HomeMy WebLinkAboutItem 10 - Elliott's Hardware AdditionPublic Hearing - Municiapl Setting Designation for
Lot 1, Block 1, Elliott's Hardware Addition
The MSD process is a State of Texas initiative and is managed by the TCEQ. City
approval in the form of a groundwater restrictive ordinance and resolution is required by
TCEQ to consider the MSD application. TCEQ requires mitigation of all hazards
associated with the specific contamination with the exception of potable groundwater.
Environmental interests are protected by the TCEQ.
The MSD rule is an excellent tool for development/redevelopment of properties where
groundwater contamination exists and the community where the site is located does not
utilize groundwater for potable purposes.
JSL
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0:\agenda\2006\6-6-06\NCTCOG Resolution Memo
June 13, 2006 (4:39PM)
CITY OF
INTEROFFICE , r
June 1, 11•
TO: File — Environmental Services — MSD - Northwest Highway West 108
THRU: Matt Singleton — Director of Public Works — Public Works Department
FROM: Nathan Joe Loftice — Environmental Manager
Public Works Environmental Services Division
SUBJECT: Council Brief of MSD Application
Northwest Highway West 108 — Former Elliot's Hardware
Bank of the West
On April 18, 2006 I received a Municipal Setting Designation (MSD) for the above -referenced property.
Bank of the West, the applicant, has planned to redevelop the property into their headquarters. MSD is a
process created by the State of Texas to allow property owners to alter cleanup criteria for polluted
property. This specific property is contaminated with gasoline. The suspected source is historical land
uses from former on-site and off-site gas stations. Upon receiving the application, an initial review was
done to evaluate whether the application was complete. This initial cursory review was limited to
documentation contained in the MSD application. An environmental risk assessment of the application
was not conducted. Ordinance No. 2005-79 was used as a guide in conducting the review. I determined
the MSD Application for the above -referenced property to be COMPLETE.
A copy of the application was forwarded to Scott Williams with the Development Services Department,
via Interoffice Memorandum, in accordance with Ordinance 2005-79 Section 25-204(a). Development
Services responded via e-mail indicating they had no concerns.
The Public Involvement Process was initiated on May 15, 2006. The City of Grapevine mailed notices to
real property owners within one-half mile of the site and the Applicant. The Applicant was responsible
for serving notice to owners of private registered water wells and retail public utilities that own or
operate groundwater supply wells within five miles of the subject property. In addition, the Applicant
was responsible for notifying each municipality with a boundary located not more than one-half mile
from the property for which the MSD is sought or that owns or operates a groundwater supply well
located not more than five miles from the property for which the MSD is sought. Copies of the
application were made available to the public at the City of Grapevine Public Library. The City Secretary
posted the Notice and a sign was erected on the property.
In response to the Public Notice, as of June 1, 2006, seven (7) inquiries had been received. The majority
of the inquiries were associated with the MSD notification process and determination. The majority of
callers wanted to know "Why" they were notified and what their requirements were for providing formal
notification. In addition, according to Applicant's legal counsel as of May 30, 2006, the Applicant had
received thirteen (13) inquiries. The majority of the inquiries received by the Applicant were for more
information. More specific details on the inquiries received can be provided upon request.
On Wednesday May 31, 2006 the City of Grapevine hosted a Public Meeting regarding the proposed
MSD. Representatives from Bank of the West presented the proposed project, explained the MSD
process, disclosed environmental issues associated with the property, and provided the opportunity for
public comment. The meeting was tape-recorded and a copy of the tape is accessible at the Library.
Nineteen (19) people signed the Sign -In Sheet for the meeting, of these 19, twelve (12) were representing
Bank of the West and/or the City of Grapevine. The only comment received from the audience during the
meeting was, "Is this the first MSD in the City of Grapevine?" The attendee's broke up into smaller
groups and looked at the exhibits displayed by the applicant and asked general type questions. The
consensus was that the proposed project was going to benefit Grapevine, improve the surrounding area
and that the MSD was appropriate for the site.