16 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 9 - Public Comment — original pdf

Backup

January 16, 2026 (revised 2/27/2026) To Whom it May Concern Sent by email only to: Megan Meisenbach at meganmeisenbach05@gmail.com 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, TCE in groundwater has exceeded TCEQ limits for outdoor air exposures. It is notable that the U.S. Environmental Protection Agency is sufficiently concerned about TCE’s toxicity (and that of PCE 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 16 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 91 of 15Environmental Evaluation of Former Jack Brown Cleaners Site January 16, 2026 (rev. 2-27-2026) 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. 16 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 92 of 15 Environmental Evaluation of Former Jack Brown Cleaners Site January 16, 2026 (rev. 2-27-2026) 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) 16 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 93 of 15 Thursday, March 5, 2026 at 2:33:52    PM Central Standard Time PM Central Standard Time PM Central Standard Time PM Central Standard Time Thursday, March 5, 2026 at 2:33:52 Thursday, March 5, 2026 at 2:33:52 Thursday, March 5, 2026 at 2:33:52 Subject: Subject: SP-2026-0048C.CP for Back-up Environmental Evaluation of the Site Subject: Subject: Date: Wednesday, March 4, 2026 at 12:22:25 PM Central Standard Time Date: Date: Date: From: Megan Meisenbach From: From: From: To:To:To:To: Rousselin, Jorge External Email - Exercise Caution Now combined Commission into one case labeled  SP-2026-0048C.CP for the Planning This case was on the Austin City Council’s Agenda and was called (Items 77  C14- 2025-0090  and  78  C14-2025-0093) asking for upzoning to downtown mixed-use (DMU) of property that includes the site of Jack Brown Cleaners on Martin Luther King and Nueces.     The current zoning of the Jack Brown Cleaners site is CS which allows buildings of 60 feet, the DMU zoning would allow 120 feet, but the applicant indicated that it will ask for more density bonuses from the council  to take the proposed zoning to 433 feet of mixed use development.   They propose two towers, on 37 stories and the other 34 stories.  That is 44% taller than the private Dobie dorm on the UT campus. Besides concerns about the appropriateness of the proposed buildings' heights, there are environmental concerns.   The site is located in the Shoal Creek Watershed of the Colorado River Basin.   A licensed professional engineer and professional geologist issued a January 2026 report (pg4-6) with these conclusions, among others: “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… 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 1 of 3 16 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 94 of 15  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...” Accordingly, questions remain whether the site has been or will be appropriately remediated or development plans required to address any potential human health risks. The planning commission denied the community’s request to postpone the case for additional environmental review, reasoning that any unresolved environmental contamination was unrelated to the grant of additional zoning entitlements to the developer. Under the city process, environmental contamination issues can be addressed during site plan review after the developer has been granted zoning for the project. However, there is no However, there is no However, there is no However, there is no public notice, hearing, or community input available at this stage. public notice, hearing, or community input available at this stage. public notice, hearing, or community input available at this stage. public notice, hearing, or community input available at this stage. Write the Council and ask them to postpone the zoning case as necessary to determine whether there is any “ongoing potential risk to human health” posed by the site before the zoning entitlements are granted, or minimally, to require stah to provide their findings and recommendations regarding environmental contamination and remediation to the Council and interested parties thirty days before any site plan approval, so that the community is ahorded an opportunity for review and input. Community Not Commodity 2 of 3 16 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 95 of 15         CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". 3 of 3 16 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 96 of 15  Thursday, March 5, 2026 at 2:30:58    PM Central Standard Time PM Central Standard Time PM Central Standard Time PM Central Standard Time Thursday, March 5, 2026 at 2:30:58 Thursday, March 5, 2026 at 2:30:58 Thursday, March 5, 2026 at 2:30:58 Subject: case # SP-2026-0048-C.CP Subject: Subject: Subject: Date: Date: Date: Date: From: From: From: From: To:To:To:To: Thursday, March 5, 2026 at 2:14:00 PM Central Standard Time Jo Howard Rousselin, Jorge External Email - Exercise Caution I am writing to express my concerns about the drastic neight and resulting incompatibility of this project. I live in a State and City landmarked historic house 200' from the project.  There are at least 8 other such properties near the project, several even closer than my own.  I fear a 445' tall building will overwhelm and minimize the importance of some of Austin's most historic assets. These proposed twin towers abut the historic Judges Hill District which was to be protected under the Downtown Austin Plan--a compromise reached after months of work by the City and the community.  The vision was to decrease building heights as one moved further from downtown and closer to Judges Hill District.  These twin towers will leap up out of nowhere to over 400', dwarfing everything around it, including the new courthouse, all buildings in UNO, and the beloved University of Texas Tower. I ask you to reject this request. Thank you, Jo Sue Howard CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". 1 of 1 16 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 97 of 1516 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 98 of 1516 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 99 of 1516 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 910 of 1516 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 911 of 1516 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 912 of 1516 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 913 of 1516 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 914 of 1516 SP-2026-0048C.CP - W. Martin Luther King Jr. Boulevard & Nueces Street; District 915 of 15