STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF NAPLES, FLORIDA )

)

Petitioner, )

)

vs. ) CASE NO. 75-1323

) SEABOARD COASTLINE RAILROAD, )

)

Respondent. )

)

RECOMMENDED ORDER

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 cause on August 25, 1975 at Naples, Florida.

APPEARANCES

For Petitioner: Philip Bennett, Esquire

Room 562, Haydon Burns Building 605 Suwanee Street

Tallahassee, Florida

For Respondent: Julian Clarkson, Esquire

Henderson, Franklin, Starnes & Bolt Post Office Box 280

Fort Myers, Florida 33902

1. By this petition the City of Naples, Florida seeks to install a railroad grade crossing in the vicinity of proposed Coastland Boulevard and 603 feet south of Seaboard Coastline Railroad Company mile post AX999 in Naples, Florida.

   
   

2. The city has acquired an 88' right-of-way from U.S. 41 eastward to the railroad tracks in the vicinity of Goodlette Road. The right-of-way runs immediately south of Naples High School and was donated principally for the purpose of providing ingress to and egress from the high school. The only other access to the school was from 22nd Avenue, which lies just to the north of the school complex. 22nd Avenue was described as being a two-lane road going through a residential section, and is inadequate for the existing traffic. 22nd Avenue dead-ends to the east at Goodlette Road. The right-of-way of Goodlette Road and the Seaboard Coastline Railroad abut.

   
   

3. A large shopping center complex is proposed on the south side of proposed Coastland Boulevard south of Naples high school. The planners indicate

   4 major department stores with cultural and civic activities on the 40 acre tract involved in the proposed Coastland Shopping Center. In addition to the traffic from the proposed Coastland Shopping Center, the east bound traffic from the high school will consist of approximately one half of the 1,000 students

   that are bused daily, plus one half of the approximately 160 automobiles that are driven to the school daily.

   
   

4. The city limits of Naples are coterminous with Goodlette Road to the cast. East of Goodlette Road any road construction is the responsibility of Collier County. Although the proposed plan for the crossing requested goes only to Goodlette Road and dead ends at that point, the testimony indicated that the county plans to extend this proposed read to join with SR 951A, which is located a few hundred feet to the north. This is the principal east-west passive signalized crossing due to the construction of a ramp on the north side of the project. The realignment of Greenwood Road requires the construction of a public at-grade railroad crossing at a location on the south side of the project. Orange County officials have approved the closing of the existing crossing and the opening of the proposed crossing. It is estimated that up to

   500 vehicles per day will use the new crossing including school buses. The proposed crossing is over a mainline of the Seaboard Coast Line Railroad. The railroad operates 18 trains per day at speeds up to 60 miles per hour at this location. Greenwood Road, as realigned, will be constructed as a two-lane graded road with a 35 mile per hour speed limit. Safety studies that have been conducted reveal that the installation and maintenance of Type 3 crossing signals which consist of train activated, side-mounted flashing lights, ringing bells and gates will afford maximum safety to both vehicular and train traffic. The petitioner, the railroad and the county have formally agreed to the installation and maintenance of such signals.

   
   

5. Permits to open and to close the subject at-grade railroad crossings, as applied for, should be granted.

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 338.21, Florida Statutes, 1973, provides in part, that the Department of Transportation has regulatory authority over all public railroad crossings in this state. The purpose of this law is to minimize the hazards inherently connected with vehicular traffic crossing railroads. The evidence in this case shows that the petitioner has a need for the permits in connection with the construction of a new east-west vehicular traffic facility. It further shows that an existing passive signalized crossing will be eliminated and that a newly constructed crossing with full signalization will be provided for maximum safety. With these facts the conclusion is inescapable that both the letter and the spirit of the above cited law will be met by the issuance of the permits as applied for.

RECOMMENDED ORDER

Permits as applied for by the petitioner are hereby granted conditioned upon the installation and maintenance of signalization consisting of train activated, side-mounted flashing lights, ringing bells and gates.

September 11, 1975

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Michael T. Callahan, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

George Waas, Esquire Office of Legal Operations

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Mr. T. B. Hutcheson Assistant Vice President

Seaboard Coast Line Railroad Company Engineering Department

Jacksonville, Florida 32202

Mr. E. M. Salley

State Utility Engineer Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Mr. G. S. Burleson, Sr. Assistant State Utility Engineer

Florida Department of Transportation Haydon Burns Building

Tallahassee, Florida 32304

Philip S. Bennett, Esquire Staff Attorney

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

E. R. Buzard, Esquire

Seaboard Coast Line Railroad Company

500 Water Street Jacksonville, Florida 32202

Docket for Case No: 75-001323

Orders for Case No: 75-001323