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10THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Jane K. Tompkins, AICP, Planning Director FROM: Steven Alexander, City Manager Date: April 4, 2017 SUBJECT: Agenda Item NOo:i..O..- An Ordinance amending the Land Development Code, Article VII, "Hometown District Overlay Ordinance", Sections 20-7.2 and 20-7.5 and Article VIII, "Transit-Oriented Development District", Section 20-8.2 and 20-8.3 relating to the definition of "Story" and maximum building height. BACKGROUND: The Hometown Overlay (HD) and Transit-Oriented Development Districts (TODD) of the Land Development Code limit the height of a story to fourteen feet (14'). At the same time, the overall height limits of the underlying zoning district apply to properties in the HD. The Specialty Retail (SR) district, for example, limits building height to fifty feet (50'). With the exception of TODD (MU-5), which has a one hundred foot (lOa') limit, the TODD (MU-4) and (LI- 4) sub-districts are also limited by the number of stories allowed. For example, TODD (MU-4) has a two-story height limit. If each story is built at the maximum of fourteen feet (14'), the overall building height can't exceed twenty-eight feet (28'). The restriction on the height of a story does not apply to commercial properties that are located outside of the Hometown District or that are zoned something other than TODD. In 2015, the Commission considered an ordinance amending the TODD regulations to allow a first floor height of eighteen (18) feet. Staff believes the ordinance was drafted at least partially in response to the discussion of the development plans for 6201 Sunset Drive. As that ordinance was proposed, it would have required a unanimous vote to be approved, which it did not receive. REQUEST: Staff requests approval of the proposed ordinance. ANALYSIS: A ground floor height limit of fourteen feet (14') can negatively affect a building and it's desirability by retailers and other commercial users in a number of ways. For instance, retailers Text Amendment Regarding Story Definition and Building Height April 4, 2017 Page 2 of 2 generally want a large, open storefront so that shoppers' line-of-sight of the merchandise is unobstructed. Retailers also often desire higher ceilings because of their psychological impact on customers, as they seem more open and inviting. Retail chains may also prefer to lease spaces that fit their company standards in terms of space and lay-out, so that the chain can use its standard designs and maintain its corporate image. Not having to create individual plans for each store saves the company time and money, making the transition into a new space faster and easier. Office and hotel developers have similar preferences, as they often want sp,acious, grand lobbies that convey a certain image or create a particular impression. From an architectural standpoint, allowing a higher ground floor height may also improve the building's fa~ade. A taller ground floor visually serves as a base and establishes the proportion for the upper floors. As a result, the base and the upper floors appear as a whole and integrated building. The proposed ordinance will give designers flexibility to create spaces that better fit the needs of the end-users, foster a more pedestrian-friendly environment, and create better proportioned buildings, while still maintaining the existing maximum building heights. STAFF RECOMMENDATION: Staff recommends that the City Commission approve the proposed ordinance. PLANNING BOARD ACTION: The Planning Board held a public hearing on the proposed ordinance on March 14, 2017 and recommended approval by a vote of six (6) ayes to one (1) nay. Attachments: • Draft Ordinance • Draft excerpt Planning Board meeting minutes JKT C:\Users\mgarcia.CSM1\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\XV4M9TZC\CM Memo Ground Floor Height Text Amendment.docx 1 Ordinance No. ------------------ 2 An Ordinance amending the Land Development Code, Article Vll, "Hometown 3 District Overlay Ordinance", Sections 20-7.2 and 20-7.5 and Article VllI, 4 "Transit-Oriented Development District", Section 20-8.2 and 20-8.3 relating to 5 the definition of "Story" and maximum building height. 6 WHEREAS, the City of South Miami regulates development within its boundaries through its 7 Land Development Code (LDC); and 8 WHEREAS, the LDC includes Article VII "Hometown District Overlay" (HD) and Article VIII, 9 a zoning district known as the Transit-Oriented Development District (TODD); and 10 WHEREAS, both the HD and the TODD are intended to encourage mixed-use 11· commercial/residential developments; and 12 WHEREAS, the definition of "story" in articles VII and VIII limit the maximum height of a 13 story to fourteen (14) feet; and 14 WHEREAS, the underlying zoning district contained within the HD and the TODD district are 15 subject to both maximum building height restrictions and a maximum number of stories; and 16 WHEREAS, limiting ground floor heights to fourteen (14) feet negatively affects the building'S 17 storefront and is incompatible with many retail uses and the space requirements of retail and other 18 commercial uses; and 19 WHEREAS, the City wishes to encourage retail uses in the HD and TODD districts and remove 20 impediments to their success by removing the fourteen (14) height limit and allowing individual site plans 21 to determine the height of the ground floor; and 22 WHEREAS, buildings in the HD and TODD will still be subject to the applicable overall 23 maximum building height; and 24 WHEREAS, the Planning Board will review and make a recommendation on the proposed 25 ordinance prior to the second reading. 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 27 OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 Section 1. South Miami Land Development Code Article VII, "Hometown District Overlay 29 Ordinance", Section 20-7.2 "Intent, applicability, boundaries, permitted heights, densities, intensities, and 30 mixed use standards" is hereby amended to read as follows: 31 * * * 32 (D) Permitted Heights, Densities and Intensities: The following standards shall be applicable 33 within the HD: '34 (1) Maximum Height: 4 stories and maximum height shall not be greater than fifty (50) feet. Page 1 35 36 (2) (3) Maximum Residential Density: 24 units/per acre Maximum Floor Area Ration for the Total Development: 1.6 37 Section 2. South Miami Land Development Code Article VII, "Hometown District Overlay 38 Ordinance", Section 20-7.5, "Definitions" is hereby amended to read as follows: 39 20-7.5 Definitions. 40 * * * 41 Story: The horizontal division of a building between the surface of a floor and the surface of the 42 next floor above, or the next ceiling if there is no floor above. All stories will be counted towards the 43 maximum building height, but there is no limit on the height of a story. For the purposes of these 44 regulatioRs a story shall he iRterpreted as eaeh yertieal URi{ offourteeR (14) feet mwdmum, e.g. a ORe 45 floor eiRema RveRty two (22) feet tall shall he eORsidered a two story huildiRg. 46 * * * 47 Section 3. South Miami Land Development Code Article VIII, "Transit-Oriented 48 Development District", Section 20-8.2, "Definitions" is hereby amended to read as follows: 49 * * * 50 Story: The horizontal division of a building between the surface of a floor and the surface of the 51 next floor above, or the next ceiling ifthere is no floor above. All stories will be counted towards the 52 maximum building height, but there is no limit on the height of a story. For the purposes of these 53 regulatioRs a story shall he iRterpreted as eaeh 'Iertieal uRit offourteeR (14) feet maximum, e.g. a ORe 54 floor eiRema RveRty RI/O (22) feet tall shall he eORsidered a RI/O story huildiRg. 55 * * * 56 Section 4. South Miami Land Development Code Article VIII, "Transit-Oriented 57 Development District", Section 20-8.3, "Creation of TODD subcategories" is hereby amended to read as 58 follows: 59 * * * 60 (D) Permitted Heights: With the exception of TODD (MU-5), in no case shall the overall 61 building height exceed the number of permitted stories multiplied by fourteen (14) feet. 62 63 64 65 66 (a) (b) (c) (d) TODD (MU-4): 2 story maximum TODD (MU-5): 2 story minimum: 4 story maximum; up to 8 stories with bonus. Maximum height 100 feet. TODD (LI-4): 2 story maximum TODD (PI): Building height compatible with surrounding districts Page 2 67 (e) TODD (PR): Public parks and open spaces 68 Section 5. Codification. The provisions of this ordinance shall become and be made part of 69 the Land Development Code of the City of South Miami as amended. 70 Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is for 71 any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 72 affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. 73 Section 7. Ordinances in Conflict. All ordinances or parts of ordinances and all sections 74 and parts of sections of ordinances in direct conflict herewith are hereby repealed. 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Section 8. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this __ day of _____ , 2017. ATTEST: CITY CLERK 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: Page 3 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, March 14, 2017 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section BA-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual tee of $500.00 and an additional $100 tor each additional issue. This applies to off persons who ore retained with or without compensation to influence any action, decision, recammendatiop/of someone with the city, including the city manager, city attorney, department heads, city personnel, or merrlb~"$ of the city commission or members of any city board, concerning a matter that could foreseeably be addr~siby the city commission or a city board. There are some exceptions and exemptions. The following are notc6i"$ld~;'~d to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientillc or technlqal information at public meetings, representatives of a neighborhood association without~():mpensation and . representatives of a not-far-profit community based organization for the purpose of requeiiing a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its~ntl~~, audio and v;~~~versions of the meeting can be found on the city's website (www.southmiafuifl:gov). . ... ;.: .. "Y:::':'~" I. Call to Order Action: Mr. Basu called;iheO)e~ting to order at 7:03 P~M.· II. Roll call BoarcJMem~~t.$prese~t~CSnstittitl~g·a Quorum: Mr. Basu, (Chairman), Mr. Greiner, Ms. Fischer, Dr:p:hihps,Ms'.'kalin~Dr. Palmer, Mr. MeI6w.,:" ., . .. . . . . Board Members Abse~t=i\Jone .., City St~f~· Pr:e~ent: Ms. J~~,~:Tompkins (Planning Director) and Mr. Marcus lightfoot {Senior Planner/zonin~'iA~ministratorj. City Staff Absent: NOne, .....•.. . '.:~' :". City Attorney: Mr. Thomas Pepe III. Board Elections Elections for Vice Chair were held at the end of the meeting. Ms. Fischer nominated Dr. Velma Palmer for Vice-Chair of the Planning Board. She then explained why she nominated Dr. Palmer for the position. There were no other nominations. 1 By unanimous vote, Dr. Velma Palmer was appointed as Vice-Chair of the Planning Board. IV. Administr,ative Matters Ms. Kahn joined the meeting at 7:05 P.M. • Ms. Tompkins reminded the Board that the public workshops for the LDC/Comp Plan Rewrite will be held in the City Commission Chambers on Wednesday, March 22, 2017 at the following times: • 8:30-10:00 A.M. • 4:00-5:30 P.M. • 7:00-9:00 P.M. (Planning Board Meeting) • Mr. Basu requested that when the Shops at Sunset Place project was ready to be reviewed by the Board, additional time be given to review it prior to the scheduled hearing. V. Public Hearings 1. PB-17-007 Applicant: City of South Miami An Ordinance amending the Land Development Code, Article VII, "Hometown District Overlay Ordinance", Sections 20-7.2 and 20-7.5 and Article VIII, 'trransit-Oriented Development District", Sections 20-8.2 and 20-8.1 relating to the definition of "Story" and maximum building height. Ms. Tompkins read the title for PB-17-007 into the record and presented the item. The Chairperson opened the floor to public comments on P8-17-007. • None at this Time The Chairperson closed the floor to public comments on P8-17-007. Dr. Philips stated that there is a typo on pg. 2 of the ordinance. It says "ration" when it should be "ratio." Ms. Tompkins stated that it is a typo in the Land Development Code (LDC). Dr. Philips then asked what the ratio was for floor area. Mr. Basu stated that it is based on land area in relation to the size of a building. Mr. Greiner stated that if a property has a Floor Area Ratio (FAR) of i.6, it means that for every 100 square feet of land, you can have 160 square feet of building. Dr. Philips then asked if someone wanted to building four (4) stories with a 50 foot max, each floor would have to be an average of 12.5 feet high, to which Ms. Tompkins stated yes. Mr. Basu stated that this ordinance is only removing the requirement that the first floor has to be 14 feet. He then asked if this change was ever done for the Hometown, to which Ms. Tompkins stated that a similar change was attempted in 2015 but failed to secure the necessary 2 votes for adoption. Mr. Pepe added that definitions were added to the ordinance to ensure that someone could not exceed the maximum height for the districts. Ms. Fischer expressed her concerns with the proposed ordinance. She then went into detail about a previous application that was going to have its loading and unloading in the street because the trucks could not fit into the first floor of the building. At this time she expressed concern over the unintended consequence of loading vehicles that would have to backup into oncoming traffic in order to leave the building if the height were increased. She then stated that she would like for the City Commission to continue reviewing site plans. Last, she stated that she would give a movie theater a pass on the height. She would also like the Commission to review these types of situations. Mr. Basu stated that in the example that was mentioned, the truck could not fit inside garage of the building because of the low clearance for the first floor. He then added that once the vehicle is inside the garage, it wouldn't need to back out into the street because it could turn around in the garage. Dr. Philips added that most trucks usually back into the loading area so there wouldn't be a need to back out into traffic. Motion: Mr. Greiner moved to approve PB-17-007. The motion was seconded by Mr. Melow. Vote: Yes 6, No 1 (Fischer) Dr. Philips: Yes Ms. Kahn: Yes Dr. Philips: Yes Mr. Basu: Yes Mr. Greiner: Yes Ms. Fischer: No Mr. Melow: Yes VI. Public Comments/New Business The Chairperson opened the floor to public comments and any new business. Public Comments Section No comments from the public. New Business Section No new business was discussed by the Board. The Chairperson closed the floor to public comments and any new business. VII. Approval of the Minutes 1. Planning Board Minutes of February 14, 2017: Motion: Ms. Fischer moved to approve the meeting minutes with changes. Mr. Greiner seconded the motion. Vote: Yes 7, No 0 (None) Mr. Melow: Yes 3 Ms. Fischer: Yes Mr. Greiner: Yes Ms. Mr. Basu: Yes Dr. Palmer: Yes Ms. Kahn: Yes Dr. Philips: Yes VIII. Future Meeting Date: A) Special Meeting -March 22, 2017 at 7:00 P.M. B) Regular Meeting -April 14, 2017 at 7:00 P.M. Ms. Kahn asked if attendance was required for the 7:00 p.m. workshop, to which Ms. Tompkins stated yes. You are welcome to go to any of the other meetings but it's only required to attend . the 7:00 P.M. meeting. Mr. Basu asked if any issues have arisen from the review of the LDC. Ms. Tompkins explained that the consultant has been meeting with staff to review the LDC. The main reason for the workshops is to find out what inconsistencies are in the LDe that the public has found and to see what the public has found that works well. Mr. Basu asked if Ms. Tompkins can provide the Board with a summary of the findings so far. Ms. Tompkins stated that there aren't any drafts at this time. This meeting is only to hear the thoughts of the Board. IX. Adjournment Motion: Ms. Fischer moved for adjournment. Dr. Philips seconded the motion. Vote: Yes 7, No 0 (None) Mr. Melow: Yes Ms. Fischer: Yes Mr. Greiner: Yes Ms. Mr. Basu: Yes Dr. Palmer: Yes Ms. Kahn: Yes Dr. Philips: Yes The meeting was adjourned at 7:35 P.M. 4 SUNDAY MARCH 26 2011 MIAMIHERAlD.COM TAKE YOUR SAVINGS FROM ORDINARY ... ... TO EXTRAORDINARY! OPEN YOUR CD ACCOUNT TODAY! STOP BY YOUR LOCAL BRANCH OR VISIT POPUlARCOMMUNITYBANK.COM/CD-SAVINGS. NEIGHBORS FROM PAGE 24SE BRIEFS (if applicable). MIAMI-DADE: MIAMI (:OLLEGIUM CONCERTS Miami Collegium Mu- sicum presents three per- formances of "Ein deutsch- es Requiem" (A German Requiem) by Johannes Brahms in April throughout Miami-Dade County. The choral music will be performed Friday, April 7, at St. Stephen Episcopal Church, 2750 McFarlane Rd., Coconut Grove; Sat- urday, April 8, at Riviera Presbyterian Church, 5275 Sunset Dr., South Miami; and Friday, April 28, at SI. Patrick Catholic Church, 3716 Garden Ave., Miami Beach. All performances are free and begin at 7:30 p.m. Miami Collegium Mu- sicum is a chamber choir of up to 30 singers. For further information, contact Laura Calzolari at lcalzolari916@gmail.com or 305-401-5987. WEST DADE: ELDER ABUSE PRESENTATION The Alliance for Aging will be host a free public educational outreach pre- sentation about financial exploitation and elder a buse at 5:30 p.m. Mon- day, April 24, at the West Dade Regional Library, 9445 Coral Way, Miami. The alliance is a non- profit organization that provide~ comprehensive information and access to quality services for older adults, caregivers and families in Miami-Dade and Monroe Counties. For nlore information, contact email Vanessa A. Tercero at vterc002@fiu.edu, or I 25SE elder a buse prevention coordinator Alina Becker at beckera@allianceforaging. ~rg. HOMESTEAD: MILITARY APPRECIATION DAY Downtown Homestead will celebrate our serv- icemen and women during Military Appreciation Day, 3 to 8 p.m. Saturday, April 29, at Losner Park 104 North Krome Ave. The event aims to better unify civilians with all branches of our military, introducing residents to the people· who put their lives on the line. There will be a flyover of military aircraft, a K-9 demonstration by the Homestead Police Depart- ment, games and activities inside a children's area, food trucks and other ven- dors. Call 305-224-4570 for more information. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY g.ivcn that the City Commis .. ion of the City of Soulh Miami, Florida wiJ] conom:! Puhlic Hearing(sJ at il.~ regulaT City COJllmission meeting scheduled Ji)r Tuc'lfJay, April 4, 2017, heginning al 7:00 p.m., in the City Cnmmissioll Chambers, 6130 SunsC't Drive, 10 consider the following itcm(s): A Re'>olution n~Jalill& to a Sp(!cilll Usc apphrlllioll to permit the l'xpanl,ioll of :111 Animnl Ho);pitall Veterinarian at (,394-6396 S. Dixie Highwuy. • ( An Ordillilm:c ilm(~l1dillg thl~ Land Dc-vc]opmenl CUde." Article VB, "Hometowll District Overlay ) Ordinance", Sections 20-7.2 anel20-7.S and Arlil'le VIII, "Trall"it-Oricnlcll Development Di"lrict", S(~cljon 2()-!(2 and 20-~ .. ) l'l'laling lu Ihr drlinitiun {II ·'.~t(Jry'· amI maximum huiliJing hright An Or<iinam:c authorizing the City Manager 10 cxe~utc a Third Amendment to the ICiI'ic agrc~mcnl wilh Mi:um-Dadt'. Counly for lht' mt'. ofthc City nrSouth Miami buiJdmg Im:aletl at 6121 SW ('Slh Street. An Ordinance amemJing the L:lml Dl'vc1opmcnl Code, Article II, "U('finitiofl,)", Section 20-2.3, "Definitions", and imide JIJ, "Zoning Rcgulilli(.n')", Scclions 20-3.3(Dl "Pcrmilled tJ~e Schedule" ilnd 20-.~ 4tB) "Special RC(luiremcnLIo:" adding suhsel:lillll (24) felalin,!! to Mcdil'al Milriju<Hm Centers and providing definitiuns relating to i\1I(1l:rileria and regulatioll>: for Meclil::tl },'larijuunil Centers ill the City til S{.ulh Miami. ALL inlcn'sled partie>: arc invited to allcnd ;tnd will be-heard. For further informalion, please contilL'llhe City Clerk's Ofiic:e ilt: 305-(i(l3-6340. Maria M. l\·len~ndez. CMC Cily Clerk Pur'manlto Floridn Statuh!~ 2t<6.0Hl5, Ihe City herehy ali\'isC's the lluhlic Ihllt if a person deddes to app;,~al auy deci,)lon ma(k by this Board, AgeJ)cy or Commission with fC~Pt'Cllu any mnllC'1' cOlisidl'l'C'd at its meeLing \IT ht'!aring, he or lih~ will need a n:cllrd (If [h!;' pf(lc~cdings, and that f(Jf such purpOl>C'. affcl:lcd P('l's(JJI Indy llC'cd 10 cmml'C' Ih'lt a vcrbatim record of the pmcccdings is made , ... ·hkh record incJm1cs the testimony and cvitlellcL'upon ,,,hich thc apPcill is In he ha~ed. MIAMI DAILY BUSINESS REVIEW Published Daily excepl Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI.DADE: Before the undersigned authority personally appeared MARIA MESA, 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 Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -APR. 4, 2017 in the XXXX Court, was published in said newspaper in the issues of 03/24/2017 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first pUblication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publlcatlO (SEAL) MARIA MESA personally known to me cnnr @F SOUTH MHAMm INlOl'B©1m @f PlUl~UC IHl~Ai{lO!NJ@ NOTICE IS·HEREBY given that the City Commission onhe City of South Miami, Florida will conduct Public Hearing(s) atits regular City Commissioll meeting scheduled for Tuesday, April 4, 2017, beginning at 7:00 p.m., in the . City Commission Chanibers, 6130 Sunset Drive, to consider the following item(s): A Resolution relating to a Special Use application to permit the expansion of an Animal Hospital! Veterinarian at 6394-6396 S. Dixie Highway. .( An Ordinance amending the Land Development Code, Aliicle VII, "Hometown District Overlay Ordinance", Sections 20-7,2 and 20-7.5 and Article VIII, "Transit-Oriented Development District", Section 20-8.2 and 20-8.3relating to the definition of "Story" and maximum building height. An Ordinance authori~ing the City Manager to execute a Third Amendment to the lease agreement with Miami-Dade County for the use of the City of South Miami building located at 6121 SW 68th Street. An Ordinance amending the Land Development Code, Article II, "Definitions", Section 20-2.3, "Definitions", and Article III, "Zoning Regulations", Sections 20-3.3(D) "Permitted Use Schedule" and 20-3.4(B) "Special Requirements" adding subsection (24) relating to Medical Marijuana Center~ and providing definitions relating to and criteria and regulations for Medical Marijuana Centers in the. City of South Miami. ALL interested parties are invited to attend and will be heard. For further infocmation, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk . Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will Ileed a record 0"1 the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is' made which record includes the testimony' and evidence upon which the appeal is to be based. . 3!24 17-115/0000209727M ')