Arx Advantage, LLC Robbye G. Meyer 8801 Francia Trail Austin, Texas 78748 (512) 963-2555
[email protected] April 22, 2015 Texas Department of Housing and Community Affairs Attention: Jean Latsha 221 East 11th Street Austin, Texas 78701 RE: Response to Challenge of Application #15159 Abbington Commons of Whitewright Dear Ms. Latsha, Arx Advantage, LLC is the consulting firm representing the Abbington Commons of Whitewright (“Abbington”) proposed development. We appreciate the opportunity to respond to the challenge set forth by Mr. Shackleford, who is representing the Courtyard Apartments. The challenge alleges violations of §10.101(a)(3)(D) and (J) of the Uniform Multifamily Rules pertaining to undesirable site features. Specifically, the challenge states “located within 2 miles of the proposed site for the Abbington Commons is an ammonium nitrate (“AN”) storage facility which constitutes a potentially hazardous use and potentially exposes the residents to an environmental factor that may adversely affect the health and safety of the residents. Located within 960 feet of the Abbington Commons site is the El Dorado Chemical Company.” Section 10.101(a)(3)(D) pertains to “Development Sites located within 2 miles of potentially hazardous uses such as nuclear plants or large refineries (e.g. oil refineries producing more than 100,000 barrels of oil daily).” There are 2 nuclear plants and 24 oil refineries currently operating in Texas and none are within 2 miles of the development site. The Abbington site is neither a nuclear plant nor a large refinery; therefore, this subsection should not even be a consideration. The challenge clearly states that the El Dorado is a Chemical Plant.