HomeMy WebLinkAboutResolution 4274-12-2013 A Resolution
IN SUPPORT OF THE APPLICATION OF WS STORAGE LP
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL
SETTING DESIGNATION FOR 2721 WHITE SETTLEMENT, FORT WORTH, TEXAS
NO. 4274-12-2013
WHEREAS, WS Storage LP (Applicant) has filed an application for support of a resolution
seeking a Municipal Setting Designation for the site known as 2721 White Settlement, Fort Worth,
Texas, the metes and bounds description being attached hereto as Exhibit "A" (Site), and map of same
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being attached hereto as Exhibit "B" (Site Map), to the"Texas Commission on Environmental Quality;
and
WHEREAS, a public Meeting on the application for support was held in Fort Worth on
December 3, 2013, and a public hearing was held in Fort Worth on December 17, 2013, 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 contaminant,-, identified
within the designated groundwater, associated with historical uses of the Site, that have been detected in
concentrations exceeding residential assessment levels for potable use include tetrachloroethylene and
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.
RTWOR
Resol Litiori No. 4274-12-20 13
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 Sert]ng Designation of the Site described in Exhibit A and B.
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 17`h day of December, 2013.
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Resolution No. 4274-12-201
EXHIBIT A
TRACT I
Being a 0.98 acre tract of land situated In the Richard Crowley Survey, Abstract Number 1636 and the
William BUSSell Survey, Abstract Number 151, located In the City of Foil Worth, TaiTant County,
Texas, being all of Lots 3,4,5,13,14, and 15, Block 2, Wiesenberger Addition, on addition to the City of
Fort Worth, recorded In Volume 388-1 A, Page 120, Plat Records of Tarrant County, Texas
(P.R.T.C.T.), said 098 acre tract being more particularly described as follows;
BEGINNING at a point at the northwest corner of said Lot 3, Block 2, and on the South right-of-way
line of White Settlement Rood (70 feet wide)-,
THENCE North 89 degrees 30 minutes East, with the said south right-of-way line of White Settlement
Road, a distance of 150 feet to a point for corner at the northeast comer of said Lot 5, Block 2;
THENCE South 00 degrees 30 minutes East, with the east line of said Lot 5, Block 2, passing at of
distance of 142 feet the southeast comer of said Lot 5, Block 2 and the northeast corner of said Lot 15,
Block 2, continuing with the east line of said Lot 15, Block 2, a total distance of 284 feet to a point for
comer at the southeast comer of said Lot 15, Block 2 and on the north right-of-way line of Whitmore
Street (60 feet wide);
THENCE South 89 degrees 30 minutes West with the said north right-of-way line of Whitmore Street,
a distance of 150 feet to a point for corner at the southwest comer of said Lot 13, Block 2;
THENCE North 00 degrees 30 minutes West, with the west line of said Lot 13, Block 2, passing at a
distance of 142 feet the northwest comer of said Lot 13, Block 2 and the southwest comer of said Lot 3,
Block 2, continuing with the west line of said Lot 3, Block 2, a total distance of 284 feet to the POINT
OF BEGINNING and containing 0.98 acres, or 42,600 square feet of land, more or less.
TRACT 2
Being a 1.14 acre tract of land situated in the Richard Crowley Survey, Abstract Number 1636 and the
William Bussefl Survey, Abstract Number 151, located in the City of Fort Worth, 'T'arrant County,
Texas, being all of Lots 3,4,5,6,7,15 and 16, Block 7, Wiesenberger Addition, an addition to the City of
Fort Worth, recorded in Volume 388-1 A, Page 120, Plat Records of Tarrant County, Texas (P.R.T.C.T.),
said 1.14 acre tract being more particularly described as follows;
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BEGINNING at a point at the northwest corner of said Lot 3, Block 7, and on the south right-of-way
line of Whitmore Road (60 feet wide);
THENCE North 89 degrees 30 minutes East, with the said south right-of-way line of Whitmore Road, a
distance of 250 feet to a point for comer at the northeast comer of said Lot 7, Block 7;
THENCE South 00 degrees 30 minutes East, with the east line of said Lot 7, Block 7, a distance of 142
feet to a point for comer at the southeast comer of said Lot 7, Block 7;
THENCE South 89 degrees 30 minutes West, with the South line of said Lot 7, Block 7, a distance of
50 feet to a point for comer at the common corner of said Lot 6, 7, and 16, Block 7;
RTWORT
Resolution Na. 427 -f2-201.
MEACE South 00 degrees 30 minutes East, with the east line of said Lot 16, Block 7, a distance of
142 feet to a point for corner at the southeast corner of said Lot 16, Block 7 and on the north right-of-
way line of Wiesenberger Street (60 feet wide);
THENCE South 89 degrees 30 minutes West with the said north right-of-way line of'Wiesenberger
Street, a distance of 100 feet to a point for corner at the southwest corner of said Lot 1.5, Block 7;
I'HEINCF, North 00 degrees 30 minutes West, with the west line of said Lot 15, Block 7, a distance of
142 feet to a point for comer at the common comer of said Lot 4, 5, and 15, Block 7;
'MENCE South 89 degrees 30 minutes West, with the south line of said Lot 4, Block 7, passing at a
distance of`50 feet the Southwest comer of said Lot 4, Block 7 and the Southeast corner of said Lot 3,
Block 7, continuing with the South line of said Lot 3, Block 7, a total distance of' .]00 feet to a point for
comer at the Southwest comer of"said Lot 3, Block 7;
THENCE North 00 degrees 30 minutes West, with the west line of said I-lot 3, Block 7, a
distance of 1.42 feet to the POINT' OF BEGINNING and containi rig I . 14 acres, or 49,700
square feet of land, more or less.
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Resolution No, 4274-12-2013
EXHIBIT B
RTWORT
Resolution No, 4274-12-2013
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City of Fort Worth, Texas
Mayor and Council communication
COUNCIL ACTION: Approved on 12/17/2013 - Resolution No. 4274-12-2013 & Ordinance
No. 21074-12-2013
DATE: Tuesday, December 17, 2013 REFERENCE NO.: G-18098
LOG NAME: 20MSD 2721 WHITE SETTLEMENT
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Supporting the Application of WS Storage LP, for a Municipal
Setting Designation for the Property Comprised of Thirteen Lots Within the 2700 Block of White Settlement
Road, Whitmore Street, and Weisenberger 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 (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of WS Storage LP, for approval of a Municipal Setting
Designation for the property located at 2721 White Settlement Road, 2711 , 2717, 2720, 2721, 2724, 2725,
2728, and 2729 Whitmore Street, and 2716 and 2720 Weisenberger Street, Fort Worth Texas, a 2.12 acre
site more fully described in the metes and bounds description included with the attached resolution, to
allow the public the opportunity to give testimony;
2. Adopt the attached resolution supporting the Applicant'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 1, 2013, WS Storage LP, filed an application with the City seeking support of a Municipal
Setting Designation (MSD) for a 2.12 acre site located in the 2700 block of White Settlement Road,
Whitmore Street, and Weisenberger Street, Fort Worth, Texas. The site is currently zoned J-mixed
industrial and identified as General Commercial within the City's Comprehensive Plan. Future use is not
certain but most likely will be a commercial development. The establishment of an MSD does not affect
how the land can be developed or used in the future.
Staff from the Planning and Development, Transportation and Public Works, and Water departments
reviewed the application for potential impacts to City interests. No significant concerns were
identified. Notice was issued, as required by ordinance, and a public meeting was held at the Central
Library on December 3, 2013. Three representatives of the applicant and one City employee were
present and no other residents appeared for the meeting.
The groundwater that is sought to be restricted is shallow, perched groundwater that is underlain by a
confining layer of approximately 500 feet in thickness. The affected shallow groundwater is not a
designated, recognized major or minor aquifer. The chemicals of concern detected in the designated
Lognarrie: 20MSD 2721 WHITE SETTLEMENT Page 1 of 2
groundwater include bdr8ch|nroeUhy|ene and thchor0ethmne.
The Fort Worth Water Department provides water service tO all existing residential and
commercial/industrial properties within the City hnlitS of the City of Fort VVOrth, within half a nnUm of the
MSD boundary. All undeveloped properties (within the City limits of the City of Fort Worth) within half
mile of the site are eligible to n8o8iv8 water service from the Fort Worth Water Department, in accordance
with the Texas Water Service Certificate ofConvenience and Necessity (CCN) No. 12311 (City OfFort
Worth) and the City Of Fort Worth Policy for the Installation of Community Services.
In 2003. a state |8vv became effective creating the concept of MSO. The purpose of a M8O is to certify
properties in order to limit the scope of or eliminate the need for investigation of or response actions
addressing contaminant impacts to groundwater that has been restricted from use as potable water by
municipal O[diO8MCe. A p8rSOO. typically 8 d8V8|OpBr. nlUSt apply to the T(|EC) for certification of their
property as 8 K8SD. If granted, they will not be required to dean up designated groundwater on their site
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 TCEC) if the municipality where the site i5 located does
not give formal approval. That approval must be by r0e@nS of City Council resolution supporting the
application and an ordinance prohibiting potable use of groundwater in the K8SD (potable vv8t8r is water
used for irrigating crops intended for human oonsunnption, drinkinQ, shovvering, bathing orcooking
purposes).
In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to the
TCECl for aK88[) to get support of that application from the City Council. The procedure includes filing on
application with the City. Staff review of the application for potential iDlp8CtS to City interests, 8 public
meeting held for the purpose of providing information on the application to the affected community and o
public hearing.
The site io located iD COUNCIL DISTRICT 9. Mapoco52}(.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:TO Fund/Account/Centers FROM IF u nd/Accou nt/C enters
CERTIFICATIONS:Submitted for City Mangger's Office bjL.
Fernando Costa (6122)
Originating Department Head: Douglas VVWie[aiQ (7801)
Additional Information Contact: K8iohoe| GaDge (6569)