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15To: Via: From: Hate: CITY OF SOUTH MIAMI OFFICE OF THE CiTY MAisJAGER !NTER-OFFICEMEMORANDUM South Miami hOd riTfP The Honorable Mayor Stoddard and Members of the Ciiy Commission Hector Mirabile, .Ph.D., Ci Y7 ty Manacror /r Christopher Brimo, AICP _I Planning Director rt~J ~ r November 1, 2011 tTEM No,---,LL..oiLIIIL-__ Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the -text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order t{) adopt a new future land use map category entitled "Religious (Two-Story)," which could be applied to development projects and properties providing religious facilities· and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding districts; providing for severability, providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The subject application is a Comprehensive Plan Future Land Use Element .amendment that was initiated at a workshop held by the CityCommission on April 12, 2011. At the workshop, it was decided that the new future land use map category titled "Religious (Two-Story)" be created so that religious uses would no longer belong as a sub-category to PubliclInstitutiona1 Uses. The City Commission at its May 3, 2011 meeting passed on first reading, a new future land use map category for "Religious (Two-Story)"; the proposal passed by a vote of 4-1. This proposed amendment was transmitted to the Florida Department of Community Affairs (DCA) and respective agencies pursuant to Section 163.3184 (2) and (3), Florida Statutes, as part of an amendment package desiguated 11-TESR. The DCA and respective agencies found that the proposed amendment has no adverse impact. The City may now adopt this proposed plan amendment. Upon final adoption, the item will be transmitted to the State pursuant to the requirements of Chapter 163, Florida Statutes. It is important to note that the effective date of the ordinance has been amended with language received from .the State, to reflect statutory requirements for expedited reviews. As previously noted, the backup comments from the DCA and respective agencies for the ,amendment package 11-IESR are attached to the first ordinance. COMPREHENSIVE PLAN AMENDMENT: GENERAL lNFO.RMATION(FR:OM MA¥3,2011) A change in the Comprehensive Plan Future Land Use Element can be initiated by a pIoperty owner, the Local Planning Agency and the City Commission. An amendment to 2 the City's Comprehensive Plan document or the flltnTe land use map category requires the adoption of an ordinance by the city commission after receiving advise from the City's Local Planning Agency l'oll()wing adoption of the application by the City Commission, the application package is then submitted to other agencies and the Florida Department of Community Affairs (DCA) for review and approval. ANALYSIS: NATURE OF THE PROPOSED USE Currently, there is no definition listed in the Land Development Code for religion However, both the Webster's Seventh New Collegiate Dictionary as well as the website for Merriam-Webster Dictionary defines religion as follows: , Religion. A personal set or institutionalized system of religious attitudes, beliefS, and practices CURRENT LAND USE CATEGORY The land use category that is currently in the Comprehensive Plan reads as follows: Public aad Semi Public Institutional Uses (Four-Story) The public and semi public institutional land use category is intended to provide for public schools, municipal facilities, utilities, aat1 churches, temples, svnagog]les and similar uses. Areas designated public and semi public institutional shOUld not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional semi publio uses on sites not so designated by this plan. Schools are harel3y meant to be institutiOIl5 of general eaaeation offcrillg kindergarten through +;;>,'" grade eaaeation or some substantial portion thereof Building heights shaH not elwood the average of the maximum pemiltted in the surrounding zoning districts, but in no ease shall a buildillg elloeed four stories. (97-1ER) PROPOSED FUTURE LAND USE. CATEGORY Religious (Two-Story) The "religious uses" land use category is intended to be applied to development projects and properties providing religious facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatIble with surrounding districts. Areas designated religious should not be used for other purposes without an amend..ment to this plan. Zoning regulations could permit religious uses on sites not so designated by this plan. Building heights shall not exceed the average of the maximum permitted in the surrounding zoning districts, but in no case shall a building exceed two stories. Permitted heights, densities, and intensities shaH be set forth as part of a corre§ponding zoning. use district in the Land Develgpment Code subi;ect to the following maximum levels of development: maximum building height oJ-two stories. N:EW FUTURE LAND USE CATEG9RY In order to create an appropriate land use category and zoni.rtg district that would assist in implementing this service, the Plmmingand Zoning Department, worldng with the City Commission have prepared a new future land use element which could be applied to 3 areas that could allow for religious services. The following parameters were used to develop the category: 1. The new land use category cannot.exceed the maximum of two (2) stories. 2. The maximum building height for the new land use category shaU be as per the following sub-parameters: a. Compatible with the surrounding and abutting properties and the immediate neighborhood; b. Consistent with the zoning district that the site is located in; c.Consistent with the Dimensional Requirements for Non-Residential Districts, Section 20-3.5( G} of the .Land Development Code; 3. The maximum density for .thenew land use category shall be as per the following sub-parameters: a. Compatible with the surrounding and abutting properties and immediate neighborhood; b. Consistent with the zoning district that the site is located in; c. Consistent with the Dimensional Requirements for Non-Residential Districts, Section 20-3 .5(G) of the Land Development Code; 4. Impact of the proposed use on the city's infrastructure; and 5. Is the amendment compatible with and does it advance the city's objectives and policies contained in the comprehensive plan .. If the "Religious (Two-Story)" category is approved and adopted by the City Commission, the City can then proceed to change the Future Land Use Map by.applying this category over appropriate properties. 4 EXCERPT FROM LAND DEVELOPMENT CODE. SECTION 20-3.5(G) Section 20-3.5G DIMENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS REQUIREMENT RO LO MO NR SR OR I Min .. Lot Size Net Area (sq. ft.) 7,500 7,500 10,O00 7,500 5,000 10,000 5,GOO Frontage (ft) 75 75 100 75 50' 100 50 Min. Setbacks (ft.) Front 25 20 15 b 25 lOb 20 20 Rear 20 15 10 15 10 15 a Side (Interior) 10 10 0 Side (Street) 20 15 10 15 lOb 15 15 Adj. Res. Dist. 25 25 25 25 25 25 25 Side (w/drivceway) 20 20 20 20 20 20 20 Between Buildings 20 20 20 Max. Building Height Stories 2 2 4 2 .4 2 2 Feet 25 30 50 25 50 30 30 Max. Building Coverage (%) 30 Max. Impervious Coverage(%) 75 80 85 75 90 85 85 Max. Floor Area Ratio (FAR) D.30 .70 1.60 .25 1.60 .80 .80 a 5' setback with wan opening -adjacent to rear property line; no setback if no openings in wall. b Applies to ground floor only; columns are permitted within the setback. Columns shall not be greater than 24 inches in diameter; columus on the property line shall not be closer to each other than 10 feet. C The frontage requirement does not apply to· uses in the SR District. LOCAL PLANNING AGENCY. RECOMMENDATION The Local Planning Agency at its meeting on Apri126, 2011 after public hearing, adopted a motion by .a vote of 5 ayes. 1 nay (\'Ilhitman) recommending approval as presented of the proposed amendment. RECOMMENDATION It is recommended that the amendment set forth above be adopted on fInal reading and transmitted to the State. Attachments: Draft Ordinances Public Notices CB Z:IComm ItemsI201l!11-1-IIIFinal-Comp Plan Ord new ReligiouslFLU Religious Report.doc 1 ORDINANCE NO. _____ _ 2 3 An Ordinance of the Mayor and City Commission of the City of South Miami, 4 Florida, amending the text of the South Miami Comprehensive Plan, by amending 5 the Comprehensive Plan Future Land Use Element in order to adopt a new future 6 land use map category entitled "Religious (Two-Story)," which could be applied to 7 development projects and properties providing religious facilities and could also 8 permit other ancillary uses implemented by the category, with building heights and 9 intensities compatible with surrounding districts; providing for severability, 10 providing for ordinances in conflict; and providing an effective date. 11 12 WHEREAS, the Florida Legislature intends that local planning be a continuous 13 and ongoing process; and 14 15 WHEREAS, Section 163.3191, Florida Statues, directs local governments to 16 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate 17 policy guidance for growth and development; and 18 19 WHEREAS, On April 12, 2011, the City Commission held an advertised 20 workshop that initiated various text amendments to the South Miami Comprehensive 21 Plan; and 22 23 WHEREAS, the Local Planning Agency at its meeting on April 26, 2011 after 24 public hearing, adopted a motion by a vote of 5 ayes I nay recommending approval as 25 presented of the proposed amendment; and 26 27 WHEREAS, the City Commission desires to accept the recommendation of the 28 Local Planning Agency and enact the aforesaid amendment. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR A.ND THE CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 32 33 Section 1. The City Commission hereby approves amending the Comprehensive 34 Plan Future Land Use Element by adopting a new future land use map category entitled 35 "Religious (Two-Story)," which shan be included in Chapter I Future Land Use 36 Element and shall read as follows: 37 38 Religious (Two-Storv) 39 40 The "religious uses" land use category is intended to be applied to development projects 41 and prooerties providing religious facilities and could also permit other ancillary uses 42 implemented by the category, with building heights and intensities compatible with 43 surrounding districts. Areas designated religious should not be used for other purposes 44 without an amendment to this plan, Zoning regnlations could permit religious uses on 45 sites not so designated by this plan. Building heights shall not exceed the average of the 46 maximum permitted in the surrounding zoning districts. but in no case shall a building 47 exceed two stories .. 48 2 1 Pennitted heights, densities, and intensities shall be set forth as part of a corresponding 2 zoning use district in the Land Development Code subject to the following maximum 3 levels of development: maximum buildh'lg height of two stories. 4 5 6 Section 2: Severability. If any section, clause, sentence, or phrase of this 7 ordinance is for any reason held invalid cir unconstitutional by a court of competent 8 jurisdiction, this holding shall not affect the validity of the remaining portions of this 9 ordinance. 10 11 Section 3: Codification. The provisions of this ordinance shall become and be 12 made part of the Code of Ordinances of the City of South Miami as amended. The 13 sections of this ordinance may be renumbered or re-lettered to accomplish such intention; 14 and the word "ordinance" may be changed to "section" or other appropriate word. 15 16 Section 4: Ordinances in Conflict. All ordinances or parts of ordinances and all 17 section and parts of sections of ordinances in direct conflict herewith are hereby repealed. 18 However, it is not the intent of this section to repeal entire ordinances, or parts of 19 ordinances, that give the appearance of being in conflict when the two ordinances can be 20 hannonized or when only a portion of the ordinance in conflict needs to be repealed to 21 hannonize the ordinances. Therefore, only that portion that needs to be repealed to 22 hannonize the two ordinances shall be repealed. 23 24 Section 5: Effective Date. This ordinanee shall beeome effeetive a{ the 25 expiration of tea days after adoptioa. The effective date of this plan amendment. if the 26 amendment is not timely challenged. shall be 31 days after the state land planning agency notifies 27 the local government that the plan amendment package is complete. If timely challenged. this 28 amendment shall become effective on the date the state land planning agency or the 29 Administration Commission enters a final order determining this adopted amendment to be in 30 compliance. No development orders, development permits, or land uses dependent on this 31 amendment may be issued or commence before it has become effective. If a final order of 32 noncompliance is issued bv the Administration COlmn1ssion, this amendment may nevertheless 33 be made effective by adoption of a resolution affuming its effective status, a copy of which 34 resolution shall be sent to the state land planning agency. 35 36 1 2 3 3 PASSED AND ADOPTED this _ day of _____ ,' 2011 4 5 6 7 ATTEST: APPROVED: 8 9 10 11 CITY CLERK MAYOR 12 13 Commission Vote: 14 READ AND APPROVED AS TO FORM Mayor Stoddard: 15 AND LEGAL SUFFICIENCY: Vice Mayor Newman: 16 Commissioner Palmer: 17 Commissioner Beasley: 18 Commissioner Harris: 19 CITY ATTORNEY 20 MIAMI DAILY BUSINESS REVIEW Ptlbllshe<l Daily except SatiJtday, $,...43'1 aod Legal HoOOays Miami, M;am~OaM C<)1Jil1y. Fk><i<Ia STATE OF FLORIDA COUNTY OF MIAMI-PADE: Before the undemlgned authority personalty appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday. Sunday and Legal HoHdays) newspaper, published at Miami in Miami-Dade COunty, Florida; thalli'le attached copy of advertisement, being a legal Advertisement of Notice in the matler Of CITY OF SOUTH MIAMI PU8L1C HEARIt\'B· NOVEMBER 1, 2011 in the XXXX COurt, was published in said newspaper in the issues 01 1012112011 Affiant fuMer says that the said Miami Oaity Business Review Is a newspaper published at M,ami ;n said Miami-Dade County. Florida and that the said newspaper has heretofore been continuously published in said Miami·Dade Ccunty, Florida, each day («<capt S'aturday, Sunday and Legal Holidays) and has been entered as second class mail mailer at the post office in Miami in said Miami·Dade Ccunty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says !hat he or she has neither paid nor premised any person, firm or corporation any discount, rebate, commission or refund for the purpose 01 securing this actvertisemen!.!Qr publication in the said new;:u S_" Md ,""""OOd b"", m, "" ~ 21 day of OCTOBER . A.D. 2011 ~ ,/:L/d~ :;;Yrr-~ (SEAL) V. PEREZ personally known 10 me I '#I~W '"\., -'-Noia~~St8ieo:rAorida • • ellery! H. Marmer . '!; ¥ MyC«nm!ss!on DD793400 '.~ ~~n .. ,~J.' Expires07l!1Y2012 , _ AnJ)rdinanro amending the lex! of nie $<)uth Miami CQinpreMrl-. slye »lan, by ame~d;n£Hhe 'ComprehensMi Plan; ,FuWre).and Use E~enl in.oroO!r.lo_amerid lhaJuhlre ISOd _\lse_irlap Cillego!)' .. ··en1il!ed: 'PubliCilnslil1Jlfonal ,{Tm.Slory}"_·-.removl~g schoch (educatlonal}_aM_churches (rem ,the talegory;'\'IIllcll 'eoti!d be appiied' -to -deve1opJl1M_t :_projects '--and 'properties',' pr6vldill9 . . i]ovemrIienlal"lac@ieS;<tiIl1ities __ :l'i'id,:c<Jil1d-;al$O:permlt o!her_ . -o8ncmaiy uses iinplel1WillE!i:l bj( ttfet:alegOry-; witJrbuITding Ileights ;,.:x~~~1;:~;g~~~g~~;;·~~~~~~)~, , i-,'USa t;ferri~,iri-oroar,lo'adop!.a new'fu.lUie lalKHise"map _' :"':"_<:'a:le'g(iiy_>:)nlifk,r'flalfgloUs:('l\yo,Story)i. Vihlq. Co1.Ir~beJlpp1ied !o' ctavefopmanl,:j1roiecis'.aoo _prop'e(lies'~!~lIlg;:l.!lrigioo,$: ___ : 'facilities Md COuld'Il1Sffp"etmil'oth-ar anci!faJy,lJSa~ implemenled' ; ~ ·~J::":,";~W::.ri:.<:"'""'"·'"' '"'~'i'" -""" . .. • -,M -O'rdijla,m;~'~~~11)6;C;:y_oi uieSoutii'Mi;_hlf c.,;np(ehen-"~: _:sfva:P!a(l,,,to:cam<ind .Ihe,;'!:tJp-ei:l1 fulura la!ld;\i~;'m&p,.;:alegory.' __ -' :_,~~_~::~,~I!,~~~~I~~~;~":~i~l~~r~~ry).".> ,_)::: :,-' ",:>~ .;~-', _. , -~(l-Olilinanoo_ li!)l&rid;ng'IMe CityofSouiIl Miami COmprehensive -:t;~~:~~f~~~~E:w.~Z~:~~;:·· \,,;,.~a·r:'Ja.I!Jo,:~,t,a'~!!!!WAuture land use map category !moo ~Hosp'tat· ,,;.{ _',0;;,,: ;,,>-. :'1tt~rii?fesledp\lri~!lre'ill0,!~'I~-~tt~;)d~~lifb'~'~id: ·-:~~~~~~~'~~~\~~.~)!!:~)~~\!~':~~e1{,~'~~;ai: Maria M. Menendez, CMC CllyClarlo; f>ulSuant 10'A~:StaM~s -M~.Oi,0:5r.-!~_~.'_CliY<hG'~,by advis'es !he pubnctllal if a person decides \0 appeal anyCle;:1slM mlkle by 1his B(!ai'd, Agency or Commls!;f(ll'! 'wlth ras~ct !o any matter ~nsldere<l"e!-iis meefulg orhe'arnlg;·Ile'!);-·sbe wm need a: recoro ol!ha Proceedings. and lhatlorsu-ch pu!Jl')Se;~ff«ied ~n may:l\eed1oenSUre_!hIlt ave(ba!im reeord 01 tM proceoM.ngs'1s'rriade-Whlch-rerott:! incll:des the tes~mony and evIdence upon which !he appeal is 10 be based. 111121 11.3-197/177~377M THE MIA.MI HERALD ! MI~miHerald.com CRIME WATCH ==~=~~====,..-~=== Simple tips to prevent fraud on the Internet BY CARMEN GONZALEZ CALDWELL Special to The Miami Herald O etober is National Crime Prevention month, and this week I want to share with you infonnation being provided by our Miami FBI office. This is a real eye- opener, and we thank the FBI for keeping us in~ formed and giving us the ability to help stop fraud in its tracks. In 2010, Floridians flIed almost 20,000 complaints and suffered $37 million in losses through fraudulent activities on the Internet. For the past eight years, the FBI has designated October as National Cyber Security Awareness Month to highR light the importance of protecting our cyber net~ works. The FBI leads the national effort to investi- gate Internet criminal aCR tivity, called cyber crime, including cyber-terrorism, computer intrusion, online sexual exploitation and major cyber frauds. This column focuses on cyber frauds. Internet criminals seek: to defraud victims through a variety of schemes. The more commonly used methods include auction fraud, credit card fraud, identity theft, phisbing attacks and holiday/charity scams. Here are a couple of examples of these scams: • In auction fraud, In~ ternet criminals post c1assi~ fled ads and auction an~ nouncements for products they do not have and rip off buyers by creative use of stolen credit cards. Fraudsters receive a victim's order; charge the victim's credit card for the amount of the order, then use a separate, stolen credit card for the actual purchase. They pocket the purchase price obtained from the victim's credit card and have the merR chant ship the item directly to the victim. Consequent~ Iy, an item purchased from an online auction, but re~ ceived directly from the merchant, is a strong in- dication of fraud. Victims not only lose the money paid to the fraudster, but may be liable for receiving stolen goods. • In phishing schemes, a fraudster poses as a bank or other legitimate entity and uses emails and scam websites to obtain a vic R tim's personal information, such as bank account num~ bers and Social Security account information. In this scam, fraudsters direct victims to follow a link or call a number to update an account or correct an al~ leged problem. The link directs the victim to a fraudulent website that appears legitimate. Instead, the site allows the fraudster to steal the victim's person- al information. Bottom line, only go to the official web- site to check accounts and be leery of emails claiming there is a problem with your [manciaI accounts. There are several web- sites that provide infonnaR tion about the myriad In- ternet scams in use today. The website www.looks toogoodtobetrue.com was launched in October 2005 by the FBI, U.S. Postal Service and several com~ mercial partners to educate and help protect consum- ers against Internet crimes. Additionally, the Internet Crimes Complaint Center website, www.ic3.gov.is the best location to make a complaint about Internet fraud. If you think you are a victim of an Internet crime, go to the IC3 website to register your complaint. By taking the time to educate yourself about Internet scams and taking prudent precautions, you can benefit from the InR temet without becoming a victim. Supervisory Special Agent Raymond T. Goer~ gen leads the Computer Intrusion Squad in the FBI's Miami field office. Carmen Caldwell is executive director of Citi- zens' Crime Watch of Mi- ami~Dade. Send feedback and news for this column to carmen@citizenscrime watch-org, or call her at 30S-47M670. .dMI!\.m%.J~i! a.lll'owl~\1lm U ... lsawtr" Best local deals UOl090%01l MiamiHerald.comIdealsaver daily in your inbox! ~ o SE SUNDAY, OCTOBER 23, 2011 I 37SE ~ CITY OF SOUTH MIAMI COURTESY NOTICE NonCE (S HEREBY given that the City Commission of the City of South Miami, Florida wlU conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, November 1, 2Q11, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): ( A Resolution authorizing the City Manager to enter tnto a Software Maintenance agreement with Executime, SunGard Public Sector's only Premier Solution Providerthat supplies electronic payroll Integration for the sum of $18,750 for a five~year periOd, with an annual maintenance fee payment of $3,750 to be paid from account number OOH330R513~4634 Maintenance Computer Programs beginning November 1, 2012; and providing for an effective date. A Resolullon relating to a request pursuant to Section 20 R3.4(B)(16) of the Land Development Code for Special Use Approval to lOCate a barber shop at 5825 SW 68 Street within the "LO" Low-Intensity Office zoning district A Resolution authorizing the City Managerto execute a 5-year agreement with.;-;,-, __ for the pool operations and management of the planned Murray Park community Pool. An Ordinance amending the City of South Miami Pension Plan, providing for an amendmentto Section 15-21 Purchase of credited service, to provide an incentive for retlrementfor qua!ified police officer employees of the City of South Miami by Including an additional eight (8) months of prior credited service, within a specified period of time. An Ordinance amending the South Miami Pension Plan, providing for an amendment to Section 16-12, Definitions, Section 16~ 13, Eligibility, to SectIon 16-14, Pension Benefits and Retirement Dates, Section 16~ 19, Contributions to comply with current City policy concerning the definiUons of annual compensation and final average compensation; and also amending Section 16-13, Eliglbllity. An Ordinance amending the text of the South Miami Comprehensive Plan, by amending the ComprehenSive Plan Future Land Use Element in order to adopt a new future land use map category entitled "Low Density Multlple RFamily Residential (Two·Story),~ which in the future could be applied to development projects and properties providing multiple-family units or townhouse units In transitional residential areaS. An Ordinance amending the text of the South Miami Comprehensive Plan, by amending the Comprehens'lve Plan Future land Use Element in order to amend the future land use map category entitled npubtic/!nstltutlonal (IWo-Story)," removing schools (educationaO and churches from the category; which could be applied to development projects and properties providing governmental facUities, utilities and could also permit other ancmary uses implemented by the category, with building heights and intensities compatible with surrounding districts. An Ordinance amending the text of the South Miami Comprehensive Plan, by amending the) Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled UReligious (Two-Story)," which could be applied to development projects and properties providing religiousfaciJities and could a!so permit otherancl!lary uses implemented by the category, with building heights and intensities compatible with surrounding districts. An Ordinance amending the City of the South Miami Comprehensive Plan to amend the current future land use map category tltled ~Pub!!c/lnstitutional Uses (Four-Story). ~ An Ordinance amending the City of South Miami Comprehensive Plan to adopt a new future land use map category titled "Mixed Use-CommerciafJResidential {Two Story)." An Ordinance amendIng the City of the South Miami Comprehensive Plan to adopt a new future land use map category titled "Hospital. n ALL interested parties are invited to attend and will be heard . For further information, please contact the City Clerk's Office at: 305-663-6340. Marla M. Menendez, CMC City Clerk Pursuant to Aorid3 StaMes 286.0105, the City hereby adl'lses the publiC that If 3 person decides to appeal any decision made by this Board.Agency Of CommissiO!l with respect 10 any matter consi~ared at Its meeting or hearlr.g, he or sha Wilt need a fe\:Crd of the proceedings, and thai for such pUlj)QSe, affected person may /Wed to ensure IIlaI a verlJallm recoro o! the pro<:eedlngs is marl~ which record includes the testimony and evidence upon which tile appeal !s to be based.