STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DADE COUNTY, FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1442

) MP 382 + 1529'

FLORIDA EAST COAST ) RAILWAY COMPANY, and FLORIDA ) DEPARTMENT OF TRANSPORTATION, )

)

Respondents. )

) FLORIDA EAST COAST RAILWAY )

COMPANY, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1605 1/

) MP 382 + 2425' DADE COUNTY, FLORIDA and FLORIDA )

DEPARTMENT OF TRANSPORTATION, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on October 10, 1978, in Miami, Florida. Following the close of the hearing, the parties were afforded leave to file briefs and other memoranda which have been received and considered by me in preparation of this Recommended Order.

APPEARANCES

For Metropolitan J. Elisabeth Middlebrooks, Esquire Dade County: Assistant County Attorney

Metropolitan Dade County 1626 Courthouse

Miami, Florida 33130

For Department of John Rimes, Esquire Transportation: Department of Transportation

Haydon Burns Building Tallahassee, Florida 32304

For Florida East John W. Humes, Jr., Esquire Coast Railway One Malaga Street

Company: St. Augustine, Florida 32084

FINDINGS OF FACT

1. At present, near the proposed crossing on S.W. 184th Street, there are three existing railroad crossings located in the "Fifth District" of the Florida East Coast Railway System which runs from Kendall Junction south to Florida City. The filing of Dade County's application to open a crossing at S.W. 184th Street prompted the Florida East Coast Railway (FEC) to file an application to close S.W. 186th Street. Specifically, there is presently a crossing on S.W. 186th Street, a crossing to the north, at milepost 381 (Hibiscus), and a crossing to the south at milepost 382 (S.W. 107th Avenue). If the proposed application for the opening of S.W. 184th Street is granted, the site will be located approximately 900 feet to the north of the S.W. 136th Street crossing. As such, if the crossing at S.W. 186th Street is retained, there would be three public crossings within a distance of approximately 3/5ths of a mile and four public crossings in a distance of approximately one mile.

   
   

2. Within the immediate area, FEC currently has tri-weekly service on a regular basis over the existing crossing sites with regular movement of hazardous materials and cargo on such trains. The cars are loaded, moving from north to south and empty, moving from south to north. Included among the commodities transported by FEC is jet fuel for Homestead Air Force Base. Additionally, train movement includes maintenance work trains, which are subject to daily movements, and extra trains when business dictates. The normal speed limit for trains in this area is 40 miles per hour, subject, of course, to slow orders for maintenance work.

   
   

3. U.S. 1 is immediately to the east and parallel to the FEC Railway System at all of the subject crossings. Homestead Avenue borders the railway system to the west between Hibiscus and S.W. 186th Street. The testimony presented and introduced indicates that U.S. 1 is a crowded highway very close to capacity, with no planned improvement north of the proposed crossing within the next five years. There are, however, plans to upgrade Homestead Avenue between S.W. 184th Street and S.W. 186th Street.

   
   

4. S.W. 186th Street is a two-lane road which runs primarily in an east/west direction from Krome Avenue to just east of U.S. 1, where it terminates in a residential area. The area between the Homestead extension of the Florida Turnpike and U.S. 1 consists mainly of warehouses with limited retail outlets and a branch of the U.S. Postal Service.

   
   

5. Access to the industrial area southward is along U.S. 1 with a southwesterly turn on S.W. 107th Avenue and from the west by use of either S.W. 186th Street or S.W. 184th Street. Entrance to this area from the north is gained by the use of the Florida Turnpike and from the south by use of S.W. 107th Street. Adjacent to S.W. 186th Street, between the Turnpike and U.S. 1, is an industrial area rapidly developing with warehouses and retail outlets. A main arterial which divides the industrial area in a north/south direction, is

   S.W. 107th Avenue, which crosses the FEC tracks to the south and then intersects with U.S. 1.

   
   

6. The average traffic count in 1977 on S.W. 186th Street was 12,600 vehicles daily. These figures resulted from a joint count taken by the County and the State. This count centered around S.W. 186th Street in the vicinity of Homestead Avenue and at the intersection of S.W. 186th Street and U.S. 1. It is estimated that with the opening of the S.W. 184th Street crossing, approximately 6,000 vehicles per day would be diverted to that area from S.W. 186th Street.

7. Opposition to the closing of the S.W. 186th Street crossing came from the business community situated in the industrial area and from the County. There were no opposing public witnesses such as surrounding homeowners or persons requesting east/west access at the hearing to voice opposition to the subject 186th Street application. While most of the opposition witnesses expressed an interest in keeping both the 186th Street and the proposed 184th Street crossings open, they all conceded that access is possible in the area and further, and that the inconvenience caused by closing the 186th Street crossing and opening the 184th Street crossing would result in an additional travel distance of no more than approximately one-half mile. It suffices to say that the opposition from the business community centers primarily upon the merchants and/or developers' desire to provide "direct" access into their respective locations. For example, witnesses from the U.S. Post Office located near the 186th Street crossing testified that if the 186th Street crossing is closed and the means of ingress and egress into the area be via 184th Street, an additional five minutes per route daily would be added to the carriers' route. Testimony introduced during the hearing indicates that the population trend is moving in a westerly direction and that the Post Office itself would use the Turnpike to serve all of their facilities in the west.

   
   

8. The County introduced approximately 24 exhibits in support of its application to open the 184th Street crossing. The various exhibits generally show the various classification of minor and major arterial streets in the area. The County's engineer, who expressed an in-depth knowledge of the area, testified that both crossings are highly desirable and necessary, although he admits that with the opening of the 184th Street crossing, ample access will be possible into the subject area.

   
   

9. In support of its position to close the 186th Street crossing if the 184th Street crossing application is granted, the Florida East Coast Railway offered the testimony of Joseph Rice, an independent consultant and a Registered Professional Engineer who was accepted as an expert witness during the hearing. Mr. Rice testified that it was not essential that both crossings remain open at the same time, inasmuch as it was possible to handle sufficient vehicular capacity at the 184th Street crossing. He emphasized that in view of the fact that S.W. 184th Street is considered a major arterial route and in view of the County's long-range plan of developing 184th Street as a major arterial in addition to the length of S.W. 184th Street, the logical place to place a crossing would be S.W. 184th Street.

   
   

10. Mr. Rice testified that under today's traffic count of approximately 13,000 vehicles per day, a four-lane divided facility would accommodate the traffic in either location and a six-lane facility would accommodate traffic even up to the County's year 2000 projection of approximately 24,000 to 26,000 vehicles on S.W. 184th Street and 7,000 vehicles on 186th Street. He added that with the addition of a four-lane road at S.W. 184th Street, a reduction in travel time and congestion in the area around 186th Street would result. Finally, he testified that the lessening of "conflict points" would enhance the safety of this area. In this regard, according to the testimony introduced by FEC, the subject district is one of the highest accident districts for FEC.

    
    

11. After due consideration of the above and in view of all of the reasons introduced by Mr. Rice to the effect that the proposed crossing at S.W. 184th Street is sufficient when properly constructed to handle ingress and egress in the area, a reduction of "conflict points" within a resultant increase in overall vehicular safety, the minimal inconvenience stemming from the closing of the S.W. 186th Street crossing, and the County's long-range and present plans to

    designate S.W. 184th Street as a major arterial route, dictates that the crossing be closed at S.W. 186th Street and that the new proposed crossing be opened at S.W. 184th Street.

    
    

    I shall so recommend.

    
    

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57, Florida Statutes.

    
    

13. The authority of the Florida Department of Transportation is derived from Chapter 338.21, Florida Statutes, and Chapter 14-46.03(2)(a), Florida Administrative Code.

    
    

14. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

15. Competent and substantial evidence was offered to warrant a recommendation that the application for the proposed closing at S.W. 184th Street be granted and is in keeping with the foremost criteria in the opening of grade crossings, i.e., necessity, convenience and safety of rail and vehicle traffic. Chapter 14-46.03(2)(a), Florida Administrative Code.

    
    

16. Insufficient evidence was offered to warrant a recommendation based on the available data on the population growth and traffic in the area, safety, convenience, and the area traffic patterns to recommend retention of the S.W. 186th Street crossing.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is hereby

RECOMMENDED:

1. That the proposed application to open an at-grade railroad crossing at

   S.W. 184th Street (Milepost 382 + 1529') be granted. Additionally, it is recommended that the crossing at 184th Street be equipped with cantilevered flashing lights, gates and bells to provide maximum safety to vehicular traffic.

   
   

2. In view of the foregoing recommendation, it is additionally recommended that once the at-grade crossing at S.W. 184th Street is completed, the at-grade crossing at S.W. 186th Street be closed.

RECOMMENDED this 5th day of December, 1978, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

ENDNOTE

1/ The cases were consolidated and combined for hearing due to the close proximity of the crossing sites and to avoid duplication of much of the evidence.

COPIES FURNISHED:

J. Elisabeth Middlebrooks, Esquire Assistant County Attorney Metropolitan Dade Building

1626 Courthouse

Miami, Florida 33130

John Rimes, Esquire Florida Department of

Transportation Haydon Burns Building

Tallahassee, Florida 32304

John W. Humes, Jr., Esquire One Malaga Street

St. Augustine, Florida 32084

Docket for Case No: 76-001442

Orders for Case No: 76-001442