Res No 158-24-16263RESOLUTION NO. 158-24-16263
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, APPROVING A DEVELOPMENT AGREEMENT
WITH SUNSET OPPORTUNITIES BI, LLC, AND SUNSET C1, LLC, FOR
THE 10.09-ACRE PROPERTY KNOWN AS "SUNSET PLACE" LOCATED
AT 5701-5795 SW 72 STREET (SUNSET DRIVE) IN THE DOWNTOWN
SOMI (DS) DISTRICT, PURSUANT TO SECTION 163.3220 THROUGH
163.3243, FLORIDA STATUTES, AND SECTION 20-12.13 OF THE LAND
DEVELOPMENT CODE; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE DEVELOPMENT AGREEMENT AND ALL OTHER
SUPPORTING INSTRUMENTS REQUIRED BY THE LAND
DEVELOPMENT CODE FOR DEVELOPMENT OF THE PROPERTY;
PROVIDING FOR CORRECTIONS; IMPLEMENTATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Sunset Opportunities B1, LLC, together with Sunset Cl, LLC
(collectively, the "Applicant") owns two (2) parcels located at 5701 SW 72 Street and 5795 Sunset
Drive, South Miami, Florida, identified by Miami -Dade County Property Appraiser Folio Nos. 09-
4025-031-0060 and 09-4025-031-0170, respectively (collectively, the "Property") in the
Downtown Somi (DS) District; and
WHEREAS, on November 21, 2023, the City Commission (1) passed Ordinance No. 24-
23-2474, amending Policy 1.1.1 of the Future Land Use Element of the City of South Miami
Comprehensive Plan to modify the description applicable to the Downtown SoMi Future Land Use
Category and (2) passed Ordinance No. 24-23-2475, amending the City's Comprehensive Plan
Future Land Use Map to designate property located at 5795 Sunset Drive from Mixed -Use
Commercial Residential to Downtown SoMi Future Land Use Category; and
WHEREAS, on November 21, 2023, the City Commission passed (1) Ordinance No. 26-
23-2477, amending Article III "Zoning Regulations" of the LDR to modify the "DS" Downtown
SoMi District and (2) passed Ordinance No. 26-23-2476, amending the zoning map of the City to
change the zoning district applicable to property located at 5795 Sunset Drive from Specialty
Retail with Hometown District Overlay Designation to Downtown SoMi zoning district with no
Hometown District Overlay; and
WHEREAS, the Applicant submitted an Initial Site Plan for the proposed redevelopment
of the Property, as required by §20-12.13(1) of the Land Development Code ("LDC"); and
WHEREAS, on September 10, 2024, the Planning Board reviewed and provided
comments for the City Commission's consideration regarding the relationship of the Initial Site
Plan to the existing comprehensive plan and existing land development regulations; and
Res. No.158-24-16263
WHEREAS, as set forth in LDC §20-12.13(3), City Commission approval of the Initial
Site Plan for the proposed development of the Property "shall be subject to the applicant entering
into a Development Agreement approved by the City Commission consistent with the
requirements" of the Act; and
WHEREAS, the Applicant seeks to enter into a Development Agreement, in substantially
the form attached in Exhibit "A," to govern development of the Project on the Property (the
"Development Agreement"); and
WHEREAS, the Development Agreement contemplates development of 1,513 residential
dwelling units and approximately 550,000 square feet of non-residential floor area including
Commercial, Food & Beverage, Office and Hotel proposed uses, in areas zoned for a maximum
height (including bonuses) of 12, 15, 25, and 33 stories; and
WHEREAS, the City Commission, having held duly noticed public hearings on October
11 2024 and -October 15, 2024, pursuant to Sections 163.3220—163.3243, Florida Statutes (2024),
finds that the Development Agreement is consistent with the City's comprehensive plan and the
LDC; and
WHEREAS, the City Commission further finds that the Development Agreement meets
the requirements of Section 20-12.13 of the LDC, and Sections 163.3220 — 163.3243, Florida
Statutes (2023), and wishes to (i) approve the Development Agreement and authorize the City
Manager to finalize and execute the Development Agreement in substantially the form attached as
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Recitals and Findings. The recitals set forth in this Resolution are true and
correct, and are supported by competent substantial evidence, and they are incorporated into this
Resolution by reference as if set forth in full herein. The City Commission finds that the
Development Agreement meets the requirements of Section 20-12.13 of the LDC and Sections
163.3220—163.3243, Florida Statutes (2024).
Section 2. Approval. The City Commission hereby approves the Development
Agreement in substantially the form attached as Exhibit "A."
Section 3. Authorization to Execute Development Agreement. The City
Commission hereby authorizes the City Manager to finalize and execute Development Agreement
in substantially the form attached as Exhibit "A."
Section 4. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Resolution for signature.
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Res. No. 158-24-16263
Section 5. Implementation. That the City Manager is authorized to execute any
required documentation or take any action that is reasonably necessary to implement the purpose
of this Resolution.
Section 6. Severability. In the event any portion or section of this Resolution is
determined to be invalid, illegal or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no way affect the remaining portions of this Resolution, which shall remain
full force and effect.
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED on First Reading on the 1 st day of October, 2024.
PASSED AND ADOPTED on Second Reading this 151h day of October, 2024.
ATTEST:
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CI LE
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE ON FINAL
LANGUAGE, LEGALITY, AND ADOPTION: 5-0
EXECUTION THEREOF Mayor Javierndez: Yea
Vice Mayor Lisasa Bonich: Yea
Commissioner Steve Calle: Yea
Weiss Serota Helfman Cole & Bierman, P.L Commissioner Brian Corey: Yea
CITY ATTORNEY Commissioner Josh Liebman: Yea
First Reading:
Moved By: Commissioner Liebman
Seconded By: Vice Mayor Bonich
Second and Final Reading:
Moved By: Commissioner Liebman
Seconded By: Mayor Femdndez
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