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y \SLESe <br />�01«%�= <br />RECEIVED <br />PZ2025-03 <br />12/16/2024 <br />PLANNING & ZONING DEPT <br />Ms. Amy Canales <br />Planning & Zoning Administrator <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />A3 DEVELOPMENT, LLC <br />17895 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />December 13, 2024 <br />Re: Letter of Intent for Modification of the Offsite Parking Garage Site Plan Approval — <br />Removal of Condition No. 5, Subsection II. of Resolution No. 21-Z-183 (the "Condition")/ <br />Offsite Parking Garage to the Estates at Acqualina, located at 17941 Collins Avenue, Sunny Isles <br />Beach, Florida 33160, Folio No. 31-2211-027-0020 (the "Property"). <br />Dear Ms. Canales: <br />A3 Development, LLC, a Delaware limited liability company, the Developer of the Property, <br />along with co -applicant A3 Atlantic Boulevard, LLC, Delaware limited liability company (together with <br />A3 Development, "A3"), respectfully submit this Letter of Intent in connection with the enclosed Public <br />Hearing Application ("Application") for the Modification pursuant to Section 265-18-1(1) of the City of <br />Sunny Isles Beach ("City") Land Development Regulations. A3 seeks a modification to Site Plan <br />Application No. PZ2021-15 and Resolution No. 21-Z-183 ("Res. 21-Z-183"), which modified the first <br />approved site plan under Resolution No. 20-Z-176 ("Res. 20-Z-176", together with Res. 21-Z-183, the <br />"Development Resolutions"). The Property is an enclosed 10 -story parking garage that provides the <br />required parking and excess parking needs for The Estates at Acqualina, mixed-use condominium <br />project which is located across the street at 17901 Collins Avenue, Sunny Isles Beach, Florida 33160. <br />The Application is being submitted solely to request removal and cancellation of the Condition to <br />underground utility lines. <br />A3 obtained a temporary certificate of occupancy ("TCO") for the Property on January 19, <br />2024, and since then has applied for and obtained four (4) TCO extensions. The latest TCO extension <br />was issued on November 7, 2024, and is set to expire on February 16, 2025. The TCO extensions were <br />required primarily due to the inability to satisfy the Condition, which as explained below, is outside of <br />A3's control. A3 has completed all other required development activities and conditions set forth in <br />the Development Resolutions, with the sole remaining item being the satisfaction of the Condition. <br />Specifically, the Condition requires that Florida Power & Light ("FPL") complete the <br />undergrounding and energizing of existing overhead power lines adjacent to the Property along <br />Atlantic Boulevard before these lines can be abandoned and removed. A3 has underground existing <br />power and utility lines existing on the Property, but the remaining overhead lines fall outside the <br />Property lines. A copy of the Property's underground utilities' As -Built plans and photographs <br />reflecting the condition and location of the existing overhead lines adjacent to the Property are also <br />enclosed. In coordination with the City, who engaged FPL to perform the undergrounding of utility <br />lines for multiple properties and locations throughout the City (including A3's Property), A3 has made <br />every effort with FPL to coordinate and assist with this work, yet FPL's untimely performance has left <br />A3 unable to satisfy the Condition and, consequently, unable to obtain a Certificate of Occupancy <br />("CO") for the Property. <br />Prior to assisting the City's efforts, A3 performed the necessary actions to facilitate compliance <br />with the Condition, such as installing various conduits, including two spare sets for future use, running <br />from the Property neighbor's property, Bank of America (located on 178th Street and Atlantic <br />Boulevard), to the south side of Atlantic Boulevard. Over the past four months, A3 has maintained <br />consistent communication and follow up with FPL, persistently seeking updates on the status of the <br />work and emphasizing the urgency of the situation. Despite these efforts, FPL has failed to commit to <br />a completion timeline citing delays related to customer scheduling and other operational challenges. <br />With no definitive completion date or resolution in sight, this issue has left A3 unable to finalize a close <br />out of the Project. <br />27 <br />