STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

Petition of Department of ) Transportation for permits to ) open a public at-grade railroad ) crossing and to close a public )

at-grade railroad crossing in the ) CASE NO. 75-1325 vicinity of the proposed Maitland )

Boulevard overpass at its ) intersection with U.S. Highways )

17 and 92 in Orange County, ) Florida. )

)

RECOMMENDED ORDER

PURSUANT TO NOTICE, a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, in Winter Park, Florida on September 5, 1975.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

for Department of Transportation

Witnesses: W. G. Gray Kenneth Hood

For Respondent: No appearance

ISSUE

The granting or denial of permits to open and to close public at-grade railroad crossings as provided by Section 338.21, Florida Statutes, 1973.

FINDINGS OF FACT

1. The petitioner is in the process of constructing a major vehicular traffic facility linking U.S. Highways 17 and 92 with Interstate Highway 4. All administrative and legal prerequisites for the project have been accomplished and sanctioned by court order. The project, as designed, requires a realignment of Greenwood Road. It also requires the closing of an existing artery in this portion of Collier County and at present it dead-ends at Goodlette Road. The county's long-range road plans provide for expanding State Road 951A to the west to join U.S. 41, or to connect with a road in the city that would join U.S. 41. Pending the acquisition by the city of the right to cross the railroad track, the county has not obtained any rights-of-way that will be required to connect the proposed Coastland Boulevard with SR 951A from its intersection with Goodlette Road. In Exhibit 2 the connection of these two arteries is indicated in the yellow area on the map, which shows Coastland Boulevard crossing Goodlette Road, and extending in an inverted curve northward to join SR 951A.

   In the absence of the actual acquisition of the rights-of-way, however, the

   portion indicated on Exhibit 2 east of Goodlette Road is a general proposal rather than a specific indication of where the road will be placed.

   
   

2. The proposed rail grade crossing insofar as the city is concerned and without considering any further action by the county, would result in a road that would cross the railroad track and dead-end on a north-south artery road. Some 700 feet to the north is SR 951A, which presently dead-ends at the eastern right-of-way of Goodlette Road. Some 200 feet to the north of SR 951A and leading to the westward of Goodlette Road is 22nd Avenue North, which also dead- ends at Goodlette Road. Without further action by Collier County to extend the proposed Coastland Boulevard across Goodlette Road there would be three T- intersections on Goodlette Road within a span of less than 1,000 feet.

   
   

3. From the foregoing it is concluded that there is an urgent need for the proposed new boulevard and a grade crossing over the Seaboard Coastline Railroad tracks. It is further concluded, however, that to allow this crossing without extending the proposed Coastland Boulevard to the east of Goodlette Road would not be in the best interest of the safety of vehicular traffic in Use area concerned. It is therefore,

RECOMMENDED that the petition of City of Naples, Florida to install a railroad grade crossing in the vicinity of the proposed Coastland Boulevard and 603 feet south of Seaboard Coastline Railroad Company mile post AX999 in Naples, Florida be approved subject to Collier County taking official action to extend Coastland Boulevard eastward of Goodlette Road. It is further

RECOMMENDED that final approval of this grade crossing be withheld until such time as the City of Naples and Collier County submit to the Department evidence that the necessary rights-of-way have been acquired and money has been appropriated for the construction of that portion of Coastland Boulevard east of Goodlette Road.

DONE and ORDERED this 12th day of September, 1975 at Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Julian Clarkson, Esquire Philip Bennett, Esquire General Counsel's Office

Seaboard Coastline Railroad Company

500 Water Street Jacksonville, Florida 32202

Docket for Case No: 75-001325

Orders for Case No: 75-001325