Tag Archives: Upzoning

Grove Isle (Over) Development 101

Rendering of Sailboat Key (38 Storey)

Rendering of Sailboat Key / Grove Isle (4 x 38 Storey)

The goal of Preserve Grove Isle is to provide to residents of Grove Isle and the public in general accurate and objective information related to the history of development and the legal issues related to proposed development of 4 Grove Isle.  We have worked to provide accurate and detailed information to make certain that the issues before Grove Isle, Grove Isle Associates (the Developer) and the City of Miami are transparent.  After all, “sunshine” is what makes Miami, and sunshine on these issues is good for the public interest.

Please scroll down to read a summary of our research.

Sailboat Key (Grove Isle) 4 Towers & Club with Parking

Sailboat Key / Grove Isle Towers, Club with Extensive Parking

To this end, under the “Documents” tab on the home page, we have made available public documents, including contracts, filings, permits, and plans related to the proposed development of 4 Grove Isle.  Some of these documents are very old, dating back into the 1970’s, whereas others are recent.  These documents provide the legal basis for our claim that the Settlement Agreement of 1977, signed by the City of Miami, the then owner/developers and those from Coconut Grove who originally opposed the proposed plan of development of Sailboat Key on Fair Isle, limits further development of Grove Isle.

Alternative Rendering of Sailboat Key (1500 Car spaces)

Alternative Rendering of Sailboat Key / Grove Isle

In summary, the documents show:

1]  Grove Isle’s original development was complicated by legal and political action.  The local community was in total opposition to the development and expressly the overdevelopment of an undeveloped island with its plan to build four 40 story towers with 2000 units and 1500 parking spaces.

2]  The process resulted in a compromise that shaped the island as we see it now. After significant litigation, the Settlement of 1977 defined what would be allowed and the location of all of the elements, including the club on the eastern shore of the island.

3]  Building permits were issued, three 18 story towers and one five story tower were built and certificates of occupancy issued—all within the constraints of the Settlement of 1977.

4] Sale of 4 Grove Isle in March 2013 and plan to build an 18 story residential tower on the site of the hotel/restaurant/club—after over 30 years without change on the island.

5] Weiss-Serota Memorandum of Law claiming the absence of vested rights to build an 18 story tower based on the Settlement of 1977 and the importance of current zoning law, Miami 21.

Grove Isle Condominiums and Club Rendering

Grove Isle Condominiums and Club Rendering

For access to the PGI document archive please go to the DOCUMENTS section of this web site. .

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Yet another flaw in the Grove Isle planning process?

The Grove Isle Board maintains its view that flaws seen in the developer’s latest plans should not be ignored by the City.  The Board’s lawyers had previously appealed the City’s Planning Administrator’s decision and argued that developer’s plan was non-compliant with Miami21 planning regulations (click  for earlier post).  To which the City has replied that its approval was part of a private process between itself and the developer.  As a result, the Grove Isle Board has stated that it intends to challenge this determination in order to protect the rights of the island’s residents.

Grove Isle Association Memo Jan 23 2015

Grove Isle Association Memo Jan 23 2015

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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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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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