Grove Isle Rebuts Developer’s Moves with Appeals

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)

Grove Isle: Seduction… or Attempted Seduction

Grove Isle New Club House Presentation

At the request of the Developer—now the Club owner, an informational meeting was held for the Grove Isle Club membership about the future plans for the Club. If would appear that this was a work-around the Grove Isle Board so that the Developer’s associates had direct access to a subset of the residents.  Neither the Developer nor his real estate lawyers were in attendance.

Call to Order

Discussion was limited to the Grove Isle Club. All other discussions were “off limits.”  The general goal of this meeting was for the developer to “make nice” to the residents, with an attempt to attract their support for his project.  For the record, a description of the high points of the meeting follows but there was little of substance that relates to his progress on the overall plan.

Maintenance Issues

The developer has owned and operated the Grove Isle Club for approximately 1½ years, and the consensus has been that this club, dilapidated from the start, has only deteriorated further. Furthermore , the hotel, part of 4 Grove Isle, has also received poor reviews on Tripadvisor.  These recent external reviews speak poorly of the entire property, including the tennis courts, the spa, etc. The Grove Isle Board has requested improved maintenance, and the opening of this informational meeting was moderated by a lawyer representing the Club.  She stressed that the Developer was committed to bringing the current facilities up to normal standards.  A representative of the Club listed a number of items that have been either in the process of being repaired or have been fixed. Our understanding is that a significant amount of repairs remain outstanding.

Grove Isle Club Members and Residents Listen

Timing of demolition of Club Facilities

The lawyer, who was representing the Developer, emphasized that the proposed demolition has not been approved and permitted by the city. She was not able to state when an application for demolition would be submitted.  She acknowledged that no demolition or construction could be initiated without the proper permitting.  She stated that the Grove Isle Board is being kept abreast of any developments.

New Club Facilities

The architects presented their plan for the new Grove Isle Club. It is four stories, 66 feet in height, and has parking located on the bottom floor—for a total of five floors.  The program includes a restaurant for 130 occupants, a bar, a card room, a spa, and a variety of other amenities.  There are two outdoor pools:  a family pool and a second adult pool.  This proposed Club would be compliant with Miami 21, and would be located on the position of the current spa and 2-3 tennis courts between Buildings 2 and 3, facing the marina.  (Please note that the Developer has asked the City of Miami to rezone the part of the property where the current hotel/restaurant/spa are located to allow for the construction of a residential condominium tower.)

Alternative club facilities during construction

During construction, Grove Isle Club members would have Social and Fitness privileges at the Biltmore Hotel. This hotel is located about 5½ miles from Grove Isle.   Please note that the Biltmore memberships are operated on an individual basis whereas Grove Club membership is on a residential unit basis (thus includes family and children).

Club dues during construction

For those who prefer not to retain their membership during the construction period, membership dues would be suspended. However, it was clear that membership in new club would be a requirement of residency on Grove Isle, as it is currently.

Update Club Rules after construction

Residents would still be required to be members of the Club. There would be some modernization of the rules.  There was no mention of potential changes in the cost of annual dues.

Q&A

During the question and answer period, the membership in attendance recognized this presentation for what it was: An attempt to win over the support of the Grove Isle residents, going around the Board, and to propose a beautiful, elegant new club to replace a poorly maintained existing club for which the residents of Grove Isle are required to pay approximately $1 million per year to belong.  Many comments from the audience emphasized the purpose of this meeting:  the seduction of the residents with this new facility, with the hope of distracting them from the real issue:  the presence, scope and location of the new proposed residential condominiums. The strategy appeared obvious to all members in attendance:  the new Grove Isle Club would be relocated for a marina view on the land currently occupied by some of the tennis courts, and the current location of the Club/hotel/pools would be reserved for as yet undefined new residential condominiums.  Some important issues were raised about the Club itself:  Could such an elegant club with high end facilities be supported by the closed membership of residents?  What will happen to the cost of dues in the future (it is highly unusual for a for-profit company to provide amenities for a condo association, particularly when membership is required)?  Some stated that this ultramodern glitzy facility, likened to a space ship by some, is completely out of character with the current buildings and property.

Comments

In all, the membership appeared angry and adversarial. The architects, to their credit, have tried to approach this design in a professional way.  The underlying issue was that they were being used by the Developer to sell his primary project—i.e. the plans for residential condominiums.  This project is still entangled in many legal obstacles.  Would the developer elect to build the new club facilities on the current footprint of the Club in the absence of permits for the new condominiums?  Surely not.

Overall, this was a sideshow in the continuing saga of the attempt to develop 4 Grove Isle. It is the belief of many that whether development of the island occurs will be based on legal issues, including the Settlement of 1977, current zoning laws (Miami 21) and market forces that may play a greater role as Miami luxury construction over-expands.  There continues to be little support from residents of Grove Isle for any further development.

Grove Isle mediation update

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)

 

GROVE ISLE: One if by land and two if by sea redux

Although there remain many legal, environmental and political issues to be resolved before any development can proceed on Grove Isle, we believe the logistical issues of developing a large new project on the far side of a small island, already with over 500+ residential condominiums, quite daunting. To obtain detailed analysis and expert consideration from a third party removed from this discussion, we queried an experienced construction engineer in order to obtain a professional opinion. The comments made regard either the developer’s Plan A (the tower) or Plan B (five story horizontal development), both of roughly equivalent size. We specifically wished to learn the options that any contractor would have for the demolition phase, the construction phase, and the completion phase.

Grove Isle has long sought to protect its bridge from high weight loads

The challenge is that this is a large project proposed on a very tight, thin and long slice of Grove Isle. This island, connected to the mainland by a two lane causeway that is rated for 15 tons, is fully occupied and the primary residence for many families. Plan A is positioned on the exact opposite side of the island from the causeway entrance. The island is surrounded by Biscayne Bay, and the bay is about 2-4 feet deep within a half mile of the island perimeter except where dredging was performed to approximately eight feet many decades ago in the marina area.

Grove Isle demolition and construction threats

Preparation phase: During the preparation phase space for the trucks, supplies, workers’ parking will be reserved and secured. Presumably, chain linked fencing and lighting will be installed to minimize theft and vandalism of construction materials. There will be signage for resident traffic detours, placement of construction trailers, and the need to reserve a large area for outgoing debris and incoming building materials. Given that 4 Grove Isle covers about 40% of the circumference of the island, all of these activities will necessarily be in close proximity of 1, 2 and 3 Grove Isle.

Grove Isle Drive provides access to 500 family homes

Demolition phase: During the demolition phase, the existing hotel, club building, spa, roadways, parking structures and other related structures will be demolished, and the debris, asphalt, concrete, glass and metal removed. As a crude estimate, our consultant suggests that this will involve the removal off-island of about 15,000 tons of debris. Given the 15 ton limit of the causeway, approximately 1000 dump truck runs will be required if removal is by land. If removal is by sea, standard dump barges would be used. These barges, which hold about 2400 tons of debris, draw 14 feet of water. Six or seven barges would be required. However, nowhere in Biscayne Bay is the water depth 14 feet. Either a channel would need to be dredged from the ocean to approximately 16 feet deep or many more but much smaller barges that draw considerably less water could be used.  Nonetheless, there is currently no channel to the island to support even medium size barges. See the image of the government chart of Biscayne Bay below. Grove Isle is shown within the large red circle.  A number of the depth readings, also circled in red, are  indicated in feet.

Sea grass and the limited depths of Biscayne Bay surround Grove Isle

Construction phase: In this phase, the 18 story tower (Plan A) or multiple lower sized buildings (Plan B) will be constructed on the development site. This involves the building of the foundation, preparation of elevator shafts, and assembly of the steel framework. Next, concrete is poured for floors, and exterior windows and facades installed. When tight to weather, the interior walls are built, and the plumbing, electrical and HVAC installed. Finally, interior walls are tiled or painted, appliances and cabinetry installed, and floors laid with wood, carpet or stone. Modern construction techniques usually perform many of these activities in parallel, from the lower floors to the top floors, in sequence. This entails the delivery to the island and to the construction site specifically of about 30,000 tons of materials, including cement, steel, glass, mechanicals, HVAC, etc. Again, from the analysis above, this will require over 2000 trailer trucks and cement trucks or many specialty barges to accomplish importation of these materials. Furthermore, new roads and parking areas will need to be built.

The proposed project may involve thousands of journeys to move over 30,000 tons of material on to our island

Completion phase: There will be a “clean up and furnishings phase” where all the construction infrastructure will be removed and the luxury property prepared for sale. Many of these apartments will be custom designed by new owners working with their own group of decorators, contractors and subcontractors. The windows, glass walls, mechanicals, railings, paint and all the interior common furnishings are loaded at this phase. Depending on how well these new units sell, this period could be relatively short (six months) to multiple years. All new residents will need to move in and load their personal furniture and furnishings.

Grove Isle developer dredging threat to Grove Isle and Biscayne Bay

Duration: The duration of this development can be approximated using a construction “time line.” The estimate for a project of this scope, with its attendant logistical issues, is at best 2.5 to 3 years for preparation and building construction. This assumes NO legal or unexpected events, unforeseen environmental issues, and the absence of labor strikes. Custom design and modifications of each unit by their owner could take at least an additional year. If the developer were to obtain all permits necessary to begin construction in early 2016—one and a half years from now—the project would be completed by 2020. In the interim, much of the island would be a construction site. The effect on sales of existing condos is uncertain but there is no reason to believe that construction on this scale would enhance valuations. More likely, turnover of condos during this period would be decreased and price per square foot would diminish. After 2020, valuations become more difficult to predict.

Preserve Grove Isle

Note: All values and statements cited above are based on our opinions and estimates

Grove Isle Mediation Begins

Taking the long view over Biscayne Bay (Grove Isle May 2014)

Mediation proceedings finally began today regarding the proposed high density development at 4 Grove Isle.  Representatives of the involved parties including the City of Miami met this morning to begin the process.  It is not yet clear what exactly this non-binding mediation is supposed to deliver.

Separately another potential challenge to Grove Isle’s environment has appeared in the light of the battle to build the Beckham Soccer stadium in downtown Miami.  The City Commissioners have recently approved Resolution 14-00422 which gives the city “the ability to sell or lease submerged lands to buyers who own or have a lease on the contiguous shoreline WITHOUT a referendum.”  The Tropical Audubon Society has been fighting this idea for some time as it “puts Biscayne Bay Aquatic Preserve Resources at risk”.

The resolution’s passing may also impact Grove Isle — as it could help the developer with the dredging task in order to move tens of thousands of tons of material on and off the island.

Grove Isle project risks damaging neighborhood

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:

• cause as much as 2-3 years of severe disruption and inconvenience with many tens of thousands of tons of material being moved either by land or by sea requiring thousands of heavy truck movements and/or barges & dredging having a significant negative impact on the ecology of our marine environment, including manatee habitat.

Tens of thousands of tons will have to be moved in a highly restricted and sensitive environment

• cause damage and inconvenience from demolition dust and debris, pile driving, deep escavations, and construction noise. This will negatively impact local houses, boats, porches, and trees.
• further slow traffic on and access to South Bayshore Drive – especially during the construction phase. This will further impact access to the Coconut Grove Business District. It may require construction workers & subcontractors to use street parking in the neighborhood (off island).

North Grove: South Bayshore Drive traffic / construction related street parking

•  Lead to the privatization of the island, excluding non-residents from use of the club and other amenities.

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:

savegroveisle@outlook.com

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.

 

Grove Isle briefed by legal advisors on development threat

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+

 

 

.

 

 

 

Grove Isle Board distributes lawyers’ memorandum of 3/25

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.

25 March Memorandum from Weiss Serota Attorneys (click image to open)

Grove Isle Association issues clarification regarding development presentation

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

Coconut Grove Village Council to be updated on Grove Isle developments

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

Preserve Grove Isle: Meeting to discuss developer plans scheduled for March 20th at 6pm

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 condo owners upset about plans for fourth tower”

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.

Thank you for all of your continued support and concern for the future of our GROVE ISLE.

Preserve Grove Isle Committee responds to developer (Grove Isle Associates) e-mail dated 27 February 2014

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.

Grove Isle Board respond to recent developer communications

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)

Grove Isle proposed new tower — Condo Association receives legal opinion

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

Please ensure that you subscribe to our mailing list at the bottom of this page.  This way you will better informed and fully aware of developments as they happen — do encourage others to do the same.

What do you think? Make your views known!