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HomeMy WebLinkAboutItem 08 - Hayley Addition MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER 1' MEETING DATE: MAY 1, 2012 SUBJECT: ORDINANCE AMENDING SECTION 25 OF THE CITY CODE OF ORDINANCES TO ADD SECTION 25 — 211 (c), MUNICIPAL SETTING DESIGNATION AND TO ESTABLISH RESTRICTIONS ON THE USE OF GROUNDWATER AT THE FOLLOWING LOTS IN GRAPEVINE, TEXAS. LOT 1R1, BLOCK 1; LOT 1 R2R1, BLOCK 1; LOT 1 R2R2, BLOCK 1; LOT 4, BLOCK 1; LOT 3R1, BLOCK 1; LOT 2R1, BLOCK 1; LOT 3R4, BLOCK 1; AND LOT 5RA, BLOCK 1 OF THE HAYLEY ADDITION RECOMMENDATION: City Council consider adopting an ordinance amending Section 25-211, Municipal Setting Designation, of the City Code of Ordinances to add the following: • " (c) Lot 1 R1, Block 1; Lot 1 R2R1, Block 1; Lot 1 R2R2, Block 1; Lot 4, Block 1; Lot 3R1, Block 1; Lot 2R1, Block 1; Lot 3R4, Block 1; and Lot 5RA, Block 1, Hayley Addition", and take any necessary action. BACKGROUND INFORMATION: Upon conclusion of the Public Hearing for the MSD application by Ball Street Joint Venture Towers of Grapevine for their site, Lot 1 R1, Block 1; Lot 1 R2R1, Block 1; Lot 1 R2R2, Block 1; Lot 4, Block 1; Lot 2R, Block 1; Lot 2R1, Block 1; Lot 3R4, Block 1; and Lot 5RA, Block 1, Hayley Addition, City Council must adopt an ordinance restricting the use of groundwater on the subject site for the MSD process to continue. Section 25 — 211 in the City Code of Ordinances restricts those sites listed under this subsection as required by Ordinance No. 2005-79 and by State Law. Staff recommends approval. JSLIds R:IAGENDA12012105-01-1212012-04-23 DRAFT INOB AGM MSD ORD-SECTION 25-211(c).doc April 24,2012(1:22PM) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING CHAPTER 25 UTILITIES AND SERVICES OF THE CITY OF GRAPEVINE CODE OF ORDINANCES, AS AMENDED, BY THE ADDITION OF SECTION 25-211(c); ESTABLISHING LOT 1R1, BLOCK 1; LOT 1R2R1, BLOCK 1; LOT 1R2R2, BLOCK 1; LOT 4, BLOCK 1; LOT 3R1, BLOCK 1; LOT 2R1, BLOCK 1; LOT 3R4, BLOCK 1; AND LOT 5RA, BLOCK 1, HAYLEY ADDITION OF THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS AS A MUNICIPAL SETTING DESIGNATION SITE; PROVIDING FOR THE PROHIBITION OF THE USE OF GROUNDWATER FOR POTABLE AND IRRIGATION PURPOSES FOR THE SITE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine adopted Ordinance No. 2005-79 on October 11, 2005 establishing processes, procedures and restrictions associated with a Municipal Setting Designation authorized under Chapter 361, Subchapter W of the Texas Health and Safety Code; and WHEREAS, Ball Street Joint Venture Towers of Grapevine (Applicant) has filed an application with the City of Grapevine for the City's approval of a Municipal Setting Designation (MSD) for Lot 1R1, Block 1; Lot 1 R2R1, Block 1; Lot 1 R2R2, Block 1; Lot 4, Block 1; Lot 3R1, Block 1; Lot 2R1, Block 1; Lot 3R4, Block 1; and Lot 5RA, Block 1, Hayley Addition, a 10.0156 acre site located at 1271, 1281, 1293, 1301, 1303, and 1401 William D. Tate Avenue and 800 and 900 West State Highway 114, Grapevine, Texas, more fully described in Exhibit "A" and Exhibit "B", attached hereto and incorporated herein in its entirety; and WHEREAS, upon passage of a supporting resolution by the City Council, Applicant intends to file a separate application with the Executive Director of the Texas Commission on Environmental Quality (TCEQ) for certification of an MSD 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 City Council of the City of Grapevine is of the opinion that it is in the best interest of the public and the City to support Applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation for the Site; and WHEREAS, in order for the TCEQ to certify the Site, the City must prohibit the potable use of groundwater from beneath the Site; and WHEREAS, a public drinking water supply system exists that supplies or is capable of supplying drinking water to the Site, and property within one-half mile of the Site; and WHEREAS, where public drinking water is available, the potable use of groundwater in designated areas should be prohibited to protect public health and welfare when the quality of the groundwater presents an actual or potential threat to human health; and WHEREAS, City Council has found that the passage of this Ordinance serves the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Chapter 25 Utilities and Services, Section 25-211 of the City of Grapevine Code of Ordinances, as amended, is hereby amended by the addition of the following: "(c) Lot 1R1, Block 1; Lot 1R2R1, Block ; Lot 1R2R2, Block 1; Lot 4, Block 1; Lot 3R1, Block 1; Lot 2R1, Block 1; Lot 3R4, Block 1; and Lot 5RA, Block 1, HayleyAddition" Section 3. That the designated groundwater beneath Lot 1R1, Block 1; Lot 1 R2R1, Block 1; Lot 1 R2R2, Block 1; Lot 4, Block 1; Lot 3R1, Block 1; Lot 2R1, Block 1; Lot 3R4, Block 1; and Lot 5RA, Block 1, Hayley Addition, City of Grapevine, Tarrant County, Texas is the shallow water table of the designated property. This shallow groundwater is in soils derived from the Eagle Ford Shale Formation which underlies the site. The designated groundwater zone is a layer of sand and sandy clay from approximately 8 feet below ground surface to the top of a sandstone bedrock unit encountered between 11 and 20 feet below ground surface. ORD. NO. 2 Section 4. That the following contaminants associated with the Site have been detected within the designated groundwater at concentrations exceeding residential assessment levels for potable use: • trichloroethylene (TCE) • Cis-1,2-Dichloroethylene (cis-1,2-DCE) • vinyl chloride. Section 5. That the use of the designated groundwater associated with Lot tR1, Block 1; Lot 1R2R1, Block 1; Lot 1R2R2, Block 1; Lot 4, Block 1; Lot 3R1, Block 1; Lot 2R1, Block 1; Lot 3R4, Block 1; and Lot 5RA, Block 1, Hayley Addition in the City of Grapevine, Tarrant County, Texas for potable and irrigation purposes is hereby prohibited. This prohibition is necessary because the contaminant concentrations exceed potable water standards. Section 6. That the City will provide advance written notice to the Texas Commission on Environmental Quality, as much as is practicable, prior to enacting an ordinance repealing or amending this section. Section 7. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Grapevine, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Section 8. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 9. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 10. That all rights and remedies of the City of Grapevine, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended in Section 1, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. ORD. NO. 3 Section 11. That this ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. Section 12. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 13. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance become effective form and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of May, 2012. APPROVED: ATTEST; APPROVED AS TO FORM: ORD. NO. 4 ooaGee'.uu�mwummmmau+wmww�rer�ww e�. ����a�o 000ma orwmu, wrvu�r�ar �,r. ua m�„w.o.iewwm�aim rvi * ,=srmwwr��:r-, 11 MUNICIPAL SETTING DESIGNATION A PORTION OF THE HAYLEY ADDITION * METES & BOUNDS DESCRIPTION * BEING a lot, tract or parcel of land located in the Heirs J. B. Fay Survey, Abstract No. 530 and the Heirs of Ambrose Foster Survey, Abtitroct No. 518, City of Grapevine, Tarrant County, Texas, and being all of Lot 1R-1, Block 1, Hayley Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to the plot filed for retard in .Cabinet A, Slide 753, Plot Records, Tarrant County, Texas (P.R.T.C.T.), and ail of Lots 1R2R-1 and 1R2R-2, Block 1, Hoyley Addition, filed for record in Cabinet A, Slide 1506, P.R.i.G_T., and ,311 of Late 2R--1 and 3R-1, Block 1, Hayley Addition, filed for record under the County Clerk's File No. D211154731, Official Pulic Records, Tarrant County, Texas (O.P.R.T.C.T.), and all of Lots 3R-3 and 3R-4; Block 1, Hoyley Addition, fated for record in Cabinet A, Sllde 246, P.R.T.C.T., and all of Lut 4, Block 1, Hayley :Addition, riled for record in Volume 388-212, Page 16, P.R.T.C.T., and all of Lot 5R-A, Block 1 Hoyley Addition, filed "for record in Cabinet A, Slide 754, P.R.T.C.T., and being more particularly described by metes and bounds as follows: DEGINNINO at an 'X" cut In concrete found at the northerly end of a corner clip located at the intersection of the northerly right-of-way line of State Highway No. 114 (a variable width right-of-way) ant, the southeasterly right-of-way line of William D. Tate Avenue (a variable width right-of-way); I THEENCE N25'50'05"E, along the southeasterly right-of-way lino of :Sid .*Iiam D. Tate Avenue, a distance of 189.81 feet, to a 5/8 inch iron rod found with a cop stamped "RPLS 5894"; THENCE N34'49'51"E, continuing along said southeasterly right-of-way line," at a distance of 220.13 feet, passing an "X" cut in coneretd found (Controlling Monument) at the most northerly northwest comer of the oforementioned Lot 3R-1, Block 1, and continuing in all a distance of 481.13 feet, to a 1/2 inch iron rod Found (Controlling Monument) at the most northerly corner of the aforesaid Hoyley Addition, and being the southwest corner of U.S. Postal Service Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat filed for record in Volume 388-168, Page 64, RR.T.C.T.; THENCE S54'L6'34"E, along the common line of said Hayley Addition and said U.S. Postal Service Addition, a distance of 218.93 feet, to a 1/2 inch iron ror; found; THENCE S65'07'09"E, continuing along said common line, a distance of 246.02 feet, to a 5/8 inch iron rod set with ❑ cap stamped 'JDJR" (hereinafter referred to as an iron rod set) at the most northerly northeast corner of sofa Hayley Addition, and being at the northwest corner of Ball Street Substation Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to the plot filed for record in Cabinet A, Slide 3417, P.R.T.C.T., THENCE SOO"GOVE, along the west line of said Ball Street Substation Addition, at a distance of 208.00 feet, passing the southeast corner of said Ball Street Substation Addition and the northwest comer of a called 0.37 acre tract of land described in the deed Bled for record in Volume 9097, Page 436, Deed Ren4rds, Dallas County, Texas, and continuing along the west line of said 0.37 acre tract, in all a distance of 358.00 feet, to on iron rod set on the north line of Lot 5R-113, Black 1, Hayley Addition, filed for record in Cabinet A, Side 792, P.R.T.C.T., THENCE S89'55'01"W, along the north tine of said Lot 58-10, o distance of 24.50 feet, to an iron rod set at the northwest corner of sold Lut 5R-1i3; THENCE S00'04'19'E, along the west line of said Lot 5R-1B, a distance of 129.41 rest, to an angle point in said west line; CONTINUED ON SHEET 2 OF 2 > cmuiv , wr`m=a°;w �nraws.'ti'�wir Hs�wnw COPYRIGHT 2012 12 e NGiIV R & �,ON J ANTS;-INC, . 7 I('dN ERS .:` "LAND KAN :9 OVEYM •AW TalaE1"Dr'ry • dt8 NAI. lf*9,Telt88 •6081•r �_1DJ2 PROJECT NO. 105 13-10 DASD EXHIBIT EET I OF 2 2-89 SH I A' MUNICIPAL. SETTING DESIGNATION A PORTION OF THE HAYLEY ADDIAON METES & BOUNDS DESCRIiP71ON C l! SHEET 7 OF'� THENCE 519'36'53"W, along the northwesterly line of said Lot 5R-18, a distance of 225.43 feet, to a 1/2 inrh iron rod founr' (Controlling Monument) on the northerly right-of-way line of the aforementioned State Highway No. 114, and being on a curve to the right whose center bears N14'03'17"E, a distance of 1873,65 feet; THENCE olong said curve to the right and in a northwesterly direction with said northerly right-of-way line, through a central angle of 14'04'40" for an arc length of 461.84 feet to an ;ran rod set of the southeast corner of Lot 3R-3, Black 1, Hcyley Addition, filed for record in Cabinet A, Slide 246, P.R.T.C.T.; THENCE N38'3443"E, along the southeast fine of said Lot R-3, a distance of 223.25 feet, to a 142 inch iron rod found at the northeast corner of said Lot 3R-3; THENCE N55'04'34"W, along .he northeast line of sold Lot 3R-3, a distance of 101.42 feet, to a 5/8 inch iron rod found with a Cap stamped "RFLS 5894" at the northwest corner of said Lot 311-3; THENCE S34'40'22"W, along the northwest line of sold Lot 3R-3, -a distance of 45.97 feet, to a 5/8 inch iron rod found with a cop stamped "RFLS 5894"; THENCE S38'34'43"W, continuing: along said northwesterly line, a distance of 186.35 feet, to a 5/8 inch iron rod found on the northerly right-of-way line of said State Highway No. 114, and being on a curve to the right whose center bears N31`09'47"E, e d°stance of 1879.65 feet; THENCE along said curve to the right and in a northwesterly direction with the northerly right-of-way line of said State Highway No. 114, through a central angle of 04'05'19" for an arc 'ength of 134.13 feet, to an iron rod set at the southerly end of the aforementioned corner dip; THENCE N23'06'22"W, along the northeasterly line of said corner Blip, a distance of 81.40 feet, to the POINT OF BEGINNING, and containing 10.0156 acres (436,240 square feet) of land. more or less. The bearings recited hereinabove ore based on the found mcnumentation of the southeasterly " right• of--way line of William D_ Tate Avenue, cis shown on the plat filed for record under ;hu County Clerk's File No, D21 1 1 54731, Official Putlic Records, Tarrant County, Texas. This metes and bounds description is based a Boundary Survey of the subject properly and was performed on the ground May 3, 2011. 4k�tia­r ,0 ,�C. Haddock date A .'_OF�` 12zgistered Professional Land Surveyor r'y,�1 sTEfa y Texas Registration No. 5764 .........................:... WfLL€AM G. HADDOCK ...e.. ..w.. COPYRIGHT 201 2 LT 2. : . > . X 2600 Texas brine,Seifl 10 I;ving,Taxes 76082. To! x$72-252-636.��Fsx.'972-252 N68 ` # °�,f©,1R PROJECT Na 105-13-10 USO EX�-IEJT SHEET 2 OF 2 L M ., dares y..rwa.i..`m.ib �,mw^w,r!?wwa.w�,i�F�uawrr ir;ri r� v.�r�ss+ww+r..r".a..rre�� ;t�w ems„ a mmmmuxv .niN �1NfdMl�iW�VkNI4M2rvIIL"�'JD_.. Iry4sq,M el%�W'�Nk'SCA➢Nltl . 'm" .�.D•B NN6�N�'IOIm041+�ib i^r rvnmmmmlWlWl'%MOINI is ,Wm9[h.�dlWMfi.1$ m. - • LEGIM / cw) LOT 1, BLOCK 1 U.S. POSTAL CIRS SIS INCH IR014 ROD SET VATH / / �+ CAP STAMPED "JDJR" SERVICE ADDITION CIRF 5/1 INCH IRON ROD FOUND WISH VO �-lb6, PC. &4, / P.R. n T. car- STAM e0 "rPLS 5894" j , ,C3T IRF IRON ROD FOUND Air XCF °X" CUT FOUND IN COICRETE (CM) CONTROLUNC MONUMENT l�C Qj�✓r� N /2"IMF GRAPHIC SCE I FEET 'y O � . 4� fIf A F9a A n. a o so 120 cy argil �Op R - - �jI 4' f �s' SCALE: i° = 120 /'lobG f �i��¢j oS�1. f!�?��� +� 4vL ���•U�%�, c,,:3s Y* F_ v [>114E w LOT 3R--1, 13LOCK t `` 0 fx,rl HAYLEY ADDITION m o LOT 4, BLOCK 1 F1LF N(, A'111154Y3 r 1 Q O.P.R.r.l,T., HAYLEY ADDITION Ca F_j u \n VX. H8-212,P0, ,s, ad o< x �. P.R.:.C.T. y) m U 10.0156 ACRES (436,280 SOUARE FW) r n� LOT 2R-1, BLOCK 1 HAYLEY ADDITION p°p it C.C. FILE N0. 0�11154i3�,, J. ae r CJ c3 !W ' b_j 534'49'22"W �'aF N55'04"34'W $89'55,01,w ~j Ld ?' 45 97' �� 107.42` 24.5{3' y P.OA ti r/s-IRF zfi C' +`� Q N QQ �d4V' WEIRS�A1�R05E FOS_7ER SIrH A-518 lw�.�� HERS OF J.El.FAY SURWY A--5/a"IRS LOT 3R-4, BLOCK 1 LOT 512-.A, BLOCK t ADDMON HAYLEY ADDITION �oAE. A. P 2 5, CAB. A, 5[i]E 734, o+ cis P.Ra.C. . P.R.LC.7. 4�r ` al �¢U1 ii Y �Vq r a,�Ir 7>- n� r7 * CURVE DATA * WqY� ' �j+� �+,� CCU) Cl C2 R - 1879.65' R 1879.65' 'l�II DOTE: See Exhibit "A" for metes & bounds L - 461.84' M L - 134.13 1 c COPY . " description, Surveyor's Certifitation and Basis of DELTA 14 DA��40 DELTA 04'©5 " O COPYRIGHT 20'12 y`� , �, % ✓ Bearings description. QlNK0§--A �QNSWAN AT '"E3411 ERS: LANp PLAfd�JO SUI�V OILS ' MUNICIPAL SETTING DESIGNATON A PORTION OF HAYLEY ADDITION ' n GRAPEVINE, TEXAS 250E-Tad©rare,SEil#e,10 Wku 'faxes t5 rd id Fax X72 JDA� PROJECT hC3. 105-13-10 MSD EXfIIBIT