Res No 056-25-16348RESOLUTION NO.056-25-16348
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,APPROVING THE CLASSIFICATION OF
“INDIVIDUALIZED LEARNING SCHOOLS”AS A
PERMITTED USE IN THE RESIDENTIAL OFFICE (RO)
ZONING DISTRICT PURSUANT TO SECTION 20-3.3(C)(5)
OF THE CITY CODE;PROVIDING FOR CORRECTIONS;
IMPLEMENTATION;SEVERABILITY;AND AN
EFFECTIVE DATE.
WHEREAS,the City of South Miami (the “City”)regulates the types of land uses that are
permitted within each zoning district through the City Code of Ordinances (the “City Code”),
including Section 20-3.3,which establishes the Permitted Use Schedule;and
WHEREAS,Section 20-3.3(C)(4)of the City Code provides that uses not listed as either
“permitted by right”or as “special uses”in a zoning district are not allowed unless otherwise
expressly permitted pursuant to Section 20-3.3(C)(5);and
WHEREAS,Section 20-3.3(C)(5)authorizes the Director of Development Services (the
“Director”)to consider the nature of a proposed new or unlisted use,evaluate its compatibility
with other uses permitted in various zoning districts,and determine the appropriate zoning
district(s)within which the use should be permitted,if any;and
WHEREAS,pursuant to Section 20-3.3(C)(5)of the City Code,the Director has received
a zoning opinion of use request regarding the classification of “Individualized Learning Schools”
as a new or unlisted use in the Residential Office (RO)zoning district in connection with the
property located at 6101 SW 76th St,South Miami,FL 33143 (the “Property”);and
WHEREAS,the Director of Development Services reviewed the proposed use and
determined that “Individualized Learning Schools”are characterized by the following attributes
(the “Use Attributes”):
•The use is a school that connects Kindergarten (K)through 12th grade students with
state-certified teachers in various academic and arts subjects of study.
•The learning method is entirely by tutoring or other means of individualized
training,including virtual instruction.
•Infrequent testing or other sessions for demonstrating knowledge and mastery of a
subject,whereby a small group setting is important to testing,may be held in the
school for no more than 8 students at a time.
•The school may also provide education toward test preparation for K through 12
students.
•The school does not provide any facilities for traditional group classroom learning.
Res.No.056-25-16348
WHEREAS,the Director has reviewed the use and considers the Individualized Learning
Schools use to have the same or no more external impact in terms of traffic,parking,noise,or
other effects on the community than a low-impact professional office use that is typical for the RO
zoning district;and
WHEREAS,additionally,Individualized Learning Schools,because of their
individualized method,will not generate peak traffic,parking,or drop-off/pick-up demands that
would be greater than the orderly access and parking requirements of clients to meet with
professionals in the RO district;and
WHEREAS,furthermore,the Director has determined that Individualized Learning
Schools located within an existing RO-zoned building or located in a new structure that is
architecturally similar to and compatible with nearby single-family neighborhoods,is compatible
with RO zoning;and
WHEREAS,the City Manager has transmitted to the City Commission the Director’s
findings and recommendations regarding the classification of Individualized Learning Schools in
the RO zoning district;and
WHEREAS,the City Commission has reviewed the Director’s recommendation and
agrees that “Individualized Learning Schools”are compatible with the RO zoning district and
should be permitted when located in existing RO-zoned buildings or new structures that are
architecturally compatible with the nearby single-family neighborhood;and
WHEREAS,the City Commission desires to approve the classification of Individualized
Learning Schools as a permitted use in the RO zoning district pursuant to Section 20-3.3(C)(5)of
the City Code,provided that,as a pre-condition to issuance of a certificate of use or business tax
receipt reflecting the new use,a property owner execute and record covenant of restrictions
limiting the new use to the Use Attributes;and
WHEREAS,the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Recitals and Findings.The above-stated recitals are true and correct and
are incorporated herein by this reference.
Section 2.Approval of New or Unlisted Use Classification.Pursuant to Section 20-
3.3(C)(5)(c)of the City Code,the City Commission hereby approves the classification of
Individualized Learning Schools as a permitted use in the RO zoning district,as recommended by
the Director of Development Services.Any certificate of use or business tax receipt reflecting the
new use shall,as a pre-condition to issuance,require the property owner execute and record a
covenant of restrictions limiting the new use to the Use Attributes set forth in the recitals.
Page 2 of 3
Res.No.056-25-16348
Section 3.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.
Section 4.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 5.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 6.Effective Date.This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 29th day of July,2025.
ATTEST:
CITY
READ AND APPROVED AS TO FORM,
LANGUAGE,LEGALITY ANDEXECUT^^
WEISS SEROTA HELFMAN COLE
&BIERMAN,P.L.
CITY ATTORNEY
APPROVED:
MAYOR"'
COMMISSION VOTE:5-0
Mayor Javier Fernandez:Yea
Vice Mayor Brian Corey:Yea
Commissioner Lisa Bonich:Yea
Commissioner Steve Calle:Yea
Commissioner Danny Rodriguez:Yea
Page 3 of 3
Subject:
Suggested Action:
Meeting Date:July 29, 2025
Submitted By:Nkenga Payne
Submitted Department:Planning & Zoning Department
Item Type:Resolution
Agenda Section:RESOLUTION(S)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING
THE CLASSIFICATION OF “INDIVIDUALIZED LEARNING
SCHOOLS†AS A PERMITTED USE IN THE RESIDENTIAL
OFFICE (RO) ZONING DISTRICT PURSUANT TO SECTION
20-3.3(C)(5) OF THE CITY CODE; PROVIDING FOR
CORRECTIONS; IMPLEMENTATION; SEVERABILITY; AND
AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PLANNING &
ZONING DEPT.)
Agenda Item No. 10.
CITY COMMISSION Agenda Item Report
Attachments:
Memo Individualized Learning School.docx
Resolution Approving New Use-Individualized Learning Schools in RO District.DOCX
Brightmont South Miami---Use Determination Letter.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO: The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: July 29, 2025
SUBJECT: Classification of “Individualized Learning Schools” as a permitted use in the
Residential Office Zoning District
RECOMMENDATION: Approve the classification of “Individualized Learning Schools” as a
permitted use in the Residential Office Zoning District.
BACKGROUND: A zoning opinion of use request has been received, pursuant to Section 20-
3.3(C)(5) of the City of South Miami zoning code, to recommend the
compatibility of “Individualized Learning Schools” as a new or unlisted use
within the Residential Office (RO) zoning district.
The Director of Development Services has reviewed the “Individualized
Learning School use” and defines it by t he following attributes:
The use is a school that connects Kindergarten (K) through 12 th
grade students with state-certified teachers in various academic and arts
subjects of study.
The learning method is entirely by tutoring or other means of
individualized training, including virtual instruction.
Infrequent testing or other sessions for demonstrating knowledge
and mastery of a subject, whereby a small group setting is important to
testing, may be held in the school for no more than 8 students at a time.
The school may also provide education toward test preparation for
K through 12 students.
The school does not provide any facilities for traditional group
classroom learning.
Section 20-3.1(11) defines the “Residential Office” (“RO”) zoning
district as:
“The purpose of this district is to provide suitable sites which will
accommodate the limited office space needs of certain low-impact
professional services in attractive low-profile buildings on heavily
landscaped sites, architecturally similar to and compatible with
nearby single-family structures. The district should serve as a
transitional buffer between established single-family neighborhoods 2
$South ’Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
and major traffic arterials or more intensive uses and is appropriate
in areas designated "Business Office (Low Intensity and Volume)" on
the City's adopted Comprehensive Plan.”
The Director has reviewed the use and considers “Individualized Learning
Schools” to have the same or no more external impact in terms of traffic,
parking, noise, or other effects on the community than a low-impact
professional office use that is typical for the Residential Office (RO) zoning
district. Individualized Learning Schools, because of their individualized
method, will not generate peak traffic, parking, or drop-off/pick-up
demands that would be greater than the orderly access and parking
requirements of clients to meet with professionals in the RO district. If the
Individualized Learning School is located within an existing RO-zoned
building or if it is located in a new structure that is architecturally similar to
and compatible with nearby single-family neighborhoods, then it is
considered compatible. Upon the approval of this recommendation by the
City of South Miami Commission, an “Individualized Learning School” shall
be a permitted use within the Residential Office (RO) zoning district.
FUNDING: N/A
ATTACHMENTS: Draft Resolution
Brightmont Use Determination Letter
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SoutP'Miami
THE CITY OF PLEASANT LIVING
June 3, 2025
Suramy Cabrera
Development Services Director
6130 Sunset Drive
South Miami, FL 33143
Re: New or Unlisted Use of Similar Nature determination for
Brightmont Academy at 6101 SW 76th St, South Miami, FL
33143
Dear Ms. Cabrera:
This law firm represents Brightmont Inc. D/B/A Brightmont
Academy (“Brightmont”), a fully accredited private school located
at 6101 SW 76th St, South Miami, FL 33143 (the “Property”). This
letter serves as a request for determination letter under Section 20-
3.3 of the South Miami Land Development Code. Brightmont seeks
to be classified as an “Individualized Private School” and further
requests a determination that an “Individualized Private School” is
compatible with the other uses in the RO zoning district, and thus
permissible in the District.
Currently, Brightmont is classified as a tutoring center.1
Brightmont has transformed what a typical classroom looks like to
help students thrive, especially those who have not found success
in typical classrooms. Rather than a classroom of 20 students or
more, Brightmont offers a one teacher to one student classroom
with customized learning, a flexible schedule and a place to belong.
Teachers follow a standards-based college prep curriculum and
apply different teaching methods that meet a child's needs and
help them learn more effectively. As a COGNIA accredited private
school, the curriculum includes math, language arts, science, social
studies, foreign language, and electives for 1st through 12th grade.
In addition, Advanced Placement and Honors courses are offered.
1 According to Miami-Dade RER the Business Use is “Services - Miscellaneous. Tutoring.”
200 S. Biscayne Boulevard
Suite 300, Miami, FL 33131
www.brzoninglaw.com
305.377.6238 office
305.377.6222 fax
mmarrero@brzoninglaw.com
7
BERCOW
RADELL
FERNANDEZ
LARKIN
TAPANES
ZONING,LAND USE AND ENVIRONMENTAL LAW
Page 2
Bercow Radell Fernandez Larkin & Tapanes | 305.377.6238 direct | 305.377.6222 fax | mmarrero@brzoninglaw.com
However, Brightmont wishes to be categorized as an “Individual Private School” to
increase Brightmont’s ability to access to vital state and federal education resources that are
otherwise unavailable to institutions not formally recognized as schools. Brightmont seeks a
favorable determination that such a use is permitted in districts zoned RO.
Property. The Property, further identified by Miami-Dade County Folio No. 09-4036-027-
0180, is zoned RO, Residential Office. The Property is approximately 14,000 square feet with a
building that is approximately 4,000 square feet. The Property’s proximity to the US-1, while
nestled near quiet residential neighborhoods makes it the ideal setting for a community use,
such as a private school.
Section 20-3.3. Under Section 20-3.3 of the South Miami Land Development Code the
director of building/zoning and community development can consider the nature of a proposed
use, consider its compatibility with other uses permitted in the various districts and determine
whether the zoning district or districts within which the use should be permitted, if any.
Thereafter, the city manager transmits the findings and recommendations of the director of
building/zoning and community development for the classification proposed for any new or
unlisted use to the city commission for review at its next regularly scheduled meeting.
Proposal. The Applicant proposes to utilize the Property in the same manner it is used
today, merely under a different classification. The formal classification of the facility as a “school”
is critically important not only for regulatory clarity but also for funding purposes. Various state
and federal education programs and grants—many of which are essential to supporting
students, particularly those with special educational needs—are available exclusively to
institutions that are officially recognized as schools. Tutoring Centers, by contrast, do not qualify
for these funding sources, regardless of the educational services provided, student outcomes
achieved, or national accreditation. A possible definition for the use could be as follows:
Individualized Private School shall be a school of no more than twenty (20)
classrooms that provides primary or secondary schooling solely on a one-to-one
basis, where every classroom session includes one student and one teacher.
Individualized Private Schools may also offer tutoring and test preparatory services
to students.
By recognizing the institution as an “Individualized Private School.” under the municipal
zoning code, the City of South Miami will enable access to these crucial resources, expand
educational access, and ensure sustainability of programs for the benefit of the local community.
That said, the proposed change in classification will have no practical impact on the
existing, planned, or anticipated uses of the Property. The current classification as a Tutoring
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Bercow Radell Fernandez Larkin & Tapanes | 305.377.6238 direct | 305.377.6222 fax | mmarrero@brzoninglaw.com
Center is appropriate on its face because the education is done one a one-to-one basis. One
teacher instructs one student at a time. However, Brightmont’s novel education program
deserves its own novel classification.
Currently, in the RO zoning district, Tutorial Services are permitted by right according to
Sec 20-3.4 of the South Miami Land Development Code. So too should the RO zoning district
permit “Individualized Private Schools” by right. The impact on the district is exactly the same as
a tutoring center. Brightmont serves a maximum of 20 students on-site at any one time; thus
there is no traffic created during pick-up or drop-off times. In fact, student drop-off and pick-up
are scheduled by appointment and take place entirely on-site, with no queuing onto public
streets. The facility contains approximately 4,000 square feet of gross floor area and
approximately 13 parking spaces. Due to the nature of the instruction, Brightmont requires no
more parking than a tutoring service. A change in the classification will create no change in the
student population or intensity of use, and traffic will not be impacted.
Brightmont is currently operating as a Tutoring Center and believes reclassifying its use
to “Individualized Private School” is compatible with other uses permitted in the various districts,
specifically the RO zoning district. A favorable determination that the use is permitted in the RO
zoning district would allow Brightmont to continue its great work while expanding its access to
much needed federal and state funding.
Conclusion. Brightmont respectfully requests the City of South Miami’s support in
determining that “Individualized Private School” is appropriate for the RO zoning district. The
reclassification of use will not alter the existing use or operations of the Property, which has
already demonstrated compatibility with the surrounding neighborhood and consistency with
the intent of the RO zoning district. Rather, the reclassification will allow expanded access to vital
state and federal education resources that are otherwise unavailable to institutions not formally
recognized as schools. The RO zoning district already permits tutoring by right, Brightmont
requests a determination from the City that an “Individualized Private School” would also be
permitted.
Thank you for considering this request, we are looking forward to working with you on
this matter.
Sincerely,
BERCOW RADELL FERNANDEZ LARKIN & TAPANES PLLC
9
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Bercow Radell Fernandez Larkin & Tapanes | 305.377.6238 direct | 305.377.6222 fax | mmarrero@brzoninglaw.com
Michael J. Marrero
cc: Anthony Recio, City Attorney
Mark Alvarez, City Planner
Marcus Lightfoot, City Planner
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