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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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)
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
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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.
Ready to pull hard as crew sets off near Grove Isle
Attorneys representing our Association and working with the Board, presented their thoughts on the proposed development on Grove Isle and the status of on-going litigation to the Association members that were able to attend on Monday evening. This meeting was well attended and the presentation enlightening. In initial comments, Gilberto Pastoriza of Weiss Serota confirmed that he was hired by the Association to investigate the legal basis for the rapid development of the tower proposal (now known as Plan A) by the current owners of 4 Grove Isle, with Mr. Avila as the spokesperson for this consortium.
Gilberto Pastoriza of Weiss Serota briefs residents on the developer’s proposals for Grove Isle
Mr Pastoriza emphasized that this development, unbeknownst to the members of the Association, was on a fast track for approval by the city. “The train was going full speed. Our job was to stop the train.” Indeed, with their preparation of the Memorandum questioning the legality of vested rights from the Settlement of 1977 and its distribution to city officials, the developer’s plan is now on hold by the City. This presentation, which was in depth, was successful and informational. They mentioned that there are various points of view from Association members, including those most concerned about amenities, those most concerned about protracted construction, and those most concerned about any construction on Grove Isle in general.
John Lukacs of Hinshaw & Culbertson updates residents regarding the Association’s successful appeal
It also became clear that the Association members are dependent on a second party, the owners of 4 Grove Isle, to provide them most of the amenities that the Association enjoys (e.g. tennis courts, fitness center/spa, restaurant) and yet the owners, who operate these facilities at a profit, may (or may not—that is a legal issue) have the right to discontinue such amenities. Mr. Avila’s Plan B includes discontinuation of many of the amenities that the Association members have enjoyed over the past 30+ years but is said to be within the current zoning ordinances of Miami 21. In addition, John Lukacs of Hinshaw & Culbertson, who also represents the Association, discussed the reversal by the appellate court of the pending suit by the Association against the Club (i.e. 4 Grove Isle), and this suit will be litigated once again, hopefully to the advantage of the Association and its members.
The pending suit by the Association against the Club (i.e. 4 Grove Isle) will likely be litigated once again
The lawyers claimed that the Association members on Grove Isle do NOT have to choose between two bad choices, Plan A (the tower) versus Plan B (5 five story buildings occupying much of the land that is owned by the developer). They emphasized that we have other options….and we, the residents of Grove Isle, are empowered to decide what we want for our future here.
It is now clear from the predictions of the recent poll that a majority of the residents on the island want no development based on what they have seen and heard. “The Grove Isle opinion poll continues to assess the views of Association members and is surpassing our expectations.” It seems as the entire island is waking up to the fact that they really enjoy this island “the way it is”. Like the old adage, “you take your health for granted until you lose it,” we don’t always appreciate something important in our lives—including the ambience of Grove Isle–until we are about to lose it.
We will be headed for a requested mediation (non binding) with the city, the developer and Grove Isle representatives on 21 April. It is very possible that this start date may be delayed. We feel that this mediation will expose the “no further development position” to all, based upon the opinion poll in progress.
Please keep your letters and e-mails going out to the Miami administrators and elected officials….they are very valuable. You will find this info on this site at this location (click here).
Thank you for the many, many comments and opinions on this PGI website. It shows the interest and unity of the Grove Isle residents. It is times such as this that bring a community together.
You may also now follow developments and share information regarding our island on Facebook and Google+. Click on the icons below for a link to these sites.
Connect with Facebook
Add Google+
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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.
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
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.
As you may be aware, the Board and Committee has written two responses to threatening communications from the developer. Copies of these are included below for your ease of reference. The Committee awaits legal advice and will respond to developments regarding the project shortly.
Grove Isle Board response to developer (21 February 2014)
Grove Isle Board response to developer (28 February 2014)
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
Preserve Grove Isle 