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
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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
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