1/2 inch capped iron rod inscribed "Barron Stark" set at the northwest corner of Lot 2, Block 1-R Diamond Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant County, Texas; THENCE NORTH 00059'16" WEST, a distance of 251.50 feet to a I/2 inch capped iron rod inscribed 'Barron Stark" set at the southwest corner of Lot 4, Block I-R Diamond Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant County, Texas; THENCE NORTH 83031'44" EAST, a distance of 211.57 feet to a 1/2 inch capped iron rod inscribed "Barron Stark" set at the southeast corner of said Lot 4 same being the beginning of a curve to the Ieft (concave northeasterly) having a radius of 163.89 feet; CONTINUING along the arc of said curve to the left an are Iength of 82.11 feet, passing through a central angle of 28°42'26" (having a chord bearing of SOUTH 22°08'38" EAST, a chord distance of 81.26 feet) to a set I/2 inch capped iron rod inscribed "Barron Stark'; THENCE SOUTH 37050'16" EAST, passing a found 1/2 inch iron rod at a distance of 10.95 feet in all a distance of 12.90 feet returning to the POINT OF BEGINNING and enclosing 0.92 Acres (40,165 Square Feet) more or Iess. LOT #4 Legal Description for Lot 4, Block 1-R, Diamond Heights Industrial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to t e plat recorded in Volume 388-42, Page 59-A, Plat Records, Tarrant County, Texas. BEGINNING at a 1/2 inch capped iron rod inscribed "Barron Stark" set at the northeast corner of Lot 3, BIock 1-R Diamond Heights Industrial Addition s recorded in Volume 388-42, Page 59 Plat Records, Tarrant County, Texas. THENCE SOUTH 83031 '44" WEST, a distance of 211.57 to a I/2 inch capped iron rod inscribed "Barron Stark" set at the northwest corner of Lot 3, Bio k I-R Diamond Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant County, Texas; THENCE NORTH 00"59'16" WEST, a distance of 134.60 feet to a 1/2 inch capped iron rod inscribed "Barron Stark" set at the southwest corner of Lot 5, Block 1-R Diamond Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant County, Texas; THENCE NORTH 89000'44" EAST, a distance of 181.69 feet to a 1/2 inch capped iron rod inscribed "Barron Stark" set at the southeast corner of said L t 5 same being the beginning of a curve to the left (concave northeasterly) having a radius of 59.86 feet; THENCE with the west right-of-way line of Kelly Court (a 60' public right of way) the following calls: CONTINUING along the arc of said curve to the left an arc length of 36.84 feet, passing through a central angle of 35°I5'49" (having a chord bearing of SOUTH 18°00'59" EAST, a chord distance of 36.26 feet) to a set 1/2 inch capped iron rod inscribed "Barron Stark" same being the beginning of a reverse curve to the right (concave southwesterly) having a radius of 77.80 feet; CONTINUING along the are of said curve to the right a arc length of 54.62 feet, passing through a central angle of 40°13'22" (having a chord bearing of SOUTH 19°55'26" EAST, a chord distance of 53.50 feet) to a set 1/2 inch capped iron rod inscribed "Barron Stark"; SOUTH 00' 13'05" EAST, a distance of 13.50 feet to a 1 /2 inch capped iron rod inscribed "Barron Stark" set at the beginning of a curve to the left (concave easterly) having a radius of 205.35 feet; CONTINUING along the are of said curve to the left an are length of 15.65 feet, passing through a central angle of 4°21'57" (having a chord bearing of SOUTH 05°03' 17" EAST, a chord distance of 15.64 feet) returning to the POINT OF BEGINNING and enclosing 0.57 Acres (24,991 Square Feet) more or less. LOT #5-R Legal Description for 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 Volume 388- 42, Page 59-A, Plat Records, Tarrant County, Texas. BEGINNING at a 1/2 inch capped iron rod inscribed "Barron Stark" set at the northeast corner of Lot 4, Block 1-R Diamond Heights Industrial Addition as recorded in Volume 388-42, Page 59 PIat Records, Tarrant County, Texas; THENCE SOUTH 89000'44" WEST, a distance of 181.69 feet to a 1/2 inch capped iron rod inscribed "Barron Stark" set at the northwest corner of Lot 4, Block 1-R Diamond Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant County, Texas; THENCE NORTH 00059'16" WEST, a distance of 177.71 feet to a 1/2 inch capped iron rod inscribed "Barron Stark" set at the southwest corner of the tract described in the deed to Fort Worth Transportation Authority as recorded under instrument number 0216268818 Official Public Records, Tarrant County, Texas; THENCE NORTH 6 903 5'0 1 " EAST, a distance of 255.94 feet to a set I/2 inch capped iron rod inscribed "Barron Stark'; THENCE SOUTH 0005916" EAST, with the west line of Lot 6-A, Block 1-R Diamond Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant County, Texas a distance of 203.58 feet to a 1/2 inch capped iron rod inscribed "Barron Stark" set at the southwest corner of the said Lot 6-A same being the beginning of a curve to the left (concave southeasterly) having a radius of 60.00 feet; CONTINUING along said are to the left with the west right-of-way line of Kelly Court (a 60' public right of way) an arc length of 93.19 feet, passing through a central angle of 88°59'16" {having a chord bearing of SOUTH 44°12'35" WEST, a chord distance of 84.10 feet) returning to the POINT OF BEGINNING and enclosing 1.16 Acres (50,403 Square Feet) more or less. LOT 96-A Legal Description for Lot 6-A, Block 1-R, Diamond Heights Industrial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 388- 178, Page 36, Plat Records, Tarrant County, Texas. BEGINNING at a 1/2 inch capped iron rod inscribed "Barron Stark" set at the southwest corner of Lot 6-A, Block 1-R Diamond Heights Industrial Addition as recorded in Volume 388-42, Page 59 Plat Records, Tarrant County, Texas. THENCE North 000 59' 16" West a distance of 206.42 feet to a 1/2 inch capped iron rod inscribed "Barron Stark" set for the northwest corner of Lot 6-A; THENCE South 77° 0 F 16" East a distance of 4.94 feet; THENCE South 72' 58' 16" East a distance of 50.00 feet; THENCE South 68" 46' 16" East a distance of 50.00 feet; THENCE South 64' 52' 16" East a distance of 50.00 feet; THENCE South 600 42' 16" East a distance of'50.00 feet; THENCE South 56' 21' 16" East a distance of 41.30 feet; THENCE South 50' 10' 16" East a distance of 50.00 feet; THENCE South 45' 49' 16" East a distance of 8.03 feet to a 1/2 inch capped iron rod inscribed "Barron Stark" set for the northeast corner of Lot 6-A; THENCE South 53' 09' 00" West a distance of 268.54 feet to a 1/2" iron rod found with cap stamped "CBG SURVEYING" for the most southerly 1 corner of Lot 6-A, said point lying in a curve, concave to the southwest, having a radius of 58.70 feet, and a long chord which bears North 26' 58' 03" West a distance of 106.27 feet; THENCE Northerly along said curve a distance of 132.89 feet returning to the POINT OF BEGINNING and enclosing 0.97 Acres (42,443 Square Feet) more or less. EXHIBIT B MAP 34119, 3412, 3413, and 3417 Kelli Court MUNICIPAL SETTING DESIGNATION MSD 034 Fort Worth Gear and Axle 1 f 2 'Wt1 Railroads - Mumvpai semng Desigraton SITE MAP OCouncil fDistrcts . -- Major Highways a" Streets C ray of Fort Worm. I FaR. �r� HH Bass Map -C rY OF =ORT WORTH Gi5 I7ocunwrit lRain L034 KELLI CO JRTmxd City of Fort Worth, Texas Mayor and Council Communication DATE: 06/11/24 M&C FILE NUMBER: M&C 24-0503 LOG NAME: 22MSD-034 KELL] COURT, LLC SUBJECT (CD 2) Conduct Public Hearing, Adopt Resolution Supporting the Application of Kell! Court, LLC for a Municipal Setting Designation for Property Located at 3409, 3412, 3413, and 3417 Kell! Court, 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: Daniel Miracle; b. Public Comment; c. Council Action: Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow the public the opportunity to give testimony on the application of Kelli Court, LLC for approval of a Municipal Setting Designation for property located at 3409, 3412, 3413, and 3417 Kelli Court, an approximately 3.62-acre tract of land located in the Diamond Heights Industrial Addition, an addition to the City of Fort Worth, Tarrant County, Texas; 2. Adopt the attached resolution supporting Kelli Court, LLC's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation for the Fort Worth Gear and Axle Property; and 3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the site. DISCUSSION: On April 15, 2024, Kelli Court, LLC filed an application with the City seeking support for a Municipal Setting Designation (MSD) for the property located at 3409, 3412, 3413, and 3417 Kelli Court, Fort Worth, Texas 76106. Staff from the FWLab, Transportation and Public Works, Development Services, Water, and Environmental Services Departments were provided the application to review. By ordinance, notice was issued, and staff conducted a public meeting held at the Diamond Hill Community Center, 1700 NE 37th St., on Tuesday, May 21, 2024. 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 seven (7) to nine (9) feet below the ground surface. The Fort Worth Limestone and Duck Creek Formations underlie the affected shallow groundwater. The Fort Worth Limestone consists of limestone and clay with a thickness that is 25 to 35 feet; the Duck Creek Formation consists of limestone with a thickness that is 30 to 100 feet. Formations serve 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. The chemicals of concern are attributed to historical land use related to automotive parts manufacturing and auto servicing activities on the subject property. The Fort Worth Water Department provides water service to all existing residential and commercialfindustdal 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 2003, state law created 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, cooking, or irrigating crops intended for human consumption. A person, typically a developer, must apply to TCEQ to designate impacted property as an MSD. If granted, the developer will not be required to clean up designated groundwater within the MSD to drinking water standards. However, other cleanup standards such as inhalation and contact must still be met. The TCEQ requires that the municipality where the site is located provide a resolution that supports any application and pass an ordinance prohibiting potable use of groundwater at the subject property. In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to the TCEQ for an MSD which includes filing an application with the City. This MSD application is the 34th within Fort Worth city limits. Approval of this MSD application by the TCEQ 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 historically contaminated groundwater. The location is in COUNCIL DISTRICT 2. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL_ INFORMATION I 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: Cody Whittenburg 5455 Additional Information Contact: Wyndie Turpen 6982 Nixalis Benitez 8570