The plan to remake the old Miami Seaquarium took its first formal step at County Hall this week. A day later, it landed in court.

On Oct. 20, commissioners voted to advance an ordinance that changes how the county's master plan treats the site. About 36.5 acres at 4400 Rickenbacker Causeway, Miami, FL 33149, would move from park and utility land into a new "Seaquarium Activity Area Special District."

The vote was a first reading. It passed without debate, the Miami Herald reported. The ordinance does not approve a lease or a marina. County paperwork says the final hearing on the land-use change should line up with the vote on the lease.

What Terra wants to build

Terra is a Coconut Grove developer led by David Martin. Martin paid $23 million in bankruptcy court for the right to take over the old Seaquarium lease. The park closed after a court fight with the county, which cited animal-welfare concerns. The former operator denied them.

Martin's plan keeps the Seaquarium name. It calls for a new aquarium, restaurants, event space and a public walkway along the bay. He has said he will spend $100 million.

The largest piece sits in the water. A state permit application lists 325 wet slips, with nearly 90 for boats 80 feet or longer, WLRN reported. Dry storage for more than 500 boats is planned on land. The draft lease allows for the chance that the marina never gets built if permits fall through.

Why environmental groups object

The site faces Biscayne Bay, which has lost much of its seagrass. Groups including Miami Waterkeeper and Friends of Biscayne Bay have asked the county to slow down. State regulators have asked for more detail, including whether the project could damage seagrass and how boats would move through a narrow channel.

The lawsuit

On Oct. 21, residents Gregory Frankel and Aaron Stauber sued the county. They want a judge to stop the deal and order a countywide referendum.

In 1993, county voters amended the charter to require a public vote before commercial businesses go on public park land. The Seaquarium was exempt. The lawsuit argues that exemption does not reach about 56.7 acres of bay bottom the marina would use.

"We're not asking for any money," Stauber told WLRN. Terra's affiliate, Resilient Aquarium LLC, has said its plan follows the county charter and the rules that apply to the site.

What's next

Commissioners are expected to take final votes on the lease and the land-use change on Nov. 19, Miami Business Magazine reported. The project also needs a zoning change, which is being processed at the same time.

Nearby, City of Miami voters will decide on Nov. 3 whether to lease the city's Rickenbacker and Marine Stadium marinas, which we covered in our Virginia Key marina referendum explainer. We have also followed the fight to keep Gramps Getaway on the Virginia Key waterfront and the county's overnight anchoring proposal.

Biscayne Bay and the Miami skyline seen from Virginia Key
Biscayne Bay seen from Virginia Key, looking west toward Miami. Source