STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BROWARD COUNTY, FLORIDA, )

)

and )

)

SEABOARD COASTLINE RAILROAD, ) DOCKET NO. 75-2070

) (S.W. 10th Street)

and )

) DOCKET NO. 76-003 STATE OF FLORIDA DEPARTMENT OF ) (N.W. 48th Street) TRANSPORTATION. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held public hearings in the above styled cause on April 19 and 20, 1976, at Ft. Lauderdale, Florida.

APPEARANCES

John Ruff, Esquire, Office General Counsel, Room 248, Broward County Courthouse, 201 S. E. 6th Street, Ft. Lauderdale, Florida 33301, representing Broward County.

Jay Hendrickson, Esquire and Robert Scanlon, Esquire Staff Attorneys, Department of Transportation, Talla-

hassee, Florida, representing Department of Transportation.

Eugene R. Buzard, Esquire, Assistant General Attorney, Seaboard Coastline Railroad, 500 Water Street, Jackson- ville, Florida, representing the Seaboard Coastline Railroad Company.

James Kincaid, Esquire, 2000 E. Oakland Park Blvd., Ft. Lauderdale, Florida, representing the City of Deerfield Beach.

RECOMMENDED ORDER

By applications filed June 11, 1975 (Exhibits 10 and 11), Broward County and the Department of Transportation (DOT) seek authorization to open grade crossings at N. W. 48th Street and the Seaboard Coastline Railroad (SCL) tracks in Broward County, and at the S. W. 10th Street and SCL tracks in Deerfield Beach. Deerfield Beach's participation in the hearing was limited to the proposed S. W. 10th Street crossing.

Prior to the hearing SCL moved that these two hearings be consolidated and for a continuance. By order dated February 20, 1976 the Hearing Officer granted the Motion for Continuance and denied that part of the motion requesting consolidation, but reserved the right to consolidate these two cases for some, if not all, purposes during the course of the hearing. Although certain factual

situations are different with respect to these two applications, these are not such factors that militate against consolidation of the two cases. For all intents and purposes the cases were, in fact, consolidated at the hearing.

Accordingly only one Recommended Order will be submitted covering both applications.

Eight witnesses were called by the proponents of the applications, two witnesses were called by SCL, four public witnesses testified in support of the application, and twenty-two exhibits were admitted into evidence. Exhibit 17 was marked for identification, but was not admitted into evidence. Having considered all evidence adduced the following is submitted.

FINDINGS OF FACT

1. Transportation plans for Broward County made as long ago as 1965 provide for roads crossing the SCL tracks at N. W. 48th Street in Broward County and at S. W. 10th Street in Deerfield Beach.

   
   

2. Both of these routes are now planned as principal E-W arteries providing four lanes of traffic.

   
   

3. Rights of way for these routes both east and west of the SCL tracks have been acquired by the City of Deerfield Beach and by Broward County.

   
   

4. Approaches for both of these arteries over the recently completed I-95 running just east of the railroad tracks have also been completed.

   
   

5. Two crossings presently provide access from east of the tracks to the area here involved west of the tracks, one at SR 810 to the north and the other at Sample Road some 3 1/2 miles to the south.

   
   

6. S. W. 10th Street in Deerfield Beach is just under one mile south of SR 810 also in Deerfield Beach, and N. W. 48th Street is outside the incorporated area of Deerfield Beach one mile south of S. W. 10th Street.

   
   

7. The population of Deerfield Beach is approximately 31,000 and some 6,000 persons reside west of the SCL tracks. The largest development in Deerfield Beach west of the tracks is Century Village located south of and adjacent to SR 810. The only entry to and access from Century Village is via SR 810.

   
   

8. In the event the crossing at SR 810 is blocked emergency access to Century Village and other areas west of the SCL tracks is via Sample Road or via the next crossing to the north in Palm Beach County some five miles north of SR 810.

   
   

9. Fire protection for the unincorporated area of Broward County in the vicinity of N. W. 48th Street west of the SCL tracks is provided from the fire station approximately one mile east of the SCL tracks near SR 810 and US 1 in Deerfield Beach. To reach that area it is necessary to cross the tracks at SR 810, proceed west to Powerline Road, south to Sample Road, east to N. W. 9th Avenue, and north to the area. A similar route would have to be followed by other emergency vehicles either police or medical.

   
   

10. Substantial growth of the area immediately west of the SCL tracks between SR 810 and Sample Road has occurred and developments are currently

    underway to provide numerous homesites, principally trailer park facilities, in this area.

    
    

11. Sample Road has been widened to 6 lanes and is estimated to be 300 percent overcapacity if all land use plans predicated for the area are developed. Additional E-W arterial transportation routes are needed.

    
    

12. SCL presently has a passing track or siding at the proposed S. W. 10th Street crossing. This siding is 5700 feet long and can accommodate 96 cars. Three-fourths of this track lies north of S. W. 10th Street and approximately 71 cars could be accommodated, on the portion of the siding north of S. W. 10th Street.

    
    

13. This 5700 foot section of track is adjacent and parallel to the main track which presently carries 6 passenger and 6 freight trains per day plus approximately 2 switch trains per day. It is used to drop off cars for later pickup, for allowing north and southbound trains to pass, or for a passenger train to pass a freight train.

    
    

14. Exhibit 16 was stipulated into evidence to show typical activity at this 5700 foot Deerfield Beach siding. During the period February 22, 1976 to April 13, 1976 the largest number of cars held on this siding at any one time was 68. Similar sidings (generally with greater capacity) exist at various places alongside SCL tracks.

    
    

15. The cost of providing a grade separation crossing at the SCL tracks at either N. W. 48th Street or S. W. 10th Street is approximately one million dollars. While such a crossing would obviously be safer than a grade crossing, the cost to benefit ratio for the grade crossing over the grade separation crossing is 4.52 at 48th Street and more than 3 at S. W. 10th Street. The safety index for both of the proposed grade crossings with active safety warning devices is in the range of acceptability - each showing an accident probability of one every 11 years. Annual cost of the signals and warning devices to be installed on the grade crossing is some $21,000 a year while the cost of a grade separation structure is some $63,000 a year.

    
    

16. Providing grade separation at S. W. 10th Street would necessitate the approach on the east of the track starting at about the same place the approach on the west side of I-95 starts, thereby effectively blocking any N-S access to

    S. W. 10th Street between I-95 and the SCL tracks.

    
    

17. Although Exhibit 17 was not admitted into evidence one witness testified that the figures thereon, showing the cost of relocating the 5700 feet of siding at Deerfield Beach, were on the conservative side and would probably cost more. However, no evidence was presented that an at-grade crossing would render this siding useless for the purposes intended nor was any evidence offered to show that the value of this siding to SCL would be materially reduced by an at-grade crossing at S. W. 10th Street.

    
    

    CONCLUSIONS OF LAW

    
    

18. Section 338.21 F.S. addresses the subject of elimination of railway - highway crossing hazards and provides inter alia:

    
    

    "(3) The department shall have regulatory authority over all public railroad crossings in the state, including the authority to

    issue a permit for the opening and closing of such crossings."

    
    

19. Absent statutory authority to authorize the crossing of railroad tracks by highways, the County or State would have such authority by virtue of its police powers. City of DeFuniak Springs v. Louisville and N.R. Co. 87 So.

    47 (1921). These powers authorize the governing body to do whatever is necessary for the benefit and welfare of the citizens. In order to exercise such police powers it must be shown that the crossing is necessary and that it is in the interest of the public to authorize such crossing.

    
    

20. In the absence of statutory criteria to guide the department in determining the basis upon which to grant or deny the permit for a highway to cross the SCL railway tracks, the police power guidelines of public convenience and necessity appear appropriate.

    
    

21. Here the evidence was uncontradicted that the proposed grade crossings at N. W. 48th Street and S. W. 10th Street are required in the public interest. Likewise the evidence was uncontradicted that the proposed grade crossings, with appropriate warning devices, will result in a safe crossing. The additional safety that would accrue from grade separation crossings at these two streets is not justified from a cost standpoint. Furthermore the installation of a grade separation crossing at S. W. 10th Street and the SCL tracks would result in totally blocking the area north of 10th Street between the railroad tracks and

    I-95 from the area south of 10th Street.

    
    

22. From the foregoing it is concluded that the installation of grade crossings over the SCL track at N. W. 48th Street in Broward County and S. W. 10th Street in Deerfield Beach are required in the public interest. It is therefore,

Recommended that the application of Broward County and DOT to install grade crossings at N. W. 48th Street in Broward County and S. W. 10th Street in Deerfield Beach be granted.

DONE and ENTERED this 20th day of May, 1976, in Tallahassee, Florida.

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

(904) 488-9675

Docket for Case No: 75-002070

Orders for Case No: 75-002070