STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TALLAHASSEE HOUSING AUTHORITY ) and LEON COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1396

) SEABOARD COASTLINE RAILROAD ) and DEPARTMENT OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

The above styled case was heard in Room 103, Collins Building, Tallahassee, Florida, on September 6, 1977, at 2:05 P.M. before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner

Tallahassee Calvin Ogburn, Executive Director Housing Authority: Tallahassee Housing Authority

Leon County: Earl O. Black, Esquire

County Engineer's Office Leon County Courthouse Tallahassee, Florida 32304

For Respondent: Archie Taylor, General YardMaster Seaboard Coastline Seaboard Coastline Railroad Company Railroad: 918 Railroad Avenue

Tallahassee, Florida

DOT: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

ISSUE

Whether a permit should be granted by the Florida Department of Transportation for a public-at-grade crossing in the vicinity of Section 55000- 6607, State Road (Laurel Oak Drive) Leon County, Parcel 1 (XS0-H) SCL Railroad MP SPA-809.

FINDINGS OF FACT

1. A railroad grade crossing application was submitted by Henry G. Hanson, County Engineer, Leon County, Florida, for a public-at-grade rail highway opening by new roadway construction. The crossing location is in the unincorporated municipality of Woodville, Florida. The local popular name of the street is Laurel Oak Drive. The railroad company is Seaboard Coastline Railroad and the mile post distance and direction is 1,5534 ft. south of SPA- 809. The application stated that "Prior to construction the Board of County Commissioners will adopt the necessary resolutions for the maintenance of the crossing." The cost estimate as indicated on the application was $20,000.00.

   
   

2. The application arose as a result of a proposed low cost or rent subsidy type housing development which is proposed to be constructed in the Woodville area in southern Leon County, Florida. The proposed subdivision is to be called "Woodlands" an area which lies west of the street called Tallahassee Street. Between Tallahasse and the proposed subdivision runs the Seaboard Coastline railroad.

   
   

3. The subject land is presently owned by a group of people for whom Mr. John Butler is a representative. The proposed subdivision is a cooperative effort by the landowners represented by Mr. Butler, the Tallahassee Housing Authority represented by Mr. Calvin 0gburn and the Department of Community Affairs, State of Florida.

   
   

4. Leon County is involved inasmuch as the subdivision as proposed would be dedicated to Leon County, Florida, whereby Leon County would take over maintenance and ownership of the roadways including that portion of the roadway crossing the railroad. The application for the subject crossing was made by Leon County as the ultimate owner of the crossing. At the date of this hearing there is no subdivision but plans for a subdivision have been submitted. The plans are for a low cost housing which was described as houses that would cost between 20 and 23 thousand dollars ($20,000-$23,000) including the cost of the lot and would be approximately 900 to 1000 square feet. The proposal is for 53 lots each within an approximate 75 foot frontage.

   
   

5. The Department of Community Affairs administers the rural land fund which is a 2.5 million dollar fund to provide lost cost lots. This department lends money to local governments, housing authorities or small communities and rural areas to buy land and to cause it to be developed as in the subject cause. The position of the Department of Community Affairs is to approve or deny a loan to the Tallahassee Housing Authority. A plat of the proposed subdivision was submitted to the Department of Community Affairs as part of their application for $199,000.00 which would be used to buy the land and developed it. There is no access to the land on which the proposed subdivision would be built except at the proposed site for the subject crossing. The 75 foot lots would cost approximately $3,760.00 each.

   
   

6. There are two trains per day on unscheduled runs using the subject railroad tracks. The estimation is that there would be between 300 to 350 vehicles per day using the crossing. The speed of the train is approximately 25 miles per hour. The two lane rural road with 6 foot shoulders as proposed would cross the railroad track. The recommendations of the District Safety Engineer for the Third District employed by the Respondent, Florida Department of Transportation, is that a type 3 installation is required. The installation is roadside flashing lights with bells.

7. A representative of the railroad read the following statement from Mr. Tom Hutchinson, Vice President of Maintenance of Seaboard Coastline Railroad,

   
   

   "It will be the railroad's position in

   this application that there arc no objection to what is proposed with the provision that automatic warning devices are installed and maintained at the expense of the applicant and with further conditions that any changes or alterations or improvements of the cost will be borne by the applicant."

   
   

8. The Hearing Officer further finds:

   
   

   1. That if the proposed subdivision is in fact built and homes sold there would be a need for the proposed railroad crossing. That there would be a need for the proposed railroad crossing prior to the completion of the subdivision inasmuch as there would be a

      large amount of traffic during the construction of this subdivision.

   2. Leon County would maintain the crossing.

   3. The safety devices as recommended by the Florida Department of Transportation which is flashing lights and ringing bells is necessary for the safety of those traveling to and from the proposed subdivision. A simple cross buck would be inadequate for the safety of those living or working in the proposed subdivision.

      
      

      CONCLUSIONS OF LAW

      
      

9. Section 338.21(3), Florida Statutes, provides:

   
   

   "(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."

   
   

10. The Respondent, Florida Department of Transportation, has made a survey as to the need and safety of the proposed crossing and has found that there is a potential need and has recommended safety devices as shown in the foregoing Findings of Fact.

RECOMMENDATION

Grant the permit upon approval of the project.

DONE and ORDERED this 5th day of October, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings The Carlton Building

Room 530

Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennett, Esquire

Florida Department of Transportation Haydon Burns Building

Tallahassee, Florida 32304

Earl O. Black, Esquire County Engineer's Office Leon County Courthouse Tallahassee, Florida 32304

Henry G. Hanson, County Engineer Leon County Courthouse Tallahassee, Florida 32304

Mr. G. S. Burleson, Sr,, P.E. Assistant State Utility Engineer (RRs) Department of Transportation

Haydon Burns Building Tallahassee, Florida 32304

Eugene R. Buzard, Esquire Seaboard Coastline Railroad

500 Water Street Jacksonville, Florida 32202

Docket for Case No: 77-001396

Orders for Case No: 77-001396