Miami-Dade County commissioners are scheduled to vote Tuesday, Oct. 20, on a proposed land-use change that would advance plans for a marina, aquarium and entertainment complex at the shuttered Miami Seaquarium on Virginia Key.

Two county residents have threatened legal action, arguing that the county must obtain voter approval before allowing a private marina to occupy public submerged land in Biscayne Bay.

The proposed amendment would establish a "Seaquarium Activity Area Special District" on approximately 36 acres of county-owned property, according to the Coconut Grove Spotlight.

The district would permit an accredited aquarium, a retail village, marine education and conservation centers, and events inside the Seaquarium's landmark Buckminster Fuller dome.

Marina plans raise questions about public land

The proposed marina would accommodate hundreds of boats through a combination of wet slips and dry-stack storage.

The land-use proposal calls for 295 wet slips and storage for another 552 vessels, bringing the total to 847 berths, according to the Spotlight.

However, earlier plans submitted to the Florida Department of Environmental Protection showed 325 wet slips and dry-stack storage for 552 additional vessels, according to WLRN.

Nearly 90 of the proposed wet slips could accommodate yachts longer than 80 feet, according to a state permit application reviewed by the Biscayne Times in July.

The marina would extend into Biscayne Bay across approximately 56 acres of submerged public land that were not included in the original Seaquarium lease, the Spotlight reported.

Floating docks, finger piers and other marine infrastructure would extend into the channel between Virginia Key and nearby shallow-water flats. The Biscayne Times reported that the proposed structures would reach more than halfway across the channel.

The marina's location is central to a legal dispute over whether Miami-Dade County can authorize the development without a public referendum.

Residents challenge county's referendum exemption

Coconut Grove attorney Gregory Frankel and fellow county resident Aaron Stauber sent a formal demand letter Sept. 30 to Mayor Daniella Levine Cava, County Attorney Geri Bonzon-Keenan and county commissioners.

The pair argue that Article 7 of the Miami-Dade County Home Rule Charter requires approval from two-thirds of county voters before certain public parklands and submerged properties can be leased for private commercial development.

Although the charter specifically exempts the Seaquarium from certain restrictions, Frankel and Stauber contend that the exemption applies only to the original Seaquarium property, not the submerged bay bottom where the new marina would be built.

Their attorney, Darrin Gursky of Haber Law in Miami, wrote in the Sept. 30 letter that the residents were seeking to preserve voters' authority over public land.

"They are asking the County to allow the voters to exercise the authority that the Charter reserves to them," Gursky wrote.

Frankel and Stauber are acting as individual county residents rather than on behalf of an organization. Both previously served on the board of the environmental nonprofit Miami Waterkeeper, WLRN reported.

Developer David Martin, who controls Resilient Aquarium LLC, is negotiating a 99-year lease with the county to redevelop the property.

A representative for Martin told WLRN that deadlines associated with the Seaquarium's bankruptcy proceedings required an accelerated lease process that left insufficient time for a referendum.

The representative also maintained that the proposal complies with Article 7 of the county charter, which the developer interprets as exempting both the Seaquarium and marinas from referendum requirements.

Frankel told the Spotlight that he spoke with Levine Cava during the week of Oct. 12 to advocate for a public vote. As of Wednesday, Oct. 14, he had not received a written response to the demand letter.

The Spotlight reported that Levine Cava, Bonzon-Keenan and Commissioner Raquel Regalado, whose district includes the Seaquarium, did not respond to its questions about whether the marina should be submitted to voters.

Environmental permits and lease approval remain unresolved

Tuesday's commission vote would be an initial step in the county's land-use approval process, not final authorization to construct the marina.

The county must still complete a zoning change and finalize the proposed 99-year lease with Resilient Aquarium LLC.

Commissioners approved the assignment of the Seaquarium's existing lease to the company in December 2025 and directed the county administration to negotiate an amended agreement for subsequent board approval.

A draft lease reviewed by WLRN leaves open the possibility that the marina could be eliminated if the developer cannot secure the necessary state and federal environmental permits.

The Florida Department of Environmental Protection has requested additional information about the marina's potential environmental effects, including impacts on seagrass beds, the bay bottom and navigation within the channel.

Among the unresolved issues are a benthic survey documenting conditions on the seafloor and a plan to address potential seagrass damage, WLRN reported.

The county's shoreline advisory committee had not reviewed the marina proposal as of July, according to the Biscayne Times.

For now, the central dispute remains whether the county can advance the marina through its existing approval process or must first seek authorization from Miami-Dade voters.

The Miami-Dade County Commission is scheduled to meet Tuesday, Oct. 20. The meeting is open to the public.