HomeMy WebLinkAboutResolution 5969-06-2024A Resolution
NO.5969-06-2024
IN SUPPORT OF THE APPLICATION OF
FORT WORTH GEAR & AXLE
TO THE TEXAS COMIVHSSION 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 111h day of June 2024.
ATTEST:
By:
Jannette S. Goodall, City Secretary
zi
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 112 inch capped iron rod inscribed "Barron Stark" set at the northeast corner
of Lot 1, Block 1-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 I-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 1I2 inch capped iron rod
inscribed "Barron Stark" set at the southwest 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 83031'44" EAST, a distance of 211.57 feet to a 112 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 left (concave northeasterly) having a radius of 163.89 feet;
CONTINUING along the arc of said curve to the left an are length of 82.11 feet, passing
through a central angle of 28°4226" (having a chord bearing of SOUTH 22108'38" EAST, a
chord distance of 81.26 feet) to a set 112 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 less.
LOT #4
Legal Description for Lot 4, BIock 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, Block I-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 1/2 inch capped iron rod
inscribed "Barron Stark" set at the northwest corner of Lot 3, Bio k 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 134.60 feet to a 1/2 inch capped iron rod
inscribed "Barron Stark" set at the southwest corner of Lot 5, Block I-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 are of said curve to the left an are length of 36.84 feet, passing
through a central angle of 35115'49" (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 arc of said curve to the right a are length of 54.62 feet, passing
through a central angle of 40°1 T22" (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 arc 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, PIat 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 Plat 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 I -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 6995T1" EAST, a distance of 255.94 feet to a set 1/2 inch capped iron rod
inscribed "Barron Stark';
THENCE SOUTH 00"59'16" 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 are 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 Iess.
LOT #6-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 00' 59' 16" West a distance of 206.42 feet to a 1l2 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 60' 42' 16" East a distance of 50.00 feet;
THENCE South 56' 2 F 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 112" 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
3409, 3412, 3413, and 3417 Kelli Court MUNICIPAL SETTING USIGNATION
MSD 034 Fort Worth Gear and Axle
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Document Pith- \OU KELLI COURT.mad
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 KELLI 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 Kelli 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 Kell! 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 Axie Property; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the site.
DISCUS ION:
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 undedle 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 commerciaUndustrial 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 developerwill 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 ! 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 byj Valerie Washington 6199
Originating Business Unit Head: Cody Whittenburg 5455
Additional Information Contact: WyndieTurpen 6982
Nixalis Benitez 8570