Tag Archives: Developer

Grove Isle Club to stay open pending legal case(s)

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

Legal update from The Grove Isle Board – April 29 (click to open)

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BUS IMAGE

GROVE ISLE RESIDENTS!  WE NEED YOUR PRESENCE FOR THIS IMPORTANT COURT HEARING ON:

MONDAY, APRIL 27, 2015 AT 1:30 P.M.

AT THE

DADE COUNTY COURTHOUSE
73 WEST FLAGLER STREET, 4TH FLOOR

BEFORE JUDGE BRONWYN MILLER

ON OUR MOTION TO KEEP THE CLUB OPEN AND AVOID THE DESTRUCTION OF OUR BEAUTIFUL ISLAND.

IF YOU WANT FREE PRIVATE AIR CONDITIONED BUS TRANSPORTATION TO AND FROM THE COURTHOUSE

PLEASE EMAIL ALAN GOLDFARB BY SUNDAY APRIL 26, 2015 3:00 PM.

agoldfarb@goldfarbpa.com

WE WILL MEET IN BUILDING I LOBBY AND THE BUS WILL LEAVE FROM THE LOT NEXT TO BUILDING I.

PLEASE HAVE YOUR FRIENDS JOIN US.  PLEASE ENSURE TO RSVP WITH NUMBERS AS SOON AS POSSIBLE.

THERE ARE PLENTY OF PARKING LOTS AROUND THE COURTHOUSE.

(CLICK FOR MAP)

Grove Isle Memo Apr 25 2015

Grove Isle Association Memo April 25 2015 (click to open)

 

Grove Isle Legal Challenge: LET’S GET ON THE BUS!

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Grove Isle Developer Fails to Respond to Residents… Again.

Manatee and pup visiting Grove Isle

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:

  • The Association is initiating legal proceedings against the developer who has failed to respond to residents’ questions regarding the loss of shared parking on the island.  Prior agreements between the owners of 1-2-3 Grove Isle (the Association) and 4 Grove Isle (hotel, club, spa, etc.) provide easements to the other’s properties, as defined in recorded documents.
  • The City of Miami has not approved or declined the developer’s request to demolish the Grove Isle Club.  The Association has voiced strong opposition to demolition in the absence of a building permit.
  • As an internal matter, completely separate from the issues with the Developer, the capital improvements assessment is undergoing a value engineering review.  A group of concerned residents have asked for (and sponsored) a peer review process of the capital improvements project(s) before the Board of Directors passes a resolution to proceed with these works.

A copy of the Board’s memo follows below (click image to open document).

Grove Isle BOD memo 27 March 2015

Grove Isle memo 27 March 2015 (click to open)

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Grove Isle: legal & parking update

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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Frustrated Developer Attempts to Influence Grove Isle Residents

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.

Grove Isle Developer

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:

  • He claims to be concerned about residents’ legal costs while he retains legal teams to undermine residents’ rights
  • He claims support from a majority of residents for his plans (when the opposite is true)
  • He makes no mention of the past mediation procedure during which he repeatedly failed to answer the Grove Isle Board’s questions or his attempt to get the land rezoned while repeatedly misquoting the Board’s legal opinion
  • He believes that all works (Residents’ renovations and new development) should be done simultaneously without considering the logistical impossibility of this suggestion (where would we put all the trucks/building equipment?)
  • He attempts to blame his newly introduced parking restrictions on the Board by citing unaddressed safety concerns two whole weeks after the fact and after having attempted to have residents’ cars towed

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

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?

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 21Rest 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.

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Grove Isle: New member-only valet parking policy

 

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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.

 

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Grove Isle: developer’s tow trucks ordered off the island

tow truck grove isle

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).

grove isle parking developer injunction

GI Board memo regarding injunction regarding developer’s parking action (click image to open)

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Developer demands Grove Isle owners park elsewhere

GI Parking

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 parking

Grove Isle memo regarding 4 Grove Isle Parking notice  (click to open)

Grove Isle parking

4 Grove Isle Parking notice to Grove Isle residents (click to open)

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Grove Isle lawyers fault developer’s latest plan

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 t5r

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 appeal

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

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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 21Grove 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 Jan 2015

Grove Isle Board Memo Jan 9, 2015 (click on image to open document)

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Yet another plan for condominiums on Grove Isle

Grove Isle

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 Wrap Around

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:

  1. In their Memorandum of Law, Weiss and Serota (Grove Isle Board’s lawyers)  relied on  the Settlement of 1977 to argue that Grove Isle is already fully developed. How does this argument interface with the new proposals before the City of Miami Planning Board?
  2. The Developer previously proposed an 18 story tower to the City of Miami.  Where does that proposal stand?  Has it been withdrawn, disapproved or is it still pending?
  3. The Developer modified the proposed 18 story tower to a 12 story tower.  Where does that proposal stand?  Has it been withdrawn, disapproved or is it still pending?
  4. Where does the effort of the Developer to rezone part of his property to Miami 21 T6-8 now stand?  (This would allow for the Tower).  Has that been withdrawn, disapproved or is it still pending?
  5. In the event of the  Developer possibly gaining permission to build 80 ft high multi-story residential condos, can he later build upward on top of  them if granted a rezoning or a variance?  Given the high density of the proposed buildings, is this a ruse to encourage residents of Grove Isle to support an 80 ft high multi-story project with a view to turning it into a fully-fledged high tower at a later stage?
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Grove Isle: Seduction… or Attempted Seduction

Grove Isle New Club Facilities are presented

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

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.

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Are Storm Clouds Approaching Grove Isle?

Storm passing Grove Isle

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.

Grover Isle Club Notice

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

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

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Grove Isle Board issues update on proposed development

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.

Latest moves made on 4 Grove Isle Condominium Board site

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.

Grove Isle North Grove

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 Association Board Memo Aug 28 2014

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Developer Moves to Rezone 4 Grove Isle

Priceless views from Grove Isle

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

Grove Isle Board Memo July 24 2014 (click to open)

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Grove Isle mediation update

grove isle negotiator tracker

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.

Grove Isle Fencing Demolition

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 20, 2014 (click to open)

Grove Isle Condominium Board Memo of June 27, 2014 (click to open)

Grove Isle Condominium Board Memo of June 27, 2014 (click to open)

 

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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

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.

fencing and demolition

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.

Traffic Issue

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.

Map showing depth of bay around Grove Isle

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.

delivery traffic

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.

developer dredge biscayne bay

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

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Grove Isle Mediation Begins

Long views over Biscayne Bay (Grove Isle May 2012)

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.

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Grove Isle briefed by legal advisors on development threat

Rowing on Biscayne Bay - Grove Isle

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.

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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.

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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.

Appeal Report Image

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.

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

Grove Isle Condo Assoc Memo 19 March 2014

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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

Coconut Grove Council Meeting Agenda – March 25, 2014

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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 Assoc Memo 13 March 2014

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.

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Grove Isle Memorandum Regarding Developer Plan A and B

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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

Grove Isle Board response to developer (21 February 2014)

Grove Isle Board response to developer communications (28 February 2014)

Grove Isle Board response to developer (28 February 2014)

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