Title
Conduct a public hearing and consider adopting Ordinance No. 3430 Prohibiting the Use of and Contact with Designated Groundwater Beneath 16.994± Acres of Land Generally Located at the Southwest Corner of Valley View Lane and Josey Lane to Facilitate Certification of a Municipal Setting Designation by the Texas Commission On Environmental Quality; and take appropriate action.
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BACKGROUND:
In 2016 City Council approved Ordinance 3416 stipulating the application and review process for Municipal Settings Designations in Farmers Branch. Valley View-Josey Property, LP, Josey-Val Shopping Center, Inc., Josey-Val Retail, LP, and Josey @ Valley Outparcels III, LP submitted an application to the City seeking a resolution of support from City Council for the MSD application to the Texas Commission on Environmental Quality (TCEQ). This is the first MSD application the City has received since the approval of the MSD Ordinance. The site is 16.99 acres in size and is composed of seven parcels at the following addresses: 2900 Valley View Lane, 2 Josey Lane, 3 Josey Lane, 12875 Josey Lane, 12879 Josey Lane, and 12895 Josey Lane. The site is owned by four entities controlled by Mr. David E. Claassen.
In July 2014, a Phase I Environmental Site Assessment (ESA) was completed on the parcels. The ESA found that various retail, commercial, and restaurant tenants have occupied structures since the initial construction in 1959. One of the commercial entities was a former dry cleaner. The potential for release of dry cleaning solvents associated with this dry cleaner was identified as a recognized environmental condition in the Phase I ESA. A subsurface investigation followed. The investigation found a number of chlorinated volatile organic compounds (VOCs) in the soil and groundwater at concentrations that exceeded Texas Risk Reduction Program Tier I residential protective concentration levels.
Municipal Setting Designations (MSD) is regulated by the Texas Commission on Environmental Quality (TCEQ). MSDs can be used when groundwater at a potential development location within a city has contaminants. Groundwater is defined as water present below ground surface. TCEQ receives, processes, and certifies MSD applications. TCEQ can only certify an application if there is local city support. City Council has the option to support or not support an MSD application.
An MSD is an official designation given to property within a municipality that certifies that the designated groundwater at the property is not used as a potable water, and is prohibited from future use as potable water because that groundwater is contaminated in excess of the applicable potable water protective concentrations. Potable water is defined as water that is used for drinking, showering, bathing, cooking purposes, or for irrigating crops intended for human consumption. Potable water protective concentrations are the maximum concentrations of a contaminant in groundwater that is protective of human health. These concentrations are specific to each contaminant. The prohibition is in the form of a city ordinance or a restrictive covenant that is enforceable by the city and filed in the property records. The MSD property can be a single property, multi-property, or a portion of property.
Because the groundwater underlying the designated property(ies) will be prohibited for use as potable water if an MSD application is certified, there must be an alternative source potable water for the properties. This is provided by the City of Farmers Branch via its water distribution system.
DISCUSSION:
By prohibiting the use of contaminated groundwater as potable water, the applicant potentially has a less expensive and faster alternative to existing state environmental regulations governing the investigation and cleanup of contaminated groundwater. Based on a review of groundwater well installations by the applicant and consultant, there are no known wells that would be affected by the identified contamination. In addition, the consultant attests based their review and information available, that the concentrations of contaminants found in the groundwater identified in their investigation beyond the boundary established in the MSD application more than likely does not exceed non-ingestion protective concentration levels. They also certify they met requirements of the City ordinance, including fully delineating the contamination plume. Because the City provides potable water to all residents via the City water distribution system, there is no need to allow access to the underlying groundwater at this location(s).
RECOMMENDATION:
City Administration recommends approving Ordinance No. 3430 in support a Municipal Settings Designation the following seven parcels: 2900 Valley View Lane (parcel 1), 2900 Valley View Lane (parcel 2), 2 Josey Lane, 3 Josey Lane, 12875 Josey Lane, 12879 Josey Lane, and 12895 Josey Lane.
POSSIBLE COUNCIL ACTION:
1. I move to adopt Ordinance No. 3430 in support a Municipal Settings Designation the following seven parcels: 2900 Valley View Lane (parcel 1), 2900 Valley View Lane (parcel 2), 2 Josey Lane, 3 Josey Lane, 12875 Josey Lane, 12879 Josey Lane, and 12895 Josey Lane.
2. I move to adopt Ordinance No. 3430 in support a Municipal Settings Designation the following seven parcels: 2900 Valley View Lane (parcel 1), 2900 Valley View Lane (parcel 2), 2 Josey Lane, 3 Josey Lane, 12875 Josey Lane, 12879 Josey Lane, and 12895 Josey Lane, with modifications.
3. I move to table the issue for further study or take no action.
ATTACHMENTS:
1. MSD Application
2. Boundary Map
3. Ordinance No. 3430