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Beach Club Acquisition, LLC 19950 West Country Club Drive, l Oth Floor Aventura, Florida 33180 May 29, 2024 City of Sunny Isles Beach Building Department (the 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attn: Amy Canales C174 o, t \S LES RECEIVE PZ2024-03 5/29/2024 PLANNING & ZONING DEPT. Re: I" Amended Letter of Intent / Beach Club Acquisition, LLC ("A-994�—canf") / Property located at 18501 Collins Avenue, Sunny Isles Beach, FL 33160, Folia: 312202-003- 0190 rEfflaet A19 and known as Turnbeny Ocean Club /Public Hearing Application Number: PZ2014-08 ("Anylication ") fora modification to the site plan approval for the Property As you know, Applicant submitted the Application on May 9, 2024, which included Applicant's letter of intent dated May 8, 2024 requesting the removal and cancellation of the condition to underground utility lines ("Undergroundin¢ Work') referenced in Section V.B.21 of Resolution Zoning 14-2-143 ("Resolution'). Through the review of the Application, the City noticed that only five (5) of the seven (7) Date Palm Trees that were included in the northwest comer of the Property (the "Northwest Area") within the overall landscape sheet included in the approved site plan for the Property (the "Site Plan"), which portion of the overall landscape sheet included in the Site Plan is attached hereto as Exhibit A. had been planted. The City reached out to Applicant to find out when the other two (2) Date Palm Trees would be planted, and Applicant explained that such trees could not be planted due to the Easements (defined below) that had been granted during the construction of the project. On May 28, 2024, Applicant received correspondence from the City that Code Seo. 265-71.0 requires a minimum of seven (7) trees to be planted in the Northwest Area and Applicant would be required to obtain a variance from such Code section in order to reduce the quantity of trees required in the Northwest Area from seven (7) to five (5) ("Variance'). The Variance is necessary as the planting of any trees (i) within the easement area granted to the City of North Miami Beach in that certain Grant of Easement for Water Facilities dated April 22, 2021 and recorded May 25, 2021 in OR Book 32527, Page 1885 and (ii) within the easement area granted to FP&L in that certain Underground Easement (Business) dated March 18, 2021 and recorded on April 1, 2021 in. OR Book 32426, Page 3587, each of which was recorded in the Public Records of Miami -Dade County, Florida (collectively, "Easements", which are attached hereto as Exhibit B, and the easement areas within the Easements are the "Easement Areae), will likely interfere with (i) the water facilities and underground electric utility facilities installed underground in the EasementAreas (collectively, "Underground Utilities") and (ii) the ability of FP&L and the City of North Miami Beach to maintain the Underground Utilities in accordance with their obligations under the Easements. Accordingly, the Applicant respectfully requests the following: 1. The granting of the Variance under Code Sec. 265-71.0 such that only five (5) Date Palm Trees, rather than seven (7) Date Palm Trees, will be required to be planted in the Northwest Area in order to not interfere with the Underground Utilities and to provide the City of North Miami Beach and FP&L with the ability to maintain the Underground Utilities; 18