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 Miami-Dade 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.

However while the City’s Comprehensive Plan contains goals and objectives addressing the preservation and enhancement of “significant natural features”, the Code of Zoning Ordinances lacks a conservation district designation.  The City seeks to designate and zone this property in such a way that clarifies its status as conservation land and leaves no ambiguity about the potential for development of the property.  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.

Other municipalities have similarly situated lands which are designated within their Comprehensive Plan and Zoning Code with appropriate land use designation and zoning.  The adjacent portion of Maule Lake that is located within the City of Aventura was designated as Water and zoned Conservation District sixteen years ago, in 1999.  The designation and zoning of the subject property as proposed will help eliminate the uncertainty and ambiguity that currently exists with respect to potential development of the site.

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 approval of this amendment as proposed.