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File #: 20-189    Version: 2 Name:
Type: MISCELLANEOUS HEARINGS Status: Hearing Closed
File created: 1/17/2020 In control: Office of Environmental Quality & Sustainability
On agenda: 2/12/2020 Final action: 2/12/2020
Title: A public hearing to receive comments on a proposed municipal setting designation to prohibit the use of groundwater as potable water beneath properties owned by local businesses and individuals (list attached to the Agenda Information Sheet) generally located along Harry Hines Boulevard, Inwood Road, Denton Drive, and Empire Central and adjacent street rights-of-way; and an ordinance authorizing support of the issuance of a municipal setting designation to Virtuolotry, LLC 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
Indexes: 2
Attachments: 1. List, 2. Map, 3. Ordinance, 4. Exhibit A
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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STRATEGIC PRIORITY:                     Quality of Life

AGENDA DATE:                     February 12, 2020

COUNCIL DISTRICT(S):                     2

DEPARTMENT:                     Office of Environmental Quality & Sustainability

EXECUTIVE:                     M. Elizabeth Cedillo-Pereira

______________________________________________________________________

SUBJECT

 

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A public hearing to receive comments on a proposed municipal setting designation to prohibit the use of groundwater as potable water beneath properties owned by local businesses and individuals (list attached to the Agenda Information Sheet) generally located along Harry Hines Boulevard, Inwood Road, Denton Drive, and Empire Central and adjacent street rights-of-way; and an ordinance authorizing support of the issuance of a municipal setting designation to Virtuolotry, LLC 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 groundwater that is encountered at approximately 18 feet below ground surface (bgs) and extends to approximately 35 feet bgs at the top of the underlying Eagle Ford Group.  The Eagle Ford Group is considered a regional aquitard and is comprised mainly of shale, sandstone, and limestone that is expected to be approximately 300 feet thick.  The direction of groundwater flow beneath the designated property is localized and anticipated to flow towards the south.  Portions of the shallow groundwater have been affected by benzene, cis-1,2-dichloroethene (cis-1,2-DCE), ethylbenzene, methyl tert-butyl ether (MTBE), naphthalene, tetrachloroethene (PCE), toluene, total petroleum hydrocarbons (TPH), trichloroethene (TCE), 1,2,4-trimethylbenzene (1,2,4-TMB), and vinyl chloride (VC) at concentrations above groundwater ingestion standards and appear to be associated with historical offsite and onsite operations. The probable onsite sources for PCE, TCE, cis-1,2-DCE, and TPH are likely from historical releases associated with an onsite former bulk solvent tank area, paint booth, metal fabrication shop, and abandoned in-place underground storage tank (UST) system located at 2221 West Mockingbird Lane; PCE, TCE, and VC are likely from onsite historical releases associated with a wash bay, maintenance shop, and former UST systems located at 2128, 2032, 2108, 2110, 2112, 2114, and 2116 Hawes Avenue.  The probable historical offsite sources for TCE and cis-1,2-DCE located at 6124 Denton Drive are from an adjacent property to the north-northwest at 6200 Denton Drive with documented releases of similar chemicals that have been addressed under the Texas Commission on Environmental Quality (TCEQ) Voluntary Cleanup Program (VCP) and have received municipal setting designation (MSD) certification from TCEQ.

 

The applicant has requested that the City support its application for a MSD.  A public meeting will be held on February 3, 2020 to receive comments and concerns.  Notices of the meeting were sent to 2,443 property owners within 2,500 feet of the property and 136 private well owners within 5 miles of the property.  There are no other municipalities within one-half mile of the property.

 

Portions of the designated property were entered into the VCP administered by the TCEQ in August 2015, August 2017, and August 2017 and are designated as VCP Facility ID No. 2754, 2892, and 2893, respectively.

 

This item is a municipal setting designation ordinance prohibiting the use of potable groundwater beneath property generally located along Harry Hines Boulevard, Inwood Road, Denton Drive, and Empire Central and adjacent street rights-of-way; and supporting the issuance of a MSD by TCEQ.

 

The applicant’s current plan is to obtain closure through the VCP supported by an MSD.  Currently the designated property is primarily developed with commercial and light industrial uses consisting of storage warehouses, office buildings, distribution warehouses, retail strip centers, restaurants and automotive showrooms.  Other uses include vacant land, parks, and residential properties.  The anticipated future use of the designated property will remain similar to the current uses; however, individual parcels may be redeveloped.

 

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

 

This item has no prior action.

 

FISCAL INFORMATION

 

No cost consideration to the City.

 

OWNERS

 

Dreki Capital, LLC

 

Mathew Marshal, Director

 

1250 WDT, LTD.

 

SLJ Company, LLC General Partner

Louis H. Lebowitz, President

 

1840 Mockingbird Joint Venture

 

Lawrence G. Moser, Manager

 

1850 Mockingbird, LLC

 

Lawrence G. Moser, Governing Person

 

2033 EC, LTD.

 

SLJ Company, LLC, General Partner

Louis H. Lebowitz, President

 

2115 Empire Central LLC

 

Philip M. Lang, Manager

 

2608 Inwood, LTD.

 

J Small Investments, L.C., General Partner

Justin A. Small, President

 

6211 Owens LLC

 

Phillip M. Lang, Manager

 

6627 Maple Avenue, LLC

 

Richard Boyd, President

 

7777 Hines Place LLC

 

Karen Rydman, Manager

 

Adler Property Companies, LLP

 

JRE Aquila II, LLC, General Partner

John R. Eagle, Managing Member

 

Ansonbrook, LLC

 

Red Barn Holdings, LP, Managing Member

Ithaca GP, LLC, General Partner

Justin Small, President

 

Autoscope Motorsports, LTD.

 

ASMS-GP, Inc., General Partner

Nerces Mavelian, President

 

 

Robert E. Bard

 

Maria G. Colmenero

 

BFH, LTD.

 

Empire Central, Inc., General Partner

Robert Jackson, President

 

Bright Sea Investments LLC

 

Trevor Pearlman, Manager

 

Burnett Brothers Trust

 

Robert W. Burnett, Trustee

 

Carder Chaney Properties LLC

 

Gary Young, Managing Member

 

Cooper Residential, LLC

 

Gene Cooper, President

 

Crockett Court Corporation

 

James H. Ezell, President

 

Czyca Properties, LLC

 

Andrea Gorczyca, Manager

 

City of Dallas

 

TC Broadnax, City Manager

 

Denton-Hines Properties, Inc.

 

Joe M. Graham, President

 

Deruta LLC

 

Robert Jackson, Manager

 

 

 

DLFI 75235, LTD.

 

MSV Acquisitions, LLC, General Partner

David R. Corrigan, Manager

 

Double E Properties

 

Gene Hart, Co-Partner

 

Gay D. Ford

 

Jorge Garcia 

 

GIC-1820, L.P.

 

GIC-Mockingbird GP, LLC, General Partner

G. H. Stool, Manager

 

Girls Incorporated of Metropolitan Dallas

 

Freeman Carrie Parsons, Chairman

 

Ray Hallford

 

Harry Empire, LTD.

 

Ithaca GP, LLC, General Partner

Justin Small, President

 

Harry Hines Venture II, LP

 

S&W Properties, LLC, General Partner

Paul A. Whitman, Manager

 

Harry Hines Venture, LP

 

S&W Properties, LLC, General Partner

Paul A. Whitman, Manager

 

The Humane Society of Dallas County

 

Sandra Luhring, Director

 

Imprunetta LLC

 

Bomar Management, LLC, Member

Robert R. Jackson, Manager

 

Inwood Self Storage Family LP

 

Santa Fe Storage Properties, Inc., General Partner

Dean Cynthia Alexis, President

 

Kendrick Properties II Limited

 

Kendrick Interests, Inc., General Partner

Dorothy Pearcy, President

 

Kilpatrick Equipment Company

 

Steve Kilpatrick, President

 

Kimsey Stutz, LLC

 

Red Barn Holdings, LP, General Partner

Ithaca GP, LLC, General Partner

Justin Small, President

 

Larry Pryor

 

KKS, Inc.

 

Diana Pryor, President

 

Landlord, LLC

 

C. Dennis Lord, Managing Member

 

Maple Empire, LLC

 

Red Barn Holdings, LP, General Partner

Ithaca GP, LLC, General Partner

Justin Small, President

 

Maple Walk, LP

 

VPC GP, Inc., General Partner

Syd J. Hurley IV, Director

 

Maplebird, LP

 

42 A, LLC, General Partner

Scott Rohrman, Manager

 

Maplewood Partners, LTD.

 

Ithaca GP, LLC, General Partner

Justin Small, President

 

Margaret T. Moore Revocable Trust

 

Margaret T. Moore, Trustee

 

Melnic, LTD.

 

J. Small Investments, L.C., General Partner

Justin Small, President

 

Midbelt Properties, L.P.

 

Midbelt Investment Corporation, General Partner

Johua Ju, President

 

Mockingbird FP, LP

 

S&W Properties, LLC, General Partner

Warren C. Smith, Manager

 

Oncor Electric Delivery Company LLC

 

James R. Adams, Chairman

 

Pleasant Run/Lancaster, LTD.

 

SLJ Company, LLC, General Partner

Louis H. Lebowitz, President

 

RBH Anson, LLC

 

Red Barn Holdings, LP, Member

Ithaca GP, LLC, General Partner

Justin Small, President

 

RBH Hines, LLC

 

Ithaca GP, LLC, Governing Person

Justin Small, President

 

Rearden Investment Partners VI, Inc.

 

Sandra Owens, President

 

Red Barn Holdings, LP

 

Ithaca GP, LLC, General Partner

Justin Small, President

 

Candace Rubin 

 

SLJ Company, LLC

 

Louis H. Lebowitz, President

 

SBLFT/OF 2016, LTD.

 

SLJ Company, LLC, General Partner

Louis H. Lebowitz, President

 

Leonard Sloan & Associates, Inc.

 

Leonard R. Sloan, President

 

Southwest Airlines Company

 

Gary C. Kelly, Director

 

SPC Mockingbird Depot LLC

 

South Plains Crossing LP, Managing Member

South Plains Crossing GenPar, LLC, General Partner

Collin Creek Village, L.P., Managing Member

CCV Management, Inc., General Partner

Anthony Ruggeri, President

 

Ollie Vernon Stark & Helen Marie Family Living Trust

 

Leslie Vernon Stark, Trustee

 

Maria C. Strattin

 

Thomas W. Taylor

 

Hugo V. Valdez et ux, et al Revocable Living Trust

 

Sonia C. Granoff, Trustee

 

 

 

Viceroy Davenport, L.P.

 

Viceroy Inwood Development, Inc., General Partner

Stephen J. Rogers, President

 

Viceroy Inwood, L.P.

 

Viceroy Inwood Development, Inc., General Partner

Stephen J. Rogers, President

 

Viceroy Post, L.P.

 

Inwood Post, Inc., General Partner

Stephen J. Rogers, President

 

Yego 6500 HH, LP

 

Yego 6500 HH GP, LLC, General Partner

Todd K. Ashbrook, Manager

 

MAP

 

Attached