STRATEGIC PRIORITY: Quality of Life
AGENDA DATE: December 8, 2021
COUNCIL DISTRICT(S): 14
DEPARTMENT: Office of Environmental Quality & Sustainability
EXECUTIVE: M. Elizabeth Cedillo-Pereira
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SUBJECT
title
A public hearing to receive comments on a proposed municipal setting designation to prohibit the use of groundwater as potable water beneath property owned by Pan Coastal Limited Partnership located near the intersection of Lemmon Avenue and McKinney Avenue and adjacent street rights-of-way; and an ordinance authorizing support of the issuance of a municipal setting designation to KDC McLemmon Investments One LP by the Texas Commission on Environmental Quality and prohibiting the use of groundwater beneath the designated property as potable water - Financing: No cost consideration to the City
Recommendation of Staff: Approval
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BACKGROUND
Based on information provided by the Applicant, the designated property is underlain by shallow groundwater that is encountered at approximately 18 to 21 feet below ground surface (bgs) and extends down to approximately 35 feet bgs to the top of the underlying Austin Chalk Formation. The Austin Chalk is competent limestone bedrock with an estimated thickness of approximately 300-500 feet and is considered a regional aquitard that prevents vertical migration to underlying aquifers. The direction of groundwater flow beneath the designated property is generally towards the southwest. A portion of the designated groundwater has been affected by tetrachloroethene, trichloroethene, cis-1,2-dichloroethene, and vinyl chloride at concentrations above groundwater ingestion standards. The potential sources of these chemicals are unknown, but appear to be associated with historical onsite and offsite operations. The potential onsite sources are from operations of former dry cleaners and auto repair. The potential off-site sources are from operations of multiple former filling stations and dry-cleaning facilities in the vicinity and documented groundwater impact by similar chemicals upgradient of the property.
The applicant has requested that the City support its application for an MSD. A public meeting will be held on November 29, 2021 to receive comments and concerns. Notices of the meeting were sent to 3,122 property owners within 2,500 feet of the property and 87 private well owners within 5 miles of the property. There are no other municipalities within one-half mile of the property.
The designated property was entered into the Voluntary Cleanup Program (VCP) administered by the Texas Commission on Environmental Quality (TCEQ) in June 2019 and is designated as VCP Facility ID No. 3011.
This item is a municipal setting designation ordinance prohibiting the use of potable groundwater beneath property located near the intersection of Lemmon Avenue and McKinney Avenue including adjacent street rights-of-way; and supporting the issuance of an MSD by TCEQ.
The applicant’s current plan is to obtain closure through the VCP supported by an MSD. Currently the designated property is developed for commercial use and is occupied by a vacant grocery store, a dual-tenant retail building consisting of a restaurant and vacant dry-cleaning facility, and associated parking lots. The anticipated future use is expected to be mixed-use to include both commercial and residential development.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
No cost consideration to the City.
OWNERS
KDC McLemmon Investments One LP
KDC McLemmon Investments One GP LLC, General Partner
KDC Holdings LLC, Member
Tobin Grove, Manager
Pan Coastal Limited Partnership
Touricum Number Two Ltd., General Partner
Asad Rushd, Vice President
MAP
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