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HomeMy WebLinkAbout2013 03 11 Public Hearings 502 Ordinance 2013-05 Second Reading, RaceTrac RezoningCOMMISSION AGENDA ITEM 502 March 11, 2013 Regular Meeting Informational Consent Public Hearings X Regular KS RS City Manager Department REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to approve second reading and adoption of Ordinance 2013 -05, which proposes to rezone three parcels totaling approximately 1.66 acres, generally located on the southwest corner of the intersection of U.S. 17 -92 and State Road 419 from Seminole County C -2 (Retail Commercial District) to City of Winter Springs C -2 (General Commercial). SYNOPSIS: An application was received by the Community Development Department which requests a rezoning for three parcels totaling approximately 1.66 acres in size from Seminole County C -2 (Retail Commercial District) to City of Winter Springs C -2 (General Commercial). The subject properties are located on the southwest corner of the intersection of U.S. 17 -92 and State Road 419. The rezoning request is a companion to a proposed Annexation and Small - Scale future land use map amendment. The applicant has requested this rezoning to allow the properties to be utilized in the development of a RaceTrac gas station that is proposed to be developed on a portion of the three subject parcels and on the abandoned Hess gas station that is located adjacent to and north of the subject parcels. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: Thomas Sullivan, Lowndes Law Firm, 215 North Eola Drive, Orlando, FL 32801. Public Hearings 502 PAGE 1 OF 5 - March 11, 2013 • Property owner's name(s): RaceTrac Petroleum, Inc., JJJJ Williams 4 LLC, Michael and Adriana Abdin. • Property addresses: 3237 North U.S. 17 -92, 1730 State Road 419, 1810 State Road 419 • Property Parcel ID numbers: 22- 20 -30- 300 - 0270 -0000, 22- 20 -30- 300 - 0300 -0000, 22- 20-30- 300 - 0310 -0000 • Current FLUM Designation: Seminole County MXD "Mixed Development" • Current Zoning Designation: Seminole County C -2 (Retail Commercial District) • Previously Approved Development permits such as conditional use, waiver, or variance (if any): No known approved development permits on subject properties • Development Agreements (if any): No known Development Agreements on subject properties • Pending Code Enforcement Actions (if any): No known Code Enforcement actions • City Liens (if any): No City liens. Properties are Seminole County APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511- 163.3246 : (Provides that land currently in unincorporated development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20 -31. The applicant is petitioning the City to rezone the subject parcels from Seminole County C- 2 (Retail Commercial District) to City of Winter Springs C -2 (General Commercial) to allow the properties to be utilized in the development of a RaceTrac gas station that is proposed to be developed partially on the three subject parcels and partially on the abandoned Hess gas station site that is located adjacent to the subject parcels. The surrounding area is generally characterized by commercial uses. Public Hearings 502 PAGE 2 OF 5 - March 11, 2013 REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20 -31: (1) Compliance with Procedural Requirements- The proposed rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. (2) Consistent with the Comprehensive Plan- The proposed rezoning change is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with any Master Plan for the property- The subject properties are proposed to be developed in conjunction with the abandoned Hess station site adjacent to the north to permit development of a RaceTrac gas station. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed rezoning from Seminole County C -2 (Retail Commercial District) to Winter Springs C -2 (General Commercial) is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. The surrounding properties have future land use designations in the City of Winter Springs and Seminole County of "Mixed Development" and "Commercial." (5) Does Not Create Spot Zoning- The proposed rezoning does not create a spot zone, which is prohibited by law. The adjoining properties are zoned for commercial uses. The adjacent parcel was once the site of a Hess gas station. It is located within the City of Winter Springs. The proposed zoning designation is compatible with the surrounding area. Public Hearings 502 PAGE 3 OF 5 - March 11, 2013 Existing Land Uses Zoning Future Land Use Subject Vacant commercial, Seminole Seminole County Properties former auto repair facility, single - family home County C -2 (Retail MXD "Mixed Development" Commercial Di strict) North Abandoned Hess gas City of Winter City of Winter station Springs C -2 Springs "Commercial" (General Commercial) South Boat sales and service Seminole Seminole County facility County C -2 MXD "Mixed (Retail Development" Commercial Di strict) East S.R. 419 right -of -way None None West U.S. 17 -92 right -of -way None None REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20 -31: (1) Compliance with Procedural Requirements- The proposed rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. (2) Consistent with the Comprehensive Plan- The proposed rezoning change is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with any Master Plan for the property- The subject properties are proposed to be developed in conjunction with the abandoned Hess station site adjacent to the north to permit development of a RaceTrac gas station. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed rezoning from Seminole County C -2 (Retail Commercial District) to Winter Springs C -2 (General Commercial) is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. The surrounding properties have future land use designations in the City of Winter Springs and Seminole County of "Mixed Development" and "Commercial." (5) Does Not Create Spot Zoning- The proposed rezoning does not create a spot zone, which is prohibited by law. The adjoining properties are zoned for commercial uses. The adjacent parcel was once the site of a Hess gas station. It is located within the City of Winter Springs. The proposed zoning designation is compatible with the surrounding area. Public Hearings 502 PAGE 3 OF 5 - March 11, 2013 (6) Does Not Materially Alter the Population Density Pattern- The proposed rezoning does not alter the existing developed population density pattern and therefore will not overtax the load on public facilities and services (utilities, streets, and other municipal services and infrastructure). (7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan. (8) Changed Conditions Make the Proposed Rezoning Necessary- The proposed zoning designation of C -2 is compatible with the proposed "Commercial" Future Land Use Map classification that is proposed via Ordinance 2013 -04. (9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning will not seriously reduce light or air to adjacent areas. (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. (11) Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses. (12) Does Not Constitute a Special Privilege- The proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the City. (14) Does Not Violate any City Land Use Regulations- The proposed rezoning does not violate any applicable land use regulations adopted by the City. The proposed rezoning complies with specific gas station location criteria noted within Section 20 -418. Specifically, the site exceeds the minimum air line distance of three hundred fifty (350) feet, measured in a straight line from the nearest points of lot boundaries, between a proposed gasoline station and any existing gasoline station or between a proposed gasoline station and any lot zoned residential or any lot on which a school or playground is proposed or exists. FINDINGS: In analyzing the rezoning request, it has been determined that the fourteen (14) review standards included in Section 20 -31 were satisfied. FISCAL IMPACT: The proposed rezoning of the property from Seminole County C -2 (Retail Commercial District) to City of Winter Springs C -2 (General Commercial) allows the subject parcels, in conjunction with the abandoned Hess station site, to be developed into a RaceTrac gas station. Development of the subject property is anticipated to provide an increase to the City's taxable value. A fiscal analysis report will be submitted and reviewed by staff as part of the process of moving the final engineering of this project forward to the Commission. Public Hearings 502 PAGE 4 OF 5 - March 11, 2013 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on January 25, 2013. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. This item was advertised in the Orlando Sentinel on January 24, 2013. RECOMMENDATION: Staff recommends the City Commission approve second reading and adoption of Ordinance 2013 -05. Ordinance 2013 -05 proposes to rezone three parcels totaling approximately 1.66 acres, generally located on the southwest corner of the intersection of U.S. 17 -92 and State Road 419 from Seminole County C -2 (Retail Commercial District) to City of Winter Springs C -2 (General Commercial). ATTACHMENTS: A. Ordinance 2013 -05 B. Minutes, February 6, 2013 Planning & Zoning Board meeting C. Advertisement, Orlando Sentinel — January 24, 2013 Public Hearings 502 PAGE 5 OF 5 - March 11, 2013 Attachment "A" ORDINANCE NO. 2013 -05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THREE (3) PARCELS OF REAL PROPERTY TOTALING 1.66 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. 17 -92 AND STATE ROAD 419 AT 3237 NORTH U.S. 17 -92, 1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "C -2 RETAIL COMMERCIAL DISTRICT" TO WINTER SPRINGS "C -2 GENERAL COMMERCIAL DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their February 6, 2013 meeting; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2013 -05 Page 1 of 2 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs as described in City of Winter Springs Code Section 20 -102 is hereby amended to include a change of classification from Seminole County "C -2 Retail Commercial District" to Winter Springs "C -2 General Commercial District" for the property legally described and depicted on Exhibit "A," which is attached and incorporated herein by this reference. City Staff is hereby directed to promptly amend the Official Zoning Map upon the effective date of this Ordinance. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 2013 - as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2013 - does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of , 2013. ATTEST: Charles Lacey, Mayor Andrea Lorenzo - Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No. 2013 -05 Page 2 of 2 Legal Description: Exhibit "A" 1ECAL OirSCRO'll t fQRR. e4as, r+4 «2) OS SW JO art MEET OF /HE SCVfh£AS7 Qp%p7 H0v7N+.. sr V4 Or ma. SYIU7X esT 1/4 OF Me SAdm11EV 1/4 Or SECROV 2; W OOP SGGTii R Ai (Z' JO CAM Cr SOAHOVE c&LV1rr, Aa740A RUM THOra NOM ALCS.O 111£ afsrForr7vrr are a, SvetaAo- OHM) rata 100 N27, 1M NC£ :etr 1m frsr. 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HORN OF m1E . OVMS.AST *IVO Lr AfE haMEAS7 OVAR12R OF 0 2 517I094EST amply? a, 01( SYV10IEST OVARES4 Of =Oar 2Z i71711SHTP 20 OWN RAND J0 EAST. RUA HORN 755.7 •tl7, ALCWO THE r4E5r Fsaer ¢� r,u r uv( CP SA4s07D 01.15350 RAAC, wiicr 14(27 100 FEET, 0024 Sam! 1255 FEET, Neel- EAST 107 TC£r 111 raw of 11(0:" v0VG AMC Al S9Arra(E 00W41), F20904 7 SANS E1 pft IC 10.0 10 12 Subject properties Attachment "B" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 6, 2013 PAGE 6 OF 9 PUBLIC HEARINGS 502. Community Development Department — Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board Hold A Public Hearing To Consider Ordinance 2013- 05, Which Proposes To Rezone Three Parcels Totaling Approximately 1.66 Acres, Generally Located On The Southwest Corner Of The Intersection Of U.S. 17 -92 And State Road 419 From Seminole County C -2 (Retail Commercial District) To City Of Winter Springs C -2 (General Commercial). Mr. Howell presented the Agenda Item for discussion and in addressing the Board members, Mr. Howell explained, "The Rezoning request is a companion to the Annexation and Small Scale Future Land Use Map Amendments that were just approved. The proposed Rezoning complies with the specific gas station location criteria noted within Section 20 -418. of the City Code. Specifically, the site exceeds the minimum air line distance of 350 feet between gas stations and — a lot zoned residential, or any school, or playground that is proposed or exists. It has been determined that the fourteen (14) review standards included in Section 20 -31. have been satisfied, and Staff recommends approval." Vice Chairman Bob Henderson asked if this falls into (Community Redevelopment Agency) CRA? Mr. Howell responded, "Yes, it is part of the (U.S. Highway) 17/92 CRA (Community Redevelopment Agency)," Chairman Poe opened "Public Input" for this Agenda Item. Mr. Tom Sullivan, Lowndes, Partner, Drosdic Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: remarked, "For the Record, last but not least, we concur with Staff on this item as well, and appreciate your support." Chairman Poe closed "Public Input". "I WILL MAKE THE MOTION TO APPROVE." MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY VICE CHAIRMAN HENDERSON. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER WALKER: AYE VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. H oe D �,T'f: ?f9K:IPWG� Attachment "C" tl,q4 I Orlando Sentinel Thursday, January 24, 2013 s£ A B C NOTICE OF U = LIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE PLANNING & ZONING BOARD /LOCAL PLANNING AGENCY AND CITY COMMISSION PROPOSE TO CONSIDER THE FOLLOWING: ORDINANCE NO. 2013-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING THREE (3) PARCELS OF LAND COMPRISING APPROXIMATELY 1.66 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. 17 -92 AND STATE ROAD 419 AT 3237 NORTH U.S. 17-92, 1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAI. PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. ORDINANCE NO. 2013-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPR INGS; SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS DESCRIBED AS THREE (3) PARCELS OF LAND, CONTAINING 1.66 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. 17-92 AND STATE ROAD 419 AT 3237 NORTH ,U.S.17 -92, 1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "MIXED DEVELOPMENT (MXD) "TO CITY OF WINTER SPRINGS "COMMERCIAL "; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND-AN EFFECTIVE DATE AND LEGAL STATUS OFTHE PLAN AMENDMENT. ORDINANCE NO. 2013-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THREE (3) PARCELS OF REAL PROPERTY TOTALING 1.66 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S 17 -92 AND STATE ROAD 419 AT 3237 NORTH U.S. 17-92, 1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "C -2 RETAIL COMMERCIAL DISTRICT" TO WINTER SPRINGS "C -2 GENERAL COMMERCIAL DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. LOCATION MAP PLANNING & ZONING BOARD! LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON • WEDNESDAY, FEBRUARY 6, 2013 AT 5 ;30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL , 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY, FEBRUARY 25, 2013 AT 515 P M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELD ON MONDAY, MARCH 11, 2013 AT5:15 P.M. OR SOON THEREAFTER IN THE -- COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the Cilys Clark's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327 -1800 8227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327.1800, 8236. This is a public hearing. Interested parties are advised that they may appear at the meeting and be heard with respect to the Proposed ordinance. It you decide to a' • eel an recommendation or de ' e rr, R • R +,c )1 RI , R • yAla9er,oen a is me ing, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record el the proceedings is made upon which the appeal is based.