HomeMy WebLinkAboutResolution 4540-11-2015 A Resolution
No. 4540-11-2015
IN SUPPORT OF THE APPLI I CATION OF LENNOXINDUSTRIES, INC.
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MIJNI.CIPAL
SETTING DESIGNATION FOR 4900 AIRPORT FREEWAY, FORT WORTH,TEXAS
WHEREAS, Lennox Industries, .Inc. (Applicant) has filed an application for support of a
resolution seeking as Municipal Setting Designation for the site known as 4900 Airport Freeway, Fort
Worth, 'I'exas, the metes and bounds description being attached hereto as Exhibit"A." (Site), and map of
same being attached hereu as Fxhibit "B" (Site Ma:p 11
to the Texas Corrunission on E�ivironmental
Quality; and
WHEREAS, as public meeting on the application for supp ►rt was held in.Fort Worth on October
27, 2015, and a public hearing was held in Fort Worth. November 10, 2015, and the affected corninunity
was duly notified. of'same and allowed the olVortunity to comment; and
WHEREAS, an approved public drinking water supply system exists that SLIf)plies or is capable
of supplying drinking water to the Site and to locations within.one-half mile of the Site; and
WHERE AS, Applicant has filed documentation with.the (,,,ii-y stating that conlaminants 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 1,1-dichloroethene, cis
1,2-dichloroethene, tear achloroe then e, 1,1,2-trichloroethane,trichloroethene, and vinyl chloride; and
WHEREAS, Applicant has 11irther filed docunientation with the city stating that this
conlarnination 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,
prollibit the use of designated. groundwater beneatfi.the Site for potable purposes as well as for irrigation,
and
WHEREAS, upon passage ofthis sul-)porting resolution by the City Counci I, Applicant intends
to file ail application with the Texas ('I'ontmission on Environmental Quality for certification of a
Municii.lal Setting Designation for the Site pursuant tol'exas Health and Safety Code, Chapter 361,
Subchapter W; and
WHEREAS, Applicant has continuing obligations to satisfy applicable statutory and regulatory
provisions conceming groundwater contairtination investigation and response actions at the Site; and
WHLRI-C,AS, the certification of a Mwiicipal Setting Designation for the Site is in.the best
interests of the conununfly.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFT E
CITY OF FOR WORTH, TEXAS:
That the City of Fort Worth City Council. supports Applicatit's request to the Texas Commission
on Environinental. (duality for a Municipal Setting 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 grot,indwater 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 November, 2015.
AT"i"EST:
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Mary ayser, City Secretary
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EXHIBIT A
Lots 1 and 2, Block I
Lennox Industries Addition
An Addition to the City of Fort Worth, Tarrant County, TX
BEING all of Lot I and Lot 2, Block 1, Lennox Industries Addition, an addition to the City of Fort
Worth, Tarrant County, Texas as shown on plat recorded in Volurne 388-1 15, Page 68, Plat Records,
Tarrant County, Texas and conveyed to 4900 Airport Freeway, Ltd, a Texas 1,imited Partnership by
instrument recorded in Volume 1 1871, Page 472, Deed Records, Tarrant County, 'Fexas and being more
particularly described as follows:
BEGINNING at a 5/8-inch. iron rod set in the West line of the Haltom Road right-of-way (a variable
width public riglit-of-way), for the Northeast comer of said Block I and the Southeast comer of Lot 1-. .,
Block 2, Mamie Enos Addition, an addition to the City of Fort Worth, Tarrant County, Texas as shown
on plat recorded in Volume 388-K, Page 359, Deed Records, Jarrant County, Texas;
THENCE S 00023'54" E (call S 00"2541" E), with the East line of said Lot 1 and the West line of said
Haltom Road right-ollway, a distance of 113.82 feet (call 113.58 feet) to a 5/8-inch iron rod set for the
Northeast comer of the Etsie Street right-of-way (a, 50-foot public right ofway) for the East most
Southeast comer of said Block. 1;
THENCE S 82054'58" W (call S 82'43'45" W), with the North line of said Etsie Street right-of-way and
the North most South line of said Block 1, a distance of 141.36 feet (call 141.02 feet) to a 5/8-inch iron
rod set for the Northwest comer of said Etsie Street right-of way;
THENCE S 00002'16" W (call S 00"06'07" E), with the West most East line of said Block. I and the
West line of said Etsie Street ri.ght-of-way, a distance of 50.72 feet (call 50.33 feet) to a 5/8-inch iron
rod set forte Southwest comer of said Etsie Street right-of-way;
,THENCE N 82052'08" E (call N 82043'45" E), with the South. line of said Etsie Street right-of-way, a
distance of 1.60 feet to a 5/8-inch iron rod found for the North",,est comer of Lot 8, Block 2, Baker-
Thoinasson. Addition, an addition to the City of Fort Worth, 'Tarrant Comity, Texas as shown on plat
recorded in Volume 388-L, Page 56, Plat Records, Tarrant C/o unty, Texas
;
THENCE S 00`02'16" W (call S 00006'07" E), with the common line of said Block I and said Lot 8 and
Lot 9, said Block 2, said Baker-Thomason Addition, a distance of 164.99 feet (call 165.92 feet) to a 5/8-
inch iron rod found in the Northwesterly line of the 'rrinily Railway Express right-of-way as conveyed
to the City of Fort Worth and the City of Dallas by instrunient recorded in Volume 7726, Page 1848,
Deed Records, Tarrant County, '"Vexas, for the South most Southeast comer of said Block. I and the
Southwest comer of said Lot 9;
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THENCE S 62"35'53" W, with the common line of said Block I and said Trinity Railway Express
right-cal:`=
"THENCE FAST, continuing with the cornnion line of said Block I and said State Highway 121 riglit-
of-way, a distance of 6.27 feet to a 5/ -inch iron rod set;
THENCE NORTH, continuing with the common line of said Iflock. I and said State Highway 121 right-
of-way, a distance of 3.62 .feet to a 5/8 incti iron rod set-,
THENCE N 5905232" E (call N 59'51'03" E), continuing with the Common line of said Block I and
said State highway ighway 121 right-of" way, a distance of 246.22 feet to a railroad spike found;
THENCE .N 89049'57Po" E, continuing with the cornnion line of'said Block I and said State highway 121
rinit-of-way, a distance of 10.00 feet to a 5/8 iron rod set in the South line of the Wheeler Street right.-
of-way (a 50-foot public, ri.ght-of-way), for the North. most Northeast comer of said Block I and the
Northwest comer of Lot 12, Block 2, Mamie Enos Addition, an addition to the City of Fort, Worth,
Tarrant, County, Texas as shown on plat recorded in Volume 1935, I)a ge 505, Deed Records, Tarrant
County, Texas;
THENCE S 009510" E (call S 00'16'57" E), departing the South line of said Wheeler Street right of-
way, with the common line of said Block I and said Lot 12, a distance of 127.60 feet to a 5/8-inch iron
rod set for a re-entrarit comer of said Block I and the Southwest comer of said Lot 12;
THENCE N 89051'44" E (call N 89'4957" E) with the COMMOn line of said Block I and
said Block. 2, a distance of' 1,105.27 feet to the POINT OF BEGINNING and containing
24.700 acres of land,,, more or less.
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EXHIBIT
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Lennox Municipal Setting D rl l tion �, opo r d i.. i�in o MSD
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/17/2015 - Ordinance No. 21974-11-2015 & Resolution
No. 4540-11-2015
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DATE: Tuesday, November 17, 2015 REFERENCE NO.: G-16611
LOG NAME: 23MSD 4900 AIRPORT FREEWAY
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Supporting the Application of l„_sinnox: Industries, Inc., for a
Municipal Setting Designation forte Property Located at 4900 airport Freeway, 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 )
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of Lennox Industries, Inc.„ for approval of Municipall
Setting Designation for the property located at 4900 Airport Freeway„ Fort Worth "'rex s, a 24.7 acre tract
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
Enviroinmental Quality,for a Municipal Setting Designation for the site; an
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site.
DISCUSSION:
On September 159 2015, Lennox Industries„ Inc.., filed an application with the City seeking support of a
Municipal Setting Designation (MSD) for a 24.7 acre site located at 4900 Airport Freeway, Fort Worth,
Texas. The site is currently zoned -Leavy indust.rial.,
Staff from the Planning and Development Transportation and Public Works, Code Compliance 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 Riverside
Community Center on October 27, 2015.
The groundwater that is sought to be restricted is shallow, perched groundwater that occurs at depth down
to about 20 feet and is underlain by a confining layer of approximately 300 feet in thickness. The affects
shallow groundwater is not a designated, recognized major or minor aquifer. The chemicals of concern
detected in the designated groundwater include 1,1-dichloroethene, cis-1,2..d'id'ichloroethene,
tetracNoroethene, 1,1,2-tricNoroethane, trichloroethene and vinyl chloride.
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties within the City of Fort Worth city limits within half a mile of the MSD
boundary All undeveloped properties (within City limits) within half a mile of the site r eligible to receive
ll..,oguia:r o: 231' SD 4900 AIRPORT F I l::ie . :Y Page t of 2
water service from the Fort Worth Water Department, in accordance with the Texas Water Service
Certificate of Convenience and Necessity (CCN) No. 12311 and City policy for the installation of
community services.
In 2003, a state is became effective creating the concept of a MS D. The purpose of a MSD 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 ordinance. A person, typically a developer, must apply to the TCEQ for certification of their
property as a MSD. If granted, they will not be required to clean 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 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 (potable water is water
used for irrigating crops intended for human consumption, dririking, showering, bathing or cooking
purposes),
In January 2005, the City Council adopted an ordinance creating a procedure for persons applying tot
TCEQ for a MSD to get support of that application from the City Council. The procedure includes filing an
application with the City, Staff review oft e application for potential impacts to City interests, a public
meeting held fort e purpose of providing information on the application to the affected community and a
public hearing.
The site is located in COUNCIL DISTRICT 4, Mapsco 64P.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND IDENTIElgRaff!9s1:
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CERTIFICATIONS:
Submitted for Fernando Costa (6122)
QrWjjqg#MPgpgrtment Head: Brandon Bennett (6345)
Additional Information Contact: Clarence Reed (6107)
1.,ognam.e: 2 3MSD 4900 ATRPOI T FREEWAY Pa of 2