STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 90-2089

)

1. W. "BUCK" MANN, JR., )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on June 8, 1990, at Bartow, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Vernon L. Whittier, Jr., Esquire

   605 Suwannee Street

   Tallahassee, Florida 32399-0458

   
   

   For Respondent: G. W. "Buck" Mann, Jr., pro se

   Box 348B Buck Mann Road Winter Haven, Florida 33884

   
   

   STATEMENT OF THE ISSUES

   
   

   Whether Respondent is in violation of the Driveway Permit issued to him October 11, 1984, in having more RV parking spaces than authorized by the permit.

   
   

   PRELIMINARY STATEMENT

   
   

   By letter dated February 23, 1990 the Department of Transportation (DOT), Petitioner, notified G. W. "Buck" Mann (Mann), Respondent, that it intended to revoke the highway connection permit issued to Mann in 1984. As grounds therefor, it is alleged that Mann is in violation of the permit by having 110 RV parking spaces, when the permit authorized only 98 parking spaces.

   
   

   At the hearing, Petitioner called two witnesses and presented six exhibits; Respondent called two witnesses and presented 15 exhibits. All exhibits were admitted into evidence. Proposed findings submitted by the Petitioner are accepted. Those not included herein were deemed unnecessary to the conclusions reached.

   FINDINGS OF FACT

   
   

   1. Respondent is the owner of the Peace Creek RV Park located on the east side of U. S. 27 in Polk County, Florida. He also owns the land immediately surrounding the RV Park.

      
      

   2. In 1984, Respondent was granted highway connection permit No. B-1698 to provide ingress and egress to the RV Park (Exhibit 1).

      
      

   3. Although Respondent initially applied for a highway connection permit for a 110 space RV Park, this was modified to 98 spaces and approved for 98 spaces.

      
      

   4. In 1984, the DOT regulations for highway connection permits required the applicant to provide a left-turn lane into RV parks having 100 or more spaces. For RV parks with less than 100 spaces, no left-turn lane was then required.

      
      

   5. Although Respondent contends he was unaware that the RV park was approved for only 98 spaces instead of the 110 provided, it is found as a fact that in 1984 Respondent was aware that the plans for parking spaces at the RV park were reduced from 110 to 98 to avoid the additional expense of providing for a left-turn lane, and at the present time he does not recall his acquiescence in that determination (Exhibits 1 and 12).

      
      

   6. This RV park is equipped for 110 spaces.

      
      

   7. Traffic along U. S. 27 has increased in the vicinity of the Peace Creek RV Park from an average rate of approximately 8700 vehicles per day in 1985, to 13,600 in 1989 (Exhibit 3).

      
      

   8. Driveway permit requirements have changed over the years to require more and/or greater safety features. The latest change occurred effective in 1990, and permit requirements now include the requirements for curbs, longer left-hand turn lanes (more storage space) and wider openings in the median than existed in prior years.

      
      

   9. Respondent does not really object to the requirement to install a left- turn lane, but feels the width of the opening and curb requirements are excessive. Respondent submitted no credible evidence to show the 1990 requirements of DOT for driveway permits are arbitrary, capricious or unnecessary to provide a safe entrance to or exit from U. S. 27 by vehicles entering or leaving Respondent's RV park.

      
      

   10. Respondent presented evidence that other highway entrances both north and south of the Peace Creek RV Park were approved without curbs and with smaller openings than the 1990 regulations require. However, these highway connections were approved when U. S. 27 was less busy and when the regulations were less demanding than they are at the present time.

       
       

   11. Respondent also presented evidence that he has provided rights of way and borrow pit easements for DOT in the past at no cost or for a nominal amount.

       CONCLUSIONS OF LAW

       
       

   12. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

       
       

   13. The Department of Transportation has authority to regulate connections to the State Highway System under provisions of Sections 335.182 through 335.187, Florida Statutes.

       
       

   14. DOT regulations now require left-turn lanes, curbs and wider openings in high entrance permits than existed prior to 1990. The validity of these rules was not challenged, and no evidence was presented to show these requirements are unnecessary, arbitrary, or capricious.

       
       

   15. From the foregoing, it is concluded that G. W. Mann's Peace Creek RV Park is in violation of its permit for a highway connection to U. S. 27 and to bring the connection into compliance with current regulations a longer left-hand turn (storage) lane is required, as well as curbs and a wider opening at the turn.

RECOMMENDATION

It is recommended that G. W. Mann's existing highway connection permit be revoked and, if he modifies the existing entrance to comply with the current requirements, that, upon completion of this modification, G. W. Mann be granted a new highway connection permit.

ENTERED this 17th day of July, 1990, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Desoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of July, 1990.

COPIES FURNISHED:

Vernon L. Whittier, Jr., Esquire 605 Suwannee Street

Tallahassee, FL 32399-0458

G. W. "Buck" Mann, Jr. Box 348B Buck Mann Road Winter Haven, FL 33884

Ben G. Watts Secretary

Department of Transportation 605 Suwannee Street

Tallahassee, FL 32399-0458 Attn: Eleanor Turner, MS 58

Thornton J. Williams General Counsel

Department of Transportation

562 Haydon Burns Building Tallahassee, FL 32399-0458

Docket for Case No: 90-002089

Orders for Case No: 90-002089