city of marathon, florida -...

CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050

Phone: (305) 289-4111 Fax: (305) 743-3667

[email protected]

1 November 2016

Sunset Beach House Inc.

57642 Overseas Highway

Marathon, FL 33050

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 multi-

tenant 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.


Phone: (305) 289-4111 Fax: (305) 743-3667

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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: 30 feet

Rear: 20 feet (measured from mean high water MHW or landward edge of mangrove

fringe, whichever is more landward

Sides 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:

FAR*

Retail:

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.


Phone: (305) 289-4111 Fax: (305) 743-3667

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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


Phone: (305) 289-4111 Fax: (305) 743-3667

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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


Phone: (305) 289-4111 Fax: (305) 743-3667

[email protected]

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)


Phone: (305) 289-4111 Fax: (305) 743-3667

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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


Phone: (305) 289-4111 Fax: (305) 743-3667

[email protected]

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


Phone: (305) 289-4111 Fax: (305) 743-3667

[email protected]

Attachment 1

Survey


Phone: (305) 289-4111 Fax: (305) 743-3667

[email protected]

Attachment 2

Future Land Use Map (FLUM)


Phone: (305) 289-4111 Fax: (305) 743-3667

[email protected]

Attachment 3

FEMA Flood Zones


Phone: (305) 289-4111 Fax: (305) 743-3667

[email protected]

Attachment 4

Threatened and Endangered Species


Phone: (305) 289-4111 Fax: (305) 743-3667

[email protected]

Attachment 5

Waldera Affidavits


Phone: (305) 289-4111 Fax: (305) 743-3667

[email protected]


Phone: (305) 289-4111 Fax: (305) 743-3667

[email protected]

Attachment 1

Survey

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