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City of North Miami Beach
17011 NE 19 Avenue
North Miami Beach, FL 33162
305-947-7581
www.citynmb.com


MEMORANDUM

 
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TO: Mayor and City Council
FROM: Ana M. Garcia, City Manager
VIA: Carlos M. Rivero, City Planner
DATE: Tuesday, July 21, 2015
RE: Ordinance No. 2015-13 (First Reading by Title Only) (Richard Lorber, Asst. City Manager)
BACKGROUND ANALYSIS:

Maule Lake, although privately-owned submerged land, sits adjacent to the Biscayne Bay Aquatic Preserve, and in a direct line between the Oleta River and its outflow into Biscayne Bay. There are no upland areas associated with the property; it is completely submerged and not accessible by any roadway or land.  In close proximity is the County-owned Greynolds Park, and the State-owned Oleta River State Park. The vast majority of the Biscayne Bay basin is government-owned and protected for conservation; Maule Lake, however, is one of the few remaining privately-owned tracts of submerged land located in the Biscayne Bay basin.  Most local residents are unaware that this water body is privately-owned and not under the same regulatory and environmental protections as the open waters of Biscayne Bay and the Biscayne Bay Aquatic Preserve.  Except that it was formerly a rock quarry and not an original part of Biscayne Bay, its character, especially visually and aesthetically, is very similar to the open waters of the Bay.  Nearby residents are under the impression that the open waters of the lake would always remain open and preserved like other areas throughout the basin.

The sole goal of the City of North Miami Beach Comprehensive Plan Conservation Element is “To preserve and enhance the significant natural features in North Miami Beach.”  Additionally, Objective 1.4 of the City of North Miami Beach Comprehensive Plan Future Land Use Element calls for the City to “Ensure reasonable protection of natural resources and environmentally sensitive land as new development occurs.”  Upon learning of development intentions within the body of water known as Maule Lake, the City, with overwhelming support from concerned residents seeks to designate and zone this property in a way that clarifies its status as conservation land and leaves no ambiguity about the potential for any development of the property based on these goals and objectives of the Comprehensive Plan listed above.  The City’s intention is to follow-up this action with additional research and recommendations for designating and zoning any other similar open bodies of water within the City to the Water/Conservation category.

RECOMMENDATION:

Based on the Comprehensive Plan goals and objectives, the location of the site in relation to the Greater Biscayne Bay Aquatic Preserve and concerns expressed by surrounding residents, which include whether development of Maule Lake will adversely affect the public health, safety, welfare or the property of others, including adjacent property owners; whether development will adversely affect the conservation of fish and wildlife, including endangered or threatened species, or their habitats; whether it will adversely affect navigation or the flow of water or cause harmful erosion or shoaling, or adversely affect the fishing or recreational values or marine productivity in the vicinity of the development; and the temporary lowering of water quality during construction activities; the Planning and Zoning Department recommends the implementation of this amendment as proposed.

FISCAL/BUDGETARY IMPACT: No fiscal impact.
 
ATTACHMENTS:
Staff Report
Application
PZB Minutes of June 8, 2015
Ordinance No. 2015-13
City of NMB Future Land Use Map