Sunset Beach House Inc. 57642 Overseas Highway Marathon, FL 33050 CITY OF MARATHON, FLORIDA 1 November 2016 RE Amended Letter of Current Site Condition RE No 00373870-000000. Dear applicant: At your request, the City of Marathon Planning Department reviewed all available resources concerning the above referenced property. Based on the review of pertinent data, the following information has been compiled. PARCEL DATA This parcel is located on Overseas Highway. The legal description of parcel 00373870-000000 is South Side of Flagler Street to Ocean PT between Blocks 53-58, Section 24 Township 65, Range 33 in the Crain s Subdivision of Grassy Key. According to the aerial map in GIS, the upland area is.66 acres or 28,749 SF, as Mixed Use. A survey performed by a Florida licensed professional surveyor will be required to confirm the actual dimensions and area of the lot. See Attachment 1 for Survey provided. LAND USE The City s Land Use Map indicates that subject parcel is located within the Mixed Use (MU) District. Section 103.12 of the City s Land Development Regulations (LDR s) states: The MU zoning district is designed to accommodate a wide variety of commercial and retail activities that will result in the most efficient and attractive use of the City s historic business district and the U.S. 1 corridor, as an effort to recognize the role of U.S. 1 as the City of Marathon s Main Street. Specifically, this district provides for land uses that have a strong pedestrian-oriented character, with a mixture and concentration of specialty shopping, transient lodging, retail, person service, restaurant, cultural, fishing industry, affordable housing and entertainment uses in the Old Town area. The MU district also provides for large-scale retail and commercial business opportunities in other areas, including larger shopping centers, specialty shopping centers, individual multitenant commercial buildings, automobile services and sales, fast food restaurants, affordable housing residential uses, transient lodging and other retail establishments that serve the community at large. The MU district is designated within the Mixed-Use Commercial (MU-C) future land use category on the Future Land Use Map (FLUM). See Attachment 2. The City Regulations state development within the MU land use district shall be limited to 6 Market Rate units per upland buildable acre or up to 15 Affordable units per upland buildable acre.
The setbacks, as measured from the property lines, or Mean High Water whichever is appropriate, within the MU land use district are as follows: Front: Rear: Sides 30 feet 20 feet (measured from mean high water MHW or landward edge of mangrove fringe, whichever is more landward 0-10 feet. Our records indicate that subject parcel falls within threatened and endangered species shoreline, therefore the any shoreline accessory must comply with the amended shoreline setback for marine turtle nesting habitat. See Attachment 3. According to Table 106.28.1 in our Land Development Regulations, the amended setback for marine turtle nesting habitat is as follows: Marine Turtle Nesting Habitat: 50 feet (measured from the nesting area which is the first fifty (50) feet from MHWL for a total of one hundred (100) feet from MHWL or the landward toe of the most landward beach berm not to exceed one hundred (100) feet from MHWL. Maximum building height within the City is thirty-seven (37) feet above average grade on the parcel or the crown of the road whichever is higher. The City Regulations state that the maximum floor area ratio for the MU district is as follows: Retail: FAR* Low intensity.60 Medium intensity.45 High intensity.25 Office: Commercial Recreational:.15 Institutional:.30 Outdoor Recreational.15 Public Buildings/Uses.45 Restaurant bar.60 Industrial.85 Light industrial.30 *The FAR for mixed-use developments may be increase to.75 if mitigated by the development of affordable/workforce housing is provided.
The city has recently completed the central sewer system. This parcel is located in Waste Water Service Area 7. This parcel has existing infrastructure with existing service from the Florida Keys Aqueduct Authority and the Florida Keys Electric Co-Operative. FEMA DATA Based on the FEMA layer in GIS, the parcel falls within the VE 11 and VE 13 Flood Zones. Any construction will have to meet the requirements of the highest flood zone the proposed structure is in. In this case, the lowest structural member of the home must be at least 13 NGVD and it would require at least two flood vents equaling one square inch for every one square foot of enclosed space. See Attachment 3. ENVIRONMENTAL DATA According to the Environmental layer in GIS the parcel has no evidence of protected vegetation on the parcel. See Attachment 4 BUILDING RIGHTS / ENTITLEMENTS A Vacation rental license was sought in 2003 / 2004 and apparently never issued or issued with conditions after additional review not clear from the City s records. This property is eligible for a vacation rental license and holds a state vacation rental licenses through 2017 (CND5402890). However, the property does not currently hold a City of Marathon vacation rental license. This property was developed in 1958, prior to the incorporation of the City of Marathon, Florida No site plan approvals were found, however a survey for the property was found. See Attachment 4. The Monroe County Property Appraiser indicates that there is one (1) building built in 1958 having 1,404 SF of living space. In 2007 an addition of 400 SF of living space was created by enclosing a garage. During this expansion, a kitchen was added so that the total living area with the addition measures 1,804 SF. The parcel is determined to be a duplex based on the affidavits submitted by Mr. Chris Waldera, Esq. See Attachment 5. ALLOWED USES Types of Uses: Permitted Use by Right (P) indicates use that is permitted by right. Conditional Use Approval (C) indicates use permitted only where approved with a conditional use approval by the City Council in accordance with the procedures in Article 13 of Chapter 102 Conditional Use Limited Use Approval (L) indicates use permitted only where approved through an administrative process such as issuance of a license
Accessory Use Approval (A) to a principle structure - indicates use is only permitted as an accessory use. Permitted Use by Right (P) Accessory buildings and accessory uses Affordable Housing Unit Artisan and photography studios and galleries Clubs: Social, fraternal and lodges Convenience store Dry cleaning Equipment, rental establishments without outdoor storage Financial services (without drive through) Food catering Health and membership clubs Hospitals Media Sales and Rental Mobile Home: Replacement Multi-tenant retail < 10,000 sf FA Museum Parking lots and parking garages (as a principle use) Parks and recreational open space Personal and service business shops Place of worship or assembly Plant nurseries and greenhouses Plumbing, electrical and carpenter shops Print shops Professional offices Restaurants with drive-through Restaurants/stand and fast food without drive through Retail establishments up to 2,500 square feet FA Retail establishments 2,500-10,000 square feet FA Safe house for battered or abused adults or children of up to eight (8) families Single-family dwellings Small Grocery Stores Utilities - Minor Vehicle, Vessel sales Veterinary facilities, small animal clinics; no boarding Wireless Tower- Replacement existing Wireless Attached facility
Accessory Use Approval to Principle Structure (A) Boardwalk/Observation Platform Boat/ship (commercial) dockage or charter Community Workforce Housing Unit Dormitory Model Home Outdoor display Waterfront Walkways and docks Limited Use Approval (L) Alcohol Beverage Home occupations Massage Therapist Temporary Placement Temporary Use Vacation Rental units Vendor Carts/Mobile Food Unit Conditional Use Approval (C) Adult day care Amusement or Sea life parks Auto, RV, and truck storage Bars and taverns Boat Ramp Boat storage < 10 units, dry Boat storage < 10 units, wet Bowling alley Broadcasting or Communications Tower Campground Car wash Cemeteries Child care center Child care homes (up to 10 car trips per day) Duplex dwellings Equipment, rental establishments with outdoor storage Financial services (w/drive through) Fuel Sales Funeral homes (no crematory) Golf courses Group Homes (<7 residents)
Group Homes (7-14 residents) Hazardous Waste Small Generator Heavy equipment sales Heavy equipment Sales, Marine Helicopter Landing Pad Hotel/Motel/Resort lodging Live-aboard Vessels Manufacturing, assembly, storage, fabrication or distributions of goods and materials Marina Medical and dental offices and clinics Mobile Home Park Mobile Home: New Placement Multi-family (<5) dwellings Multi-family (5+) dwellings Multi-tenant retail > 10,000 sf FA Night clubs Nursing Home Open-air markets Outdoor Storage Paint and body shop Pharmacy Private educational and training facilities Private schools for elementary, intermediate and high school education Public schools for elementary, intermediate and high school education Public use or public facilities w or w/o business offices; with repair and storage Public use or public facilities w or w/o business offices; without repair and storage Recreational Vehicle (RV) Park Research/Lab Retail and supply yard establishments with outdoor storage Retail Establishment exceeding 10,000 square feet FA Small animal shelters/boarding kennels Storage (Indoor self) Storage, Auto, RV, or Boat Storage (Outdoor) Theatre (indoor) Trap Storage and Repair Utilities - Major Vehicle, Vessel Repair Veterinary facilities, small animal clinics/hospitals; including boarding Wireless - New Tower
Wireless - Satellite Earth Station Wireless - Stealth Facility DEVELOPMENT PROCESS For the development of more than three (3) single family residences approval by the Planning Commission and City Council will be required through a Conditional Use Permit process. Similarly, if the owner or potential buyer contemplates re-plat or subdivision of the parcel, review by the Planning Commission and City Council is required. Prior to any construction on the site, a building permit is required. In addition to a complete application for the construction of a single family home, a BPAS allocation must be obtained for any additional residential units. Currently the City of Marathon issues 30 building permit allocations annually, 80% Market Rate and 20% Affordable. Applications for building permits are evaluated, scored and ranked according to the criteria outlined in Section 107.09 of the City of Marathon Land development Regulations (LDR s). Allocations are awarded bi-annually. This document is for information purposes only. It does not guarantee or officially assign any building or development rights or timing of such rights, nor does it officially deny any such rights. The information contained in this document is true and accurate as of the date of this document and is subject to change. Sincerely, George Garrett Planning Director
Attachment 1 Survey
Attachment 2 Future Land Use Map (FLUM)
Attachment 3 FEMA Flood Zones
Attachment 4 Threatened and Endangered Species
Attachment 5 Waldera Affidavits
Attachment 1 Survey