Page 1
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.
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
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.
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
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
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
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
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
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)
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
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
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
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
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
Attachment 1
Survey
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
Attachment 2
Future Land Use Map (FLUM)
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
Attachment 3
FEMA Flood Zones
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
Attachment 4
Threatened and Endangered Species
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
Attachment 5
Waldera Affidavits
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
Page 14
CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
Page 15
CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
Page 16
CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
Page 17
CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
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CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
[email protected]
Attachment 1
Survey