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 residents turned out in force today to hear that the Developer’s motion to dismiss our injunction was denied. One hundred and twenty islanders filled the courtroom and proceedings only finished at 5pm. The hearing will continue on Wednesday (4/29) at 10.30am in the same courtroom. We encouraged you to join us then to help Preserve Grove Isle.
For latest update please see http://eepurl.com/bldCeH
Grove Isle Association Memo April 25 2015 (click to open)
Having closed shared club and residents parking lots on the island, despite easements to the contrary, the developer has now circulated an open letter regarding the future of the Grove Isle Club, which he owns and operates for the benefit of residents of Grove Isle. In this letter, the developer has asked residents to make a false choice between membership options which effectively compromises their rights and closes the club. Just how low can you go?
Grove Isle Club Developer message was left at residents’ doors yesterday
The Board of Directors has distributed the following message to residents: “We suggest owners consider withholding any response to the Club letter seeking a membership choice while our legal team evaluates the potential effect on our rights. You will receive further information early next week.” PGI concurs with the Board and believes – especially in the absence of notification to members that the Club would close – that this request of the Club’s owners is deceptive and serves to minimize the responsibility for the abandonment of the Grove Isle Club by the Club owner. A copy of the Board’s response may be accessed [by clicking here].
PGI strongly believes that residents should not respond to the developer’s proposed options.
Furthermore, with the commissioner candidates for District #2 visiting Grove Isle on 15 April, it will be important to direct to them specific questions concerning development of Grove Isle, the North Grove and Coconut Grove in general.
This is an important opportunity to change the current dynamics by finding politicians that seem more in step with our values.
Grove Isle Invites Miami District 2 Commission Candidates (click image to open)
We provide the following background on this issue for your ease of reference:
Manatee and pup recently enjoying the sea grass around Grove Isle
Grove Isle residents recently received an update from the island’s Board of Directors.
The key points of this update are as follows:
A copy of the Board’s memo follows below (click image to open document).
Grove Isle memo 27 March 2015 (click to open)
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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Yesterday the developer sent out the March Grove Isle Club calendar. On the back is a notice that complimentary valet parking is now being offered to all Club members. This appears like a retreat on the developer’s previous position (see previous posts).
This last development shows at best poor planning and communication from the developer, or at worst an attempt to manipulate the feelings of as many people on the island as possible.
The simple fact is that Grove Isle could not have been built without enough parking spaces. An agreed number of shared spaces (our research shows this to be 111 spots) was/is a city requirement.
We trust that the Grove Isle Board will continue to robustly deal with this dispute.
Miami Police were present with tow trucks on Grove Isle at 6am this morning
Extremely rapid action by our Board and lawyers halted the latest parking action by the 4 Grove Isle developer. An emergency injunction was issued in our favor at 8.19pm on Sunday. This court order was shown to the police at 6.00am this morning. The police then ordered the developer’s tow trucks off the island. The Board expects the matter to be addressed in court later this week.
A copy of the Board’s latest memo regarding this matter follows below (click image to open).
GI Board memo regarding injunction regarding developer’s parking action (click image to open)
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)
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
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:
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.
It has been a quiet summer on the development front vis a vis Grove Isle—at least on the public side. As a reminder, the developer has taken a three pronged approach to move his agenda forward: (1) Mediation with the Board of Directors. The first (and only) meeting was held in June, with the understanding that the Board requested more detailed plans that have not since been received; (2) the developer’s initiation of litigation against the City of Miami to move his application for an 18 story tower forward; this application is based on one side of an interpretation of the Settlement of 1977 that led to the development of Grove Isle; (3) the developer’s application to have a portion of 4 Grove Isle rezoned from T5 to T6-8, thus allowing for building of a condo tower under current zoning law, Miami 21. In the mix of these activities was also a proposal by the developer to limit the height of the tower to 12 stories and 168 feet. In the meantime, many competing luxury condo tower projects are either in construction or past the permitting phase in Miami, with construction imminent.
Members of the Grove Isle Club—essentially all residents of Grove Isle—have been invited to a informational meeting at the Club on October 10 at 4 pm by the developer. As indicated below in the invitation, among the agenda items included are the timing of demolition of certain club facilities, new club facilities, alternative club facilities during construction. It is unfortunate that the developer has elected a time that makes attendance by members difficult: at 4 pm, members who have their primary residence at Grove Isle are still at work; and the snowbirds are not scheduled to start arriving until the beginning of November.
Developer’s Notice of Meeting & Agenda (click to view)
The Board of Directors of the Grove Isle Condominium Association immediately sent out an announcement to all residents of Grove Isle. This announcement, copied below, specifically emphasizes that the City of Miami has not issued a permit for demolition to the developer. Furthermore, it was confirmed that this informational meeting has been called by the developer and not the Condo Association.
Grove Isle Condo Board’s response to the developer’s notice (click to view)
In our effort to keep everyone abreast of the potential development of 4 Grove Isle with a residential tower of luxury condominiums, we provide this information in the interest of transparency. We thank the Board for their continued vigilance.
Committee to Preserve Grove Isle
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
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.
* T5 Zoning may mean the proposed structures are actually equivalent to 8 stories high.
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