STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA EAST COAST RAILWAY )

COMPANY, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1528

)

CITY OF FLORIDA CITY, )

)

Respondent, )

and )

) DEPARTMENT OF TRANSPORTATION, )

)

Intervenor. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, WILLIAM B. THOMAS, held a formal hearing in this case on October 22, 1981, in Miami, Florida. The parties requested and were accorded 60 days after the filing of the transcript to submit proposed findings and conclusions. The transcript was filed on November 19, 1981, and the Petitioner's proposed findings and conclusions were timely filed on January 19, 1982, thus closing the record in this proceeding. By stipulation, the time constraint for issuance of this Recommended Order, as set forth in Section 28- 5.402, Florida Administrative Code, was waived.

APPEARANCES

For Petitioner: Charles B. Evans, Esquire

One Malaga Street

St. Augustine, Florida 32084

For Respondent: Joseph Tomassi, Esquire

137 North West 10th Street Homestead, Florida 33030

For Intervenor: Charles G. Gardner, Esquire

Haydon Burns Building Tallahassee, Florida 32301

This matter was referred to the Division of Administrative Hearings upon the application of the Petitioner to close the at-grade railroad crossing at

1. 14th Street within the city limits of Florida City, Florida. Initially, the application was opposed by the Department of Transportation, but at the hearing DOT requested that its status as a party be changed from a Respondent to Intervenor. This request was granted, and DOT presented no evidence. The application remains opposed by Florida City.

   The Petitioner presented three witnesses in support of its application.

   Four Exhibits were offered, three of which were received in evidence. The City presented one witness in opposition to the application.

   
   

   FINDINGS OF FACT

   
   

   1. The railroad crossing which is the subject of this proceeding is crossing number 272859-B, in the City of Florida City, Florida. Its location at

      N.W. 14th Street is approximately 700 feet north of an existing crossing located at Lucy Street, and roughly 1900 feet south of a present crossing located at Arthur Vining Davis Parkway. The Railway's rationale for closing the N.W. 14th Street crossing is that these other two nearby crossings offer practical alternate routes to the N.W. 14th Street crossing, and can provide public access and emergency services to the area. The City's opposition is based on its contention that closure of the N.W. 14th Street crossing would affect emergency access to the area.

      
      

   2. The principal justification for the closure of the N.W. 14th Street crossing is its proximity to the other crossings located at Arthur Vining Davis Parkway and Lucy Street, and the resulting improvement in safety for vehicular traffic and railroad equipment. Removal of the subject crossing would eliminate vehicular accidents on the tracks, and eliminate upkeep and maintenance expenses caused by frequent vandalism at the N.W 14th Street crossing location. In addition, closure would eliminate the need to sound the train whistle at the

      N.W. 14th Street crossing which is located near a residential housing area.

      
      

   3. The Railway receives an average of two calls per week to report incidents of vandalism in the area of the N.W. 14th street crossing. This number of calls is above average compared to other crossings in the area. Moreover, closure of the subject crossing would permit the relocation of the signal devices now in use there to one of forty-four other crossings in or near Florida City.

      
      

   4. The traffic count taken in the vicinity of N.W. 14th Street, which is a local service road providing access to a single neighborhood, showed that about 600 vehicles per day use the crossing. Traffic counts taken at Lucy Street, a through street which provides service beyond any specific residential area, resulted in approximately 5,000 to 6,000 vehicles per day. The Lucy Street and Arthur Vining Davis Parkway crossings have sufficient capability to handle all traffic diverted to them if the 14th Street crossing should be closed. The N.W. 14th Street crossing also allows outside traffic to enter the residential area, contrary to good urban planning. By removal of the crossing, such through traffic would be eliminated.

      
      

   5. The alternate crossings at Lucy Street and Arthur Vining Davis parkway provide reasonable alternate routes, and removal of the subject crossing will not unduly inhibit access by emergency vehicles into the affected area. Although 75 percent of the calls the Florida City police receive originate from Cuban village, a heavily populated area surrounding N.W. 14th Street, if the subject crossing were closed, Lucy Street and Arthur Vining Davis Parkway could be used to respond to emergency police calls in the Cuban Village. Therefore, alternate routes are available for emergency access to the affected area. In addition, from a pedestrian safety standpoint, there is sufficient space along Lucy Street to allow pedestrians to walk there without being affected by vehicular traffic.

      CONCLUSIONS OF LAW

      
      

   6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

      
      

   7. The authority of the Florida Department of Transportation is derived from Section 338.21, Florida Statutes, and Section 14-46.03(2)(b), Florida Administrative Code, which states:

      
      

      "(b) Closing Public Grade Crossings -- Any Public grade crossing not equipped with active grade crossing traffic control devices, with less than 1,000 vehicles per day and with an access road to an adjacent crossing is a candidate crossing for closing. A grade crossing should not be closed if by doing so would increase the traffic on adjacent crossing to capacity level or if such crossings are already at capacity. Also, that the closing of such crossings would not unduly inhibit movement of ambulances, police cars, fire fighting, equipment and emergency type vehicles. . ."

      
      

   8. The Railway has presented substantial, competent evidence to demonstrate that the subject railroad crossing meets the criteria established in Section 14-46.03(2)(b), Florida Administrative Code, relative to traffic amounting to less than 1,000 vehicles per day, available alternate routes permitting access to affected areas, adjacent crossings able to handle diverted traffic, and the closure of the subject crossing would not unduly inhibit the movement of emergency service vehicles. Consequently, the closure of the subject crossing is proper.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Florida East Coast Railway Company to

close the at-grade railroad crossing at N.W. 14th Street in Florida City,

Florida, be granted.

THIS RECOMMENDED ORDER entered on this 15 day of February, 1982, in Tallahassee, Florida.

WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 15 day of February, 1982.

COPIES FURNISHED:

Charles B. Evans, Esquire One Malaga Street

St. Augustine, Florida 32084

Thomas Tomassi, Esquire

137 N.W. 10th Street Homestead, Florida 33030

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

Docket for Case No: 81-001528

Orders for Case No: 81-001528