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Here’s The Scoop … Pier Alleyway … To Open Again …In Lauderdale-By-The-Sea …

August 18, 2010 by Barbara

AS IT WAS INTENDED ….THE ALLEYWAY WILL BE ACCESSED FOR TRAFFIC ……

Dear Readers… many of you who are longtime Readers and involved in all things LBTS know it’s been a long haul for the Marchelos family and returning access to them to have cars exit their Pier parking lot through the alleyway that connects to it … It was closed temporarily for construction of the Oriana  which then became permanent for political payback … Anytime they said so…under the former administration CIC- Mc-Furth led majority they were given a load of bull of it being a public safety issue …To pile on to those claims the former Town Manager had a traffic study done…It came back flawed and was highly suspect in its claims due to faulty information used…The biggest was the claim it was a 15 foot alleyway…when in fact it was 32 feet and much larger than the other two alleyways that were allowed to remain open to traffic by the same administration and politicians!… Well, now the political foes are all gone…leaving Town limits or going underground from a massive loss at the polls last March and no traction on anything done thus far from the new majority on the dais and the new administration …and perhaps because of the unending number of less than steller discoveries found in the wake of their former gal-pal former Town Manager Colon et-al….

Below is an article written in Feb. 2009 after the alleyway was voted to be re-opened by the former Commission with certain conditions…It remained closed due to requirements made by the administration to the owners of the parking lot… We now know that too were  an extension of the same orchestrated political payback ..

According to the the letter received by the Town from Walter Keller who was involved with the original planning of the alleyway states “The alley improvements contemplated use of the alley by Oriana, the Pier parking lot and beach pedestrians.”…Hmmmm…. Imagine that ….

That letter and an excerpt from the hearing on the Oriana in 2007 are also below… We are told it is not necessary for this to back in front of the Commission as the Pier parking lot will follow the conditions of an attendant and a chain for its use as an access from the parking lot to El Mar Drive……and that the owners of the parking lot are taking care of supplying what minimal changes are needed to return the use to what was intended from the get-go!…

This is just one more thing to add to the list of why 65% of the voters got it right!…Congrats to the Marchelos family…the new Commission…the new administration ….

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Sentinel-

“NEWS
Pier owners scurry for answers
By FALLAN PATTERSON Staff Writer | February 19, 2009
After a majority vote to reopen an alleyway in Lauderdale-by-the-Sea, town officials are now asking two business owners for some changes before the reopening and are even discussing installing beach restrooms there instead. The parking lot directly in front of Anglins Pier in Lauderdale-by-the-Sea currently has one opening for vehicles to enter and exit off of Commercial Boulevard. On Jan. 28, the owners of the pier and parking lot, Spiros and Louis Marchelos, were given permission to have vehicles exit through a 34-foot alleyway, but only if the brothers replaced the current fence with a transparent one and had a parking lot attendant physically open and close a chain barrier before each car exits the lot. In addition, the town sent the Marchelos brothers a list containing certain criteria that must be followed before the alleyway can reopen.”

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From 1/23/07 Reg Comm. Mtg Pier Point Hearing… 14 NB pg. 23 and deals with alleyway on pg 36. see below…
36-
“The conditions placed on this project at the time of the approval in March, 2004 were the following: A dedication of 17’ in fee to the Town along the north property line that when combined with 15’ of right-of-way that existed would provide a 32’ public right-of-way.
Mayor Parker stated that they were to provide 17’ in fee and simple, and it could be used however the Town wanted. The site plan states it was to be an easement.
Ms. Delegal clarified that it was not an easement, but was a dedication in fee to the Town. The easement would be located on the beach walk at the rear, which was another condition of the site plan approval.
Mayor Parker further stated that in paragraph 5 of the site plan order, it states: “Prior to the issuance of the building permit, including demolition, the applicant shall provide documentation to this Town showing dedication to the public of a perpetual 17’ easement for roadway access drainage, etc.” He continued stating that it was not to be a roadway easement, but a fee simple grant.
Town Planner Keller explained that when the original approval was granted, there were setback issues in connection with that roadway. The development order was approved, and the Town came back retroactively and changed the requirements that it could be given in fee simple. As part of that fee simple adjustment, the Town changed the regulations such as the north right-of-way. The easement was part of the original development order because at that time that was what the Town’s regulations allowed. After the regulations were changed two to three months later, the fee simple was granted.
Mayor Parker reiterated that he wanted the site plan to correctly reflect that this was not to be a 17’ easement, but a fee simple.
Town Attorney Cherof remarked that it had already been recorded, and the draft document had been reviewed with the Mayor and revised before finalization.
Mayor Parker stated that Commissioner McIntee was requesting the definition of the term “fee simple.”
Town Attorney Cherof stated that fee simple, as distinguished from an easement, was absolute complete conveyance of all right, title and ownership that one party has in a property to another party. In this case it was from the developer to the Town. The difference was that in an easement, the property owner retains ownership and the Town obtains the right to use a portion of the property described as an easement.
Ms. Delegal confirmed that the developer had conveyed fee simple title to the 17’ and it had been recorded in the public records as a condition of the development order. Also, a release of any reversionary rights, a Quit-Claim Deed, was given for the 15’ alleyway. She stated that in connection with such approval, an easement was dedicated to the public. It was the intention that a beach walk be placed at the rear of the properties, and an 8’ easement was recorded which would be about 15’ from the seawall extending out 23’.”

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“August 12, 2010

Mr. Bud Bentley, Interim Assistant Town Manager
Town Hall
4501 Ocean Drive
Lauderdale-by-the-Sea, Florida 33308
Re: Pier – Oriana Alley Traffic Engineering Review
Dear Mr. Bentley:
A traffic engineering review has been preformed per the Town’s request relative to allowing
Pier parking lot exiting traffic to use the public alley to access northbound El Mar Drive.
Existing Conditions
The public alley was significantly reconstructed and expanded with the construction of the
Oriana development. Prior to Oriana, the alley was one lane with overhead utilities with a 15
foot right of way. The former Pier Point Hotel had 8 parking spaces which were directly
accessed by the alley. The Oriana Development Order required the dedication of a 17 foot
right of way, providing a 32 foot right of way for the alley. The developer also reconstructed
the alley area to provide a 22 foot two lane roadway with a 6 inch barrier curb and a 5 foot
sidewalk on the northern side of the roadway. East of the Oriana driveway, the alley was
reconstructed to provide a 12 foot wide beach access walk with landscaping on north and
south sides. The alley improvements contemplated use of the alley by Oriana, the Pier
parking lot and beach pedestrians.
At the present time, the alley use is restricted to pedestrians and closed to vehicular traffic.
The Oriana driveway is gated and locked. The Pier parking lot access is also chained and 3
flexible delineator posts are located at the alley’s connection to northbound El Mar Drive.
An on site inspection was performed on August 5, 2010 between 10:45 AM and 12:15 PM.
The Pier parking lot accommodates approximately 40 vehicles and a maximum of 17
vehicles were using the lot. Small groups of 2 – 6 pedestrians were using the alley to access
or leave the beach area. A city truck also accessed the alley from El Mar Drive to perform
routine check/maintenance of the beach access/shower.
Existing alley conditions are shown in Figure 1.
continued…
_____________________________________________________________________
Mr. Bud Bentley, Interim Assistant Town Manager
August 12, 2010
Page Two
Signage and Pavement Marking Needs
The reconstructed alley as a two lane road with 22 foot of pavement provides adequate
design and sufficient capacity to accommodate exiting vehicles from the Pier parking lot.
The five foot sidewalk on the north side of the alley and the 12 foot paver walk east of the
Oriana driveway are also adequate for pedestrian traffic.
Due to the pedestrian activity and the new vehicle exit from the Pier parking lot, signage and
pavement markings are recommended. One panel each of the existing Pier wood fence
should be removed to provide for sight distances. A stop bar with a stop sign with right turn
only sign and stop here for pedestrians sign should be installed on the parking lot exit. Note,
the pedestrian sign is installed on the left side of the exit in a new island. The island will
limit the driveway to exit only. A do not enter sign will be installed on the opposite side of
the pedestrian sign. Special emphasis crosswalk pavement markings should be installed from
the end of the concrete sidewalk and start of the 12 foot wide beach access paver walk. It is
also recommended a do not enter sign be installed at the connection to El Mar Drive and one
of the flexible delineator posts be relocated into the eastbound lane. The most northern
flexible delineator post should be removed.
Figure 2 depicts recommended signage and pavement markings.
Sincerely,
ES
Walter H. Keller, PE., AICP
President
FL PE No. 20703”

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more to come…

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