12-16-08 Item 21South Miami
AA- AmedcaCNY
CITY OF SOUTH MIAMI , I if
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Ricardo Soto -Lopez MUP, Planning Director
Date: September 2, 2008 ITEM NO.
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY
AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE NEW
DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING, GROUP HOME, AND
MODIFYING THE DEFINITIONS OF COMMUNITY RESIDENTIAL HOME AND FAMILY; AND
AMENDING LAND DEVELOPMENT CODE SECTION 20 -3.3 (D) ENTITLED "PERMITTED USE
SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE DISTRICTS WHICH WILL
PERMIT BOARDING HOUSES, TOURIST DWELLINGS, AND GROUP HOMES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Summary of Proposed Legislation
The Land Development Code does not provide for definitions for the uses delineated below. These definitions
should be added to the LDC in order to provide greater specificity.
New trends in restaurant marketing are changing the traditional organization of restaurant venues and how
food is processed for consumption and served. In order to attain advantages in what is a very competitive
restaurant industry new marketing techniques can often change time - tested and traditional retail land use
definitions and activities. There have been inquiries concerning the expansion of the definition of "Bakery" to
include incidental food service. This may elevate the traditional concept of a bakery to the category of a
"restaurant ". In order to respond to these marketing innovations, time tested definitions may need .clarification.
Also, recent dramatic changes in national, regional and local real estate markets are creating a vast inventory
of underutilized residential property. In response residential property owners are finding alternative ways to
lease underutilize residential property. Several forms of this leasing are of a transient nature which are not
defined in the LDC and need greater specification. Many are not appropriate in Single Family, Townhouse, or
Multifamily Zoning Districts. The definitions contained in the attached proposed ordinance should be added to
the LDC in order to provide greater specificity for this type of transient residential use and where they can be
located.
LDC Definition Amendments
The attached proposed ordinance provides for new Group Home defmitions (Licensed and Unlicensed). This
supplements the revised definition of Community Residential Homes 6 or less by providing the criteria for
locating these residential uses in RS Single Family Residential districts, Town homes and multifamily housing
districts pursuant to F.S. § 419.001. It provides for the statutory definition, and defines the distance and
separation requirements in single family residential districts. The definition of Family has been
expanded to differentiate a family from any group of individuals whose association is temporary or seasonal.
2
LDC Permitted Use Schedule Amendments
Boardinghouse and Dwelling (tourist) have been added to the Permitted Use Schedule. These have been placed
in the LO, MO, SR, TODD districts due to their transient nature similar to the Hotel and Motel .category.
These uses would be permitted as of right. In the case of Unlicensed Group Homes, a Special Use Permit
will be required in all RS Single Family Residential, Town homes and Multifamily Housing Districts.
Planning Board Action
The Planning Board at its - August 12, 2008 meeting adopted a motion by a vote of 6 ayes 0 nays
recommending approval of proposed ordinance.
Recommendation
The City Commission at its August 27, 2008 made two revisions related to the definition of Family. These are
shown on p. 2 (Lines 28 -33) of the attached ordinance
It is recommended that the proposed definition amendments and the proposed amendments to the Permitted
Use Schedule be approved by the adoption of the attached ordinance on second reading.
Backup Documentation:
Proposed Ordinance(2ndd Reading
Planning Board Staff Report 8 -12 -08
Planning Board Minutes excerpt 8 -12 -2008
Public Notices
RSL /SAY
X- Comm Items 1200819 -2 -081 LDC Definitions Amend. CM report. doc
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ORDINANCE NO. (8-27-082 nd Reading) ) ,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT
CODE BY .AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO
PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING,
GROUP HOME, AND MODIFYING THE DEFINITIONS OF COMMUNITY- RESIDENTIAL
HOME AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION 20 -3.3 (D)
ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE
DISTRICTS WHICH WILL PERMIT BOARDING HOUSES, TOURIST DWELLINGS, AND
GROUP HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Department has initiated a program to update,
clarify, and improve the provisions of the City's Land Development Code (LDC) and to update
provisions of the City's Land Development Code;
WHEREAS, based upon recent requests related to the placement and characteristics of
bakeries the Planning Department determined that a specific definition of a bakery was needed in
the Land Development Code; and
WHEREAS, based upon recent concerns related to temporary and transitory living
facilities the Planning Department and the City Attorney determined that definitions related to
community residential homes, group homes, tourist dwellings, boarding homes, group homes,
and family should be amended or inserted into the Land Development Code; and
WHEREAS, the Planning Department and the City Attorney have prepared a proposed
ordinance which provides clear and specific definitions for community residential homes, group
homes, tourist dwellings, boarding homes, group homes, and family and sets forth the zoning use
districts which will allow these uses as either permitted or special uses; and
WHEREAS, the Planning Board at its August 12, 2008 meeting reviewed the proposed
ordinance, conducted a public hearing, and adopted a motion by a vote of 6ayes 0 nays
recommending that Sections 20 -2.3 and Section 20- 3.3(D) of the Land Development Code be
amended as set forth in the proposed ordinance; and
WHEREAS, the City Commission desires to accept the recommendations of the
Planning Board and enact the aforesaid amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 "Definitions" of the South Miami Land Development Code is
hereby amended to read as follows:
I Bakery. Shall mean an establishment engaged in the retail sales of baked products for
2 consumption off site. The baked products maybe prepared either on or off site. A bakery is a
3 place for preparing, cooking, baking and selling of products on the premises. A bakery shall
4 be considered a retail use.
6 Boardinghouse (rooming- house). Shall mean a building other than a hotel or motel where
7 lodging is provided for compensation with or without meals for three or more persons not
8 of the immediate family.
9
10 -04 dowtial
11 ,
12 ,
13 ,
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16 Community residential home. As defined in F.S. & 419.001, means "a dwelling unit licensed
17 to serve clients of the state department of children and family services, which provides a
18 living environment for seven (7) to fourteen 14 unrelated residents who operate as the
19 functional equivalent of a family, including such supervision and care by supportive staff as
20 may be necessary to meet the physical, emotional, and social needs of the residents." This
21 term may include adult congregate living facilities (ACLFs), assisted living facilities
22 (ALFs), and other comparable care and rehabilitative facilities meeting the statutory
23 definition, distance and separation requirements (1,200 feet from another existing
24 community residential home, and not within 500 feet of a single- family residential district).
25 This category is restricted to persons who do not require special provisions for emergency
26 evacuation.
27
28 , adoption M
29 ,
living together-
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32 Family . Shall mean an individual or two (2) or more persons related by blood, adoption or
33 marriage, or a group of not more than fi*e44k three (3) persons who need not be related
34 living together as a single housekeeping unit in a dwelling. It can also mean one or more
35 persons permanently occupying a dwelling unit and living together as a single, nonprofit
36 household unit. Family does not include any society, club, fraternity, sorority, association,
37 or like organization. This definition does not include any group of individuals whose
38 association is temporary or seasonal or similar to a tourist dwelling, resort, boardinghouse,
39 motel or hotel. This definition shall be construed to include those individuals protected as a
40 family unit by the Fair Housing Act or other applicable laws that do not result in a
41 fundamental alteration of the city's local land use (zoning) scheme.
42
43 "
44
45 Group Home (1). Shall mean a licensed by the state department of children and family
46 services, means a residential family living environment with supervision for six or less
1 neonle. This is not considered a commercial use. Such a home is for persons who do not
2 require special provisions for emergency evacuation. In addition, no such home may be
3 located within 1,000 feet of another existing group home, with the said distance to be
4 measured in a straight line from the nearest point of the property line of the existing home
5 to the nearest point of the property line of the proposed home.
7 Group Home (2). Shall mean an Unlicensed Group Home means a residential family living
8 environment with supervision for six or less people. This is not considered a commercial
9 use. Such a home is for persons who do not require special provisions for emergency
10 evacuation. In addition, no such home may be located within 1000 feet of another existing
11 licensed or unlicensed group home; the distance is to be measured in a straight line from
12 the nearest point of the property line of the existing home to the nearest point of the
13 property line of the proposed home.
14
15 Tourist Dwelling. Shall mean a single- familv or two - familv dwelling which is used as a
16 tourist dwelling. A single- family or two- family dwelling shall be considered a tourist
17 dwelling according to the following criteria:
18
19 (1) If the single- family, or two- family dwelling is subject to or operates under an
20 arrangement plan or design whereby the use of the dwelling or unit within the
21 dwelling has been segmented over time so that owners, lessees or holders
22 (regardless of the form of ownership or the form in which the right to use is
23 expressed) of such unit has a recurring exclusive right to use either that dwelling or
24 unit or another unit in the same dwelling according to a predetermined fixed
25 schedule and only if the schedule would permit in any one year a change or
26 turnover of occupancy four or more times, it shall be considered a tourist dwelling.
27
28 (2) If the single- family or two- family dwelling operates under or is subject to an
29 arrangement plan or design whereby sleeping accommodations and sanitary
30 facilities within the dwelling or in a unit in the dwelling are offered to the public or
31 reserved to private parties and the use thereof by members of the public is
32 primarily on a daily, weekly, monthly or seasonal basis. Provided that when the
33 dwelling or unit in the dwelling is the sole residence of the guest, a rebuttable
34 presumption arises that the dwelling or unit is not being used as a tourist home.
35 Provided further that if the occupancy of such dwelling or unit does not change
36 more frequently than four times or more in any continuous 12 -month period, then
37 a rebuttable presumption shall arise that the dwelling or unit is not being used as a
38 tourist dwelling.
39
40 (3) In addition to the above, if a single - family dwelling located in the RS Single
41 Family Residential District land use district is operated or used in such a way that
42 it has a turnover in occupancy of more that two times in, any one year, it shall
43 create a rebuttable presumption that such single- family dwelling is a tourist
44 dwelling.
45
I Section 2. That Section 20- 3.3(D) "Permitted.Use Schedule" of the South Miami Land
2 Development Code is hereby amended as follows:
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Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason field invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this _ day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
2008.
APPROVED:
MAYOR
1 st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Beckman:
Commissioner Palmer:
NOTE: New wording in bold print and underlined: wording to be removed indicated by strike -
through.
X: \Comm Items\2008 \9- 2- 08\LDC Amend Definitions Ord - Updated 8- 27 -08.rtf
5
Soul, South Miami
• ��
All- America City
U
INCORPORATED
1927
�OR�9
2001
To: Honorable Chair and
Planning Board Members
From: Ricardo Soto - Lopez, MUP
Planning Director
Date: August 12, 2008
Re: LDC Amendment Adding
the Definition of Bakery, Boarding
House, Tourist Dwelling, Group
Home, and Modifying the Definitions
of Community Residential Home and
Family and Amending Land
Development Code Section 20 -3.3 (D)
PB -08 -027
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT
• CODE BY AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO
PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING,
GROUP HOME, AND MODIFYING THE DEFINITIONS OF COMMUNITY RESIDENTIAL
HOME AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION 20 -3.3 (D)
ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE
DISTRICTS WHICH WILL PERMIT BOARDING HOUSES, TOURIST DWELLINGS, AND
GROUP HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code does not provide for definitions for the uses delineated below. These
definitions should be added to the LDC in order to provide greater specificity.
New trends in restaurant marketing are changing the traditional organization of restaurant venues and
how food is processed for consumption and served. In order to attain advantages in what is a very
competitive restaurant industry new marketing techniques can often change what are time - tested and
traditional retail land use definitions and activities. There have been inquiries concerning the expansion
of the definition of "Bakery" to include incidental food service. This may elevate the traditional concept
of a bakery to the category of a "restaurant'. In order to respond to these marketing innovations the time
tested definitions may need clarification.
Also, recent dramatic changes in national, regional and local real estate markets are creating a vast
inventory of underutilized residential property. In response residential property owners are finding
alternative ways to lease underutilize residential property. Several forms of this leasing are of a transient
nature which are not defined in the LDC and need greater specification. Many are not appropriate in
Single Family, Townhouse, or Multifamily Zoning Districts. The definitions listed below should be
added to the LDC in order to provide greater specificity for this type of transient residential use and
where it can be located.
•
LDC Amendment
August 12, 2008
PROPOSED DEFINITION AMENDMENTS (Section 20 -2.3)
The specific amendments being proposed are as follows:
Bakery means an establishment primarily engaged in the retails sale of baked products for
consumption off site. The products maybe prepared either on or off site. It is a place for preparing,
cooking, baking and selling of products on the premises. A bakery shall be considered a retail use.
Boardinghouse (roorninghouse) means a building other than a hotel or motel where lodging is
provided for compensation with or without meals for three or more persons not of the
immediate family.
(Existing Community Residential Homes 6 or less definition deleted and revised as Group
Home 6 or less, see below).
Community residential home, as defined in F.S. § 419.001, means "a dwelling unit licensed to
serve clients of the state department of children and family services, which provides a living
environment for seven (7) to fourteen 14 unrelated residents who operate as the functional
equivalent of a family, including such supervision and care by supportive staff as may be
necessary to meet the physical, emotional, and social needs of the residents." This term may
include adult congregate living facilities (ACLFs), assisted living facilities (ALFs), and other
comparable care and rehabilitative facilities meeting the statutory definition, distance and
separation requirements (1,200 feet from another existing community residential -home, and not
within 500 feet of a single - family residential district). This category is restricted to persons who
do not require special provisions for emergency evacuation. (The current definition has been
removed).
Dwelling, tourist means a single - family or two - family dwelling which is used as a tourist
dwelling. A single - family or two- family dwelling shall be considered a tourist dwelling
according to the following criteria:
(1) If the single - family, or two - family dwelling is subject to or operates under an arrangement
plan or design whereby the use of the dwelling or unit within the dwelling has been segmented
over time so that owners, lessees or holders (regardless of the form of ownership or the form in
which the right to use is expressed) of such unit has a recurring exclusive right to use either that
dwelling or unit or another unit in the same dwelling according to a predetermined fixed
schedule and only if the schedule would permit in any one year a change or turnover of
occupancy four or more times, it shall be considered a tourist dwelling.
(2) If the single - family or two - family dwelling operates under or is subject to an arrangement
plan or design whereby sleeping accommodations and sanitary facilities within the dwelling or
in a unit in the dwelling are offered to the public or reserved to private parties and the use
• thereof by members of the public is primarily on a daily, weekly, monthly or seasonal basis.
Provided that when the dwelling or unit in the dwelling is the sole residence of the guest, a
rebuttable presumption arises that the dwelling or unit is not being used as a tourist home.
Provided further that if the occupancy of such dwelling or unit does not change more frequently
2
•
LDC Amendment
August 12, 2008
than four times or more in any continuous 12 -month period, then a rebuttable presumption shall
arise that the dwelling or unit is not being used as a tourist dwelling.
(3) In addition to the above, if a single - family dwelling located in the RS Single Family
Residential District land use district is operated or used in such a way that it has a turnover in
occupancy of more that two times in any one year, it shall create a rebuttable presumption that
such single - family dwelling is a tourist dwelling.
Group Home
(1) As licensed by the state department of children and family services, means a residential
family living environment with supervision for six or less people. This is not considered a
commercial use. Such a home is for persons who do not require special provisions for
emergency evacuation. In addition, no such home may be located within 1,000 feet of another
existing group home, with the said distance to be measured in a straight line from the nearest
point of the property line of the existing home to the nearest point of the property line of the
proposed home.
(2) An Unlicensed Group Home means a residential family living environment with
supervision for six or less people. This is not considered a commercial use. Such a home is for
• persons who do not require special provisions for emergency evacuation. In addition, no such
home may be located within 1000 feet of another existing licensed or unlicensed group home;
the distance is to be measured in a straight line from the nearest point of the property line of the
existing home to the nearest point of the property line of the proposed home.
Family shall mean an individual or two (2) or persons related by blood, adoption or marriage, or
a group of not more than five (5) persons who need not be related living together as a single
housekeeping unit in a dwelling. It can also mean one or more persons permanently occupying a
dwelling unit and living together as a single, nonprofit household unit. Family does not include
any society, club, fraternity, sorority, association, or like organization. This definition does not
include any group of individuals whose association is temporary or seasonal or similar to a
tourist dwelling, resort, boardinghouse, motel or hotel. This definition shall be construed to
include those individuals protected as a family unit by the Fair Housing Act or other applicable
laws that do not result in a fundamental alteration of the city's local land use (zoning) scheme.
PROPOSED PERMITED USE SHEDULE AMENDMENTS
Boardinghouse and Dwelling (tourist) have been added to the Permitted Use Schedule. These
have been placed in the LO, MO, SR, TODD districts due to their transient nature similar to the
Hotel and Motel category. These uses would be permitted as of right.
The Group Home definitions (Licensed and Unlicensed) supplements the revised definition of
Community Residential Homes 6 or less by providing the criteria for locating these residential
uses in RS Single Family Residential districts, Town homes and multifamily housing districts
pursuant to F.S. § 419.001. It provides for the statutory definition, and defines the distance and
separation requirements in single family residential districts. In the case of Unlicensed Group
Homes, a Special Use Permit will be required in all RS Single Family Residential, Town homes
and Multifamily Housing Districts.
3
•
•
•
LDC Amendment
August 12, 2008
The definition of Family has been expanded to differentiate a family from any group of
individuals whose association is temporary or seasonal.
RECOMMENDATION
It is recommended that the proposed definition amendments be included in the Land
Development Code. It is also recommended that the proposed amendments to the Permitted Use
Schedule be approved.
Attachments:
Permitted Use Schedule
Public Notices
RSL
X:\PB\PB Agendas Staff Reports \2008 Agendas Staff Reports \8- 12- 08\PB -08 -027 LDC Amend Definitions..doc
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INCORPORATED
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-t 10
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Tuesday, August 12, 2008
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:294P.M.
The Pledge of Allegiance was recited in unison.
rc
II. Roll Call
Action: Chairman Morton requested a roll call. Board members present constituting a quorum:
Mr. Morton, Ms. Yates, Mr. Farfan, Mr. Cruz, Mr. Comendeiro, Ms. Young, and Ms. Chael.
City staff present: Eve Boutsis (City Attorney), Ricardo Soto - Lopez, (Planning Director), and
Sanford A. Youkilis (Consultant), Lluvia Resendiz (Zoning Tech), and Lourdes Cabrera (Planner).
III. ADMINISTRATIVE MATTERS:
III. Planning Board Applications/Public Hearing
PB -08 -027
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND
DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS"
IN ORDER TO PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE,
TOURIST DWELLING, GROUP HOME, AND MODIFYING THE DEFINITIONS OF
COMMUNITY RESIDENTIAL HOME AND FAMILY; AND AMENDING LAND
DEVELOPMENT CODE SECTION 20 -3.3 (D) ENTITLED "PERMITTED USE
SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE DISTRICTS WHICH
WILL PERMIT BOARDING HOUSES, TOURIST DWELLINGS, AND GROUP HOMES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Action: Ms. Chael read the item into the record.
Mr. Soto -Lopez advised that the City Manager requested a meeting to discuss the resident's
concerns related to their community. At such time he was advised to revisit the definitions in the
Land Development Code. After looking at the Code in depth it was discovered that it lacked
definitions that provide protection to the residents of certain communities. He advised that the City
Attorney drafted an ordinance with new definitions of group home and family. The group home
definition before the Board provides a definition with and without a license. The intent of the
proposed definitions is to supplement the existing definition of community residential home for six
or less persons.
Planning Board Meeting
August 12, 2008
Page 2 of 6
• The definition also provides criteria for locating these residential uses in RS, RT, an RM housing
districts pursuant Florida Statue 419 which provides a level of protection to individuals who utilize
these types of residential uses. Mr. Soto -Lopez further added that staff is trying to identify a
definition as well as provide a distance requirements from single family residential and multi-
family zoning districts. For unlicensed group homes a special use permit will be required in RS,
RT, and RM zoning districts. The definition of family has been expanded to differentiate a family
from a group of individuals whose association is temporary or seasonal. Staff recommended that
the proposed definitions and changes to the permitted use schedule be approved. Mr. Soto -Lopez
also addressed that a new definition for bakery was also included due to the need to respond to
businesses interested in locating in South Miami.
Ms. Boutsis advised that the Florida Legislature created a Statute regulating different types of
group homes with certain licensing requirements and also creating an exception to zoning. There
are certain areas within the City not yet regulated that have been used as group homes. The
definitions are for the purpose of going forward with the regulations. She advised that there should
be consideration that complete zoning eliminating group homes is protected under the Florida
Legislature with laws such as the Florida Housing Act, Americans with Disability Act,
Rehabilitation Act, and Federal due process. There has been a trend of certain uses that residents
do not appreciate in their neighborhood. To address these trends certain cities have incorporated
mechanisms address the issues. This City's definition proposals will not fix the current situation
because at the time of their establishment there were no rules prohibiting their use. However, the
new definitions will regulate properly by creating a distance requirement where they are permitted
as a matter of right and areas were they will not be from here forward. The mechanisms are to
• protect the residential character of the neighborhood and at the same time the proposed
mechanisms will protect the rights given by the government with persons with disabilities. Ms.
Boutsis advised that drug and alcohol addiction are considered a disabilities under the Americans
with Disability Act.
Mr. Morton questioned if the proposed language will eliminate a geographical distance. Ms.
Boutsis replied that it will not eliminate but rather it will create a geographical distance. Ms.
Boutsis added that group homes requires that there be a 1200 feet distance form another group
home that has 7 to 14 people. She also stated that there is a less restrictive category of 6 or less
people in a group home which will require a 1000 foot distance from another facility. Mr. Morton
questioned if adjacent properties may be united via a unity of title. Ms. Boutsis replied that a group
home will be determined by the amount of people.
Ms. Chael questioned if the size of the property determines the size of occupancy. Ms. Boutsis
replied that state law does not address that. She further added that the City Code has occupancy
requirements that may not exceed 7 -14 persons for multifamily.
Mr. Morton stated that the text amendment does not address the maximum parking requirements.
Ms. Boutsis replied that there are certain parking requirements for single family homes in the LDC.
Ms. Boutsis added that if there is a violation concern regarding parking, then other mechanisms
respond to that. She advised that the Board must also be cautious about setting regulations that
may violate the Fair Housing Act.
Ms. Yates, Ms. Young, and Ms. Chael suggested making some technical and spelling changes to
• the proposed text amendment and the Board agreed.
Mr. Morton questioned the ramifications that the definition for "single family non - profit" would
impose on the City. Ms. Boutsis advised that the definition has worked in other municipalities and
Planning Board Meeting
August 12, 2008
Page 3 of 6
• for that matter the administration has decided to use the definition.
Chairman Morton opened the Public Hearing.
Name Address Position
David Tucker
Mr. Tucker advised that the Board shall be cautious of how they approve the proposed definitions
and should be sure that the definitions are accurate. He further added that when approving the
definitions the Board should be conscious about not discriminating against any group.
Bob Welsh 7437 SW 64 Court
Mr. Welsh questioned if the proposed text amendment establishes a 1000 foot barrier among any
type of group home whether licensed or not. He advised that the 1000 foot separation is needed in
order to not have a juvenile foster care facility 333 feet from another licensed rehabilitation facility
and 333 feet from an adult living facility. He advised that the neighborhood is overburdened by 5
of the rehabilitation facilities within a 200 foot area. Ms. Boutsis replied that the City cannot
expand the proposed distance requirements mandated by State law. Mr. Welsh advised that he
submitted, to the Department, a schedule of non - related inhabitants per bedroom in order to avoid
having five non - related people living in an apartment.
James Campo 7451 SW 63 Court
Mr. Campo provided some case citations that are not supportive of local governments approving
regulations for group homes. He stated that the City .Attorney was incorrect for saying that the
Florida Statute cannot regulate distance requirements for group homes. Ms. Boutsis replied that the
• cases she cited were rulings made by the Southern District of Florida Court and the rulings have
been recent cases.
Claudia Harris 5752 SW 77 Terrace
Ms. Harris stated that she has been a consultant for the Association of Retarded Citizens C)
and has been maintaining the house of adults living in group homes for over 25 years. S e stat
that she has inspected several licensed and unlicensed group homes to see if they are ap opriate
situations and living conditions. Ms. Harris stated that the community along SW 63 Court needs
some regulations as soon as possible.
Sharon McCain Q
Ms. McCain advised that it is the Board's responsibility to visit the site prior to the meeting date.
She further questioned as to why the City Attorney only referenced the Southern District Court and
not the other two districts. She was concerned about the parking issue not being addressed because
there are many cars infiltrating that neighborhood. Ms. McCann further added that it was incorrect
for the City Attorney to say that parking is a Code Enforcement issue. The code is lose and must
be tightened up. If the City Administration and the City Attorney would think ahead the
neighborhood would not be experiencing this situation. She stated that the appropriate research
was not conducted and referenced a case ruling in Hernando County to support her statement. She
advised that the Board should not only rely on what they are being told by the attorney because
people in the audience have done their research also.
At this time Mr. Comendeiro requested to be excused and for the Planning. Board to accept his
resignation.
• Jerry Coburn 8511 SW 63 Avenue
Mr. Coburn questioned if the home owners are not required to have a license to operate a business
in the City of South Miami. Ms. Boutsis replied in the negative adding that the Certificate of Use
Planning Board Meeting
August 12, 2008
• Page 4 of 6
would be the only required license. She added that the owner of a residential unit does not have to
disclose their tenant's information. Ms. Boutsis stated that the LDC text amendment has a
provision to have spacing around the group homes in order to have control.
Ms. Boutsis further cautioned that there are several forms in which the City may run into trouble
with the Fair Housing Act, ADA, and Rehabilitation Act, such as a discriminatory intent. She
cautioned the residents to be careful of creating a process that would create a discriminatory intent.
John Edwards Smith
Mr. Edwards Smith stated that the neighborhood is in a crisis. He has engaged to work with the
communities affected throughout the State. The program does not require licenses but he is
working with others to propose changes to the Florida State law to regulate alcohol rehabilitation
centers. He has met with State Representative Julio Robaina and is working on the changes. He
trusts that the City will do the best it can to address the resident's concerns. The parking issue
should be considered by staff as it relates to multi - family.
Simon Ferro 1221 Brickle Avenue
Mr. Ferro advised that he represents the property owner. He advised that the owner is not using the
properties in an illegal way. The State overrules cities that violate the Fair Housing Act or any act
that was created to protect minorities. The Federal Law and the courts have reaffirmed that those in
rehabilitation centers fall under the ADA and the protections of the Fair Housing Act. He advised
that he will defend the rights of these persons. The owner has met with the City and the neighbors
. to explain their operations. He understands the existing high emotions but the persons living in the
neighborhood are law abiding citizens just as neighbors are expected to be. The habitants in the
homes in question have the right to be there as long,as they do not break the law. - If there are any
code violations the owner will take the actions to correct the. Mr. Ferro advised that the owner does
not want to be treated any different than other neighbors and the owner has the mission to do
whatever can be done to address all the issues that have been raised in order to ensure a good
neighbor relationship.
Ms. Young questioned if the neighbors are making illegitimate statements regarding their concerns.
Mr. Ferro replied that they are not living there illegally but if there re any issue with them being
there that violate the City Code or the LDC, then the owner will address those issues.
Mr_ Cruz questioned if the owners are legally responsible for any situation that may occur
considering that there is a home with disabled people who are not being monitored. Mr. Ferro
replied that the owner will not be any more liable than another owner renting his property would be
if renting to a person that would create liability. Mr. Ferro added that currently there is a voluntary
person who ensures that the regulations are being followed. The owner does not regulate what the
tenants do. They just make sure the tenants are under curfew and that they are undergoing
treatment.
Jeff Guerra
Mr. Guerra stated the owner has not worked with the residents like he said he was going to. It has
been over a month and the owner has not done what he promised he would. Mr. Guerra stated he
was concerned that South Miami Hospital has another community in a residential area. He further
added that the group homes are legal but that he does not want them to be allowed to expand.
• Louis Ferrer
Mr. Ferrer stated that the neighborhood is not the same. The neighbors are not happy because they
do not know who is coming into their neighborhoods. He stated that there are people who look
Planning Board Meeting
August 12, 2008
Page 5 of 6
like the should not be walking around the city are in his neighborhood. It does not feel safe
Y g tY g
walking around the block. He stated that his neighborhood is in a state of an emergency and
something must be done.
Claudia Fernandez
Ms. Fernandez requested that no one should park in her empty lot because it is private property and
something must be done. She just went through the approval from the city for the construction of
her single family home. If this situation continues she will not build, sell the property, and move.
Nolly Granados
Ms. Granados questioned if sex offenders may move into the area without any background check.
Ms. Boutsis replied that there is a regulation that the City, as well as Miami -Dade County, passed
requiring that all registered sex offenders are supposed to be checked. Ms. Granados was
concerned that there are people living there without any form of background check.
Susana Malley
Ms. Malley advised that she is considering doing an addition to her home which will improve the
neighborhood but does not know if it is a good idea with all that is going on in that area. She stated
that the area need some help and something must be done to prevent these homes from expanding.
Bill Wilson
Mr. Wilson echoed the same sentiments as his neighbors. He stated the does not understand why
• they have to live there. He noted that the City must correct the situation.
Chairman Morton closed the Public Hearing.
Mr. Cruz questioned how the law will affect the existing group homes. Ms. Boutsis replied that if
the law is enacted it will be used to measure the 1000 feet for future homes but could not be used to
the existing homes because they existed before the law was enacted. Mr. Cruz further questioned if
the two homes under discussion are the only two group homes in South Miami. Ms. Boutsis
replied that the two homes under discussion are the only homes that have been brought up to the
attention of the Administration and the City Commission.
Ms. Yates stated she was in favor of approving the text amendment with the recommendations
made by the Board.. Ms. Yates also requested that staff research the practice of other municipalities
with regards to parking requirements and number of bedrooms because that may need more
regulation.
Ms. Chael requested that staff get together with ERPB to draft guidelines of how the issue related
to parking may be addressed. Ms. Boutsis replied that it would be a Code Enforcement issue and
not an ERPB jurisdiction. Mr. Cruz questioned if there was a way to link the parking issue to the
proposed definitions. Mr. Youkilis advised in the negative because it has not been advertised. Ms.
Boutsis further added that it should be on a separate agenda. By having it on a separate agenda
staff may have ample time to accurately research the practices of other municipalities.
Ms. Young questioned why the City Commission cannot act on the proposed text amendment at an
earlier date considering it is an emergency. Ms. Young requested that it be considered within 60
. days. She also requested that the record reflect that there were children present concerned about
safety. Mr. Youkilis advised that it could be on the City Commission meeting of September 2,
2008 for adoption. Mr. Youkilis replied that it has to be advertised.
Planning Board Meeting
August 12, 2008
• Page 6 of 6
Motion: Ms. Yates moved to approve the proposed text amendment and Ms. Chael seconded with
the technical recommendations made by the Board.
Vote: 6 Aye 0 Nays (Mr. Comendeiro not present)
•
W:\PB\PB Minutes\2008 Minutes\August\PB- Min- 08- 12- 08.doc
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Miami; no cover. 305- 358 -3600.
Free Fridays: Wine and bar food
accompanied by exhibition tour; 6 to
9 p.m. Friday; Dynamo Cafe, 1001
Washington Ave., South Beach.
305 -531 -1001 or information@the -
wolf.fu.edu.
New England Clam Bake Sundays -
Dinner: Features choice of soup or
salad appetizer, a one- and- a -half-
pound lobster, mussels, clams, corn
on the cob, roasted potatoes, and
choice of dessert. A glass of house
wine is also available for $5; 5 to 10
p.m. Sunday; Oceanaire Seafood
Room, 900 S. Miami Ave., Suite 111,
Brickell; $36.305-372-8862 or theo-
ceanaire.com.
FILM
Cyrano de Bergerac., A French
movie with English subtitles directed
by Jean Paul Rappeneau and Gerard
Depardieu. The film is originally a
play written by Edmond Rostand in
1897 based on the life of Cyrano de
Bergerac:7 p.m. Friday; Alliance
Francaise Miami, 618 SIN Eighth St.,
Miami; $10,$S members.
305-859 -8760 or afmiami.org.
Miami Beach Cinematheque: 512
Espanola Way, Miami Beach; $10,$7
MBC members and students.
305 -673 -567 or MBCINEMA.com:
• The Last Mistress. this drama film
directed by Catherine Breillat shows
the secrets, rumors and betrayals
that revolve round the upcoming
marriage between a penniless rouge
and a woman belonging to the aris-
tocratic class of France; 7:45 p.m.
and 9:45 p.m. Friday - Sunday;
• Where the Truth Lies, This Cana-
dian drama - mystery - thriller film
directed by Atom Egoyan is based
on the Novel of Rupert Holmes
which shows a young journalist
known for her celebrity profiles, try-
ing to discover the truth behind a
past incident of murder that affects
the lives and careers of a showbiz
team; 8:30 p.m. Thursday.
Pierrot Le Fou: This film is the tale of
the unorthodox life of Pierrot, the
annoying nickname given to unhap-
pily married Ferdinand Griffon by his
ex- girlfriend. He leaves his wife and
children and flees with Marianne only
to find himself chased by Algerian
gangsters in a traveling crime spree
from Paris to Mediterranean; 7 p.m.
today; The Wolfsonian-FIU, 1001
Washington Ave., Miami Beach; $10,
free - members and students.
305 -535 -2645 or wolfsonian.org,
Things I Never Told You., Spanish
movie by Isabel Coixet with English
subtitles. Story of a girl, who has
recently moved to Eastern Europe.
She receives a call from her boy-
friend in which he tells her that their
relationship is over. Eventually, a few
minutes later, she swallows all her
nail polish; 7 p.m. Tuesday; Centro
Cultural Espanol, 800 Douglas Rd.
Ste. 170. Coral Gables; Free.
305- 448 -9677.
Young Spanish Filmmakers Cycle:
Centro Cultural Espanol shows four
recent successes of Spanish cinema.
Isabel Coixet, Iciar Bollair, Juan Car-
o Fresnadillo and Alejandro
NEIGHBORS CALENDAR
Amenabar are some of the best
known filmmakers of the actual
Spanish cinematography. The four
motion pictures selected offer an
accurate overview of the different
genres and styles that are shown in
the Spanish theater; 7 p.m. Tuesday;
Centro Cultural Espanol, 800 Doug-
las Rd. Ste. 170, Coral Gables; Free.
305- 448 -9677.
MIAMI -DADE SPECIAL
ART EVENTS
Battle Of The Bands: In connections
with a rock-'n'-roll art exhibit (see
below), South Florida -based bands
perform, including The Pots & Pans,
Sinister Smith, Airship Rocketship,
Electric Bunnies, TV Club. 7 p.m.
Thursday, Aug. 28: Museum of Con-
temporary Art (MOCA), 770 NE
125th St. Joan Lehman Building,
North Miami; free with museum
admission, of $5, $3 students and
seniors with ID, free for members.
children 11 and under and North
Miami residents. 305- 893 -6211 or
mocanomi.org.
Deco and Design Tour: Two -hour
adventure begins with a walking tour
of the Art Deco District, then moves
inside to explore the W olfsonian's
collection. Focuses on New Deal
architecture and the exhibition -A
Bittersweet Decade -The New Deal in
America. RSVP and advance ticket
purchase required: 6 p.m. Friday;
The Wolfsonian -FIU, 1001 Washing-
ton Ave., Miami Beach; S20 -non
members, $10- members.
305 -535 -2644 or education @the -
wolf.fiu.edu.
Egypt's Golden Empire: Screening
of film on Egypt when it was the cen-
ter of the known world, its Pharaohs
called gods and great cities, temples
and tombs built. 6:30 -7:30 p.m.
Thursday, Lowe Art Museum. Univer-
sity of Miami, 1301 Stanford Dr.. Coral
Gables; free with paid museum
admission: $10, $5 seniors and
non -UM students„ free for members
and UM students, faculty and stu-
dents with ID. 305 -284 -3535 or low -
emuseum.org.
Lecture on Artist Carlos Enrfquez:
Juan Martinez, an art historian and
director of the Art and Art History
Department at Florida International
University, lectures on the life and
work of the late Cuban modern mas-
ter painter: 7 -9 p.m. Wednesday;
Cernuda Arte, 3144 Ponce de Leon
Blvd.. Coral Gables: free. RSVP at
305- 461 -1040.
MIAMI -DADE ART
MUSEUMS
INSTITUTIONS
Bass Museum of Art: 10 a.m: 5 p.m.
Tuesday - Saturday, ll a.m :5 p.m.
Sunday; 2121 Park Ave. (in Collins
Park), Miami Beach; $12 adults. $10
seniors, $6 students, free for kids 5
and under. 305- 673 -7530 or bass -
museum.org:
a 20th Century Works on Paper
from the Fundacion Mapfre Collec-
tion, 80 works by some of the 20th
century's most renowned Spanish
artists plus artists from other coun-
tries who were influenced by Spain.
Artists include Pablo Picasso, Joan
Miro, Sonia Delaunay, Juan Gris,
Francis Picabia and Joaquin Torres -
Garcia; through Nov. 2.
• Treasures from the Bass Museum
ofArt, selected collection from the
museum, includes tapestries and
paintings by masters such as Sandro
Botticelli and Domenico Ghirlandaio.
Coral Gables Museum Exhibition:
Features art and artifacts that will be
displayed at the new museum set to
open in 2009. Includes Coral Gables
memorabilia and items highlighting
the four visionaries behind the City
Beautiful, 1-4 p.m. Wednesdays and
Sundays until the museum opens in
2009: Old Spanish Village, 2901
Ponce de Leon Blvd., Coral Gables;
free. 3OS -910 -3996.
Historical Museum of Southern Flor-
ida: 101 W. Flagler St., Miami; 10
a.m: S p.m. Monday- Saturday and
noon -S on Sunday; $8 adults, $5 kids
6 -12, free for members and kids 5
and under. Free admission 10 a.m.-5
p.m. every second Saturday.
305- 375 -1492 or hmsf.org:
• Anne Mergen-Florida Cartoons,
editorial cartoons by one of the first
women in the U.S. to break into the
male-dommated field. Mergen's car-
toons highlighted many issues that
affected Florida. including Miami -
Dade County; through Sept. 4.
Jewish Museum of Florida: 10 a.m: 5
p.m. Tuesday-Sunday; 301 Washing-
ton Ave., Miami Beach. $6 adults; $5
students and seniors; free for kids 5
and under. 305- 672 -5044, ext. 21:
• Florida Jews in Sports, exhibit
portrays athletes on miniature play-
ing fields and highlights the impact
of more than 150 Floridian Jews who
participated in or covered 24 sports
over more than a century, including
players, coaches, team owners and
journalists; through Feb.15.
• MOSAIC: Jewish Life in Florida,
features more than 500 photo-
graphs and artifacts.
Lowe Art Museum: 10 a.m :S p.m.
Tuesday- Wednesday, noon -7 p.m.
Thursday, 10 a.m. -S p.m. Fridaat-
urday, noon -5 p.m. Sunday, closey -Sd
Mondays; University of Miami, 1301
Stanford Dr., Coral Gables; $10, $5
seniors and non -UM students, free
for members and UM students, fac-
ulty and students with ID.
305- 284 -3535 or lowemuseum.org:
• Excavating Egypt-Great Discover-
ies from the Petrie Museum of Egyp-
tian Archaeology, traveling exhibi-
tion tells the story of British pioneer
and archaeologist Sir William Mat-
thew Flinders Petrie. He participated
in excavations in Egypt for more
than 50 years. The exhibition dis-
plays 221 of his most significant
finds; through Nov. 2.
Margulies Collection at the Ware-
house: The museum is temporarily
closed for major renovations. It will
reopen in early November with a
new exhibition of sculpture. video
and photography; ll a.m.-4 p.m.
Wednesdays - Saturdays; 591 NW
27th St., Miami; free. 305 -576 -1051.
Miami Art Museum: 10 a.m: S p.m.
Tuesday - Friday, noon -5 p.m. Satur-
day and Sunday; 101 W. Flagler St.,
Downtown Miami; $8,$4 seniors,
free for members, students and chil-
dren and every second Saturday of
each month. 305- 375 -3000 or mia-
miartmuseum.org:
• Sean Duffy -New Work, the Los
Angeles -based artist known for fus-
ing multiple turntables into func-
tional single players displays his
installation inspired by California
pop culture of the 1960s. Features a
-TURN TO CALENDAR, 30
0
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, September 2, 2008, beginning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive, the City Commission will
hold Public Hearings to consider the following items:
AN ORDINANCE RELATING TO A REQUEST TO AMEND LAND
DEVELOPMENT CODE SECTION 20- 3.3(E1 ENTITLED "OUTDOOR
SEATING/DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR
PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT"
IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS
APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; DELETING
REPETITIVE SECTION 20 -7.29 ENTITLED "OUTDOOR SEATINGIDINING
USES AND AREAS ".
(The above ordinance is being advertised in the event that substantial
changes are Introduced at the August 27, 2008 meeting, therefore
requiring a subsequent hearing).
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE
CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (1),
(J), (K), (L), (M) AND (M FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED
LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW
SECTION 20 -4.12 ENTITLED TREE PROTECTION; CONTAINING INTENT,
DEFINITIONS AND APPUCABIUITY; PROVIDING FOR TREE REMOVAL
PERMITAPPLICATIONS, REQUIREMENTS, REVIEW, FEES,AND CRITERIA
FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION,
APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING
FOR A REPEAL PROVISION AND A SEVERABILITY CLAUSE.
AN ORDINANCE RELATING TO NOISE, AMENDING ARTICLE III,
SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE
DATE AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED,
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING.
AN ORDINANCE RELATING TO A REQUEST TO AMEND THE LAND
DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED
"DEFINITIONS" IN ORDER TO PROVIDE NEW DEFINITIONS FOR
BAKERY, BOARDING HOUSE, TOURIST DW ELUNG, GROUP HOME. AND
MODIFYING THE DEFINITIONS OF COMMUNITY RESIDENTIAL HOME
AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION
20 -3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET
FORTH THE ZONING USE DISTRICTS WHICH WILL PERMIT BOARDING
HOUSES, TOURIST DWELLINGS, AND GROUP HOMES.
AN ORDINANCE RELATING TO THE PERMIT FEEIFEE SCHEDULE;
AMENDING ORDINANCE 32 -01 -1763 AND 15 -04 -1822 AS AMENDED
BY ORDINANCES TO, INCREASING SOME PERMIT FEE, ADDING NEW
FEES AND DELETING SOME FEES FROM THE SCHEDULE.
AN ORDINANCE RELATING TO THE CODE OF ORDINANCE; AMENDING
SECTION' 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY
COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME UMITS.
A RESOLUTION FOR SPECIAL USE APPROVAL FOR A SMALL
RESTAURANT TO BE LOCATED AT 5800 SW 73r° STREET WITHIN THE
"SR (HD -0V)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY)
ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS
46 AND 47 LESS THE WEST 60 FEET, W. A LARKINS SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT
PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY.
If you have any inquiries on the above items please contact the City Clerk's office
at: 305 -663 -6340.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida BtaMes 296.0105, the Ciy hereby advises the public the ff. e person dedda
to appeal arty derision node by this Board, Agm y e, Commission with respe 1 to arty mailer
oasld . Its rmaing or hearing, he or she pun need a mood d the PoceeeFngs, and that fe,
such purpose. aff c person may need to — that a vmbalim mcvrd of the pooeed'ngs 1.
merle MtJCh resod inc4des the testimony and evid —upon whbh the appeal is to be lo d.