04 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 10 - Staff Report — original pdf

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ZONING AND PLATTING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET CASE NUMBER: PROJECT NAME: SPC-2025-0320A 4109 Marathon Conditional Use Permit ZAP DATE: May 19, 2026 ADDRESS: 4109 Marathon Blvd COUNCIL DISTRICT: 10 APPLICANT: Fadana Real Estate, LLC (Fuad Fayad) AGENT: PROPERTY OWNER: ATX Permit & Consulting, LLC (Lila Nelson) (512) 657-7349 4408 Spicewood Spring Road Austin, Texas 78759 Fadana Real Estate, LLC (Fuad Fayad) 4108 N. Larmar Blvd Austin, TX 78756 CASE MANAGER: Randall Rouda Randall.Rouda@austintexas.gov (512) 978-3338 PROPOSED DEVELOPMENT: The applicant is requesting a conditional use permit to allow off-site accessory parking to serve an existing auto sales use. No construction is proposed with this Conditional Use Permit, however, one building will be demolished under a separately issued Site Plan Exemption and Demolition Permit. The existing paved surface will be striped for parking. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit with a Condition of Approval to require the installation of signage limiting the use of the Off-Site Accessory Parking area to employees, customers and guests and prohibiting the storage or display of vehicles for sale. PROJECT INFORMATION: SITE AREA: SITE’S ZONING WATERSHED WATERSHED ORDINANCE TRAFFIC IMPACT ANALYSIS Not required CAPITOL VIEW CORRIDOR PROPOSED ACCESS 7,579 square feet LR-ETOD-DBETOD Waller Creek (Urban) Comprehensive Watershed Ordinance FLOOR-AREA RATIO BUILDING COVERAGE IMPERVIOUS COVERAGE PARKING None Alley between Marathon Blvd. and Lamar Blvd. Allowed 0.5:1 50% 80% None Required 0:1 0% 80% 13 Proposed SUMMARY COMMENTS ON SITE PLAN: Land Use: The property consists of two lots. The zoning for both lots was recently changed from LO- ETOD-DBETOD to LR-ETOD-DBETOD. (Zoning Case No. C14-2025-0023, City Council Ordinance No. 04 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 101 of 114109 Marathon CUP SPC-2025-0320A 2 20250522-075). The Site is currently 100% paved and contains an existing storage building with a footprint of approximately 6,853 square feet. No Construction is proposed with this Conditional Use Permit, however, a Site Plan Exemption and Demolition Permit have previously been issued for the demolition of the existing building and removal of approximately 1,580 square feet of pavement adjacent to Marathon Boulevard. If the Conditional Use Permit is approved, the remaining paved area will be striped for parking. Access to the parking lot would be from the alley to the east of the site, between Lamar Boulevard and Marathon Boulevard. The property to be served is an existing automobile sales use located across the alley to the east, at 4108 North Lamar Boulevard. That property is in the CS-V-ETOD-DBETOD zone. The automotive sales use takes place entirely within an existing building, served by six parking stalls, each of which has direct access from Lamar Boulevard. The off-site accessory parking would add 13 parking stalls to be available for employees, and customers and guests. The off-site accessory parking use is a conditional use in the ETOD Overlay Zone, where otherwise permitted by the base zone. The LR Base Zone permits off-site accessory parking. The automobile sales use is prohibited in the ETOD Overlay Zone. As the use was established as a permitted use in the CS Zone, auto sales may continue as a “Type D” existing nonconforming use. The automotive sales use may continue on the site for as long as it is continuously maintained. The area of the existing nonconforming use may also be expanded on the same lot. As the automobile sales use may be continued indefinitely, the provision of additional off-site parking to serve that use may be appropriate to encourage safe and efficient access to the business. However, as the automobile sales use is not permitted to expand onto an additional lot, staff is recommending the following Condition of Approval: 1) Prior to establishing the Off-Site Accessory Parking Use on the subject site, the applicant shall secure appropriate permits and install a sign at the entrance to the parking area indicating that parking is for customers, employees and guests only and that the display and storage of vehicles for sale is prohibited. The applicant has reviewed and accepted the proposed Condition of Approval. (Note: See Staff Report Appendix for relevant excerpts from the Land Development Code) Environmental: The site is located in the Waller Creek Watershed. No construction is proposed with this Land Use application. Transportation: The automobile sales building is currently served by 4 standard and 2 ADA parking spaces, each of which takes access directly from Lamar Boulevard. The proposed off-site accessory parking lot will have a single vehicular entrance from the alley directly west of the automobile sales building and will provide 13 standard parking spaces. SURROUNDING CONDITIONS: Zoning (Land Use) Site: North: LR-ETOD-DBETOD: Warehouse/storage. LO-ETOD-DBETOD: Personal Services/Medical Office, SF-3: Single Family Residences, 42nd Street CS-V-ETOD-DBETOD: Automobile Sales, Medical Office, Retail, Lamar Boulevard LR-ETOD-DBETOD: Professional Offices, Bank, 41st Street LO-ETOD-DBETOD and SF-3: Marathon Boulevard, Medical Offices, Professional Offices and Single Family Residences East: South: West: 04 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 102 of 11 4109 Marathon CUP SPC-2025-0320A 3 NEIGHBORHOOD ORGNIZATIONS: Austin Independent School District Austin Neighborhood Council Friends of Austin Neighborhoods Homeless Neighborhood Association North Austin Neighborhood Alliance Preservation Austin Rosedale Neighborhood Assn. Shoal Creek Conservancy CONDITIONAL USE PERMIT D. 25-5-145. A site plan may not adversely affect the public health, safety, or welfare, or materially injure property. If the Land Use Commission determines that a site plan has an adverse effect or causes a material injury under this subsection, the Land Use Commission shall identify the adverse effect or material injury. § 25-5-146 CONDITIONS OF APPROVAL. (A) To make a determination required for approval under Section 25-5-145 (Evaluation of Conditional Use Site Plan), the Land Use Commission may require that a conditional use site plan comply with a condition of approval that includes a requirement for: a special yard, open space, buffer, fence, wall, or screen; landscaping or erosion; a street improvement or dedication, vehicular ingress & egress, or traffic circulation; signs; characteristics of operation, including hours; a development schedule; or other measures that the Land Use Commission determines are required for (1) (2) (3) (4) (5) (6) (7) compatibility with surrounding uses or the preservation of public health, safety, or welfare. CONDITIONAL USE PERMIT REVIEW AND EVALUTATION CRITERA A. The following evaluation is included to provide staff position on each point of the conditional use permit criteria. Section 25-5-145 of the Land Development Code states: “The Planning Commission shall determine whether the proposed development or use of a conditional use site plan complies with the requirements of this section. A conditional use site plan must: B. 1. Comply with the requirements of this title; Staff Response: This site plan complies with all regulations and requirements of the Land Development Code. 2. Comply with the objectives and purposes of the zoning district; Staff Response: The Off-Site Accessory Parking use is a Conditional Use in the LR-ETOD-DBETOD zoning district. 3. Have building height, bulk, scale, setback, open space, landscaping, drainage, access, traffic circulation, and use that is compatible with the use of an abutting site; Staff Response: The site plan complies with all requirements of the Land Development Code. No new construction is proposed in association with this Conditional Use Permit. 4. Provide adequate and convenient off-street parking and loading facilities; and Staff Response: Adequate parking and loading facilities are provided on-site. The proposed parking facility improves access by providing alternative parking which does not take access directly onto Lamar Boulevard. 04 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 103 of 11 4109 Marathon CUP SPC-2025-0320A 4 5. Reasonably protect persons and property from erosion, flood, fire, noise, glare, and similar adverse effects. Staff Response: The site plan will comply with all requirements of the Land Development Code and reasonably protects the health, safety, and welfare of persons and property. No construction is proposed with this Conditional Use Permit and no buildings will be placed on the site. C. In addition, a conditional use site plan may not: 7. More adversely affect an adjoining site than would a permitted use; Staff Response: The proposed project would not more adversely affect an adjoining site than would a permitted use. No construction is proposed and no buildings will be constructed on the subject site. Parking is an allowed accessory use which would be expected to be developed with any permitted use. 8. Adversely affect the safety or convenience of vehicular or pedestrian circulation, including reasonably anticipated traffic and uses in the area; or Staff Response: The site plan does not adversely affect the safety and convenience of vehicular and pedestrian circulation. Adequate access to the parking lot is provided from the adjacent alley. 9. Adversely affect an adjacent property or traffic control through the location, lighting, or type of a sign. Staff Response: All signs and lighting will comply with the Land Development Code. 04 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 104 of 11 4109 Marathon CUP SPC-2025-0320A 5 Staff Report Appendix As the interaction of allowed, conditional, prohibited and nonconforming uses is somewhat unusual in this case, Staff has prepared the following excerpts from the Land Development Code for reference. 1) LDC Section 25-2-4: Commercial Uses Described (8) AUTOMOTIVE SALES use is the use of a site for sale or rental of automobiles, noncommercial trucks, motorcycles, motor-homes, recreational vehicles, or boats, including incidental storage, maintenance, and servicing. This use includes new and used car dealerships, motorcycle dealerships, and boat, trailer, and recreational vehicle dealerships. (46) OFF-SITE ACCESSORY PARKING use is the use of a site for the provision of parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, located on a different site from the principal use. 2) LDC Section 25-2-491: Base Zoning Permitted, Conditional and Not Permitted Uses 3) LDC Section 25-2-653: Equitable Transit-Oriented Development (ETOD) Combining District Regulations (A) This section applies to a property with equitable transit-oriented development (ETOD) combining district zoning. (B) This section governs over a conflicting provision of this title or other ordinance unless the conflicting provision is more restrictive. (D) The uses included in Table (D) are prohibited uses on a property with equitable transit-oriented development (ETOD) combining district zoning: 04 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 105 of 11 4109 Marathon CUP SPC-2025-0320A 6 (E) Conditional Uses. (1) The uses included in Table (E) are conditional uses on property with equitable transit-oriented development (ETOD) combining district zoning if the use is permitted by the zoning that applies to the property. 4) LDC Section 25-2-946: Determination of Nonconforming Use Regulation Group (A)The table in this section determines whether a nonconforming use must comply with the nonconforming use regulations of Group "A", Group "B", Group "C", or Group "D" as prescribed by Section 25-2-947 (Nonconforming Use Regulation Groups). (B) To use the table: (1) find the column with the zoning district in which the nonconforming use is located; (2) find the row that describes the nonconforming use; and (3) find the nonconforming use regulation group for the nonconforming use at the intersection of the column and the row. (C) In the table, the phrase "allowed in" includes permitted and conditional uses. NONCONFORMING USE TABLE 04 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 106 of 11 4109 Marathon CUP SPC-2025-0320A 7 5) LDC Section 25-2-947: Nonconforming Use Regulation Groups (C) A Group "C" nonconforming use must comply with the regulations described in this subsection. (1) A person may continue a nonconforming use and maintain an associated structure. (2) A person may expand the portion of a structure or site that is used for a nonconforming use, except: (a) an expansion of the portion of the site must be on the same lot and may occur only one time; and (b) an expansion may not increase the amount of off-street parking that was required prior to November 13, 2023, to more than 120 percent of that required for the use on the later of March 1, 1984 or the date the use became nonconforming. (3) If a structure is used for a nonconforming conditional use that the Land Use Commission has not approved, a person may annually expend not more than 20 percent of the value of the structure to improve, enlarge, or structurally alter the structure. (D) A Group "D" nonconforming use must comply with the regulations described in this subsection. (1) A Group "D" nonconforming use must comply with Group "C" nonconforming use regulations. (2) A nonconforming conditional use approved by the Land Use Commission may be replaced by a similar nonconforming conditional use if the Land Use Commission: (a) reviews traffic generation, noise, hours of operation, number of employees, and other appropriate performance measures; (b) determines that the replacement use will not more adversely affect surrounding uses than does the original use; and (c) approves the replacement use. 04 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 107 of 11 04 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 108 of 1104 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 109 of 1104 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 1010 of 1104 SPC-2025-0320A - 4109 Marathon Conditional Use Permit; District 1011 of 11