Quick Update: The Grove Isle Club is set to reopen on May 15 pending further court proceedings.
More news to follow. GI Board Memo now included below.
Legal summary follows below from Glen H. Waldman our attorney who is protecting the rights of Grove Isle residents.
Legal update from The Grove Isle Board – April 29 (click to open)
Grove Isle Club’s magical views on to Biscayne Bay
Grove Isle Update — Key Points:
Grove Isle Update — The Detail:
With the Developer’s decision to first close parking access and now to permanently close the Grove Isle Club, including its hotel, restaurant, pool, spa and related amenities, residents of the Grove Isle Condominium Association have initiated legal action to prevent closure of the Club. This legal initiative is to protect the rights of ALL residents against the shuttering of the Club. We envision that upon closure, in the absence of a demolition permit that has not been issued by the City, the structure of the Club—surrounded by a chain link fence– will be allowed to decay. The grounds will not be tended. Not only will this property become an eyesore, health and safety issues are likely to arise if the Club building is abandoned for a prolonged period of time.
Grove Isle legal action was filed on 22 April 2015 (click to open document)
As residents of Grove Isle, we are protected by the legal documents that established Grove Isle in its current form. These documents committed the Club to provide amenities to all of the condominium owners and residents. This commitment now belongs to the Developer per these legal documents, as recorded by the City and signed by the City of Miami.
The Miami Herald updated the story on Grove Isle last night (click image to open)
The Club is a for-profit commercial operation currently serving both Grove Isle Condominium Association members as well as members from off-island. The Grove Isle Condominium Association, a non-profit organization, is a corporation independent of the Club. Under Miami 21—the current zoning law—the Club could not be built on Grove Isle today because Grove Isle is zoned T5-R, and is limited to residential use. However, because the Club has been in existence for decades before Miami 21 became law, it can exist in its current form in its current location. It is grandfathered to continue its operation. But if it is closed for more than 180 days or if there is attempt to move it to another location on the island, it will lose its grandfather status. This is the urgency for prevention of closure of the Club. Furthermore, there is no approval for a new club, and zoning restrictions will prevent such construction.
We have also learned from a number of residents that they have been approached by agents of the developer. The strategy is to Divide and Conquer. The claim is that residents of Bldg 1 and 2 stand to gain from this development but a vocal group in Bldg 3 are interfering with building plans, and that this new development, particularly the 18 story tower, will be great for Grove Isle. In the meantime, the developer is going to keep punishing the island residents for blocking his development until they submit. Of course, no mention has been made of the three year construction time line, the movement of demolition debris and construction materials necessary to build the equivalent of one of the existing Grove Isle buildings, the environmental damage, the decreased property valuations and the anti-development sentiment expressed at the recent candidate forum by all residents. And the legal barriers have been reinterpreted as supporting the rights of development (if this were the case, development would have started two years ago!)
The continued action of the Board of Directors of the Grove Isle Condominium Association in preventing this development is greatly appreciated by all residents.
And now bicycles…
The developer has now demanded that Building III’s bike room be emptied — and residents have been given seven days to vacate this space.
During Monday’s Board of Directors’ meeting, Tony Recio of Weiss Serota, presented a much appreciated legal update regarding the developer’s various plans for the island. Excerpts of this meeting, which include comments regarding the mediation process and parking saga, may be reviewed by clicking this [link] or the image below.
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The Developer has emailed the residents of Grove Isle, bemoaning the fact that he has been unable to work with the Board of Directors of the Grove Isle Condominium Association and requesting collaboration with the Grove Isle residents.
A rare communication from the developer was sent to residents on Friday evening.
It has been two years to the week that the Developer quietly purchased 4 Grove Isle and he can show no tangible progress regarding his project(s) for Grove Isle.
In brief:
In detail:
It is now two years to the week that the Developer purchased 4 Grove Isle, and no tangible progress has been made in the demolition of the existing hotel, spa and restaurant and the construction of ultra-luxury condominiums and new club that has been proposed in multiple versions. He claims to be concerned about the legal expenses to which Grove Isle residents have been subjected. He espouses that he has the legal right to develop his property and that the vast majority of Grove Isle residents are excited about the new development and a new club. This is in contradiction to the fact that a door-to-door survey with signatures proves that residents by a wide margin REJECT the new development.
Grove Isle Club Members and Residents have long been waiting for answers
There is no mention of the negative messages that the Developer has transmitted to the Grove Isle residents and Board. He initiated in secret an 18 story condominium tower based on his interpretation of the Settlement Agreement of 1977; during the mediation with the Condo Association initiated by Commissioner Sarnoff, the Developer secretly requested rezoning of a section of his parcel with the City of Miami so that he could construct a high-rise condominium tower (see post of 18 August 2014); most recently, he notified the Board late on a Friday afternoon that tow trucks would remove all cars from his property at 6 am on Monday—despite an easement that makes parking on his property available to the condo association residents. The tow trucks arrived with a police escort, but an injunction blocked their activity (see post of 22-23 February 2015). Is this punitive action what he means by “collaboration”? Is this developer a credible partner with whom we can build our hopes and futures on Grove Isle?
New Grove Isle Club Empty Parking Regime
What the developer fails to acknowledge is that, absent the Settlement Agreement of 1977, he would indeed have the right to build residential structures compliant with the current zoning law, Miami 21. Rest assured, if there were no legal barriers to the development of 4 Grove Isle, it would not matter to him at all whether the residents of Grove Isle were for, against or neutral. Construction would have commenced long ago. To date, our Board and our attorneys Weiss Serota have properly pointed out to the City of Miami that (1) the Developer has no vested rights to build a fourth 18 story tower—and hence his decision to move toward a horizontal Miami 21-compliant structure; and (2) the Developer cannot move the non-conforming Club to a new location because the property is zoned T-5R—for residential use—whereas the Club is for profit and serves the public, including those on Grove Isle.
It is not certain what the next step is, but messing with City requirements for parking on the island and calling for a united effort to turn the island into a construction site for multiple years represent a bizarre strategy. In the interim, PGI is joined at the hip with the Board of Directors of the Grove Isle Condominium Association.
Towing warning posted on residents cars on deck between GI 2 and GI 3
The Grove Isle Condo Association received notice at 4.55 pm Friday (2/20) from the developer of changes to parking availability on Grove Isle. We are informed that these changes are effective as of 6am Monday (2/23). We attach copies of the relevant notices below for your ease of reference (click image to open) . The matter has been referred to the Island’s lawyers and the Board has advised residents to “take no action until further notice.”
Grove Isle memo regarding 4 Grove Isle Parking notice (click to open)
4 Grove Isle Parking notice to Grove Isle residents (click to open)
Rendering of Sailboat Key / Grove Isle (4 x 38 Storey)
The goal of Preserve Grove Isle is to provide to residents of Grove Isle and the public in general accurate and objective information related to the history of development and the legal issues related to proposed development of 4 Grove Isle. We have worked to provide accurate and detailed information to make certain that the issues before Grove Isle, Grove Isle Associates (the Developer) and the City of Miami are transparent. After all, “sunshine” is what makes Miami, and sunshine on these issues is good for the public interest.
Please scroll down to read a summary of our research.
Sailboat Key / Grove Isle Towers, Club with Extensive Parking
To this end, under the “Documents” tab on the home page, we have made available public documents, including contracts, filings, permits, and plans related to the proposed development of 4 Grove Isle. Some of these documents are very old, dating back into the 1970’s, whereas others are recent. These documents provide the legal basis for our claim that the Settlement Agreement of 1977, signed by the City of Miami, the then owner/developers and those from Coconut Grove who originally opposed the proposed plan of development of Sailboat Key on Fair Isle, limits further development of Grove Isle.
Alternative Rendering of Sailboat Key / Grove Isle
In summary, the documents show:
1] Grove Isle’s original development was complicated by legal and political action. The local community was in total opposition to the development and expressly the overdevelopment of an undeveloped island with its plan to build four 40 story towers with 2000 units and 1500 parking spaces.
2] The process resulted in a compromise that shaped the island as we see it now. After significant litigation, the Settlement of 1977 defined what would be allowed and the location of all of the elements, including the club on the eastern shore of the island.
3] Building permits were issued, three 18 story towers and one five story tower were built and certificates of occupancy issued—all within the constraints of the Settlement of 1977.
4] Sale of 4 Grove Isle in March 2013 and plan to build an 18 story residential tower on the site of the hotel/restaurant/club—after over 30 years without change on the island.
5] Weiss-Serota Memorandum of Law claiming the absence of vested rights to build an 18 story tower based on the Settlement of 1977 and the importance of current zoning law, Miami 21.
Grove Isle Condominiums and Club Rendering
For access to the PGI document archive please go to the DOCUMENTS section of this web site. .
The Grove Isle Board maintains its view that flaws seen in the developer’s latest plans should not be ignored by the City. The Board’s lawyers had previously appealed the City’s Planning Administrator’s decision and argued that developer’s plan was non-compliant with Miami21 planning regulations (click for earlier post). To which the City has replied that its approval was part of a private process between itself and the developer. As a result, the Grove Isle Board has stated that it intends to challenge this determination in order to protect the rights of the island’s residents.
Grove Isle Association Memo Jan 23 2015
As announced on this site on 15 January, the Board of Directors of the Grove Isle Condominium Association received notice that the Developer had received approval of the five story plan submitted to the City of Miami. The City Zoning Administrator determined that the proposed five story plan for 62 condominiums and a new club is consistent with Miami 21, the current zoning law. The Board of Directors, through their attorneys Weiss Serota, appealed this determination on 31 December.
The appeal (click to open) is presented in full below.
Grove Isle is zoned T5-R
In summary, the appeal argues that the current zoning, T5-R, for 4 Grove Isle is 100% residential. The current club is a for profit facility open to the public, including those that do not reside at 4 Grove Isle (i.e. those residing at 1, 2 and 3 Grove Isle). In its current location, it is non-conforming regarding the zoning ordinances since it was built and opened long before Miami 21. However, to relocate it to a site on tennis courts facing the marina, it must conform to Miami 21. And as a commercial entity—restaurant, store, spa, etc.—it does not conform to Miami 21 since Miami 21 requires only residential units in this location (zoned T5-R).
Grove Isle residents appeal developer’s latest plans (click image to open)
We look forward to hearing the response and will share it when it is available
Grove Isle Residents Association recently reported that the City of Miami’s Zoning Administrator has determined that the latest five story proposal for 4 Grove Isle is consistent with its zoning regulations, known as Miami 21. Grove Isle’s lawyers are appealing this administrative decision. The decision on compliance with current zoning laws is completely independent of the terms of the 1977 Settlement Agreement—the agreement signed by the City to allow development of Grove Isle.
Meanwhile the developer’s request for a demolition permit for 4 Grove Isle is still pending before the city. Grove Isle’s Association has reconfirmed that they will also challenge this request. Demolition without agreement on a final solution for 4 Grove Isle risks substantially damaging values and amenities for residents of Grove Isle if a debris field/bulldozed site is generated without a building permit for planned development.
Grove Isle Board Memo Jan 9, 2015 (click on image to open document)
Meanwhile… one more peaceful afternoon on Grove Isle
First the Tower (18 stories); Second, the resized Tower (12 stories). And now, a Third (perhaps not last…), the wrap-around five story residential condominiums and club.
The developer of 4 Grove Isle has submitted new architectural plans to the City of Miami. The developer is now seeking approval to build two adjacent 80 ft. high residential buildings. The proposed structure wraps along the coast of the island from approximately the position of the current Spa, past the hotel and current pool, to the southeast corner off Building 3. In addition, the new proposed “Jetsons Spaceship” club occupies the position of four current tennis courts and possibly the yacht club. The Board and legal counsel are following these new events with vigilance. The submitted plans are also available in the manager’s office of Building 1 and 3.
It must be emphasized that the Developer has NOT received permission to move forward on any development. This is an exercise to gain support for the developer from Grove Isle residents.
Grove Isle latest plan have massive structures wrapping around the island – note the position of club house which take the space of four tennis courts and possibly the yacht club (Image source: developer’s architects)
Your attention is drawn to the fact that a number of issues still remain unanswered:
The Grove Isle Condo Association has recently updated residents with details regarding the Developer’s new plan for the island. The new proposal foresees a tower of 168 feet and 12 stories high. As such, it represents a 20% height reduction from his original proposal. It is important to note that this height information is meaningless, as no other data (for example, building volume and footprint) has been provided, despite requests for more information made months ago in the mediation process.
More moves on 4 Grove Isle site
It appears that the Developer’s application to rezone his section of the island has not yet been confirmed for hearing by the City’s Planning and Zoning Appeals Board. Rezoning part of Grove Isle is an attempt to force the City’s hand and throw out Miami21’s relevance in the North Grove. It’s a slippery slope — a decision to allow rezoning 4 Grove Isle may facilitate the eventual rezoning of the whole North Coconut Grove coastline.
Rezoning of Grove Isle could lead to the rezoning of much of the surrounding waterfront.
A copy of the latest Board memo is available below (click image to open).
Grove Isle Association Board Memo Aug 28 2014
As Grove Isle goes, so goes the North Grove: Potential for waterfront high rises linking downtown Coconut Grove to Brickell
In July, Grove Isle Associates LLP submitted the document (see below) requesting rezoning of approximately half of 4 Grove Isle—specifically the 3 acres currently occupied by the hotel/restaurant/spa. In contrast to a variance, where an owner requests a waiver from the current zoning law (i.e. Miami21), this is a request to rezone this portion of the property from T5 to T6-8, thus allowing the building of a condominium tower along the plans originally proposed. Such a tower would then be in compliance with Miami 21. There is no request to rezone the other 4 acres, now zoned as T5.
4 Grove Isle Drive Rezoning Application Folio 01-4114-002-0010 (click image to open)
Rationale: The primary argument for rezoning half of 4 Grove Isle is that the adjacent buildings (i.e. 1,2,3 Grove Isle) are high density buildings, and changing the zoning of 4 Grove Isle will not significantly change the character of the island. The application argues that existing buildings at Grove Isle are in effect T6-8 buildings, the proposed T 6-8 development on 4 Grove Isle property would fit with the neighborhood. Therefore, they argue that the zone change is harmonious and consistent with the surrounding Grove Isle buildings. However, 1,2 and 3 Grove Isle are non-compliant with Miami 21, having been built before proper zoning controls were in place. One might argue now that allowing high density buildings on Grove Isle in 1977 was an error caused by the absence of strict zoning laws and the pro-development attitude at the time. Urban planners would now properly propose that high density/high rises do not belong on the waterfront but should be set back from the waterfront so that there is a gradual continuum from the waterfront of low rise, then medium rise then high rise development. Indeed, this is one of the fundamental principles of Miami 21—with a goal of avoiding the Miami Beach and north situation of beach front high rises.
Miami21 zoning of Grove Isle and North Coconut Grove
The Rezoning Process: For this rezoning application, the Planning Department of the City of Miami is only charged with reviewing the rezoning application and not in the larger sense of how the rezoning and new development is linked to the 1977 SSA or the 5 year litigation history from 1973-77 that lead to the 1977 Settlement Agreement. Any rezoning must be in compliance with the Comprehensive Plan of the City of Miami. City Council has the ultimate decision-making responsibility on rezoning.
Implications for rezoning: Rezoning will lead to construction of a large luxury condominium tower. All of the issues of access to the island, damage to the causeway, storage of materials, etc will greatly impact not only Grove Isle but residents of North Grove and Coconut Grove. See earlier post of 25 June.
North Grove Rezoning Threat Appears
Rezoning Benefits Whom? Will rezoning of 4 Grove Isle benefit you? The public will see no benefits.
Indeed, the public will no longer have access to a public restaurant and boutique hotel. There will be no aesthetic contribution to the region and a negative contribution to the environment, including Biscayne Bay. There will be no benefits to the residents of Grove Isle. Property values are already sagging in a market in which the rest of Miami continues an upward trend. The developers will be the sole beneficiaries, as measured financially. In sum, this is all about money. The developers recently bought this property with the idea of quick, fast track financial gain.
Rezoning of Grove Isle could leading to rezoning of much of the surrounding waterfront.
Implications: Rezoning represents a legal approach to circumventing zoning laws. The process is significantly different than that employed for application of a variance. Miami has a long history of being pro-development, and changes to the zoning of Grove Isle could portend efforts to rezone much of the waterfront on the nearby mainland in the North Grove, thus allowing contiguous high rise development from downtown Coconut Grove to Brickell. This would logically complete high density development all along western Biscayne Bay.
But is it good for Miami in the long run? Grove Isle is the canary in the coal mine—Could this be the beginning of a domino effect of high density development in areas zoned otherwise?
4 Grove Isle Hotel & Club Views – priceless and still neglected
The 4 Grove Isle Developer has now submitted an alternative plan for the island to the City of Miami. The new application mentions a 12 story tower on a development area which excludes the tennis club. As such, this is a more sophisticated attempt to split the island and test the resolve of the community against further high density development.
Rezoning is required as the project will still not be in keeping with the Miami21 planning regime — a structure which should provide a foundation for real estate decisions. Furthermore, it is not yet clear what effect this will have on club amenities or how the developer intends to overcome the serious logistic and environmental constraints of the island.
Needless to say local residents, both on and off the island, and the real estate market have been ‘spooked’ by this project. Perhaps it is also partly responsible for the recent high profile departure from our neighbourhood…
For further detail on this update please click on the Board memo image below. Please also share your insights on this topic in the comment section below.
Grove Isle Board Memo July 24 2014 (click to open)
The Grove Isle Condominium Board recently issued two updates (please click on memo images at end) regarding the status of the mediation process with the developer. The Board entered into these discussions at the suggestion of City of Miami Commissioner Marc Sarnoff. The process has been paused so that far greater information regarding the developer’s proposals and methods are made clear. The Board has yet to receive this information.
The Board has also discovered that the developer has put forward an application to allow the installation of construction fencing associated with the demolition of the Grove Isle Hotel and Club. This move is surprising as it is not yet clear what or where exactly the developer is going to build or demolish. Some fear that these parallel moves could be construed as a demonstration of bad faith in the mediation process or that this process is not being taken seriously.
Perhaps it would be useful to know what the Officials at Miami City Hall and City of Miami District Commissioner Marc Sarnoff think about of all of this…
Grove Isle Condominium Board Memo of June 20, 2014 (click to open)
Grove Isle Condominium Board Memo of June 27, 2014 (click to open)
The Preserve Grove Isle campaign (PGI) is responding to local queries regarding the developer’s proposal for the 4 Grove Isle site. Families living on the island have insisted that PGI share with the neighborhood some of the main concerns regarding the project.
A copy of the document being distributed follows below:
Urgent Neighborhood Notice
A fourth highrise on Grove Isle has been proposed
Does this affect you? Should you and your community be involved?
ONE IF BY LAND, TWO IF BY SEA: An additional development the size of one of the existing buildings on Grove Isle will require demolition of the hotel, spa, restaurant and the importation to the island of the materials for the new building, parking garages, roadways, pools and other amenities — either via S. Bayshore and Fair Isle Drive (LAND) or via barges coming down the channel from Vizcaya (SEA). If the latter, it will be necessary to dredge adjacent to the island in order to bring the barge to the island, given their draft and the depth of the water adjacent to the building site (click to enlarge image).
Although the sale of this property and its proposed development has been kept secret from our community, our goal has been to make the plan, its legal basis and its details transparent so that the communities impacted may participate in relevant discussions.
The detail: a developer wants to demolish Grove Isle’s club, boutique hotel, restaurant, lounge, spa and pool, in favor of an ultra-modern glass and concrete 18 story building on the northeast side of the island.
Information campaign regarding 4 Grove Isle Project begins in the North Grove
We thought you would like to be aware that the proposal will likely:
Tens of thousands of tons will have to be moved in a highly restricted and sensitive environment
North Grove: South Bayshore Drive traffic / construction related street parking
We have made legal progress with the city to the point that this development plan is on hold for further review. This gives us and the wider community time to reflect on the full impact of this development proposal on the residents of the island, of North Coconut Grove and Coconut Grove in general and to make our voices heard.
Many existing residents and neighbors are fighting the developer’s plan and have given us, the “Preserve Grove Isle” movement, their support to carry our message to the Coconut Grove neighborhoods and civic associations. Our opinion poll shows that the majority of residents of the island are against all high density development.
Please contact us to help stop or at least shape what is being proposed for our neighborhood via our e-mail address:
Tell us how your neighborhood could participate in this issue and control its impact on the north grove. Please take a moment to object to the proposal by writing letters to Miami and environmental officials immediately.
CITY OF MIAMI
Mayor Tomas Regalado: tregalado@miamigov.com 3500 Pan American Drive, Miami, Florida 33133
District 2 Commissioner Marc Sarnoff: msarnoff@miamigov.com 3500 Pan American Drive, Miami, Florida 33133 305-250-5333
Assistant City Manager: Alice Bravo (abravo@miamigov.com) Planning Director Francisco Garcia: fgarcia@miamigov.com 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 305-416-1470 General Number for Planning Department: 305-416-1400
Assistant Director: Luciana Gonzalez (LGonzalez@miamigov.com )
Zoning Chief: Paula De Carolis (pauladecarolis@miamigov.com )
Zoning Administrator Irene Hegedus: ishegedus@miamigov.com 444 SW 2nd Avenue, 4th Floor Miami, Florida 33130 305-416-1491
Land Development, Chief Antonio E. Perez (AEPerez@miamigov.com) 444 SW 2nd Ave 3rd Floor Miami, FL 33130
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Biscayne Bay Environmental Center – Pamela Sweeney 305-795-3486
Biscayne.Bay@dep.state.fl.us
MIAMI-DADE DERM
Sean McCrackine 305-372-6789
mccras@co.miami-dade.fl.us
TROPICAL AUDUBON SOCIETY
Laura Reynolds & Susan Shapiro 305-667-7337
biscbaycoalition@tropicalaudubon.org
Urgent North Grove Neighborhood Notice regarding 4 Grove Isle
__________________________________________________________________________________________________
Grove isle was planned in the 1970’s, built in the early 1980’s, and has remained unchanged for the past 30+ years. This developer believes that a settlement for development with the city of Miami in 1977 that allowed construction of what is currently on the island now allows the demolition of the hotel and building of a new highrise tower under zoning laws operative at the time of the settlement. Others now contest that any development, if any at all is allowed, must conform to current zoning laws—Miami 21. It is crucial that a robust public planning review process under Miami 21 is undertaken whereby the developer is required to provide all the requisite information so that the planning department and the public have an opportunity to review and comment on that information. This is a legal matter that is currently in dispute.
The proposed 4 Grove Isle project has wide implications for the North Grove & Coconut Grove in general.
Preserve Grove Isle
Dear Fellow Neighbors
We are all getting bombarded with lots of information about the potential changes of our wonderful island home. We are delighted that residents are very interested in our future. For this reason we would like to get a sense of how YOU feel.
To accomplish this goal one of your neighbors will come around to ask your opinion YES or NO in terms of whether you wish to have any high density construction on the island or not. We all realize that this topic is of paramount importance to the future life style and setting of Grove Isle.
Please note that the Condominium Association lawyers will present an information meeting for all Grove Isle owners on Monday 7 April. Further information regarding this is included in the document attached below.
Grove Isle Condo Association Memo – 1 April 2014 (click image to open)
Thank you for your support to protect our Grove Isle. Please check the communication section for all the latest thoughts, information and developments regarding our collective home.
The Grove Isle Condominium Association Board has forwarded residents a copy of the latest memorandum from their lawyers Weiss Serota Helfman. It is based on conclusions regarding the developer’s presentation at the Club last week. They added that Commissioner Sarnoff has asked for non-binding mediation between the Grove Isle Association and the developer. The City Attorney is to wait for completion of this mediation process before rendering a new Opinion Letter. A meeting with Grove Isle owners and our Association attorneys is now being organised. Residents will be advised of details of a possible meeting early next week.
The Board also confirmed that the Florida Appellate Court on Wednesday revived the Association lawsuit against the previous developer and Club operator. The attorneys are preparing a review of the case that will also be distributed to residents next week. Please check the communication section for additional information on this topic.
Preserve Grove Isle presents to Coconut Grove Village Council
Chuck Kaplanek from The Preserve Grove Isle Organization delivered a slide show presentation to the monthly meeting of the Coconut Grove Village Council. Interested parties and officials from throughout Coconut Grove heard, firsthand, about the proposed development plan and the large opposition to it. Many supportive ideas were discussed and these will be added to the planning and progress of the “Preserve Grove Isle” project. The residents’ legal rights and opinions will help shape the future of Grove Isle.
The Grove Isle Condominium Association Board has also issued a communication that their lawyers have been studying the developer’s presentation. A copy of the Board’s letter is attached below (please click to open) and a report is expected by the end of the week.
Grove Isle Condo Assoc Memo 25 March 2014
Please also check the latest comments from our readers.
A copy of the latest memorandum from the Grove Isle Condominium Association re the developer’s presentation is attached for your information. To read the memo please click the image below.
Grove Isle Condo Assoc Memo 19 March 2014
Preserve Grove Isle is expanding its information base regarding this unpopular Grove Isle development to our friends and neighbors in “The Grove”. Background regarding the proposal will be discussed at the next Coconut Grove Village Council meeting. This is scheduled to take place on Tuesday March 25th at Frankie Rolle building [3750 South Dixie Highway] at 7pm.
Coconut Grove Council Meeting Agenda – March 25, 2014
The owner/developer of Grove Isle 4 and his architect, RTKL, will make a presentation showing the proposed 18 story, high rise tower and an alternative plan showing new condominiums in several 5 storey buildings replacing the hotel, restaurant, lounge, deck, club pool, spa, and many of the tennis courts.
Grove Isle Condo Association meeting now scheduled for 6pm on 20 March 2014
In connection with this presentation, please be aware of the following:
1. The developer has no approvals to construct any new buildings on the Grove Isle 4 property at this time. It has not been determined, based on various legal agreements executed in 1977-1979 by the developer and others, when Grove Isle was initially developed and based on a recent memorandum of law prepared by our attorneys, that the developer has the right to expand the development on the Grove Isle 4 property.
2. The alternative plan layout you will see on Thursday is based on a series of 5 story buildings, which will cover MOST of the 4 Grove Isle property. We believe that plan will be purposely drawn to be extremely unattractive and therefore unacceptable to the Grove Isle Residents so that the proposed 18 storey high rise tower becomes the “preferred” plan.
Therefore, it is important to understand that both plans may be unacceptable to Grove Isle residents and various legal documents and agreements may prevent either development concept from being constructed.
3. These two opposite and radical plans do NOT conform to Grove Isle or its surrounding neighborhood.
It’s time for the developer and the Board of Directors to put our current resident’s “well being” and “character” of our island ahead of corporate monetary interests.
Using current land use laws, compromise, and transparency are always more productive than this type of forceful, and deceptive tactics.
We hope that a satisfactory negotiated compromise can be openly reached.
Grove Isle Memorandum Regarding Developer Plan A and B
Miami Herald — Grove Isle Residents unhappy with development (March 7, 2014)
The Miami Herald has now picked up on our 4 Grove Isle situation. The story was published on the “front page” of the Miami Herald’s Business section today! This is a giant step in spreading and explaining our deep concerns regarding this proposed construction. Notably, it confirms that the City of Miami has NOT made ANY decisions regarding our island.
AERIAL VISTA OF THE THREE RESIDENTIAL BUILDINGS ON GROVE ISLE (click image to open video)
The recent email and letter (of 27 February 2014) sent to every owner/member of the Grove Isle Club by the new developer was replete with omissions and inaccuracies.
THE TRUTH
1. Their architect’s computer image is inaccurate as to the distance between buildings 3 and the proposed new 18 story glass and concrete high-rise. They have portrayed the distance as a substantial distance when, in fact, these plans call for the proposed building to be 40% closer to building 3 than building 3 is to building 2.
2. The developer DOES NOT presently enjoy a right to construct a residential tower on the island. Neither the City nor any court has made a determination that there is a right to develop as of this time.
3. The former deputy City Attorney (in February 13, 2013) did not state that the development group has the right to build what it presented. She merely commented on a letter espousing one view of governing documents. That argument and her position on it is currently under-re-evaluation by the City Attorney’s office based on our attorneys’ well-reasoned memorandum of law. Any development will not depend solely on the City Attorney, however, since it is the Planning, Zoning, and Building departments that make those decisions after following various administrative procedures, many of which are subject to appeal to the Planning and Zoning Appeals Board and the City Commission. None of this has occurred yet.
4. The developer is interested in doing what is BEST for the developer and not for Grove Isle #1, #2 or #3, and its existing 510 apartments It is beyond naïve to think that the developer is truly concerned about long time Grove Isle residents. He is concerned with maximizing his economic return on his $24 million investment. He should be aware that the gross value of the existing apartments on Grove Isle is well over $400 million dollars!
5. The developer has not submitted plans for new club facilities (or tennis courts). Rather, he depicted a rendering of a club room and state “Subject to Change”. How can anyone rely on a developer who fails to advise and show all of his plans in advance? Why not reveal exactly what they plan on building?
6. The developer’s threat of building more units if we don’t agree with his plans is merely an attempt to bully and threaten Grove Isle owners. Any proposal would have to be reviewed by the City’s Planning and Zoning Department. No such proposal has been submitted or reviewed.
7. The developer will not get the City or a Court to approve another 445 units. These threats from the developer must stop!!! If you want to be our Grove Isle neighbor, act like one and stop your threatening tactics.
8. There are numerous other issues that the developer will have to address before proceeding, that go beyond zoning and planning and land usage:
a. What happens to our bridge when heavy construction vehicles cross it?
b. How do they remove hundreds of tons of debris from Grove Isle?
c. How will they deliver hundreds of tons of building materials such as concrete, steel and glass?
d. How many parking spaces will Grove Isle #1, #2 and #3 lose with this construction and thereafter?
e. How does the developer’s plan impact our traffic and South Bayshore Drive traffic?
f. What does DERM have to say about this project?
g. Will this plan comply with sewer, water and other City issues?
h. How will this construction match or fit with existing structures? Will the tropical “state of the island” be lost?
i. Honestly, how long will this project take……we feel 2 years minimum.
The entire development approval process has many different paths. The length of time to complete this process is uncertain under normal circumstances, and will be made more so if the Grove Isle Association and residents are uncooperative. We feel we are in the beginning stages of what could end up being a protracted process. The developer’s only hope of developing within a reasonable period of time is to negotiate with us and ultimately provide a mutually satisfactory solution.
Approximate Position and Orientation of Proposed Tower for Grove Isle
The Preserve Grove Isle Committee is pleased to share with you the legal opinion received from attorneys engaged by Grove Isle Condominium Association. The opinion concerns the legality of the demolition of the Glove Isle Hotel and Club and its replacement with a 18 story residential tower. It is certainly an interesting read as it outlines the key aspects of the proposal and its (lack of) planning merit. The attorneys have noted that the proposal marks “a stunning departure from established law in reversing more than 30 years of legislation.”
Please click this link or icon below to receive your copy.
Grove Isle Proposed New Tower – Condo Association Legal Opinion
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What do you think? Make your views known!
Dear Grove Isle Resident,
Welcome to the first island wide e-mail and web based communications program. We hope to enable a better and faster method of communications in order to improve our Grove Isle quality of life.
Grove Isle Under Threat
As most of you already know, there is a proposal to construct an 18 story glass and concrete high-rise building at the tropical tip of Grove Isle. The plans reveal that this structure will sit very close to Building Three and will replace the current Grove Isle Hotel, The club restaurant, social areas, bar and swimming pool. We may lose our walking path and the right to access the area.
The construction time span estimate has ranged from 1 ½ years to 2 ½ years. Many people feel that this modern structure would forever change the tropical and special environment of Grove Isle.
The newly formed Preserve Grove isle Committee, supported by the Grove Isle Board of Directors has been established, together with this special newsletter and email, to oppose this long term construction. We feel that this glass building would be detrimental and destructive to the character and aesthetics of our tropical island.
Over the last few weeks a large number of residents have asked how to stop or alter this situation. We formed the Preserve Grove Isle Committee to accomplish exactly that.
The first step in our opposition to this proposed building was to organize a powerful legal team to begin to formulate the needed steps in areas of zoning, land use and preservation of land style. This step has been taken and the work is in progress.
The next step is to activate the “social opposition” to this project, which we find to be very strong. To begin this step we ask you all to join us in our loud and vocal opposition to this by sending a very important and urgent message to a few important Miami authorities that need to hear our position. They will take our opposition to this project very seriously. Your voices will be heard.
Here is what to do:
SEND YOUR PERSONAL E-MAILS AND LETTERS IN A STAMPED ENVELOPE TO THESE MIAMI OFFICIALS. USE THIS SAMPLE LETTER OR USE YOUR OWN WORDS AND FEELINGS.
Yours,
PRESERVE GROVE ISLE COMMITTEE
Grove Isle, Miami — A proposed high density development risks damaging the neighborhood. The Preserve Grove Isle (PGI) campaign supports residents’ efforts to halt a development project proposed for the Grove Isle Hotel and Resort site. This project involves the demolition of the Grove Isle Hotel and Club and its replacement with a 18 story residential tower or numerous “5” story* residential structures that wrap around the island. This project will destroy Grove Isle’s natural balance and superb amenities that have been enjoyed for many years. The Grove Isle Condominium Association’s attorneys have already noted that the developer’s project marks “a stunning departure from established law in reversing more than 30 years of legislation.” Furthermore, there are also serious concerns about the proposed project’s environmental impact and the damage it would cause to the North Grove neighborhood. Please read on to acquaint yourself with the latest developments and issues regarding this high density development in Grove Isle and North Coconut Grove.
Preserve Grove Isle 