STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANDY ANDREWS, )

)

Petitioner, )

)

vs. ) CASE NO. 80-730

) SEABOARD COASTLINE RAILROAD ) COMPANY and FLORIDA DEPARTMENT ) OF TRANSPORTATION, )

)

Respondent. )

)

FINDINGS OF FACT

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case at Trenton, Florida on July 8, 1980.

APPEARANCES

For Petitioner: James E. Sproull, Jr., Esquire

Post Office Box 1070 Gainesville, Florida 32602

For Respondent, John T. Alderson, Esquire SCL: SCL Railroad Company

500 Water Street Jacksonville, Florida 32202

For Respondent, Charles G. Gardner, Esquire DOT: Haydon Burns Building

Tallahassee, Florida 32301

Application for Railroad Grade Crossing submitted on behalf of Andy Andrews, Petitioner, on 15 January 1980 was disapproved by the Department of Transportation on 29 January 1980 and Petitioner requested a hearing. By this application Petitioner seeks a permit to open an at-grade crossing over the Seaboard Coastline Railroad tracks at Fanning Springs, Florida at Milepost AND- 809 to serve a residential area Petitioner desires to develop. The six witnesses called by Petitioner included a County Commissioner, the Mayor of Fanning Springs, Levy County Roads Superintendent, Chairman of the Planning and Zoning Board of Fanning Springs, and two engineers. The three witnesses called by Respondents included engineering and safety personnel. In addition, seven exhibits were admitted into evidence. The only factual issue in dispute involved the condition of the existing county road which runs alongside the railroad tracks to its intersection with U.S. 19.

FINDINGS OF FACT

1. Petitioner, or his family, has for many years owned the property which he desires to develop into homesites. This property fronts on Suwannee River and Petitioner contemplates the development will be completed in stages with the first 52 lots occupied in 1983.

   
   

2. The property to be developed is in the city limits of Fanning Springs and has access to Fanning Springs business section by means of a graded county road separating Petitioner's property from the SCL tracks. This county road dead-ends at U.S. 19, approximately one mile to the north of Petitioner's property and alongside the tracks which are there crossed by U.S. 19. The nearest crossing southward of the proposed crossing is also approximately one mile distant.

   
   

3. Because this county road provides access to U.S. 19 and the grade crossing at that point, the Department of Transportation concluded the proposed crossing was unnecessary and denied the application.

   
   

4. East of the SCL tracks in the vicinity of Petitioner's property U.S. 19 parallels the tracks some 1200 feet distant. Petitioner proposes to cross the tracks with a 24-foot wide paved road directly to U.S. 19 which would provide access to the proposed development. Petitioner has acquired the property for the construction of this road.

   
   

5. The graded county road which presently parallels the tracks to U.S 19 has a design width of 25-30 feet but erosion of the shoulders of this road has reduced its useful width so as to make it difficult for two cars to pass at some places. Some witnesses testified they traversed this road at 40 miles per hour while others averred the road to be unsafe at 30 miles per hour.

   
   

6. The county has no plans to upgrade this road and the County Road Superintendent testified the road was incapable of handling 600 to 650 vehicles par day, which is the anticipated usage when the first stage of the development is completed.

   
   

7. The grade crossing at U.S. 19 is a controlled crossing which is adequate to accommodate the additional traffic which will be generated by the development of Petitioner's property.

   
   

8. Just west of the grade crossing on U.S. 19 at Fanning Springs is a truck inspection station at which all trucks are required to stop. The congestion generated by this truck stop makes it more difficult and unsafe for vehicles to exit from the county road onto U.S. 19.

   
   

9. The installation of the proposed grade crossing is supported by the County Commissioners of Levy County and the City Commission of Fanning Springs. Currently there is only one railroad crossing within the city limits of Fanning Springs. The city agreed to assume the maintenance costs for this crossing if the application is approved. The applicant will pay for the installation of the necessary signalling devices.

   
   

10. Apart from the condition of the county road a considerable vehicular hazard is presented to cars exiting from the county road onto U.S. 19 alongside the railroad crossing. This hazard stems largely from the truck inspection station, the island for which extends on U.S. 19 to the junction with the county road. Respondent's safety engineer acknowledged that a greater safety hazard to

    these vehicles would exist if these 600 cars per day entered U.S. 19 from the county road than if these cars crossed the tracks at the proposed crossing.

    
    

11. At present, one northbound and one southbound train per day occupy the tracks at the proposed crossing. The train speed limit at this point is 30 miles per hour.

    
    

12. In addition to Petitioner's property, the Church of Christ owns 164 acres fronting on the county road between Petitioner's property and U.S. 19. Retreats are held on this property at which some 2,000 people participate. Although no church representative appeared to support this application, both county and city officials testified additional traffic over the county road would be generated by the church.

    
    

13. The proposed crossing has no specific design features which make it unsafe.

CONCLUSIONS OF LAW

1. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.

   
   

2. Rule 14-46(2)(a), Florida Administrative Code, provides the criteria for the opening of public grade crossings as follows:

   
   

   The foremost criteria in the opening of grade crossings is the necessity, convenience and safety of rail and vehicle traffic. Existing routes should be utilized where practical.

   Damage to the railroad company's operation and railroad safety consideration must be a factor in permitting a new grade crossing.

   
   

   Active grade crossing traffic control devices meeting the criteria set forth in Section

   14-46.03(3) are required at all new grade crossings.

   
   

3. Here the primary reason for denying the application was stated to be lack of necessity. This lack of necessity was predicated upon the availability of the crossing at U.S. 19, which is perfectly capable of accommodating the additional 600 to 650 vehicles per day anticipated when the Petitioner's property is developed. Petitioner based his need for the proposed crossing upon the inadequacy of the county road to accommodate the additional traffic anticipated. Implicit in the testimony of those witnesses who decried the adequacy of the county road was the traffic hazard encountered when exiting from the county road onto U.S. 19. While the testimony regarding the condition and adequacy of the county road was equivocal and disputed, there was no dispute that at the confluence of the county-road and U.S. 19 a bad traffic situation exists which creates hazards for vehicles exiting onto U.S. 19. This hazard would be lessened for cars exiting onto U.S. 19 from the road extending from the proposed crossing.

   
   

4. The proposed crossing would provide more convenient access to Petitioner's property and would provide a safer access for vehicles than is provided by the existing route along the county road. This convenience would extend to those residents of Fanning Springs living on the other side of the

   tracks from Petitioner's property. The mere fact that the 300-population city of Fanning Springs has agreed to assume the maintenance cost of this crossing lends credence to their testimony that the proposed crossing is necessary.

   
   

5. From the foregoing it is concluded that a need exists for the proposed grade crossing of the Seaboard Coastline railway tracks at Mile AND-809, Fanning Springs, Florida, and the application of Petitioner should be approved. It is therefore

RECOMMENDED that the application of Andy Andrews to open an at-grade crossing over the SCL tracks at Mile AND-809, Fanning Springs, Florida, be approved. It is further

RECOMMENDED that the Petitioner submit plans for signalling equipment he will install at this proposed crossing complying with the requirements of Rule 14-46.03(3), Florida Administrative Code.

Entered this 16th day of July, 1980.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

James E. Sproull Jr., Esquire Post Office Box 1070 Gainesville, Florida 32602

John T. Alderson, Esquire SCL Railroad Company

500 Water Street Jacksonville, Florida 32202

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

Docket for Case No: 80-000730

Orders for Case No: 80-000730