STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BROWARD COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 79-941T

) DEPARTMENT OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on August 2, 1979, in Fort Lauderdale, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose on a petition filed by Broward County for a formal hearing to consider whether certain roads located in Broward County should be designated urban principal arterial roads and transferred to the State Highway System, and whether other roads located in Broward County should be designated urban minor arterial roads and transferred to the State Highway System to the extent possible under existing statutory limitations.

By agreement of the parties the entry of the Recommended Order was to consider the petition in two phases. The first phase was limited to that portion of the petition addressing urban principal arterial roads in which an interim order would be entered permitting the parties to limit the scope of the second portion of the petition considering urban minor arterial roads. The entry of the Recommended Order in this cause was delayed by agreement of the parties to permit the parties to develop additional technical data and to permit the parties to confer on whether the controversy concerning the mileage limits on minor arterial roadways could be resolved. This data has been developed and accepted by the parties; however, the controversy still exists as to the applicability of the law to the facts.

This portion of the Recommended Order is limited to consideration of the issue of whether certain roads located in Broward County should be designated urban principal arterial roads and transferred to the State Highway System.

APPEARANCES

For Petitioner: John Franklin Wade, Esquire

Broward County Courthouse

210 South East Sixth Street Fort Lauderdale, Florida 33301

For Respondent: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Broward County presented testimony in support of its petition regarding each road proposed to be designated as an urban principal arterial road. The Department of Transportation presented evidence generally applicable to all of the roads proposed to be designated as urban principal arterial roads by Broward County. Basically, the Department of Transportation asserted that its decision was based upon studies of traffic patterns, traffic flows, and other technical data developed in Broward County, and that its decision was correct and should be sustained. In considering the Findings of Fact below, the criteria for designating urban principal arterial roads and urban minor arterial roads as stated in Section 334.062, Florida Statutes, should be kept in mind. The criteria to define urban principal and urban minor arterial roads are the same, and the differentiation of principal arterial roads from minor arterial roads is one of degree.

The Findings of Fact regarding the roads in question are separated into three groups: The three segments of A1A and connecting links, extension of roads planned but not constructed, and east/west roads in South Broward County.

FINDINGS OF FACT

1. Broward County requests that three segments of A1A be designated urban principal arterial roads: A1A from Miramar Parkway (or Hallandale Beach Boulevard) north to Sheridan Street, A1A from Seventeenth Street Causeway north to Oakland Park Boulevard, and A1A from Commercial Boulevard to Atlantic Boulevard. Petitioner also requests that the following streets connecting A1A to US 1 be designated urban principal arterial roads: Hallandale Boulevard, Pembroke Rode, Sheridan Street, Seventeenth Street, Sunrise Boulevard, Oakland Park Boulevard, Commercial Boulevard, and Atlantic Boulevard.

   
   

2. The roads listed above serve major centers of activity in an urban area and have high traffic volumes. The major centers of activity are such that they attract long-distance travelers. The three portions of A1A and their connecting links would be integrated with the urban principal arterial road network within Broward County.

   
   

3. Although the main portions of A1A and its connecting links are heavily traveled, the geographic location of A1A indicates that it is an alternative route of travel north and south. In Broward County, A1A is interrupted approximately one-third of the way through the County by Port Everglades, the eastern terminus of State Road 84. This interruption in the road's continuity, together with the type of activity located along the route, mitigate against its use as a major north/south route for persons desiring to go long distances, and it does not serve the longest trip purpose.

   
   

4. The segments of A1A and its connecting links named in the petition are already designated urban minor arterial roads.

   
   

5. Atlantic Boulevard from State Road 7 to University Drive and Broward Boulevard from University Drive to State Road 84 are not constructed. These two roads referenced in the petition are proposed links planned to be constructed in the future. The nature of the traffic on these proposed links is at this time conjectural.

   
   

6. The remaining roads presented in the petition are east/west roads located south of State Road 84 in Broward County. This portion of the County contains approximately 40 percent of the County's population and is rapidly growing. The contiguous cities of Miramar, Hollywood, Pembroke Park, Pembroke

   Pines, and Hallandale constitute the major population area in South Broward County. The following figures show the population broken down by major population centers in South Broward County:

   
   

   CITY POPULATION

   Hollywood 122,750

   Hallandale 36,400

   Miramar 30,400

   Pembroke Park 5,100

   Pembroke Pines 29,800

   TOTAL 224,450

   
   

7. Hollywood Boulevard is the only east/west road currently designated as an urban principal arterial road in South Broward County. The traffic corridor between Hollywood Boulevard and State Road 84, the next urban principal arterial road to the north, is approximately five miles wide and has an east/west traffic count of 93,200 cars per day. The traffic corridor between Hollywood Boulevard and the southern boundary of the County is approximately three miles wide and has an east/west traffic count of 65,300 cars per day. These two corridors in South Broward County are considered by the Department of Transportation's expert to be in the gray area between minor arterial and principal arterial roads (See Transcript, Page 543).

   
   

8. There are major centers of activity located in South Broward County on the eastern edge of the County which attract vehicular traffic from inside and outside Broward County. Considerable traffic is generated between residential communities in the western portion of the County and the business district located in the southwestern portion of the County.

   
   

9. Reference to Exhibit R-11, a map of the existing urban principal arterial road network, shows a disparity between east/west urban principal arterial roads north of State Road 84 and south of State Road 84. With 60 percent of the County's population, the northern portion of the County has eight east/west urban principal arterial roads, while the southern portion of the County which has 40 percent of the County's population has only one east/west urban principal arterial road. No clear differences exist between the types of activities located in the southern portion of Broward County and those located in the northern portion of the County. While Fort Lauderdale is the major business district in the County, the County's International Airport and Gulfstream Race Track are located in South Broward County. In addition, there are the normal business, commercial and industrial developments one would expect in a community of more than 200,000 people. Further, South Broward County has become a residential community for persons working in Dade County. The existence of such residential communities in southern Broward County generates long-distance trips north and south. The high traffic counts in the most southerly traffic corridor in Broward County indicate substantial traffic flow east and west to access the north/south urban principal arterial road.

   
   

10. In heavily built-up metropolitan areas, urban principal arterial roads should be located from five to one miles apart. The denser the population, the closer together the arterial roads should be. Currently, there are no urban principal arterial roads located between State Road 84 and Hollywood Boulevard, a distance of approximately five miles, and no urban principal arterial roads located between Hollywood Boulevard and the southern boundary of the County, a distance of approximately three miles. The traffic data in South Broward County meets the superlative levels necessary to designate a road an urban principal arterial road.

11. The most northerly proposed east/west route in southern Broward County is Griffin Road. Its proximity to the International Airport and its extension westward to State Road 25 (US 27) are positive factors in its consideration as an urban principal arterial route. Griffin Road is located at the very north of the traffic corridor which it would serve, almost four miles from Hollywood Boulevard and one mile south of State Road 84. Traffic in the vicinity of the International Airport will be changed by the modifications in the airport and the extension of State Road 84.

    
    

12. Sterling Road is the next most northerly proposed route in southern Broward County. Sterling Road is located almost exactly midway between State Road 84 and Hollywood Boulevard, the middle of the traffic corridor which it would serve. Sterling Road is not an improved facility from US 1 west to the Florida Turnpike, the portion passing through the area of highest population density and carrying the heaviest traffic load.

    
    

13. Sheridan Street is the next proposed route north of Hollywood Boulevard. It is located one and a quarter miles north of Hollywood Boulevard and is multi-laned from A1A to west of the Florida Turnpike; however, it does not connect with University Boulevard, although plans exist for its extension one mile to University Boulevard. There is substantial commercial build-up along Sheridan Street; however, means exist for limiting the effect of this type of build-up on traffic flow. Commercial build-up along an urban arterial road is a major problem which can only be resolved through close coordination by zoning and traffic planning authorities. If Sheridan Street were extended west to State Road 25, it would run between the communities of Pembroke Pines and Cooper City and not penetrate any communities.

    
    

14. Pembroke Road runs east/west from US 1 to University Boulevard. It is approximately midway between Hollywood Boulevard and the southern boundary of Broward County. This road runs on the northern borders of Hallandale and Miramar.

    
    

15. Hallandale Boulevard (or Miramar Parkway) runs east/west from US 1 to University Boulevard. Miramar Parkway carries slightly heavier traffic flow than Pembroke Road; however, it is the main business route through Pembroke Park and Hallandale.

    
    

    CONCLUSIONS OF LAW

    
    

16. The provisions of Section 334.03, Florida Statutes, define the terms used in the classification of the State's road network. The principal definitions applicable to the instant case are the definitions for urban principal and urban minor arterial roads. The criteria used to define urban principal arterial roads and urban minor arterial roads are the same. Urban principal arterial roads are differentiated from urban minor arterial roads by degree. Urban principal arterial roads serve the highest traffic volume corridors, the longest trip purposes, etc. Urban minor arterial roads serve the same function as urban principal arterial roads only to a lesser degree. The Petitioner has specifically requested a factual determination upon the classification of the roads designated in its petition.

    
    

17. This petition includes two roads which are planned but not yet constructed: Broward Boulevard between University Boulevard and State Road 84, and Atlantic Boulevard between State Road 7 and University Boulevard. While these planned additions to the road network of Broward County may warrant

    designation as urban principal arterial roads in the future, consideration of their designation at this time is premature. Chapter 334, Florida Statutes, anticipates classification of existing roads, not roads which are planned.

    Beyond this, there is no definitive data which can be assessed to determine whether the roads meet the criteria for designation as urban principal arterial roads.

    
    

18. The facts relating to A1A show that this route through Broward County is broken at the mouth of Port Everglades, the eastern terminus of State Road

1. A1A cannot be used for long-distance travel north and south. Three north/south urban principal arterial roads run through the heart of the service area: The Florida Turnpike, I-95, and US 1. Two of these, the Florida Turnpike and I-95, are limited-access facilities. Although A1A carries high traffic volumes and does service major activity areas, it does not carry the highest volume of traffic and does not serve the longest trip purpose of north/south vehicular traffic in Broward County. A1A and the connecting links involved in this petition are already designated urban minor arterial roads. This designation is consistent with their high use but not highest use as north/south routes. The lack of physical continuity prevents long-distance use of A1A through Broward County and prevents it from meeting the statutory criteria for maximum utilization. A1A and the connecting links in question are properly designated an urban minor arterial road.

   
   

   1. The remaining roads involved in Petitioner's request are located in South Broward County. Two major traffic corridors carrying high volumes of traffic east and west in South Broward County are not serviced by urban principal arterial roads. The existing traffic volume on all east/west roads in South Broward County is indicative of the need for additional urban principal arterial roads in this area. In the traffic corridor between Hollywood Boulevard and State Road 84 there are more than 93,000 east/west traffic movements per day. In the traffic corridor between Hollywood Boulevard and the County's southern boundary there are more than 65,000 east/west traffic movements per day. The Department's expert admits that conditions in these corridors are in the gray area between clearly principal arterial and clearly minor arterial designations. The east/west traffic conditions in South Broward County indicate a degree of use and conformity with the statutory criteria to establish a clear need for additional urban principal arterial roads, but not five such routes as proposed by Petitioner. The evidence sustains a need for one additional urban principal arterial route between Hollywood Boulevard and State Road 84 and another urban principal arterial route between Hollywood Boulevard and the County's southern boundary. The question of which of the proposed east/west routes should be designated as urban principal arterial roads is more complex.

      
      

   2. The most northerly of the proposed east/west routes in southern Broward County is Griffin Road. Its proximity to the International Airport and its extension westward to State Road 25 (US 27) are positive factors in its consideration as an urban principal arterial route. However, Griffin Road is at the very north of the traffic corridor which it would serve, almost four miles from Hollywood Boulevard and only one mile south of State Road 84. Further, the effect of changes in the International Airport and the extension of State Road

      84 mitigate against its consideration as an urban principal arterial route at this time.

      
      

   3. The next most northerly proposed route is Sterling Road. Sterling Road is located almost exactly midway between State Road 84 and Hollywood Boulevard, or right in the middle of this traffic corridor. From the standpoint

      of its location it would be ideal; however, it is not a multi-laned improved road from the Florida Turnpike east to US 1, the portion of its greatest traffic density and highest population density.

      
      

   4. The next most northerly proposed route is Sheridan Street, located approximately one and a quarter miles north of Hollywood Boulevard. Sheridan Street is multi-laned from A1A to west of the Florida Turnpike but does not currently connect with University Boulevard, although plans exist for its extension to University Boulevard. Although substantial build-up along Sheridan Street mitigates against its consideration as an urban principal arterial road, means exist for limiting the effect of this type of build-up on traffic flow which could be instituted. Further, such build-up exists or can develop on any major arterial road adjoining or passing through an urban area. Considering the various roads and the factors affecting them, Sheridan Street is the most desirable route for the urban principal arterial road in this traffic corridor due to its current condition, traffic utilization, and proximity to the service area. Upon its extension to University Boulevard it will provide service from US 1 to University Boulevard, fully integrating it into the existing principal arterial network. If extended further, Sheridan Street would run between the communities of Pembroke Pines and Cooper City and not through these communities. Location of the urban principal arterial route in the southern portion of this corridor will not interfere with the design and development of routes in the area of the International Airport, as they might be affected by the extension and improvement of State Road 84 and redevelopment of the airport complex. This route meets the statutory criteria of an urban principal arterial road and should be so designated.

      
      

   5. The traffic corridor between Hollywood Boulevard and the County's southern boundary has those factual elements necessary for the establishment of an urban principal arterial road within the corridor. This corridor contains, in addition to normally expected business, commercial and industrial development, major residential communities for persons working in Dade County. Gulfstream Race Track, a major attraction for persons outside as well as inside Broward County, is also located in this corridor. The traffic flow east and west in this corridor is more than 65,000 cars per day in an area one-half the width of the traffic corridor discussed immediately above. While the traffic flow data presented would substantiate the need for an additional urban principal arterial road, South Hollywood Boulevard, it does not support the establishment of two such routes. Two roads, Pembroke Road and Miramar Parkway/Hallandale Boulevard, were proposed by Broward County to be designated urban principal arterial roads within this corridor. Both proposed roads run east/west from US 1 to University Boulevard. Hallandale Boulevard carries slightly heavier traffic; however, it is the main business route through this area and passes directly through Hallandale to the east and Miramar to the west. Pembroke Pines Boulevard is located more centrally in the corridor and runs on the northern edge of these communities. For these reasons Pembroke Pines Boulevard is the more desirable road for designation as an urban principal arterial road in this corridor.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer makes the following recommendations:

1. Atlantic Boulevard from State Road 7 to University Drive and Broward Boulevard from University Drive to State Road 84 not be designated as urban principal arterial roads.

2. The proposed portions of A1A and its connecting links not be approved as urban principal arterial roads.

   
   

3. Designation of one urban principal arterial road in the traffic corridor between State Road 84 and Hollywood Boulevard, and designation of Sheridan Street as that urban principal arterial road.

   
   

4. Designation of one urban principal arterial road in the traffic corridor between Hollywood Boulevard and the southern boundary of Broward County, and designation of Pembroke Road as that urban principal arterial road.

As agreed to by the parties, these recommendations form a partial Recommended Order on the petition filed by Broward County. By further agreement of the parties this Recommended Order is not submitted for entry of a final order until presentation of the evidence concerning urban minor arterial roads which should be added to the State Highway System.

DONE and ORDERED this 22nd day of April, 1980, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

John Franklin Wade, Esquire Broward County Courthouse

210 South East Sixth Street Fort Lauderdale, Florida 33301

Docket for Case No: 79-000941

Orders for Case No: 79-000941