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Minutes 04-24-79MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, T~ESDAY, APRIL 24, 1979 PRESENT Arnold E. Thompson, Chairman Fred F. DiSalle, Vice Chairman Ezell Hester Gene Johnson Caesar Mauti Frank Oberle Simon R~der Carmen Annunziato, City Planner Craig Grabeel, Asst. City Planner Chairman Thompson called the meeting to order at 7:30 P. M. and dispensed with the introductions since no audience was present. MINUTES OF APRIL 10, 1979 Mr. Johnson referred to it being noted that the meeting adjourned at 7:50 P. M. and corrected it to 9:30 P. M. He moved to accept the minutes as corrected, seconded by Mr. Oberle. Motion carried 7-0. ANNOUNCEMENTS Mr. Annunziato announced the City Council will hold a Public Hear- ing tomorrow night on the Comprehensive Plan and hopefully at their next regular meeting, they will forward the plan to the State and regional agencies. NEW BUSINESS Discussion~Re: Screening of Open Storage Since the applicant was not present for the abandonment request, the Board decided to discuss the screening of open storage. Mr. Bert Keehr, Deputy Building Official, distributed the attached memorandum outlining various questions from the Building Depart- ment. He told about some existing conditions actually being junk yards~a~d how enforcement for screening needed clarification of open storage. Also, it is not stated what the open storage should be screened with and he told about some of the screening materials looking worse than the material being screened. He thinks the material or equipment which Should be screened should be identi- fied as they have had a problem distinguishing what is open stor- age. In reference to the grandfather situation, it is always hard to set something straight. Possibly in certain instances a time limit could be set how long something could remain before screen- ing is required. Mr. Keehr then referred to having a lumber yard in the middle of town allowed under a conditional use and stated he thinks this can be handled and in the future, probably lumber yards should be screened. MINUTES - PLANNING $ ZONING BOARD APRIL 247 1979 Mr. Keehr suggested starting with Item ~1 on his memorandum and agreeing on some type of screening which would handle the situa- tion. Mr. DiSalle replied that the first thing to do is make a distintion what kind we are talking about. The purpose would be to conceal an eyesore. There was discussion last week of having just a fence to prevent theft. Mr. Keehr stated if it is going to be screened from view, protection must be forgotten. He thinks the places should look decent and most businesses have insurance. Mr. DiSalle clarified that he wanted to discuss one type of fence for all purposes and Mr. Keehr agreed. Mr. Hester referred to open storage and stated that a clear con- cise definition of open storage is needed. Mr. Annunziato read the definition presently stated in the code and explained how it could apply to actually anything stored in the ope% whether cars~ building materials~ wire reels, garbage cans, etc. Mr. Mauti questioned what was meant by eventual removal expected within 72 hours and Mr. Annunziato replied that an example would be a wrecked car. Mr. DiSalle referred to companies storing an inventory of goods outside and Mr. Annunziato explained how these would be continually replaced. Mr. Hester referred to this causing an enforcement problem and Mr. Annunziato agreed. Mr. Ryder stated we must define the problem. He feels we should come to a conclusion where we want the screening. Apparently the concept was to screen from view where adjacent to residential areas. The screening of material~ equipment or cars must be con- sidered. Mr. Oberle told about junk yards being located along Industrial Avenue which are not actually storing cars. These should be eli- minated because junk yards are not allowed in the City limits. Mr. Keehr agreed but advised that junk yards were pe~tted under the old ordinance with a 6~ high solid fence. He explained that screening was not required for open storage under the old ordi- nance, but the new regulations call for no junk yards and screen- ing of open storage. Mr. Mauti showed some photographs of various sites he took around the City. He told about junk being stored between the warehouses in the alleyways along Industrial Avenue with no screening whatso- ever which can be seen from the residential area. He also re- ferred to the trucks and trae~O~msparked behind the First Bank & Trust. He referred to cars being stored on a lot with a business being conducted and suggested that storage areas be abolished unless there is a structure on the premises. He explained how he did not think a fenced lot with cars, boats, trailers, etc. met the code. Mr. Mauti then asked how many were under the grandfather situa- tion and Mr. Keehr replied that he had no idea. This would take some investigation back to the years prior to enforcement or adoption of these regulations. He explained the owners would have to submit proof they were in existence previously. -2- MINUTES - PLANNING & ZONING BOARD APRIL 24~ 1979 Mr. Mauti referred to open storage having a ~ood purpose but stated he believes it has been abused completely out of propor- tion. He referreddto the last meeting when the gentleman told about having a beautiful lawn at his business on Industrial Ave. and told about visiting this site and there not being a lawn there but trailers were parked on the site and he showed a photograph. Mr. Annunziato clarified that the consensus is if there is going to be open storage, it should be adequately screened. Mr. Mauti added that the storage must be needed in conducting the business~ and a structure should be on the premises. Mr. Annunz~to informed him that open storage yards are a permitted use and Mr. Mauti re- plied that possibly this should be altered. Mr. Annunziato agreed this might be appropriate over the long run, but the Building Department needs guidance now. The question is what constitutes screening. He explained how some fencing actually looked terri- ble. He asked if Mr. Keehr had an example of adequate screening and Mr. Keehr replied that it should be solid and durable and should be constructed of masonry or wood. Mr. DiSalle stated he does not think we should disregard the Police Department's request to have fencing where there is valuable storage and some discre- tion must be made by the Building Official. The question is what type of material is being stored. Mr. Annunziato referred to this being a problem and explained how junk was valuable to some people. They discussed further the types of fencing and screening avail- able. Mr. Mauti referred to No. 5 on Page 3lB and pointed out that possi- bly not allowing outdoor storage exceed 15% of the total square footage of the area might cover the problem. Mr. Keehr stated the screening should be something durable, either aluminum inserts in chain link fence, solid wood type fence, or masonry. Chairman Thompson asked if the screening was proposed for all sides or just facing the residential areas and Mr. Keehr replied this is what he was seeking to know from the Board. Also~ whether it must be screened when abutting other storage. Chairman Thompson referred to having view for the police from one side and Mr. Annunziato added that it should be screened from the community including screening from view of 1-95. Mr. Mauti suggested that Mr. Annunziato work with the Building De- partment and submit some recommendations to the Board for consid- eration. Possibly a stronger ordinance would be advisable. Pos- sibly include a period of five years and then not allow open storage or consider the percentage factor. Mr. Annunziato agreed plus include how to regulate what exists. Chairman Thompson referred to screening along Industrial Avenue and suggested a hedge row be planted along the west for screening for the residences and possibly Australian Pines along 1-95 rather than a concrete wall or chain link fence. -3- MINUTES - PLAK~ING & ZONING BOARD APRIL 24, 1979 Mr. Annunziato stated they will address the non-conformity section with the grandfather clause and submit a proposed ordinance for the screening. He believes Mr. Keehr has been given enough to go on regarding open storage and needed screening. If the Board wants to recommend Australian Pine Hedge along the right-of-way of Indus- tri&l Avenue, this could be reflected in the minutes in the form of a motion. Mr. Mauti questioned who would pay for this and Mr. Annunziato replied that he suspects it would have to be the City. He thinks the Council should be made aware of this situation. Mr. Oberle asked who planted the Australian Pines along the rail- road and Mr. Annunziato informed him the City did. Mr. Ryder stated what type of sto~age should be taken into consid- eration. Contractors' materials and equipment are Iive operations~ but boats, cars and trucks are dead storage. Mr. Annunziato in- formed him that the definition includes everything. There is a need for this open storage providing it is properly screened. Mr. Mauti referred to junk yards not being open storage and Mr. Annunziato replied that the definition of a junk yard will pre- clude the storage of wrecked vehicles. If it is a junk yard, it is illegal. Mr. Keehr referred to having new and used car and boat lots along Federal Highway and asked whether these must be screened and Mr. Oberle explained that these people are conducting an actual busi- ness and must have their products open to view. Mr. Keehr asked if something on display for sale should be excluded from open storage and Mr. Ryder replied affirmatively since it is a busi- ness. Mr. Oberle referred to some service stations being eyesores with cars parked all over. Mr. Keehr referred to getting a legal opinion on truck parking and explained that trucks can be parked if it is part of the business. They discussed at length the pro- blem of truck parking with not having any truck terminals in the area. Mr. Annunziato then stated that in the future, this situa- tion may rectify itself because as the industrial area is deve- loped, this usage may be addressed. Mr. Mauti referred to being in business and told about not being allowed to park trucks at,his house or have business mail delivered to his home and stated he thinks there is the right place in zoning for every business. Mr. Annunziato clarified that Mr. Keehr has been given some direc- tion what is open storage, what should be screened and what con- stitutes screening which will help in enforcement of t~e ordinance. A motion could be made to recommend to the City Council that an Australian Pine Hedge or similar be planted at the western edge of the west right-of-way line of Industrial Avenue to afford some screening to the residential areas. Mr. Hester so moved, seconded by Mr. Mauti. Motion carried 7-0. Mr. Mauti referred to Australian Pines being planted along 1-95 and Chairman Thompson replied this could be discussed at another time. -4- MINUTES - PLANNING $2DNING BOARD Public Hearing - Abandonment Request APRIL 24, 1979 Applicant: Location: Request: ROC Development, Inc. (The Fairways) Tract B of Charter World Easement, utility ingress and egress abandonments Mr. Annunziato referred to several months ago when a site plan came before the Board for the Fairways development of duplex type units and stated following this application is this abandonment request. This is actually the reduction in size of the existing very large easement. Initially when Palm!and was platted, they platted a very large ingress and egress easemenv. The request is to reduce the size of the easement so units can be constructed in conjunction with the approved plan. It was reviewed by the staff and the comments are minimal. It was reviewed by the utilities companies and the only utilities in there are sewer and water. He explained the actual request and advised there are no objec- tions. This will bring the plan into conformance with the site plan. The only staff recommendation was from the Acting Utility Director that it' would be beneficial if the engineer would show the existing and proposed utilities on the sketch of the easement. Mr. Gentry advised that the plans did indicate this and he dis- cussed this with Mr. Law. Mr. Annunziato added that Florida Public Utilities have no underground distribution facilities and Florida Power g Light Co. have no existing facilities in the area. Mr. DiSalle questioned to what use this 9,000 sq. ft. will be put and Mr. Gentry replied that it will allow flexibility for the building locations and allows more separation. Mr. Annunziato added that ~t will allow more open space between the units. Chairman Thompson asked if anyone in the audience wanted to speak in favor of this abandonment request and received no response. He asked if anyone in the audience wanted to speak against this aban- donment request and received no response. Mr. Ryder referred to the request for abandonment actually being misleading since this is to modify the existing easements due to a contemplated change in use. Mr. Ryder then made a motion this Board recommend approval of the application for abandonment of these easements since it consists of modifying the previous exist- ing easements to conform to the new proposed use of the area, seconded by Mr. Mauti. Motion carried 7-0. Mr. Oberle questioned how many units were going to be built in Tract B and Mr. Gentry replied 54 units, 27 duplex units. It was original!y approved for more than 60 units. ADJOURNMENT Mr. Mauti made s motion to adjourn, seconded by Mr. DiSalle. Motion carried 7-0 and the meeting was properly adjourned at 8:25 P. M. nne M~ Kruse, Recording Secretary (One Tape) --~-- AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: TIME -. PLACE: April 24th, 1979 7:30 P.M. Council Chambers City Hall 1. Acknowledgement of Members and Visitors. 2. Reading and Approving of Minutes. 3. Announcements. 4. Communications. 5. Old Business: 6._~-New~-.BusJlness:~:_ A. Public Hearing: ABANDONMENT REQUEST Bm Applicant: ROC Development, Inc. (THE FAIRWAYS) Location: Tract B of Charter World Legal Description: ~ See Survey Request: Easement, utility, ingress and egress abandonments Discussion: Screening' of open storage NOTICE NOTICE IS HEREBY GIVEN that the Planning g Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:30 P. M. Tuesday~ April 2~, 1979, at the City Hall, Boynton Beach, to consider the following application with respect to the described properties located within the limits of said City, Palm Beach County, pursuant to the request of the parties in interest: ABANDONMENT of a.portion of the ingress, egress and utility easemen~ as recorded in ORB 2577, pages 315-324 within Charter World Tract B. Said abandonment described as follows: Commencing at the northwest corner of said Charter World, Tract B, as recorded in Plat Book 31, Page 21, in the Public Records of Palm Beach County, Florida; thence run southerly, along the west line of said Tract B, 50.19 feet; thence run easterly at right angles to the last described course, 213.00 feet. to the first point of beginning; thence continue along the last described course 12.00 feet; thence run southerly at right angle to the last des- eribed course, 43.73~ feet; thence run westerly at right angle to the last described course, 12.00 feet; thence run northerly at right angle to the last described course 43.73 feet to the first point of beginning; thence run easterly at right angle, 12.00 feet, thence run southerly at right angle, 137.48 to the second point of beginning; thence continue along the last described course, 316.00 feet; thence run westerly at right angle, 128.00 feet; thence run northerly 'at right angle 17.75 feet thence run easterly at right angle t11.00 feet; thence run northerly at right angle, 298.25 feet; thence run easterly at right angle, 17..00 feet to the second point of beginning; thence continue along the last described course, 67.00 feet; thence run southerly at right angle, 301.00 feet to the third point of beginning; thence run easterly at right angle, 134.00 feet; thence run southerly at right angle, 15.00 feet~ thence run westerly at right angle, 134.00 feet; thence run northerly at right angle, 15.00 feet to the third point of beginning. Applicant: ROC DeveIopment, Inc. ALSO A PUBLIC HEARING will be held by the City Council of the City of Boynton Beach, on the above matter, on May t, 1979, at 8:00 P. M. Any person having any objection to the above, and all persons interested therein, shall present said objections at the above stated meetings. TEREESA PADGETT, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA ~dBLISH: PALM BEACH POST-TIMES April 7 and 14, 1979 6-29-78 APPLICATION TO ABANDON/VACATE The'undersigned, pursuant'to Ordinance No. 76-27'of the City of Boynton Beach, Florida, hereby applies to the City Council to vacate, abandon, and discontinue the, (check one): ( ) ALLEY ( ) STREET (X) SPECIAL PURPOSE EASEMENT ( ) OTHER NONFEE INTEREST OF THE CiTY as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any land in connection therewith. Said application is to be filed with the City Clerk in triplicate and applications involving more than one of the above listed nonfee interests shall be filed separately. Each application so filed shall be complete in every respect. The undersigned hereby certify: i. ' Thatla complete, and accurate legal description with the..specific _ ~property.-?interest-sought.~to be vacated¥or-abandoned,~-~includingwhere~_~ possible a platmap'or drawing-"~showing~the~genera~-area and-~.~lOcationL involved, is set forth in Exhibit "A" attached hereto. 2. That the title or interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, (check one): ( .) DEED ( ~ ) DEDICATION ( ) PRESCRIPTION Recorded in . O F~-~ ~/~ d. ~.DK~ Book Z577 Public Records of Palm Beach CountY, Florida. I! NOTICE NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF' BOYNTON BEACH, FLOR/DA, shall meet at 7:50 P. M. Tuesday~ April 24, 1979, at the City Hall, Boynton Beach~ to consider the following application with~respect to the described properties located within the limits of said City~ Palm Beach County, pursuant to the request of the parties in interest: ABANDONMENT of a.portion of the ingress, egress and utility easemen~ as recorded in ORB 2577, pages 515-524 within Charter World Tract B. Said abandonment described as follows: Commencing at the northwest corner of said ChaPter World, Tract B, as r~eorded in Plat Book Page 21, in the Public Records of Palm Beach County, Florida; thence Pun southerly, alon! the west line of said Tract B, 50.19 feet; thence run easterly at right angles to the last described course, 215.00 feet- to the first point of beginning; thence.continue along the last described course 12.00 feet; thence run southerly at right angle to the last des- cribed course, 45.75 feet; thence Pun westerly at right angle to the last described course~ 12.00.feet; thence Pun northerly at right angle to the last described eourse 45.75-feet to the first point of beginning; thence run easterly at right angle, 12.00 feet, thence run southerly at right angle, 157.48 to the second point of beginning; thence continue along the last described course, 516.00 feet; thence ran westerly at right angle, 128.00 feet; thence run northerly at right angle 17.75 feet thence run easterly at right angle 111.00 feet; thence run northerly at right angle, 298.25 feet; thence run easterly at right angle,-17.00 feet to the-second point of beginning; thence continue along the last described course, 67.00 f~et;' thence ~un southerly.at right angle,' 501.00 feet to thethiPd point of. beginning;~thence run easterly~at right angl~t54.00~ feet; thence run southerty-~t right~angte, 15.00 ~feet~.~thence run westerly at right angle, 154.00 feet; thence run northerly at right angle, 15.00 feet to the third point of beginning. Applicant: ROC Development, Inc. ALSO A PUBLIC HEARING will be held by the .City Council of the City of Boynton Beach, on the above matter, on May 1, 1979, at 8:00 P. M. Any person having any objection to the above, and all persons interested therein, shall present said objections at the above stated meetings. TEREESA PADGETT,--CITY 'CLERK CITY OF BOYNTON BEACH, FLORIDA PUBLISH: PALM BEACH POST-TIMES April 7 and 14, 1979 .! ~ 12' UTILITY EASEMENT : 12' UTILITY EASEMENT · . I'll. 25' ~'~1.25' ,A 6ANDON,rvl£/~T 506.0i .... 194.2§' 42.0' _~ 200.25' PUBLIC TI L COMPANY P. O. Drawer''O' West Palm Beach, Florida 33402 ' April 3, 1979 Mr. Thomas A. clark City Engineer City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 Dear ~ Mr. qlark: In reference to your letter of March 30, 1979, we wish to advise that Florida Public Utilities Company has no objection to abandonment of"the Special Purpose Easement located in Tract "B" of Charter World as recorded in Official Recprd Book~257_7.~_on--Fages.-:3t5 through..324--~f the Palm Beach-County-Public Records. At the present time, we have no underground gas distribution facil- ities located within the limits of the above described easement. Yours very truly, B. R. Becket Engineer _tact S /hart~r Wort~ - Ao~iicant . .P~ckel /SU~J~: : , 7.,. -' ~' Please review ~e' at~achea-an~ advise .if you have any' comen~s concern~g ~e s~ject request for TAC: ~b Attach. RETUR~ 10 - ~ DATE- ;-Sarch 3~ REPLY ! think it ~-;ould be beneficial if t=he engineer ~ou16 si:~w tfne --~ =' - an'~ uro~ose~ - --=---~ on llis sket~] of th~ eas~-a~nt. ~lease at, Vise i._= furrier information is re~_?uired. ? ' -;./, /' _. TE:. 4/9/79 SIGNED~ /_.&.." ' .~.7,-, Actin_] GR,~yA FIC CQ,~.INC,, BROOKLYN, N, Y, PERSON ADDRESSED RETURN THIS COPY TO SENDER MEMORANDUM Carmen Annunzia%o City Planner Bert Keehr Deput~ Building Official April 4th., 1979 Screening of open storage Carmen; I would appreciate an opportunity to discuss with the Planning and Zoning Board the pros and cons of screening open storage. This is due, primarily, to the reaction I received in attempting to enforce this matter for existing businesses. Most of their contentions are that things are being stolen consistently, and by screening, it would entice more of an attration for thievery. I might also add that the Police Department is in complete agreement with same, and Chief Huddleston assures me he will have a man at that meeting. Relevant to open storage, I personally would like to know what they would consider as storage? An illustration would be, new and used boats, cars, lumber yards, Bell telephone cable, fleet of trucks that are stored over- hight, sand and gravel, etc. If possible; perhaps-~t the same meeting, T might disCuss the definition~ of a truck terminal, and the parking of any truck over three quarter (3/4) ton in a commercial zone. Additionally, we have situatiOns where as a use is supposedly grandfathered, however, this use was not permitted under the old zoning. In general, I would like to discuss the above matters, and hoping something can be arranged at your earliest possible convenience. BK:fs xc: Central Files Bert Keeh~ Deputy Building Official 6. That the followi, ng grounds and reasons are submitted in support of this application: DATED: APPLICANT (S) /N-~'~E (P~EASE SIGN) -ADDRESS STATE OF FLORIDA ~." ., :.( COUNTY OF PALM BEACH .-' ~.,., The above named applicant(s) being first duly sworn by~ :'me.,'C the day and year above indicated, deposed and stated that he are/is the applicant(s) in the foregoing Application to Aban~onT'". Vacate; that they have read the same and that the facts therein '... .... set forth are true and correct to the best of their knowledge. - STATE OF FLORIDA COUNTY OF BRO}VARD CERTIFICATE BEFORB MB this day personally appeared PAUL ORLAN, as Secretary of ROC Development, Inc., a Florida corporation,-~ and certified before me that at a meeting of the stockholders and directors of ROC Development, Inc., which meeting was duly noticed and properly called November 28, 1978, a majority of the quorum of the stockholders elected Morris Rickel and Paul Orlan as directors and, thereafter, on the same date, the following slate of officers was unanimously appointed by the directors: MORRIS RICKEL PAUL ORLAN PRESIDENT VICE PRESIDENT/ SECRETARY/TREASURER From the' date set forth above-until this date, these officers~have been and still are duly appointed to act on behalf of R0C Development, Inc. ROC DEVEL(IPA!B~T, INC. By: ~. _ -.-- _ '"Pa6't~;Orl ar~; -Secr~'-tar~ - - S~qORN TO and SUBSCRIBED before me this March, 1979. 50th day of otary. Phblic ~ My Commission Expires: PUBLIC STATE Of FLC~IDA AT ~ CO/V..MISSIOtNI EXPI clL~S r-~EPI 12 1980 lHglJ GEI~ lt~ . UIqD~:~WRIIE~5 Made ~,,d e.,.c,tM t~e .~'~ day of November A. D. m7 8 by · and having its principal p~ace oi ROC DEVELOPMEKf, INC., a Florida corporation mhase posto/fice ad~ress': ~s 5601 N. 35rd Terrace, Hollywood, Florida hereina[ler ca[[eC~ the grantee: (~hrrever used here;n the le'rms "grantor" and'.'.'g, rantee" ;nclude all the parties to t3s;s instrument and the helm, legal represeolat;ves and anlgns o[ individuals, and the successors and ass[gm o[ corpora~;ons) itnessdh: Tha! t~e grantor. [or and in consfderation of t~e sum of $10,0.0. and ot~er' valuable considerations, receipt whereo[ is hereby ac]~nomledged, by these presents does grant, bargain, sell, alien, remise, re[ease, convey and confirm unto t~.e grantee, all that certain land situate in Pallll-Beach County. FJorida. viz: ...... '~' ' - See. legal description att.~ched hereto as Ex.habit "A." -"- TATE O A~I -o S oF FL F~I'D ,i '- O~ ~' ' DOCUMENTARY~S1~MP IA.~. ~00£[h£c with all t~e tenements, [tereditaments and appurtenances thereto ~e[ongln~ or in any- wise appertaining. ~fld t~ grantor ~ereSy covenants' ~it~ said grantee t~at it ~ ~w[ully seize~ simple; that it has g~d d~ht and law[ul authority to sell and convey said ~ng; i~at it ~ereby rants t~e tit[e to said h~d ~d ~iII dg~d t~ ~m~ ~a~t t~ ~f~l c~i~ of ~ll p~o~ w~o~oever; that said land is free o[ ail encumbrances (CORPORATE SEAL) h itn ss htrt0f ,,e gra.,o h= ca, ed , ese p..e.,s ,o g~ executed in its name, and its co~orale seal to be h~r~uni~ uffixed. ~y its proper o[[~ers .t~ereunto duly aul~odzed, Ihe ~ay anJ ye~ ]i~t a~ue millem Florida STATE OF cOUNTY o~ Broward . %; ~/~,;--;-,~ .: .. · . ":lit f/:::p.~.;%- the President ..a M. Kugler .e.~,.l~ ~nown ~o ff under authorhy duly ~sted in them by nld cornet;on and ~t the ~ affix~ I~to b ~e ~ co~te 800 Ec=t Brow~d Boulev~d ~ACH ~EC i U U I PAGE TO SHAT certain Warranty Deed from BOYNTON NORTH LAND COMPANY, Grantor, to ROC DEVELOPMENT, INC., a Florida corporation, Grantee, dated November 30, 1978. The following lands lying, being and situate :tn Palm Beach County, Florida, to-wit: CONDOMINIUM PARCEL B: Tract "B" of CHARTER WORLD, according to the Plat thereof, as recorded in Plat Book 31, at Page 21, Public Records of Pa]J~ Beach County, Florida; LESS, however, all that portion of said Tract' "B" of CHARTER WORLD lying within the following described parcel, to-wit: Commencing at the southeast corner of Tract "A" of CHARTER WORLD, Plat Book 31, Page 21, Public Records of Palm Beach County, Florida, thence run North lqt3'13" West, 330~17 feet along the east line of said-Tract "A",-to the-Point of-B~ginning; _ thence continue a!ong-thR-last described- .course 1.50 feet to a point; thence run South 88°46'47'' West 50.00 feet to a point; thence run North l°13'13" West 100.00 feet to a point; thence run North 88°46'47" East 100.00 feet to a point; thence run South 1"13'13" East 101.50 feet to a point; thence run South 88°46'47" West 50.00 feet to the Point of Beginning. CONDOMINIUM PARCEL C: Tract "C" of CHARTER WORLD, according to the Pla~ %hereof, as recorded in Plat Book 31, at Page 21, Public Records of Palm Beach County, Florida. CONDOMINIUM PARCEL D: Tract "D" of CHARTER WORLD, accordi'ng to the Plat thereof,-as recorded in Plat Book 31, at Page 21, Public Records of Palm Beach County, Florida. SUBJECT TO: (1) (2) Restrictions, covenants and easements of record; Zoning ordinances and other regulations affecting the use of the Property;. (3) Taxes for the year 1978 and subsequent years; (4) Easement Deed dated May 17, 1974, in favor of the City of Boynton Beach, filed May 22, 1974, In O.R. Book 2308, at Page 162, of the Public Records of Palm Beach, County, Florida .. I EACH RE' 2 § § 1 PAGE (5) (6) (7) (8) (9) Restrictions, reservations and cove- nants as contained in instrument recorded in O.R. Book 2210, at Page 573, of the Public Records of Palm Beach County, Florida.. Easement in favor of Florida Power and .Light Company, as per instrument record- ed in O.R. Book 2407, at Page 1288, of the Public Records of Palm Beach County, Florida. Restrictions, reservations, easements ~ as contained and shown on Plat of Charter World, accordin9 to the Plat thereof as recorded in Plat Book 31, Page 21, and as modified in Official Records Book 2557, Page 1306, Public Records of Palm Beach County, Florida. Restrictions, reservations, Covenants contained in deed recorded in Officia1 Records Book 2510, Page 1640, Public Records of Palm Beach County, Florida. Easements as reserved in that certain instrument recorded in Official Records Book 2557, at Page_1304, of the Public - Records~of Palm Beach--Country, Florida.- That certain Mortgage from Boy,ton North Land. Company to Guardian Mortgage Investors recorded in O.R. Book 2904, Page 1062 of the public records of Palm Beach County, Florida. OFF MEMORANDUM Planning and Zoning Board Members Bert Keehr Deputy Building Official F~I'LK April 24th, 1979 Screening of Open Storage Gentlemen: Open storage is listed under certain other industrial uses in MI zoning. I feel~-thi's board is in favor of having it screened from view, however, I wo~ld appreciate your assistance in strength- ening my position in enforcement. If we wish to maintain-screening, then I believe it should be specified as to height, what type screening, such as, solid wood, block, etc. Should all four (4) Sides be screened, in the event it abuts other storage on one side or another? Additionally, what constitutes, and what should be included as being open storage? For example, cars, boats, trucks, lumber, steel, contractors materials, etc. The grandfathered situation must also be addressed, with regard to perhaps a time limit set for compliance. In addition, the possibility of temporary screening, with permanent screening added at a later date. o There exists~the problem of enforcement, due to the grandfathered situation. Open storage is permitted in C-4 zoning at the present time. has a conditional use of lumber yards. Perhaps it should be addressed for open storage? C-3 BK:fs Bert Keehr Deputy Building Official