06 C14-2025-0023 - 4109 Marathon; District 10 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: 4109 Marathon (C14-2025-0023) DISTRICT: 10 ADDRESS: 4107, 4109, 4109 ½ Marathon Boulevard ZONING FROM: LO-ETOD-DBETOD TO: LR-ETOD-DBETOD SITE AREA: approximately 0.349 acres (approximately 15,200 square feet) PROPERTY OWNER: Fadana Real Estate, LLC AGENT: Armburst & Brown, PLLC (Michael Whellan) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting neighborhood commercial-equitable transit oriented development- density bonus equitable transit oriented development (LR-ETOD-DBETOD) combining district zoning. For a summary of the basis of Staff’s recommendation, please see the basis of recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: April 8, 2025: Case is scheduled to be heard by the Planning Commission CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: TBD ISSUES: None CASE MANAGER COMMENTS: The subject tract currently contains a long covered, fenced, screened temporary garage structure, small 1-story store of approximately 1,400 square feet with approximately 4,300 square feet of paved area. It is located fronting Marathon Boulevard to the west, an ASMP level 1 street. Just across an alley to the east is a small automobile dealership, which fronts Lamar Boulevard to the east. The applicant’s requested zoning already exists on the tract immediately to the south, however there is a conditional overlay on that tract that prohibits drive-through facilities on the property. The parcel immediately to the south does contain off-street parking. It is noted that the subject tract is within the ETOD overlay and is less than 500 feet from two Imagine Austin Corridors: North Lamar Boulevard to the east and Medical Parkway to the west. BASIS OF RECOMMENDATION: Zoning should allow for reasonable use of the property. There is off-street parking on tracts immediately to the north and south of the subject tract. Granting this rezoning request on the subject tract for off-street accessory parking would be reasonable in light of off-street parking being present on those tracts. The tract to the north is a two-story office and it 06 C14-2025-0023 - 4109 Marathon; District 101 of 11C14-2025-0023 2 abuts single family zoned property. The subject tract abuts more intense CS-V-ETOD-DBETOD zoning to the east and properties used as offices to the west, no single-family zoning. Granting of the request should result in an equal treatment of similarly situated properties. The applicant’s requested zoning already exists on the tract immediately to the south, however there is a conditional overlay on that tract that prohibits drive-through facilities on the property. The parcel immediately to the south does contain some off-street parking. EXISTING ZONING AND LAND USES: Site LO-ETOD-DBETOD Long covered, fenced, screened temporary garage structure, small 1-story store of approximately 1,400 square feet with approximately 4,300 square feet of paved area. LAND USES ZONING North LO-ETOD-DBETOD 2-story small office, approximately 9,100 square feet with South East (across alley) West (across Marathon Blvd. LR-CO-ETOD- DBETOD approximately 8,600 square feet of paved area. First Citizens Bank, approximately 6,700 square feet 2-story bank branch with approximately 8,300 square feet of paved area. Auto dealership, approximately 10,000 square feet with approximately 3,200 square feet of paved area. A small 1-story office, approximately 3,500 square feet with approximately 1,000 square feet of paved area. LO-ETOD-DBETOD Two small two-story offices, one in a single-family home. CS-V-ETOD- DBETOD Approximately 2,000 square feet and 1,000 square feet respectively. One of the two offices has approximately 3,500 square feet of paved area which appears to be being used for off street parking. NEIGHBORHOOD PLANNING AREA: Rosedale Neighborhood Planning Area, however, this is identified as a future planning area and there is no adopted neighborhood plan. WATERSHED: Waller Creek Watershed SCHOOLS: A.I.S.D. Bryker Woods Elementary School O Henry Middle School Austin High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Neighborhood Council, Friends of Austin Neighborhoods, Homeless Neighborhood Association, North Austin Neighborhood Alliance, Preservation Austin, Rosedale Neighborhood Association, Save Our Springs Alliance, Shoal Creek Conservancy 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 *: 06 C14-2025-0023 - 4109 Marathon; District 102 of 11C14-2025-0023 3 • Adjacent to Lamar Boulevard Activity Corridor and Burnet Road Activity Corridor rail station. Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light • 0.08 miles to bus stop along Burnet Rd at the intersection of 41st St; 0.16 miles to bus stop along N Lamar Blvd Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk present along Marathon Blvd Y Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. • Goods and Services present within 0.5 miles along N Lamar Blvd Y Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. • 0.2 miles to Central Market along N Lamar Blvd Connectivity and Education *: Located within 0.50 miles from a public school or university. Y Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 0.4 miles to Ramsey Neighborhood Park Y 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.) • 0.5 miles to Ascension Seton Medical Center; 0.3 miles to Heart Hospital of Austin. Additional medical services present near intersection of 38th St and N Lamar. 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. Mixed use *: Provides a mix of residential and non-industrial uses. Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). 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 particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. Y Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone 8 Number of “Yes’s” AREA CASE HISTORIES: Number Request Commission City Council 06 C14-2025-0023 - 4109 Marathon; District 103 of 11C14-2025-0023 4 C14-2019-0066 (Lamborghini Dealership – Aux Com Lot) – a portion of this site is included in this request) C14-2018-0044 (First Citizens Bank) The Applicant proposes to rezone approximately 7,600 square feet from LO to GR. Note: On May 28, 2019, the Applicant amended the rezoning request to GR-CO with the CO for a list of prohibited uses. The applicant is proposing to rezone from LO to CS. Request amended to LR on 08-30-18. Case Expired August 2, 2020 10.04.2018: To grant LR-CO was approved on Council Member Pool’s motion, Council Member Renteria’s second on a 10-0 vote. Council Member Troxclair was absent. 08.07.2018: To grant LR-CO with a CO to prohibit drive through facilities. Motion by Commissioner Greenberg, seconded by Commissioner Duncan, Vote 7-2. Commissioner Breithaupt and Lavani voted nay. Commissioner Evans was absent. RELATED CASES: C14-2019-0066 (Lamborghini Dealership – Aux Com Lot) – see area case histories section above. This case expired on August 2, 2020, but does include a portion of the subject tract within its boundaries. ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 4107 MARATHON BOULEVARD. C14-2025-0023. Project: 4109 Marathon. 0.349 acres from LO-ETOD-DBETOD to LR-ETOD-DBETOD. Existing: retail. Proposed: retail and temporary off-site accessory parking lot. Note that the ETOD Overlay (Ordinance 20240516- 005) may apply to this proposal. 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 *: • Adjacent to Lamar Boulevard Activity Corridor and Burnet Road Activity Corridor light rail station. Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or • 0.08 miles to bus stop along Burnet Rd at the intersection of 41st St; 0.16 miles to bus stop along N Lamar Blvd Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk present along Marathon Blvd 06 C14-2025-0023 - 4109 Marathon; District 104 of 11C14-2025-0023 5 Y Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. • Goods and Services present within 0.5 miles along N Lamar Blvd Y Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. • 0.2 miles to Central Market along N Lamar Blvd Connectivity and Education *: Located within 0.50 miles from a public school or university. Y Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 0.4 miles to Ramsey Neighborhood Park Y 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.) • 0.5 miles to Ascension Seton Medical Center; 0.3 miles to Heart Hospital of Austin. Additional medical services present near intersection of 38th St and N Lamar. 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. Mixed use *: Provides a mix of residential and non-industrial uses. Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). 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 particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. Y Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone Number of “Yes’s” 8 Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Waller 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. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is no floodplain within or adjacent to the project location. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 06 C14-2025-0023 - 4109 Marathon; District 105 of 11C14-2025-0023 6 5. 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. 6. 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. 7. 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 No comments on rezoning. PARD – Planning & Design Review PR1: Parkland dedication fees may apply to any future site or subdivision applications resulting from this rezoning. As of January 1, 2024, new commercial non-residential uses are not subject to parkland dedication requirements at the time of site plan and subdivision. Site Plan ETOD SP1 The proposed use, if it serves the existing auto sales, is prohibited in 25-2-653. Auto sales are not permitted uses in ETOD/DBETOD districts. A certification letter from the Housing Department is required before filing for a site development permit. SP2 Development Standards: SP6 SP7 This site must meet affordability minimums per LDC 25-2-654 to be eligible for DBETOD. A signed approval letter from the Housing Department will be required with site plan submittal. Subchapter E applies to this site to the extent of conflict Marathon is your Principal Street for this site. 75% of the building frontage will be required to be commercial or civic uses. FYI: No more than two floors may include non-residential uses. FYI: Cocktail lounges and performance venues can only be located on the first or second story. FYI: No residential uses may be located below a cocktail lounge or performance venue. FYI: Subdistrict 1 building height is limited to a maximum of 60’ over base zoning, up to 120’ FYI: Subdistrict 2 building height is limited to a maximum of 30’ over base zoning, up to 90’ ADMINISTRATIVE COMMENTS 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. There is a site plan currently under review for this property (SPC-2019-0551A) which provides for auto sale uses, along with associated parking and drainage facilities. DBETOD SP3 SP4 SP5 SP8 SP9 SP10 SP11 SP12 SP13 06 C14-2025-0023 - 4109 Marathon; District 106 of 11C14-2025-0023 7 Transportation and Public Works Department (TPW) – Engineering Review TPW 1. The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for Marathon Blvd. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated according to the ASMP with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. EXISTING STREET CHARACTERISTICS: Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Required ROW Capital Metro (within ¼ mile) Marathon Blvd. Level 1 58’ 61’ 40’ No No Yes TIA: A traffic impact analysis for this site is not required, the traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code. Austin Water Utility AW1. No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. 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 06 C14-2025-0023 - 4109 Marathon; District 107 of 11CHURCH & 94-0059 ( ( LO-MU-CO-ETOD-DBETOD ( ( ( ( LO-ETOD-DBETOD ( ( D U P LE X ( ( ( ( ( ( E V E A U LV ( L E B ( SF-3 SF-3 ( ( ( ( ( SF-3 SF-3 E V E A L L E B Y A M 84-277 ( NO ( ( ( ( 89-115 ( ( 82-19 ( ( ( ( ( D LV N B O H AT R A M ( SF-3 ( ( ( ( ( ( ( W 45T H S T G O O D S E R VIC WILL E S CS-V-ETOD-DBETOD ( 75-18 ( SF-3 CS-1-V-ETOD-DBETOD ( C14-2008-0004 D LV R B A M A N L CS-V-ETOD-DBETOD ( UNZ C14-04-0012 MF-6-CO-ETOD-DBETOD C14-2011-0109 SP-87-019 87-091 RC UNZ GO-ETOD-DBETOD G UID C E N T E R A N C E ( SF-3 ( ( ( SF-3 ( ( ( ( ( SF-3 ( ( ( C14H-2021-0013 SF-3-H ( ( ( ( RAMSEY R ETAIL A G E N C Y OFFICE CS O FFIC E ( T. S E R LR H C R U H C CS S H O P P E T C H U R C H O FF. CS 72-21 79-168 ( ( LR OFF. 98-0045 C14-98-0045 ( O FF. S LO C14-95-0151 ( 95-0151 ( T RIS O FL ( P-96-0076 C ( ( ( SF-3 ( ( ( ( 82-196 ( O PTIC AL VA C. 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T P A ( ( ( ( ( ( SF-3 ( ( X LE P U D ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( D U P ( LE X D U ( PLE X SF-3 8 4 0 - 2 8 ( ( D U PLE X FLORIST ( ( ( ( ( ( ( ( ( ( 72-17 N Y L E AIL B ( ( ( 72-48 74-168 73-113 MF-3 74-168 ( 4 1-7 6 70-113 ( ( SF-3 ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( L R T A W A K N O T ( ( SF-3 ( SH O P PIN G C W 39T H ST ENTE R 76-40 ( LO LO-V C14-2008-0004 74-96 GR-V-ETOD-DBETOD FFIC O E GR-ETOD-DBETOD LO CS-1-V 87-147 LR-V-ETOD-DBETOD O FFIC E SF-3 84-010 84-192 C14-2017-0152 CLINIC GR-ETOD-DBETOD LR-ETOD-DBETOD SP84-124 O E Q UIP. FFIC E O FFIC E C14-2008-0004 CS-V-ETOD-DBETOD SH R ETAIL O P R O FFIC ESTR. E S P H O A R M FFIC A C Y E G PIN P O H S 87-150 85-302 GR-V-ETOD-DBETOD C14-2008-0004 CS-V-ETOD-DBETOD C14-2008-0004 CS-V-ETOD-DBETOD 2008-0004 C14-2008-0004 CS-V-ETOD-DBETOD SP91-0318C RETAIL STRIP PUD SP91-0228C GO-V-NP C14-2008-0003 MEDICAL ± OFFICES/FACILITIES PUD-NP C814-92-0006.02 SETON HOSPITAL COMPLEX S H O P PIN G C E N TE R W 38T H S T G KIN R PA SP97-0165C C814-88-0002 C14-2008-0003 CS-V-ETOD-DBETOD-NP CS-ETOD-DBETOD-NP C14-04-0021 C14-2007-0262 CS-V-CO-ETOD-DBETOD-NP SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2025-0023 AUSTIN STATE HOSPITAL UNZ AUSTIN STATE HOSPITAL T E S P U L A D A U G C14-2007-0263 C14-01-0046 C14-01-0046.01 CS-V-NCCD-ETOD-DBETOD-NP C14-2007-0263 C14-2017-0153 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 the approximate relative location of property boundaries. 1 " = 400 ' 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. Created: 2/12/2025 06 C14-2025-0023 - 4109 Marathon; District 108 of 11!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(C14-2025-0023C14-04-0012C814-92-0006.02C14-2008-0004C14-01-0046C14-2008-0004C14-2008-0004C14-2008-0003C14-2008-0004C14-01-0046.01C14-2008-0004C14-2008-0003C14-2011-0109C14-2008-0004C14-2008-0004C14-95-0151C14-98-0045C14-2008-0004C14-04-0021C14-2018-0044C14-2017-0152C14-2008-0004C14-2008-0004C14-2008-0004C14-2007-0263C14-2009-0146C14-95-0130C14-97-0004C14-2007-0263C14-05-0080C14-2007-0074C14-2024-0068C14H-2021-0013C14-2007-0262C14-95-0200C14-2017-0153N LAMAR BLVDMEDICAL PKWYW 42ND STW 44TH STBURNET RDW 45TH STMARATHON BLVDW 38TH STROSEDALE AVEW 40TH STBELLVUE AVEBAILEY LNW 43RD STW 39TH HALF STRAMSEY AVELEWIS LNW 39TH STW 41ST STMAYBELLE AVETONKAWA TRLSINCLAIR AVEW 43RD STW 40TH STW 41ST STUNZPUDUNZSF-3LOSF-3UNZSF-3PUD-NPSF-3CSSF-3SF-3SF-3SF-3SF-3SF-3SF-3SF-3SF-3LOSF-3SF-3CSMF-4SF-3SF-3SF-3SF-3SF-3LO-VSF-3SF-3SF-3SF-3CSLRSF-3SF-3UNZLRGRSF-3MF-3GO-ETOD-DBETODGO-V-NPSF-3SF-3SF-3CSSF-3LOCSCSSF-3GRSF-3SF-3SF-3CS-1SF-3LOSF-3CS-ETOD-DBETODCS-V-ETOD-DBETODCS-V-ETOD-DBETODCS-V-ETOD-DBETODCS-V-ETOD-DBETODCS-V-ETOD-DBETODCS-V-ETOD-DBETODLOLR-ETOD-DBETODLO-ETOD-DBETODNOCS-V-ETOD-DBETODGR-ETOD-DBETODCS-ETOD-DBETODCS-V-ETOD-DBETODCS-V-ETOD-DBETODCS-V-ETOD-DBETOD-NPMF-6-CO-ETOD-DBETODCS-ETOD-DBETODLO-ETOD-DBETODSF-3LO-ETOD-DBETODSF-3CS-1-VSF-3LO-ETOD-DBETODLOLR-V-ETOD-DBETODMF-3-ETOD-DBETODLR-ETOD-DBETODCS-V-ETOD-DBETODSF-3-HLO-ETOD-DBETODLO-ETOD-DBETODPCS-ETOD-DBETODLR-CO-ETOD-DBETODLR-ETOD-DBETODLO-ETOD-DBETODCS-MU-CO-ETOD-DBETODLO-ETOD-DBETODGO-MU-COCS-V-ETOD-DBETODSF-3-HCS-V-NCCD-ETOD-DBETOD-NPGR-V-ETOD-DBETODGO-MU-CO-ETOD-DBETODLO-ETOD-DBETODGR-V-ETOD-DBETODGR-ETOD-DBETODLO-ETOD-DBETODLR-ETOD-DBETODCS-ETOD-DBETODCS-1-V-ETOD-DBETODCS-ETOD-DBETODLO-MU-CO-ETOD-DBETODLR-ETOD-DBETODCS-V-CO-ETOD-DBETOD-NPCS-ETOD-DBETOD-NPSF-34109 Marathon±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:C14-2025-00234107, 4109, and4109 1/2 Marathon Blvd0.349 AcresJonathan TomkoCreated: 3/4/2025SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER1 inch equals 400 '06 C14-2025-0023 - 4109 Marathon; District 109 of 11ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 February 27, 2025 Joi Harden, Planning Officer Planning Department 6310 Wilhelmina Delco Dr. Austin, Texas 78752 Subject: Rezoning for 4107, 4109, and 4109 ½ Marathon Blvd. (the “Property”) Dear Ms. Harden, On behalf of Fadana Real Estate, LLC (the “Owner”), I request that the city rezone the Property from LO-ETOD- DBETOD to LR-ETOD-DBETOD, changing the base zoning district from Limited Office (“LO”) to Neighborhood Commercial (“LR”). This letter replaces the letter dated July 15, 2024. This request will allow the Property to temporarily serve as off-site parking for a nearby use – an interim strategy that will allow the Owner to make use of the Property in the short term while planning for its future. The LR designation is consistent with other adjacent zoning and would require a future rezoning if the Owner sought a more intense development in the future. Case Background The Property is bounded on two sides by right-of-way (Marathon Boulevard to the west and an alleyway to the east) and is largely surrounded by commercially zoned property (with some limited single-family property across Marathon Boulevard and at the corner of Marathon Boulevard and West 42nd Street):  South (Abutting):  North (Abutting):  East (Across Alleyway):  West (Across Marathon): LR-CO-ETOD-DBETOD LO-ETOD-DBETOD CS-V-ETOD-DBETOD LO-ETOD-DBETOD, SF-3 To date, the Owner has used the Property primarily for small retail space – and, for a period of time, for unofficial off-site accessory parking related to a nearby auto sales use. The Owner is seeking rezoning to the LR zoning district to provide some modest site flexibility, such as reduced side setbacks, that would help them bring the Property into compliance so that they may use it as off-site accessory parking – until such time as they determine the Property’s long-term future use. Case Rationale Last year, Council rezoned the Property and surrounding properties for the Equitable Transit-Oriented Development Combining District (“ETOD”) and Density Bonus ETOD Combining District (“DBETOD”). The Owner recognizes that the city’s long-term vision for properties along North Lamar Boulevard is to transition to transit-oriented, mixed-use growth. In the meantime, the Owner would like to continue to use the Property for a lower-intensity use that maintains site flexibility – specifically, as off-site accessory parking. {W1207806.1} 06 C14-2025-0023 - 4109 Marathon; District 1010 of 11 The Owner believes that the requested LR-ETOD-DBETOD zoning is appropriate for three main reasons:    It is consistent with the surrounding land-use context and with precedent on Marathon Boulevard. The city has already zoned most of the block for commercial uses – including the neighboring parcels to the south, which already feature LR base zoning (the same base zoning the Owner is requesting in this case). Additionally, the tract to the north of the Property already features development up to the lot line, establishing precedent for more flexible setbacks. LR is a lower-intensity base zoning district. As noted, the Owner has not made final decisions regarding the Property’s future use. In recognition of this uncertainty, the Owner is only requesting a smaller-scale zoning designation that will allow for a lower-intensity interim use. Once the Owner has a clearer vision for the Property’s future use, they can then seek rezoning to the appropriate designation at that time. The requested use will still require a conditional use permit – and thus, additional city oversight. Council converted off-site accessory parking into a conditional use on all parcels designated for ETOD (which includes this Property). This provision will require the Owner to seek a conditional use permit, at the city’s discretion, in order to operate an off-site accessory parking use. We believe that our request for LR-ETOD-DBETOD zoning is reasonable, appropriate, and supported by the surrounding land-use context. I appreciate your consideration and am available if you have questions or if you would like to discuss this case further. Respectfully, Michael J. Whellan {W1207806.1} 4892-8705-9401, v. 5 06 C14-2025-0023 - 4109 Marathon; District 1011 of 11