13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 9 - Staff Report — original pdf
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ZONING CHANGE REVIEW SHEET CASE: C14-2025-0090 - W. Martin Luther King Jr Blvd and Nueces Street DISTRICT: 9 ZONING FROM: CS and CS-MU ZONING TO: DMU-CO ADDRESS: 601, 607, 611, 615, 619 West Martin Luther King Jr Boulevard, 1809 Rio Grande Street, 1806 Nueces Street SITE AREA: 0.95 acres (41, 403 sq. ft.) PROPERTY OWNER: 1806 Group LP, Jack Brown Family II Limited Partnership AGENT: Drenner Group, PC (Leah Bojo) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant downtown mixed use – conditional overlay (DMU-CO) combined district zoning. The conditional overlay will make exterminating services a conditional use and will prohibit the following uses: Automotive rentals Automotive repair services Automotive sales Automotive washing (of any type) Bail bond services Laundry service Limited warehouse and distribution Maintenance & service facilities Pawn shop services Service station Vehicle Storage PLANNING COMMISSION ACTION / RECOMMENDATION: January 27, 2026: CITY COUNCIL ACTION: ORDINANCE NUMBER: 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 91 of 43C14-2025-0090 ISSUES: 2 Staff is aware that the property owner has submitted an application for the Density Bonus Program. However, the current rezoning request for Downtown Mixed Use – Conditional Overlay (DMU-CO) would allow for a maximum of 120 feet in height. CASE MANAGER COMMENTS: The property in question is approximately 0.95 acres, is developed with a Laundry Service (Jack Brown Cleaners) Fast food (Jimmy Johns) and Bakery (Tiff’s Treats). The existing zoning for the property is general commercial services (CS) district zoning and general commercial services – mixed use (CS-MU) combined district zoning. There is access to West Martin Luther King Jr Boulevard (level 3), Nueces Street (level 1), Rio Grande Street (level 1) and the alley, which is set to remain. This site is in the Northwest District of the Downtown Area Plan and is characterized as mixed use. The surrounding area has several office and commercial uses around it (GO; GO-MU; DMU-CO; CS; CS-NP; DMU-H- ETOD-DBETOD; GO-ETOD-DBETOD) along with various residential types such as single family residential and multifamily residential (SF-3-H; GO). Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant is requesting the downtown mixed use – conditional overlay (DMU-CO) combined zoning district for a unified development that will consist of approximately 435 dwelling units, retail and a hotel. The staff is recommending DMU-CO here with a list of prohibited uses and with the knowledge that the maximum height allowed in the DMU district is 120 feet. Half of this property is eligible to participate in the Downtown Density Bonus Program, which could grant greater heights for the eastern portion of the rezoning area. The applicant has submitted an application to participate in the Density Bonus Program; however this rezoning is for a maximum of 120 feet in height (Please refer to Exhibit F – Downtown Density Program Exhibits). The proposed zoning is compatible and consistent with surrounding land uses and zoning patterns in this area as there are existing DMU-CO zonings onsite and to the east. The Downtown Area Plan also calls for downtown mixed use zoning district for these tracts. The urban design priority for the Northwest District is to “amend zonings to allow a broader range of uses including multi-family residential” (Please refer to Exhibit E - Downtown Austin Plan Exhibits). Per the comprehensive plan review comments, this site meets eleven (11) of the Imagine Austin Decision Guidelines. The site is in the Imagine Austin Growth Concept Map, more specifically it is within the Downtown Regional Center. There is a metro rapid bus stop along Guadalupe Street 0.23 miles away. The University of Texas at Austin Campus and Austin Community College Rio Grande Campus are both within 0.5 miles of the property. In addition, the Austin Recreation Center is within 0.5 miles and provides connectivity to healthy living for the property. 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 92 of 43 C14-2025-0090 3 BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The downtown mixed use district is intended for areas on the periphery of CBD classifications in the central core area, permitting a variety of uses compatible with downtown Austin and allowing intermediate densities as a transition from the commercial core to surrounding districts. Site development regulations are intended to permit combinations of office, retail, commercial, and residential uses within a single development. The conditional overlay combining district may be applied in combination with any base district. The district is intended to provide flexible and adaptable use or site development regulations by requiring standards tailored to individual properties. 2. The proposed zoning should promote consistency and orderly planning. One of the Downtown Austin Plan goals, for the Northwest District, is to replace single-use zoning districts with downtown mixed-use zoning designations. The proposed DMU zoning would be consistent with other DMU rezonings in the area and in line with the Downtown Austin Plan – this promotes consistency and orderly planning for the area. 3. Zoning should allow for reasonable use of the property. This rezoning request is for a proposed unified development that will consist of multifamily, retail and a hotel. The intent of the downtown mixed use district was to permit various uses within one specific development – this is a reasonable use of the property. EXISTING ZONING AND LAND USES: Site North South East West ZONING CS and CS-MU CS-1-NP; CS-NP; P GO; GO-MU; DMU-CO DMU-CO; CS; GO DMU-H-ETOD-DBETOD; GO-ETOD-DBETOD; SF-3-H LAND USES Laundry Service; Fast food; Bakery Commercial uses; Fire Station 2; Restaurant Multifamily and Office Townhomes; Office; Fast food Office and Single Family NEIGHBORHOOD PLANNING AREA: Downtown Austin Plan (Northwest District) WATERSHED: Shoal Creek (Urban) CAPITOL VIEW CORRIDOR: No SCENIC ROADWAY: No 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 93 of 43 C14-2025-0090 4 SCHOOLS: Austin Independent School District Bryker Woods Elementary School O Henry Middle School Austin High School COMMUNITY REGISTRY LIST: Austin Independent School District Austin Neighborhoods Council CANPAC City of Austin Downtown Commission Downtown Austin Alliance Downtown Austin Neighborhood Association (DANA) Friends of Austin Neighborhoods AREA CASE HISTORIES: NUMBER C14-2025-0097 – 1716 San Antonio Rezoning REQUEST GO to DMU-CO C14H-2025-0086 - Malcolm and Margaret Badger Reed House GO-ETOD-DBETOD to DMU-H-CO- ETOD-DBETOD, as amended Historic Austin Neighborhood Association Homeless Neighborhood Association Judges Hill Neighborhood Association Preservation Austin Shoal Creek Conservancy University Area Partners West Campus Neighborhood Association West Downtown Alliance, Inc. CITY COUNCIL Scheduled for CC on January 22, 2026 To Grant DMU-H-CO- ETOD-DBETOD as Planning Commission recommended. (11/20/2025) COMMISSION To Grant DMU-CO with the conditional overlay being a maximum height of 60 feet for the site. (12/16/2025) To Grant DMU-H-CO- ETOD-DBETOD with the following prohibited uses; Alternative Financial Services, Automotive Rentals, Automotive Repair Services, Automotive Sales, Automotive Washing (of any type), Bail Bond Services, Commercial Off-Street Parking, Community Recreation (Private), Community Recreation (Public), Exterminating Services, Funeral Services, Indoor Entertainment, Indoor Sports and Recreation, Limited Warehousing and Distribution, Off-Site Accessory Parking, Outdoor Entertainment, Outdoor Sports and Recreation, Pawn Shop Services, Pedicab Storage and Dispatch, 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 94 of 43 C14-2025-0090 5 C14-2022-0093 - SDC-MLK C14-2019-0127 – Travis County Courthouse C14-2010-0035 – 1800 Nueces St Service Station, Theater, Transportation Terminal, Vehicle Storage. (10/14/2025) CS to DMU-V * as amended DMU to P To grant Indefinite Postponement (05/23/2023) To Grant P (11/12/2019) GO to DMU To Grant staff’s recommendation for DMU- CO. The CO prohibits laundry services and pawnshops. (5/11/2010) C14H-2009-0035 J.W. & Cornelia Rice Scarbrough House C14-2008-0047 – Grant Foster MF-4 to SF-3-H To Grant SF-3-H (12/8/2009) GO to DMU To Grant staff’s recommendation for DMU- CO. The CO has a vehicle Withdrawn Approved P as Planning Commission Recommended (12/5/2019) Approved DMU-CO as Planning Commission Recommended but only approved the following CO’s; A. The following uses are prohibited uses of the Property: Automotive rentals Automotive repair services Automotive sales Automotive washing (of any type) Bail bond services Cocktail lounge Laundry service Limited warehouse and distribution Maintenance & service facilities Pawn shop services Service station Vehicle storage B. Exterminating services use is a conditional use of the Property. C. The maximum height of a building or structure is 60 feet from ground level. D. The minimum rear yard setback is 5 feet. (10/28/2010) Approved SF-3-H as Planning Commission Recommended (12/17/2009) Approved DMU-CO as Zoning and Platting Commission 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 95 of 43 C14-2025-0090 6 trip limit of 2,000 per day. (3/25/2008) Recommended (4/24/2008) RELATED CASES: C14-2025-0093 - W 18th & Nueces Street: This is the associated zoning case which is requesting to go from GO and DMU-CO to DMU-CO. The cases have an alley separating them and needed to be submitted separately, they are both requesting DMU-CO with the same conditions for a unified development. C14-2022-0093 - SDC-MLK: The Applicant is proposing to rezone approximately 0.6784 acres from CS to LI-PDA. On November 22, 2022, the applicant amended their rezoning request to DMU-V. The applicant was granted sever postponements until an indefinite postponement was granted on May 23, 2023. The case was withdrawn. ADDITIONAL STAFF COMMENTS: Urban Design The property located at 1801 Rio Grande Street is currently developed as multifamily (48 units) and office on a 0.96-acre site. The applicant is proposing to change the zoning from GO-DMU-CO to DMU-CO; DMU-CO. The property is in the Northwest District of the Downtown Austin Plan (DAP). The following Downtown Austin Plan goals are relevant to this case: AU-2.1: Support the production of affordable housing. DD-1.1: Maintain existing height and density limits as a baseline with some adjustment based on the surrounding context DD-1.3: Employ additional density incentives to achieve specific community objectives Northwest District Urban Design Priority- “Amend zoning to allow a broader range of uses including multi-family residential” The applicant is seeking an increase in height and FAR to a 400 ft height maximum and 15:1 FAR, indicating participation in the Downtown Density Bonus (DDB) program. Based on the information above, staff believe that the proposed zoning change is supported by the Downtown Austin Plan. Imagine Austin Project Name and Proposed Use: 1801 RIO GRANDE STREET. C14-2025-0093. Project: West 18th & Nueces Street. 0.96 acres from GO-DMU-CO to DMU-CO; DMU-CO. Existing: multifamily (48 units) and office. Proposed: multifamily (287 units) and retail. Demolition is proposed, with 48 residential units to be demolished. Project proposed an 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 96 of 43 C14-2025-0090 7 amendment to the Downtown Density Bonus Map from 3:1 (90’ height maximum) to 15:1 (400’ height maximum). Yes Y Imagine Austin Decision Guidelines Complete Community Measures * Imagine Austin Growth Concept Map: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers *: Within Downtown Regional Center Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. 0.23 miles to Metro Rapid Bus Stop along Guadalupe St Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. Y Y Y Y Y Sidewalk present along surrounding streets Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. Within 0.5 miles of employment opportunities in the Downtown area Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. Within 0.5 miles of Target Grocery along Guadalupe St Connectivity and Education *: Located within 0.50 miles from a public school or university. Within 0.5 miles of the ACC Rio Grande campus and the University of Texas at Austin campus Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. 0.5 miles to the Austin Recreation Center Connectivity and Health *: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, and/or specialized outpatient care.) Medical clinic present along Rio Grande St Housing Choice *: Expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population (ex: apartments, triplex, granny flat, live/work units, cottage homes, and townhomes) in support of Imagine Austin and the Strategic Housing Blueprint. Housing Affordability *: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. Y Mixed use *: Provides a mix of residential and non-industrial uses. Y Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). Within 0.5 miles of the Bullock Texas State History Museum Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, film, digital, theater.) Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in a 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 97 of 43 C14-2025-0090 8 particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone Y 11 Number of “Yes’s” Drainage: The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. Environmental: The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Shoal Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Desired Development Zone. Zoning district impervious cover limits apply in the Urban Watershed classification. According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. Fire: There are no comments. PARD – Planning & Design Review: Residential units that are certified affordable and income-restricted are exempt from the parkland dedication requirements per City Code § 25-1-601(D)(4). Parkland dedication will 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 98 of 43 C14-2025-0090 9 be required for any new market-rate residential units that may be proposed by this development, at the time of subdivision or site plan, per City Code § 25-1-601. If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: ann.desanctis@austintexas.gov. At the applicant’s request, PARD can provide an early determination of parkland dedication requirements. Site Plan: Zoning Cases Site plans will be required for any new development except for residential only project with up to 4 units. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Compatibility Standards The site is not subject to compatibility standards. There is not a site plan currently under review for this property. Austin Transportation Department – Engineering Review: Zoning transportation analysis shall be performed at zoning where anticipated trips are anticipated to exceed 2,000 unadjusted trips to satisfy the LDC requirement for a TIA but does not diminish the authority to require a traffic impact analysis at site plan. Please contact Manar Hasan (Manar.Hasan@austintexas.gov) and Kaylie Coleman (Kaylie.Coleman@austintexas.gov) to discuss scoping. A fee for the ZTA has been assessed. The ZTA must be approved and the fee paid prior to the Commission hearing. LDC 25-6, TCM 10.5.0. ATPW has agreed to permit the applicant a Planning Commission hearing, but an approved ZTA memo is required prior to 1st Council meeting. The Austin Strategic Mobility Plan (ASMP) calls for 100 feet of right-of-way for W Martin Luther King JR BLVD. It is recommended that 50 feet of right-of-way from the existing centerline should be dedicated for W Martin Luther King JR BLVD according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25- 6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 80 feet of right-of-way for Rio Grande ST. It is recommended that 40 feet of right-of-way from the existing centerline should be 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 99 of 43 C14-2025-0090 10 dedicated for Rio Grande ST according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. Existing Street Characteristics: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Level 3 100’ 93’ 61’ Yes Yes Capital Metro (within ¼ mile) Yes W Martin Luther King JR BLVD Nueces ST Rio Grande ST Level 1 Level 1 80’ 80’ 81’ 38’ Varies: 68’ – 88’ Varies 39’ to 76’ Yes Yes Yes Yes Yes Yes Austin Water Utility: No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter D. Ordinance No. 20101028-055 E. Downtown Austin Plan Exhibits F. Downtown Density Program Exhibit Correspondence from Interested Parties 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 910 of 43 Exhibit A 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CAMPUSAPTS.APTS.REST.CONDOSPARKINGAPTS.OFF.DORMPARKINGOFF.OFF.APTS.OFF.CHURCHPARKINGAPTS.OFFICEAPTS.PARKINGBLDG.PARKINGSTATEOFFICEOFF.REST.SALONPARKINGPARKINGCONDOSOFF.CONDOSCONDOSAPTS.CONDOSAPTS.CHURCHOFFICEPARKINGSTATEBANKAPTS.DUPLEXAPTS.OFF.REST.STATEPARKINGOFF.PARKINGREST.APT.CHURCHCO-OPAPTS.APT.CENTEROFF.PARKINGCHURCHREST.CHURCHAPTS.REST.APTS.PARKINGREST.APTS.BANK4-PLEXOFFICECHURCHPARKING4-PLEXCHURCHBANKAPTS.SP-03-0050DCHURCHBOOKSTOREAPTS.APTS.APTS.REST.PARKINGAPTS.OFF.OFF.APTS.OFFICEREST.ZONING±This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only theapproximate relative location of property boundaries.This product has been produced by the Planning Department for the sole purpose of geographic reference.No warranty is made by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:C14-2025-0090SUBJECT TRACT!!!!!!PENDING CASEZONING BOUNDARYCreated: 8/26/20250400200Feet13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 911 of 43Exhibit B !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(C14-2025-0090C14-04-0021C14H-2013-0005C14-2007-0262C14-2007-0262C14-2013-0087C14-69-072C14-2007-0235C14H-2010-0013C14-2017-0077C14-03-0174C14H-00-0010C14-2017-0076C14-84-056(RCT)C14H-00-2182C14-06-0081C14-01-0178C14-04-0210C14-2024-0025.SHC14-2007-0262C14H-2015-0013C14-2007-0219C14-05-0049C14-82-136C14-81-218C14H-06-0015C14-79-014C14-2007-0262C14-2007-0262C14-2007-0262C14-2007-0262C14-2019-0127C14-2007-0262C14-2008-0038C14H-00-2183C14-2007-0262C14-2007-0262C14-2007-0235C14-2007-0262C14-2007-0262C14-2007-0262C14-2007-0262C14-2007-0119C14H-2009-0026C14H-2007-0025C14-2016-0059C14-2007-0262C14-06-0016C14-2007-0262C14H-2009-0035C14-2007-0262C14H-2009-0011C14H-2010-0012C14H-2009-0045C14-2016-0022C14-05-0190C14H-89-0022C14-2018-0072C14-2013-0104C14-2018-0120C14-2016-0052C14H-74-004C14H-85-014C14H-2009-0044C14-2024-0024C14-2022-0080C17-2022-0152C14-2010-0151C14-2016-0093C14-91-0038(RCA)C14-96-0029C14-2022-0011C14-2015-0093C14-2007-0262C14-2021-0025C14H-01-0015C14H-2009-0043C14H-96-0003C14-2008-0047C14H-95-0004C14-2007-0223C14-2016-0058C14-2015-0094C14-85-027(RCT)C14H-81-018(90)TAC14-75-085(RCT)C14-2010-0035C14-2020-0035C14-85-002(RCT)C14H-94-0019C14-2019-0091C14-95-0154C14-2017-0025C14-2009-0129C14-2022-0137W 17TH STW 16TH STW 15TH STGUADALUPE STW 21ST STW 22ND STWEST AVELAVACA STNUECES STSAN GABRIEL STW14TH STPEARL STSAN ANTONIO STCOLORADO STW MARTIN LUTHER KING JR BLVDRIO GRANDE STW 23RD STW 20TH STW 22ND HALF STROBBINS PLWEST MALL UTSOUTH MALL UTINNER CAMPUS DRWHITIS AVEW 18TH STUNIVERSITY AVEW 13TH HALF STW13TH STW 21ST STINNER CAMPUS DRSAN ANTONIO STRIO GRANDE STNUECES STPEARL STW 18TH STUNZUNZSF-3SF-3SF-3PGOSF-3CS-NPDMUCBDSF-3SF-3MF-5CSDMUCS-NPCS-NPPPCSCS-NPCSGOMF-4-NPCSGOCSMF-5MF-5GOCS-NPDMUGOMF-4-NPCBDCBDCBDGOCSCBDSF-3DMUDMUGO-NPDMUMF-4-NPCS-NPMF-4-NPMF-5MF-4-NPCSMF-4-NPCSCSCSDMUMF-4-NPMF-5GOSF-3GOMF-5SF-3-HMF-5GR-NPSF-3-HMF-4-NPUNZMF-4-NPGR-NPGO-CO-NPCS-NPLRSF-3-HMF-4-NPDMUDMUGO-NPDMUDMUMF-5MF-4-NPSF-3-HDMUCS-NPCS-NPMF-5-HCSLRGODMUCS-NPSF-3-CO-NPCS-NPGODMUGR-NPGO-NPCS-NPGOCS-NPCS-NPMF-4-CO-NPSF-3-HPGR-CO-NPGO-NPDMUGO-MU-H-NPLO-NPLO-NPLO-NPLO-NPGR-NPCS-NPMF-4-NPMF-4-NPCS-CO-NPMF-4-NPMF-4-NPMF-4-CO-ETOD-DBETOD-NPCS-CO-NPMF-4-NPMF-4-CO-NPDMU-COMF-4-NPMF-4-NPSF-3-HMF-4-NPMF-4-CO-ETOD-DBETOD-NPMF-4-ETOD-DBETODMF-4-NPGO-NPMF-4-NPCS-CO-NPDMU-CUREMF-4-NPMF-4-NPCSMF-3-ETOD-DBETODDMU-COMF-4-CO-NPCS-NPMF-4-NPMF-4-NPCSSF-3-CO-NPGR-H-CO-NPMF-4-NPCS-NPGOSF-3-HGO-MU-H-CO-ETOD-DBETODSF-3-HMF-5SF-3-HGO-ETOD-DBETODGO-ETOD-DBETODCS-CUREGO-ETOD-DBETODGO-ETOD-DBETODMF-4-NPDMU-COCS-CO-NPGOMF-4-NPMF-4-CO-NPMF-4-CO-NPGOGO-ETOD-DBETODGO-NPCS-NPLO-V-ETOD-DBETODSF-3-HLO-ETOD-DBETODDMU-H-CO-ETOD-DBETODCS-MU-CO-NPGODMU-COMF-4-CO-NPLO-ETOD-DBETODCBD-ETOD-DBETODCS-MU-NPDMU-CODMU-COCS-MUGOMF-3-ETOD-DBETOD-NPLO-ETOD-DBETODGO-ETOD-DBETODDMU-CO-ETOD-DBETODCS-1MF-4-CO-ETOD-DBETOD-NPMF-4-CO-NPCBD-CODMU-H-ETOD-DBETODSF-3-HMF-4-NPMF-4-NPMF-4-NPMF-4-NPLO-H-ETOD-DBETODMF-4-NPCS-1-NPLO-H-NPDMU-CO-ETOD-DBETODCS-ETOD-DBETODLO-ETOD-DBETODLO-H-ETOD-DBETODLO-ETOD-DBETODLO-NPGO-MUDMU-CO-ETOD-DBETODMF-6-CO-ETOD-DBETODGO-H-NPNO-NPDMU-HDMU-HSF-3GO-V-ETOD-DBETODMF-4-CO-ETOD-DBETOD-NPGODMU-HLO-NPDMU-COGO-H-ETOD-DBETODSF-3-HGO-MU-NPDMU-COLO-ETOD-DBETODMF-4-H-NPMF-4-H-NPMF-4-H-NPMF-5MF-4-H-NPLO-H-ETOD-DBETOD-NPUNZCS-MU-NP/MF-6-CO-NPGO-CO-ETOD-DBETOD-NPDMU-COGO-ETOD-DBETODCSGO-H-ETOD-DBETODGO-ETOD-DBETODDMU-COGO-MUGO-HSF-3-CO-NPDMU-H-CONO-H-CO-ETOD-DBETODDMULO-H-ETOD-DBETODGO-ETOD-DBETODLO-MU-V-ETOD-DBETODGO-H-ETOD-DBETODGO-ETOD-DBETODGO-ETOD-DBETODGO-ETOD-DBETODMF-4-ETOD-DBETODCS-1-NPGO-MU-H-NPDMU-ETOD-DBETODGO-ETOD-DBETODLO-H-ETOD-DBETODLO-H-ETOD-DBETODLO-MU-CO-ETOD-DBETODDMU-H-ETOD-DBETODGO-V-ETOD-DBETODGO-ETOD-DBETODCS-1-NPGO-MU-H-CO-NPLO-ETOD-DBETODDMU-CO-ETOD-DBETODGR-MU-H-CO-NPGR-MU-NPGO-H-ETOD-DBETODGO-MU-ETOD-DBETODDMU-CO-ETOD-DBETODDMU-COGO-H-ETOD-DBETODGO-MU-ETOD-DBETODSF-3CS-1-CO-NPGR-MU-CO-NPW Martin Luther King Jr Blvd and Nueces Street±This product has been produced by Planning Department for the sole purpose of geographic reference. No warranty ismade by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:MANAGER:C14-2025-0090601, 607, 611, and 619W Martin Luther King Jr Blvd;1809 Rio Grande St; 1806 Nueces St0.9505 AcresCynthia HadriCreated: 9/23/2025SUBJECT TRACTZONING BOUNDARY!!!!!PENDING CASECREEK BUFFER1inchequals400'13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 912 of 43November 18, 2025 Ms. Lauren Middleton-Pratt, Planning Director City of Austin Planning Department Permitting and Development Center (PDC) 6310 Wilhelmina Delco Drive Austin, TX 78752 Via Electronic Delivery Re: Martin Luther King Jr Boulevard and Nueces Street (C14-2025-0090) – Zoning application for the 0.9505-acre combined properties located at 601, 607, 611, 619 W Martin Luther King Jr Blvd, 1809 Rio Grande St and 1806 Nueces St, comprised of TCAD IDs: 0210020605, 0210020604, 0210020603, 0210020602, 0210020601 and 0210020606 (the "Property") Dear Ms. Middleton-Pratt: As representatives of the owners of the Property, we respectfully submit the enclosed rezoning application package. The project is titled Martin Luther King Jr Boulevard and Nueces Street and is 0.9505-acres of combined land, located on the south side of W Martin Luther King Jr Boulevard between Nueces Street and Rio Grande Street. The Property is in the Full Purpose Jurisdiction of the City of Austin. The Property is currently zoned CS and CS-MU (General Commercial Services – Mixed Use) The requested zoning is DMU – CO (Downtown Mixed Use – Conditional Overlay) Per Zoning Ordinance No. 20101028-055, conditional overlays apply on 1800 Nueces Street (southern half of the block). We propose the following to apply to all the lots of this application: 1. The following uses are prohibited uses of the Property: a. Automotive rentals b. Automotive sales c. Bail bond services Laundry service d. e. Maintenance & service facilities f. g. Automotive repair services h. Automotive washing (of any type) i. j. k. Vehicle Storage Limited warehouse and distribution Pawn shop services Service station 2. Exterminating services use is a conditional use of the Property. The Property is not located in a Neighborhood Planning Area (NPA). The eastern half of the Property is located within the Downtown Density Bonus Overlay. Exhibit C 2705 Bee Caves Road Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 913 of 43A Zoning Traffic Analysis (ZTA) is required per the Transportation Department Services. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Page 2 Sincerely, Leah M. Bojo cc: Joi Harden, Planning Department (via electronic delivery) Cynthia Hadri (via electronic delivery) 2705 Bee Caves Road Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 914 of 43ORDINANCE NO. 20101028-055 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 1800 NUECES STREET FROM GENERAL OFFICE (GO) DISTRICT TO DOWNTOWN MIXED USE-CONDITIONAL OVERLAY (DMU-CO) COMBINING DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base district from general office (GO) district to downtown mixed use- conditional overlay (DMU-CO) combining district on the property described in Zoning Case No. C14-2010-0035, on file at the Planning and Development Review Department, as follows: A 0.118 acre tract of land, more or less, out of Outlet 26, Division "E", City of - Austin, Texas, the tract of land being more particularly described by metes and bounds in Exhibit "A" incorporated into this ordinance (the "Property"), locally known as 1800 Nueces Street, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "B". PART 2. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: A. The following uses are prohibited uses of the Property: Automotive rentals Automotive sales Bail bond services Laundry service Maintenance & service facilities Service station Automotive repair services Automotive washing (of any type) Cocktail lounge Limited warehouse and distribution Pawn shop services Vehicle storage B. Exterminating services use is a conditional use of the Property. C. The maximum height of a building or structure is 60 feet from ground level. D. The minimum rear yard setback is 5 feet. Exhibit D Page 1 of 2 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 915 of 43E. The minimum interior side yard setback is 5 feet. Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the downtown mixed use (DMU) base district, and other applicable requirements of the City Code. PART 3. This ordinance takes effect on November 8, 2010. PASSED AND APPROVED October 28 2010 § : Leffingwell Mayor N n >^ ' Shirley A. Gentry City Clerk APPROVED: I fli^W II -I i M / AT T E S T: ' Taren M. Kejmard 'Acting Ci!y*Attorney Page 2 of 2 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 916 of 43BEING A 5,159 SQUARE FOOT TRACT OP LAND OUT OF OUTLOT 26. DIVISION "E" OF AUSTIN, TEXAS, BEING MORE PARTICULARLY DE- SCRIBED BY METES AND BOUNDS AS FOLLOWSt BEGINNING, at a 1/2 inch iron rod set at the North inter- section of West 18th Street and Nueces Street, same being the South corner of this tract; THENCE, along the North Right-of-Way lino of West 18th Street, North 69' 21' West, 104.13 feet to a iron pipe found same being the West cornar of this tract; THENCE, North 21° 15' Bast, 49.51 feet to a 1/2 inch iron rod found; THENCE, South 69* 40' Bast, 103.07 feet to a nail set on the West Right-of-Way line of Nueces Street; THENCE, along the West Right-of-Way line of Nuecea street, South 20* 00' West ,'50.06 feet to POINT OF BEGINNING containing 5,159 square feet (0-118 Acres} of land more or less. 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 917 of 43N A " = 200' SUBJECT TRACT • ZONING BOUNDARY PENDING CASE OPERATOR: S. MEEKS ZONING CASE#: ADDRESS: SUBJECT AREA: GRID: MANAGER: C14-2010-0035 1800NUECESST 0.118 ACRES J23 C. PATTERSON This map has been produced by G.I.S. Services forlhe sole purpose of geographic reference, No warranty is made by the City of Austin regarding specific accuracy or completeness. 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 918 of 43Judges Hill District • ® Uptown/Clapitol Distri ® UT/ Northeast District @ Northwest District 11th St . .; � !Ii < I I!' 61hSt. G) Core bWaterfront !strict ® Lower Shoal Creek District Cesar 0- St. Walffloo © Park Waller Creek District J "!l "' 1 l V Palm Park ,,_ Driskill St ,. �Cf;, 84-Cf lq..fe Downtown Districts Map 9! __ , Exhibit E 32 DOWNTOWN AUSTIN PLAN 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 919 of 43- Proposed change to CBO No hf!igh1 t,mlt I Maximum FAA � 8.0 - OMU 60 (CS, GO, MF-4, GR) . 60' heightlimit/ Maximum FAR a 1,0 • 2.0 r_· - OMU 40 (LO, NO, LR, MF-3) 40' hei9h1 limit/ Maximum FAR• 1.0 - Proposed change to P Counry-owned P<OPe<t\' subject to MasierPlan Proposed Downtown Zoning Changes THE PLAN ELEMENTS: ACTIVITIES AND USES 79 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 920 of 43(4) The maximum heights and maximum floor-to-area ratios on Figure 2 do not modify a site's primary entitlement. If the maximum height or maximum floor-to-area ratio allowed under a 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 921 of 43Exhibit F 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 922 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 923 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 924 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 925 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 926 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 927 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 928 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 929 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 930 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 931 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 932 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 933 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 934 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 935 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 936 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 937 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 938 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 939 of 4313 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 940 of 43January 16, 2026 To Whom it May Concern Sent by email only to: Megan Meisenbach at Subject: Environmental Evaluation of Former Jack Brown Cleaners Site 615 W. Martin Luther King, Jr. Blvd.; Austin, Texas Dear Ms. Meisenbach: As you requested, this letter report summarizes the results of my evaluation of environmental conditions and potential human health effects due to releases of dry cleaning chemicals from the former Jack Brown Cleaners (JBC) property (Site) located at 615 W. Martin Luther King, Jr. Blvd in Austin, Texas. I summarize background information regarding the Site history, presence of dry cleaning chemical contamination in soil and groundwater at the Site and at nearby properties, regulatory status with the Texas Commission on Environmental Quality (TCEQ), and environmental risks if the Site is redeveloped for commercial or residential use. Summary and Conclusions From my review of the JBC Site VCP documents, I draw the following conclusions: ▪ The Site soil and groundwater are contaminated with high concentrations of the dry cleaning chemical Tetrachloroethylene (PCE) and its degradation by-product chemicals, including Trichloroethylene (TCE) and Vinyl Chloride (VC). The chemicals are present at levels exceeding indoor air human health limits for vapor migration into current and future buildings. Further, PCE in groundwater has exceeded TCEQ limits for outdoor air exposures. It is notable that the U.S. Environmental Protection Agency is sufficiently concerned about PCE’s toxicity (and that of TCE and VC) that the agency is phasing out nearly all uses of this chemical. ▪ It is my opinion that the Texas Commission on Environmental Quality (TCEQ) inappropriately approved JBC’s request to cease Site cleanup and monitoring. The Voluntary Cleanup Program (VCP) Certificate of Completion granted to JBC means that they and future property owners have no further obligations to cleanup and protect on-site residents, visitors, and workers from cancer risks despite the potential that indoor and outdoor air quality could exceed human health safe limits. ▪ Regardless of TCEQ’s previous actions, future development plans for the JBC property should address these potential human health risks that likely will remain for decades unless the Site is properly remediated or building measures incorporated to prevent migration of toxic chemical gases into the buildings. In addition, the property owner should prevent outdoor air exposures, especially to workers who could contact contaminated soil and groundwater and breathe toxic vapors. Operational and Environmental History of the Site Dry cleaning operations under various business names are reported to have begun in 1950 and continued for an unknown period but at least until 2003 when JBC enrolled the Site into the VCP. The dry-cleaning facilities used chemical solvents, including the known human carcinogen Tetrachloroethylene (PCE, perc). PCE can 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 941 of 43 Environmental Evaluation of Former Jack Brown Cleaners Site January 16, 2026 Page 2 degrade and be transformed by bacteria into degradation by-products such as Trichloroethylene (TCE) and Vinyl Chloride (VC), which likewise are known to cause cancer from exposure to very low environmental concentrations in water, air, and skin contact. PCE and associated chemicals were discovered at the Site in 2003 during an environmental assessment conducted by a possible purchaser of the property. JBC subsequently performed additional soil and groundwater investigations to define the horizontal extent of soil and groundwater contamination on their own property and on neighboring properties to the east and south. They claimed that chemical releases to the subsurface originated from chemical storage tanks in the Site basement. Their studies showed that soil and groundwater concentrations on-site exceeded TCEQ limits even under the relaxed standards for groundwater that was deemed to not be a potential source of drinking water (known as a Class 3 groundwater). TCEQ did not require JBC to evaluate the potential that contaminant vapors could migrate from soil and underlying groundwater into indoor air within buildings present then or in the future. I believe this omission was an inappropriate oversight by TCEQ and that building indoor air vapor migration risks should have been assessed due to the highly toxic nature of PCE, TCE, and VC for human inhalation and because of the high concentrations in soil and groundwater. JBC’s own vapor monitoring data from vent points in the basement showed very high vapor concentrations of over 900 parts per million. Further, groundwater lab data provide strong evidence that PCE is present in groundwater, not only dissolved in the water but also as a separate- phase PCE liquid. Consequently, it is my opinion that PCE will continue to dissolve into groundwater and volatilize (i.e., evaporate) vapors into subsurface air space for decades into the future. PCE, TCE, and VC groundwater concentrations at the Site have exceeded U.S. Environmental Protection Agency (EPA) Resident Vapor Intrusion Screening Levels (VISLs). TCE in groundwater also exceeded TCEQ limits for outdoor air exposure. JBC removed the basement concrete floor and excavated contaminated soil and weathered limestone bedrock underneath, which they hauled off-site for disposal. Because contamination remained in the soil and bedrock following excavation, JBC installed a perforated pipe vapor venting system to remove contaminant vapors. A new basement concrete floor was installed over the vapor collection system. They also collected and analyzed groundwater samples periodically from monitoring wells installed on-site and off-site. The groundwater lab data showed little reduction in concentrations over time, although transformation to degradation by-products is evident, including VC which is even more toxic than PCE. TCEQ Site Status JBC enrolled the Site into TCEQ’s Voluntary Cleanup Program (VCP) as Site No. 1658. The VCP affords successor property owners with legal protections against TCEQ enforcement provided the Site is remediated or controlled to the TCEQ’s satisfaction under relevant agency rules and guidance. In 2020, JBC reevaluated the groundwater classification from Class 3 to “non-groundwater bearing unit”, which had the effect of allowing JBC to terminate all ongoing cleanup activities. As a result, JBC received a VCP Certificate of Completion (COC) from TCEQ indicating that no further action was required at the Site. 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 942 of 43 Environmental Evaluation of Former Jack Brown Cleaners Site January 16, 2026 Page 3 I believe TCEQ should not have issued the Certificate without addressing the vapor indoor migration risk or the risk of outdoor air exposure, as described above. Potential Effects on the Site if Redeveloped If a property owner develops the Site for occupancy by residences or commercial buildings, it is my opinion that physical barriers and/or an air venting system beneath the foundation may be necessary to prevent toxic vapor migration into buildings and other enclosed breathing spaces. Additionally, it is my opinion that TCEQ should have required JBC to apply land use controls to the property deed and a site management plan to prevent contamination exposure to on-site workers via contact with vapors in work spaces and contact with groundwater, such as in subsurface excavations (note that groundwater is very shallow at less than 2 feet deep at times). As indicated above, there may be an ongoing potential risk to human health at the Site from inhalation of TCE vapors in outdoor air, a risk that, in my opinion, has not been adequately addressed by JBC and TCEQ. Brad Snow, P.E., P.G. Qualifications and Experience My professional background consists of 43 years of environmental experience focused on investigation, human health and ecological risk assessment, and cleanup of industrial and commercial properties contaminated with a wide variety of chemicals throughout the U.S. and internationally. I am a licensed Professional Engineer and Professional Geologist in multiple states, including Texas. I earned B.S. and M.S. degrees in Geological Engineering from the Missouri University of Science & Technology. _________________________________________________________________________________________ If you have any questions about this letter, please do not hesitate to contact me at 512.705.0010 or brad@snowenv.com. Thank you. Sincerely, Snow Environmental Solutions, LLC Brad L. Snow, P.E., P.G. Senior Consultant and President (Signed 1/16/2026) 13 C14-2025-0090 - West Martin Luther King Jr Blvd and Nueces Street; District 943 of 43