STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF ROCKLEDGE, FLORIDA, AND ) FLORIDA EAST COAST LINE RAILROAD, )

)

Petitioner, )

)

vs. ) CASE NO. 76-949

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, Hearing Officer, Division of administrative Hearings, at the City Council Chambers, 11 Orange Avenue, Rockledge, Florida, at 1:00 P.M., June 9, 1976.

APPEARANCES

For Petitioner: Walter C. Sheppard, Esquire

City Attorney, for Rockledge

115 Harrison Street Cocoa, Florida 32922

Charles B. Evans, Esquire Florida East Coast line Railroad One Malaga Street

St. Augustine, Florida 32084

For Respondent: Philip Bennett, Esquire

Office of Legal Operation Department of Transportation 605 Suwannee Street

Haydon Burns Building Tallahassee, Florida 32304

ISSUE

Whether a railroad crossing located at Florida East Coast Line Railroad Mile Post 175.49 should be closed.

FINDINGS OF FACT

1. The City of Rockledge, Florida is constructing a road in the incorporated limits of the city, known as Rovac Parkway. The road has not been completed, but when completed, it will consist of two ten foot driving lanes running east and two ten foot driving lanes running west with a twelve foot median strip and fourteen foot shoulders. This road is scheduled to intersect the Florida East Coast Line Railroad at Mile Post 175.57, and would cross the railroad with the same given dimensions as described above. After crossing the railroad, the Rovac Parkway would intersect with U.S. 1, also known as State Road 5. There is pending with the State of Florida, Department of

   Transportation, an application far driveway permit from the Rovac Parkway into

   U.S.1 (State Road 5), and a copy of the application for permit is found in the City's Exhibit #4 entered into evidence in this hearing. The area for which the application for at-grade crossing pertains is zoned R-2. In the general area of the proposed crossing it is intended that a industrial plant be built by Rovac, Inc., a firm from Maitland, Florida.

   
   

2. The Florida East Coast Line Railroad which runs through the City of Rockledge is a single track line which runs roughly north and south and 66 percent of the population of the City of Rockledge, is located west of the Florida East Coast Line Railroad, with the remaining 34 percent found east of the Florida East Coast Line Railroad. The population in the City of Rockledge at the time of the hearing was 11,467 people. If the subject railroad crossing was open and the Rovac Parkway completed, approximately 35 percent of the 66 percent of the population lying west of the Florida East Coast Line Railroad would be using the at-grade crossing. The nearest at-grade crossing with signalization is found 1/2 mile north of the proposed crossing at Barton Road, and the implementation of an at-grade crossing at the subject location would releave the traffic at Barton Road and promote safe crossing of the Florida East Coast Line Railroad found in the City of Rockledge.

   
   

3. Immediately north of the proposed at-grade cressing and identified as Nile Post 175.49 is an unprotected at-grade crossing. This crossing services a roofing company which services the public and also services a number of homes in the immediate vicinity of the existing crossing. If the new at-grade crossing at Mile Post 175.57 were permitted, the people who utilize the crossing at Mile Post 175.49 would be serviced by the new crossing. This service would be affected by an extension of an existing road known as Edwards Drive, from its present location to intersect with Rovac Parkway at right angles immediately west of the intersection of the proposed crossing with the Florida East Coast Line Railroad. The land that is necessary for the extension of Edwards Drive has been deeded to the City of Rockledge but has not been dedicated, A and public hearings have been held on the question of the service of those persons in the vicinity at the present at-grade crossing, in addition to public hearings on the extension of Edwards Drive. The location of the proposed crossing and the existing crossing at Mile Post 175.49, and their relationship to other landmarks in the area can be seen through the City's Exhibit #13, admitted into evidence.

   
   

4. At the time of hearing, eight north and south bound freight trains and two local freight trains operated in the vicinity of the present crossing at Mile Post 175.49 and the contemplated crossing at Mile Post 175.57. The time schedule for the northbound freight trains is 3:00 A.M., 4:00 A.M., 5:00 A.M., 9:00 A.M., 2:00 P.M., 3:00 P.M., 4:00 P.M. and 7:00 P.M. The time schedule for the south bound freight trains is 10:45 A.M., 3:45 P.M., 7:00 P.M., 8:00 P.M. 9:00 P.M., 10:45 P.M., 11:45 P.M. and 6:30 A.M. The two local freight trains run at approximately 4:00 A.M. and 12:00 noon. The speed limit in the area of the crossing at Mile Post 175.49 and the proposed crossing at Mile Post 175.57 is 60 WH for the railroad.

   
   

5. There is a left curve approximately 1,550 feet south of the proposed crossing.

   
   

6. All parties to the hearing feel that it is necessary to have signalization at the proposed at-grade crossing. The witness for the City acknowledged the need for such an arrangement. The spokesman for the Railroad felt that the crossing should be controlled by an automatic system with flashing

   lights, ringing bells, and gates, which was train activated, and the witness of the Department of Transportation felt that the safety equipment at the proposed at-grade crossing should be a Type IV, with cantilevered flashing lights, ringing bells and gates. The some witnesses stressed that the existing crossing at Mile Post 175.49 was not signalized and therefore was much more dangerous than a signalized crossing, such as the proposed crossing at Mile Post 175.57.

   
   

7. Exhibits which were offered in the course of the bearing which address the propriety of opening a crossing at Mile Post 175.57 and closing the crossing at Mile Post 175.49 were as follows: Exhibit #1, by the City, is a map of the City of Rockledge; Exhibit #2, by the City, is a comprehensive land use plan of the City; Exhibit #3, by the City, is a resolution of the City Council, City of Rockledge, proposing the opening of the crossing at Mile Post 175.57; Exhibit #6, by the City, a traffic count at the Barton crossing; Exhibit #11, by the City, a resolution of the Brevard Economic Development Commission concerning the impact of such a development; and Exhibit #12, by the City, a drawing of the extension of Edwards Drive and the construction of the Rovac Parkway, together with the present crossing and the proposed crossing.

   
   

   CONCLUSIONS OF LAW

   
   

8. Section 335.21, Florida Statutes provides in part that the Department of Transportation has regulatory authority over all public railroad crossings in this state. One of the purposes of this law is to reduce hazards inherent when highway traffic crosses railroad tracks. The crossing in question is unprotected by any signalization, and if it were closed in view of the opening of a signalized crossing at Florida East Coast Line Railroad Mile Post 175.57, the safety of motorists and railroad employees would be enhanced. In addition, access for the business and those persons living in the vicinity of the present railroad crossing would ha afforded. Therefore, it is concluded as a matter of law that it would be appropriate to close the crossing at Mile Post 175.49 in conjunction with the opening of a signalized crossing at Florida East Coast tine Railroad Mile Post 175.57.

RECOMMENDATION

It is recommended that the application for closing the Florida East Coast Line Railroad crossing at Mile Post 175.49 be granted, contingent upon the opening of a signalized railroad crossing at Florida East Coast Line Railroad Mile Post 175.57.

DONE and ENTERED this 2nd day of July, 1976, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Walter C. Sheppard, Esquire City Attorney, for Rockledge

115 Harrison Street Cocoa, Florida 32922

Charles B. Evans, Esquire Florida East Coast Line Railroad One Malaga Street

St. Augustine, Florida 32084

Philip Bennett, Esquire Office of Legal Operation Department of Transportation 605 Suwannee Street

Haydon Burns Building Tallahassee, Florida 32304

Docket for Case No: 76-000949

Orders for Case No: 76-000949