REVIEW COMMENTS
7.e.1
VILLAS AT QUANTUM LAKES
PHASE III (ABAN 03-003)
ABANDONMENT
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO PZ 03-133
TO
Chairman and Members
Community Redevelopment Agency Board
THRU
Michael W Rumpf
Planning and Zoning Director
FROM
Eric Lee Johnson, AICP
Planner
~tf
DATE.
June 16, 2003
SUBJECT
Abandonment of a 12-foot wide utility easement (ABAN 03-003)
NATURE OF REOUEST
The agent, Robert S. Fike of Olen Development Corporation is requesting to abandon a 12-foot wide utility
easement that currently runs in a north-south direction Six (6) feet of the 12-foot wide easement lay on Lot
66 and the other half lies on Lot 67-A. This request to abandon the utility easement was submitted on April 22,
2003 It is described as follows
A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6 00 feet of Lot 67-A, same also
being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUM PARK AT BOYNTON
BEACH, P I D , PLAT NO 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the
Public Records of Palm Beach County, Florida, containing 2,071 square feet.
The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be abandoned
The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a
detailed location of the alley to be abandoned and its legal description
The following is a description of the zoning districts and land uses of the properties that surround the subject
request.
North
Undeveloped Quantum Park Lots earmarked for commercial development known as Quantum
Park & Village South, designated with a Mixed-Use (MU) land use option, zoned PID, then
farther north is the right-of-way for Gateway Boulevard,
South
Developed Quantum Park Lots 101 & 62 known as Villas at Quantum Lakes with a Mixed-
Use (MU) land use option, zoned PID, the Sand Pine Preserve, and Quantum Park Lots
68-A & 68-B with an Office / Industrial (01) land use option, zoned PID,
East:
Right-of-way for High Ridge Road and farther east is vacant Quantum Park Lots 81 & 82 with
an Office / Industrial / Commercial land use option, zoned PID, and
West:
A portion of Quantum Park Lot 62 and all of Quantum Park Lot 101, earmarked for commercial
development known as Quantum Park & Village South with a Mixed-Use (MU) land use option,
zoned PID, then farther west is the right-of-way for Gateway Boulevard
Page 2
Memorandum No PZ 03-133
ABAN 03-003
BACKGROUND
In February of 2000, the Quantum Park DRI Master Plan Development Order #10 changed the land use option of
Quantum Park Lots 59 through 67-C to allow for "Mixed-Use" developments. The Mixed-Use (MU) land use
option allows office, commercial, and residential uses. The City Commission approved the site plan (NWSP 00-
016) known as Quantum Park Grotto Bay at Bermuda Place on December 19, 2000 This site plan would
become the first phase of a three (3)-phase apartment complex. The location of the subject easement did not
impact the changing of the land use options and the approval of the first phase of the apartment.
On November 6, 2001, the City Commission adopted Ordinance 01-054 approving Amendment #12 of the
Quantum Park DRI Master Plan Development Order Amendment #12 changed the Master Plan to eliminate a
portion of Quantum Lakes Drive, thereby creating new Quantum Park Lots 100 and 101 Both lots would have a
(MU) land use option On February 5, 2002, the City Commission approved a Major Site Plan Modification (MSPM
02-002) known as the Villas of Quantum Lakes. This major site plan modification included the abandonment of
Water Management Tract "P" and Tract "Q" of Quantum Park. This new area (2.91 acres) coupled with Grotto
Bay (15 16 acres) totals 18 07 acres. It also added 42 more apartment units for a total of 314 apartment units.
This major site plan modification (MSPM 02-002) would become the second phase of the three (3) -phase
apartment projects. This location of the subject utility did not impact the second phase of the apartment project.
However, on September 3, 2002, the City Commission approved a Subdivision Master Plan (SBMP 02-001) for
Quantum Park Lots 62 through 67-C (excluding a portion of 65B) and Lot 100 The Subdivision Master Plan,
known as Quantum Park & Village South included 132,032 square feet of commercial area and 234 apartment
units. The subject 12-foot wide utility easement currently runs in a north-south direction and traverses between
Quantum Park Lots 661 67-A to the south and Lots 641 65-B to the north Essentially, this easement runs from
Quantum Lane to Gateway Boulevard The subdivision master plan showed that the location of the 12-foot wide
utility easement would conflict with the future commercial buildings proposed on Quantum Park Lots 64 and 65-
B. Also, the easement location conflicts with the apartment project's recreation area proposed on Quantum Park
Lots 66 and 67-A to the south Therefore, project Condition of Approval #25 stated the following
"Submit abandonment request for the 12-foot utility easement between lots 64/66 and 65-A/67-A and
the 12-foot easement between lots 63 and 62. Abandonment and rededication of these easements must
be recorded prior to the issuance of a building permit for the project"
On November 12, 2002, the applicant (Quantum Lakes Villas II, Corporation) submitted a technical site plan
application (NWSP 02-022) for 234 apartment units. As allowed by the Land Development Regulations,
technical site plans do not have to be re-reviewed by the City Commission as long that they do not substantially
deviate from its parent subdivision master plan Technical site plans are reviewed by the Technical Review
Committee (TRC) only to ensure compliance with all applicable codes and regulations. This subdivision master
plan and its subordinate technical site plan would become the third phase of the three (3)-phase apartment
project.
A project condition of approval for the technical site plan required the same abandonment and rededication of
the subject utility easement consistent with Condition of Approval #25 (referenced above) of the subdivision
master plan The applicant submitted this request to abandon the 12-foot wide utility easement on April 22,
2003 This application to abandon the easement only applies to the portion of the easementthat lies in between
Quantum Park Lots 66 and 67-A. Therefore, this abandonment would only affect the Villas at Quantum Lake
Phase III Technical Site Plan (NWSP 02-022) According the Subdivision Master Plan (SBMP 02-001) and the
Technical Site Plan (NWSP 02-022), no building permits can be issued until the City Commission approves the
Page 3
Memorandum No PZ 03-133
ABAN 03-003
abandonment request. Abandonment requests are subject to legal notice requirements and are reviewed by the
Planning & Development Board before being reviewed by the City Commission as a public hearing item
ANALYSIS
As previously mentioned, the subject 12-foot utility easement runs in a north-south direction It commences at
Quantum Lane and runs north to Gateway Boulevard It contains an 8-inch water main For the purposes of this
request, the "affected area" of the entire utility easement will only be that portion of the easement (177 linear feet)
that traverses between Quantum Park Lots 66 and 67-A. However, the technical site plan proposes the apartment
complex's recreation area over this portion of the utility easement. This is a conflict. While this request is to
abandon the 177 feet of the subject easement, Exhibit "B" shows that the easement will be re-routed around the
recreation area Exhibit "B" shows that the easement will be re-routed to the northeast by 31 linear feet, instead of
going due north as it exists today
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of-
way to be abandoned, all utility companies have been notified and the request has been advertised in the
newspaper A summary of the responses from the utility companies and city staff is as follows
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection (see Exhibit "C")
Approval with conditions (see Exhibit "C'1
Approval with conditions (see Exhibit "C'1
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection (see Exhibit "C'1
No objection
No objection
Pending approval
N/A
RECOMMENDATION
The Engineering Division of Public Works endorses the simultaneous abandonment and dedication of the easement
to ensure that the water main line remains active prior to and during the transition of its relocation, and its
continuation into the Quantum Park & Village South (Commercial) development. Therefore, staff recommends that
this request to abandon the 12-foot wide utility easement as described above, be approved, subject to the
comments included in Exhibit "c" - Conditions of Approval Any additional conditions required by the Planning &
Development Board or the Commission will be placed in Exhibit "C" - Conditions of Approval
xC' Central File
S:\Plannlng\Shared\Wp\Projects\Villas at Quantum Lakes aka Grotto BaY\ABAN 03-003\Staff Report.doc
Location Map
VILLAS AT QUANTUM LAKES ABAN 03-003
EXHIBIT "A"
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EXHIBIT "B"
LAND DESCRIPTION
VILLAS AT QUANTUM LAKES, PHASE III
12 FOOT UTILITY EASEMENT TO BE ABANDONED
A portion of the East 6 00 feet of Lot 66 together with a portion of the West 6 00 feet of Lot 67 -A,
same also being a portion of the certain 1200 foot Utility Easement shown on the plat of
QUANTUM PARK AT BOYNTON BEACH, P 1.0, PLAT NO 9, according to the plat thereof as
recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Florida,
more fully described as follows.
BEGINNING at the northeast comer of said Lot 66,
THENCE South 88"13'32" East along the North line of said Lot 67-A, 600 feet;
THENCE South 01"46'28" West, 168 76 feet;
THENCE South 53"24'17" West, 1531 feet;
THENCE North 01"46'28" East, 17773 feet to the North line of said Lot 66,
THENCE South 83"37'53" East, along said North line, 6 01 feet to the POINT OF BEGINNING
Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2,071
square feet, more or less.
Land Description Prepared By'
SHAH, DROTOS & ASSOCIATES
1835 S Perimeter Road, Suite 190
Fort Lauderdale, Florida 33309
Prepared by' MDR
Checked by' MDR
Project No 02-0593A
March 19, 2003
SHEET 1 OF 2 SHEETS
POINT OF BEGINNING
J NORTHEAST CORNER
: LOT 65
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SKETCH C DESCRIPTION EXt 3fT "B"
12' UTILITY EASEt-.cNT TO BE VACATED
A PORTION OF LOTS 66 & 67-A
QUANTUM PARK AT BOYNTON BEACH. P I D.. PLAT NO 9
(PB 60 PGS 32-33. PBCR)
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1 lANDS SHOWN HEREDN WERE NOT ABSTRACrm BY SHNi, DRCTDS II
ASSOCIATES FOR RIGHTS-OF'-WAY, E'ASElIEHTS. OWNERSHIP OR otHER
INSIRUMENTS OF RECORD.
2. BE'ARlNGS SHOWN HEREON ARE RElATIVE TO TliE WEST RIGHT-oF-WAY
UNE OF HIGH RIDGE ROAD AND 1HE EAST UNE OF LOT IS7-B , QUAHTUW
PARI( AT BOYNTON BFACH. PJ.D., PlAT NO. 8 (PH eo, PGS 32-32"
PBCR). SAID UNE BEARS SOUTH 00"31',.r EAST.
3. UNLfSS IT BE'ARS TliE SlGNAlURE AND TliE ORIGINAL RAISED SE'Al OF
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INFORMAl1ONAI.. PURPOSES ONLY AND IS NOT VAUD.
4. TliIS IS NOT A BOUNDM't SUfWE.Y
PROJECT NO: 02-583\
ALE NAME: X: CAD SU JM)O
0583WJR.DWG
D. ROSE
PRO NAL SURVEYOR AND MAPPER
Fl.C~IDA REGISTRA1l0N NO. 3998
SHEET 2 OF 2 SHEETS
SKETCH Of OESCRIPTlON
RE.VlSIONS
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OWN DAlE
FB/PG
WDR
CHKD
Q. " A S~If I ENGINEERING
O. M"1 DROTOS SURVEYING
& Ass 0 C I It. T E S PUNNING
CERTIFICATE OF AUTHORIZATION NO. LB 6456
1835 S. Perimeter Road . SuIte 190. Fl. Lauderdale, fl. 33309
PH: 954-776-760<4 . FAX: 95<4-776-7608
EXH\B\T "B"
LAND DESCRIPTION
VILLAS AT QUANTUM LAKES, PHASE III
12 FOOT UTILITY EASEMENT TO BE DEDICATED
A portion of Lot 67 -A, same also being a portion of the certain 12 00 foot Utility Easement shown
on the plat of QUANTUM PARK AT BOYNTON BEACH, P 1.0 , PLAT NO 9, according to the plat
thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach
County, Florida, more fully described as follows
COMMENCING at the northeast comer of Lot 66,as shown on said plat of QUANTUM PARK AT
BOYNTON BEACH, P.1.0, PLAT NO 9,
THENCE South 88.13'32" East along the North line of said Lot 67 -A, 18 98 feet to the POINT OF
BEGINNING,
THENCE continue South 88.13'32" East, along said North line 12 00 feet;
THENCE South 01 46'28" West, 163 27 feet;
THENCE South 53.24'17" West, 31 86 feet;
THENCE North 01 46'28" East, 1531 feet;
THENCE North 53.24'17" East, 1656 feet;
THENCE North 01 46'28" East, 15747 feet to the POINT OF BEGINNING
Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2,215
square feet, more or less
Land Description Prepared By'
SHAH, OROTOS & ASSOCIATES
1835 S Perimeter Road, Suite 190
Fort Lauderdale, Florida 33309
Prepared by' MDR
Checked by' MDR
Project No 02-0593A
March 19,2003
SHEET 1 OF 2 SHEETS
SKETCH O. JESCRI PTI ON EXH......JT "B"
121 UTILITY EASEMENT TO BE DEDICATED
A PORTION OF LOT 67-A
QUANTUM PARK AT BOYNTON BEACH. P.I D.. PLAT NO 9
(PB 60 PGS 32-33. PBCR)
POINT OF
COMMENCEMENT
NORTHEAST CORNER
LOT 66 INT OF
if, ,BEGINNING NORTH UNE
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ASSOCIATES FOR RIGH1S-Of'-wAY. E'ASalEHTS. OWNERSHIP OR OTHER
INSTRUMENTS Of' RECORD..
2. BE'ARlNGS SHOWN HEREON ME. REl.AlNE 10 1HE WEST RIGHT-oF-wAY
LINE Of' HIGH RIDGE RON) AND lHE E'AST UHE Of' LDr 17-8 . QlWlIlJM
PARK AT BOYNTON BE"ACH" P.LD.. PlAT NO.. 8 (PH 110. PGS 32-32.
PBCR). SHD LINE EEARS souni 00'31'1r E'AST.
3. UNLESS rr EEARS TIiE SlGNAl\JRE AND lHE ORIGINAl.. RAISED SE:AL Of'
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4. nilS IS NOT A EIOUNDM't' SUIM.Y
PROJECT NO: 02-583\
ALE NAME: X: CAD
'1iidiJLJ fL-
WI D. ROSE
PROFESsiONAl.. SURYEmR AND MAPPER
Ft.ORIDA REGlSTRAllON NO. 3998
SHEET 2 Of' 2 SHEEtS
093WJ'R.DWG
SKETCH Of DESCRIPT10N
REVISIONS
YDR CQ/tll'D
OWN DATE FB/PG
YDR
CHICD
c.. llJl SHAH I ENGINEERING t-~. .:.'1 DROTOS SURVEYING
& ASSOCIATES PLNlNING
CERTIFICATE OF AUTHORIZATION NO. L8 6456
18J5 S. Per1meter Road . SuIte 190. ft. Lauderdale, Fl. 33309
PH: 954-776-7604 . FAX: 954-776-7608
EXHIBIT "C"
CondItIOns of Approval
PrOject name' Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South ResidentIal)
File number ABAN 03-003
Reference. Request to abandon a 12-foot wIde utilIty easement wIth a April 22, 2003 Planmng and Zomng
DiVIsIOn date stamp markmg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments. NONE
UTILITIES
Comments
1 ThIs DIvIsIOn approves the applIcatIOn to abandon this publIc utIlIty easement
WIth the provIso that thIS actIOn be concurrent wIth the relocated 12-foot utilIty
easement to be dedIcated.
FIRE
Comments. NONE
POLICE
Comments. NONE
ENGINEERING DIVISION
Comments. NONE
BUILDING DIVISION
Comments. NONE
PARKS AND RECREATION
Comments. NONE
FORESTERlENVIRONMENT ALIST
Comments. NONE
PLANNING AND ZONING
Comments.
2. The project must obtam approval from the cable company (eIther Comcast or
Ade1phIa, whIchever is applIcable).
PrOject name. Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South ResidentIal)
File number ABAN 03-003 Page 2
DEPARTMENTS
INCLUDE
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments.
3 To be deterrmned.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments
4 To be determmed.
MWR/elJ
s. \Planning\Shared\Wp\Projects\ Villas at Quantum Lakes aka Grotto Bay\ABAN 03-003\COA.doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO 03-113
FROM
Michael W Rumpf, DIrector
Planmng & Zonmg DIvIsIOn
H. DaVld Kelley, Jr., PElPSM 0'
CIty Engmeer
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TO
DATE
June 3, 2003
PU, f; i]
ION il~(1 L ~1
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SUBJECT Olen Development Corp. Abandonment Petition
12-Foot Utility Easement
VILLAS AT QUANTUM LAKES, PHASE III
Part of QUANTUM PARK AT BOYNTON BEACH, P.I.D.,
PLAT NO 9 _1st Review
ThIS memorandum IS m response to your mItIal memorandum dated Apnl 22, 2003 on the above noted
subject, and receIved on May 29,2003 The legal descnptIOn wIthm the applIcatIOn IS recapped as
follows
"A portIon of the East 6 feet of Lot 66, together WIth a portIOn of the West 6 feet of Lot
67-A, same also bemg a portIOn of the certam 12-foot UtIlIty Easement as shown on the
plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO 9, as record m
Plat Book 60, Pages 32 & 33 of the PublIc Records of Palm Beach County, Flonda."
ThIS easement crosses the proposed development south to north between Quantum Lane (on the south)
and the proposed Quantum Park & VIllage South (CommercIal) [NWSP 03-004] (on the north) The
eXIstmg water mam located wIthm WIll be relocated m a new utIlIty easement to be dedIcated
sImultaneously Therefore, thIS DIVISIon approves the applIcatIon to abandon thIS publIc utIlIty easement
WIth the proVISO that thIS actIOn be concurrent WIth the relocated 12-foot utIlIty easement to be dedIcated.
ThIS WIll msure that the water mam lme WIll remam actIve before and dunng the tranSItIon of ItS
relocatIon, and ItS contmuatIOn mto the Quantum Park & Village South (Commercial) development.
If you have any questIons regardmg thIS matter, please adVIse me at x6488
HDK/ck
xc Jeff LIvergood, PE, DIr ofP W
Launnda Logan, PE, Sr Engr
Peter Mazzella, Deputy UtIlIty DIrector
FIle
S:\Engineering\KribsWillas @ Quantum Lakes III, Abandonment Petition.doc