STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF ) TRANSPORTATION and SEABOARD ) COAST LINE RAILROAD COMPANY, )

)

Petitioners, )

)

vs. ) CASE NO. 79-2183

) 79-2184

TOWN OF DAVENPORT, FLORIDA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Sharyn L. Smith, Hearing Officer with the Division of Administrative Hearings, in the County Commission Room, City Hall, Haines City, Polk County, Florida, on February 6, 1980. The following appearances were entered:

APPEARANCES

For Petitioners: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32301

Ronae B. Keiser, Esquire

590 Water Street

Seaboard Coast Line Building Jacksonville, Florida 32202

For Respondent: Neal Young, Esquire

Post Office Box 1736 Haines City, Florida 33844

On March 26, 1979, the Department of Transportation (hereafter "Department") petitioned to close two public at-grade rail/highway crossings located at Seaboard Coast Line Railroad Company Milepost A-830.30, commonly known as Murphy Street, and at Seaboard Coast Line Railroad Company Milepost A- 825.4B, commonly known as Orange Street. The Seaboard Coast Line Railroad Company (hereafter "Railroad") subsequently joined in the request for closure pursuant to Section 338.21, Florida Statutes, and Rule 14-46.03(2)(b), Florida Administrative Code.

Following the close of the hearing, the Hearing Officer viewed the site. This viewing was done by automobile which approached each crossing from both sides and traveled along the alternate routes proposed by the Department and Railroad.

Proposed Recommended Orders have been submitted by the parties. Those findings not included in this Recommended Order were not considered relevant to the issues, were not supported by competent and substantial evidence or were considered immaterial to the results reached.

FINDINGS OF FACT

1. On March 26, 1979, the Department filed an application for the closing of two railroad grade crossings known as Orange Street at Milepost A-825.48 and Murphy Street at Milepost A-830.30. Both crossings are located within the corporate limits of Davenport, Florida.

   
   

2. The track which intersects the crossings services four passenger and ten freight-trains each day. The speed limit over the crossings is restricted by city ordinance to fifty miles per hour. Neither of the crossings is equipped with active grade crossing traffic control devices.

   
   

3. Prior to recommending the closing of a crossing, a Railroad Committee within the Department meets and reviews petitions for closure. The committees primary concern in deciding whether to close a crossing is public safety and a secondary concern is public necessity. Additionally, convenience of the local population Is considered.

   
   

4. The Orange Street crossing is utilized primarily by passenger cars and small trucks. In the twenty-four hour period in which traffic was counted, 696 vehicles used this crossing. The profile of the Orange Street crossing is very poor because the road is approximately seven feet higher than the railroad tracks, thus requiring a motorist to stop on a steep downhill grade when approaching the crossing. Cross-bucks are the only signalization at the crossing.

   
   

5. The Department has proposed two alternate routes, Magnolia and Bay Streets, for the traffic presently utilizing the Orange Street crossing. Magnolia Street has recently been renovated and is scheduled for installation of flashing lights and gates in October, 1980. Because of the renovation and installation of lights, Magnolia can accommodate the expected added traffic.

   Bay Street currently has flashing lights and can accommodate the anticipated added traffic since it had a traffic count of 547 vehicles in a twenty-four hour period. There would be no substantive difference in adverse travel time for a motorist using either Magnolia or Bay Streets as opposed to Orange. Both crossings are safer than Orange Street.

   
   

6. The Department does not propose to close sidewalks which cross the tracks at Orange Street and are utilized primarily by residents of a nearby retirement home.

   
   

7. In regard to the other crossing which the Department seeks to close, Murphy Street, two alternate crossings are suggested, Magnolia Street and Bargain Barn Road. During a twenty-four hour period in which traffic was counted, 256 vehicles used the Murphy Street crossing. This crossing is inherently dangerous for long trucks or tractor-trailer vehicles due to its abrupt vertical profile or "hump." The Murphy Street crossing ends in a "T" intersection and its closing would not hinder police or emergency services.

   
   

8. The Magnolia Street crossing can accommodate the increased traffic which will result from the closing of Murphy Street. This crossing is almost level and is approximately 1,600 feet from Murphy Street crossing. Bargain Barn

   Road or State Road 547, is another alternate crossing. This crossing is safer than Murphy Street in that lights and gates were installed in March, 1980. It is 1,200-1,300 feet or a quarter of a mile away from the proposed closed crossing and would not cause adverse travel for local motorists presently using Murphy Street. The current traffic count at Bargain Barn is approximately 732 cars per day which would increase to approximately 860 if Murphy Street were closed.

   
   

   CONCLUSIONS OF LAW

   
   

9. Rule 14-46.03(2)(b), Florida Administrative Code, which sets forth the criteria to be considered in deciding whether to close public rail/highway crossings provides in pertinent part:

   
   

   "(2)(b) Closing Public Grade Crossings-- Any Public Grade crossing not equipped with active grade crossing traffic control devices, with less than 1,000 vehicles per day and with an access road to an adjacent crossing is a candidate crossing for closing. A grade crossing should not be closed if by doing so would increase the traffic on adjacent crossing to capacity level or if such crossings are already at capacity. Also, that the closing of such crossing would not unduly inhibit movement of ambulances, police cars, fire fighting equipment and emergency type vehicles. Railroad tracks should be eliminated at a crossing when a single train movement has not been recorded in a 24-month period providing that where required, permission from Interstate Commerce Commission or the Florida Public Service Commission has been obtained."

   
   

10. The evidence submitted establishes that both Orange and Murphy Streets are eligible for closure pursuant to the above rule. The crossings are not necessary in that alternate crossings exist which are safer and accessible. The closings of these two crossings would not unduly inhibit the passage of emergency vehicles because of the close proximity of alternate crossings. Both crossings are physically hazardous, are utilized by less than 1,000 motorists a day and are not equipped with active grade crossing traffic control devices.

Therefore, it is recommended that the application of the Petitioners be approved to close two at-grade crossings located at Seaboard Coast Line Railroad Company Milepose A-825.48 and A-830.30, subject to the condition that pedestrian traffic over the crossing located at Milepost A-825.48 be permitted.

DONE and ENTERED this 29th day of September, 1980, in Tallahassee, Florida.

SHARYN L. SMITH, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Charles C. Gardner, Esquire Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32301

Ronae B. Keiser, Esquire

500 Water Street

Seaboard Coast Line Building Jacksonville, Florida 32202

Neal Young, Esquire Post Office Box 1736

Haines City, Florida 33844

Docket for Case No: 79-002183

Orders for Case No: 79-002183