Findings Of Fact The petitioners are in the process of constructing a rural connector road between State Road 11 and U. S. Highway 1 in Flagler County. This is to be a two-lane twenty (20) foot wide pavement secondary road with the right-of-way acquisition and construction costs being provided by secondary gasoline tax funds allocated to Flagler County. The county has provided the necessary rights-of-way for the project. The project, as designed, provides for a realignment of the existing road to afford a straight approach to its connection with U. S. Highway 1. This realignment will eliminate the existing railroad crossing that is presently signalized with passive signalization consisting of standard cross-buck signs. The closing of the crossing will also eliminate a hazardous condition due to the sharp angles involved in the highway alignment at the present crossing. The proposed crossing is to be approximately 600 feet north of the existing crossing. Provision has been allowed for ingress and egress to individuals living in the area. The proposed crossing will intersect with the railroad tracks almost perpendicularly. The railroad, at this location, consists of a single track. There are sixteen (16) freight trains scheduled per day with a maximum speed of 60 miles per hour. In the vicinity of the proposed crossing the railroad track is straight. There is a curve in the track approximately 700 feet north from the proposed crossing. As a part of the proposed crossing there is to be Type II signalization installed consisting of a train-activated cantilevered flashing lights and ringing bells. These cantilevered signals are to be mounted on roadside posts which will allow maximum shoulder clearance for a fixed object in accordance with current practice and still provide for two (2) flashing lights suspended directly over each driving lane. Traffic studies conducted by the Planning Section of the Department of Transportation reflect that at present approximately 87 vehicles per day use the existing crossing. It is anticipated that 100 vehicles per day will use the proposed crossing when it is opened and projections estimate that in twenty (20) years approximately 400 vehicles per day will use the crossing. State Road S-304 is not used as a school bus route at this time nor is it anticipated that this road will be used for school buses in the foreseeable future. Permits to open and to close the crossing as applied for should be granted.
Findings Of Fact The railroad crossing which is the subject of this proceeding is crossing number 272859-B, in the City of Florida City, Florida. Its location at N.W. 14th Street is approximately 700 feet north of an existing crossing located at Lucy Street, and roughly 1900 feet south of a present crossing located at Arthur Vining Davis Parkway. The Railway's rationale for closing the N.W. 14th Street crossing is that these other two nearby crossings offer practical alternate routes to the N.W. 14th Street crossing, and can provide public access and emergency services to the area. The City's opposition is based on its contention that closure of the N.W. 14th Street crossing would affect emergency access to the area. The principal justification for the closure of the N.W. 14th Street crossing is its proximity to the other crossings located at Arthur Vining Davis Parkway and Lucy Street, and the resulting improvement in safety for vehicular traffic and railroad equipment. Removal of the subject crossing would eliminate vehicular accidents on the tracks, and eliminate upkeep and maintenance expenses caused by frequent vandalism at the N.W 14th Street crossing location. In addition, closure would eliminate the need to sound the train whistle at the N.W. 14th Street crossing which is located near a residential housing area. The Railway receives an average of two calls per week to report incidents of vandalism in the area of the N.W. 14th street crossing. This number of calls is above average compared to other crossings in the area. Moreover, closure of the subject crossing would permit the relocation of the signal devices now in use there to one of forty-four other crossings in or near Florida City. The traffic count taken in the vicinity of N.W. 14th Street, which is a local service road providing access to a single neighborhood, showed that about 600 vehicles per day use the crossing. Traffic counts taken at Lucy Street, a through street which provides service beyond any specific residential area, resulted in approximately 5,000 to 6,000 vehicles per day. The Lucy Street and Arthur Vining Davis Parkway crossings have sufficient capability to handle all traffic diverted to them if the 14th Street crossing should be closed. The N.W. 14th Street crossing also allows outside traffic to enter the residential area, contrary to good urban planning. By removal of the crossing, such through traffic would be eliminated. The alternate crossings at Lucy Street and Arthur Vining Davis parkway provide reasonable alternate routes, and removal of the subject crossing will not unduly inhibit access by emergency vehicles into the affected area. Although 75 percent of the calls the Florida City police receive originate from Cuban village, a heavily populated area surrounding N.W. 14th Street, if the subject crossing were closed, Lucy Street and Arthur Vining Davis Parkway could be used to respond to emergency police calls in the Cuban Village. Therefore, alternate routes are available for emergency access to the affected area. In addition, from a pedestrian safety standpoint, there is sufficient space along Lucy Street to allow pedestrians to walk there without being affected by vehicular traffic.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Florida East Coast Railway Company to close the at-grade railroad crossing at N.W. 14th Street in Florida City, Florida, be granted. THIS RECOMMENDED ORDER entered on this 15 day of February, 1982, in Tallahassee, Florida. WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15 day of February, 1982. COPIES FURNISHED: Charles B. Evans, Esquire One Malaga Street St. Augustine, Florida 32084 Thomas Tomassi, Esquire 137 N.W. 10th Street Homestead, Florida 33030 Charles G. Gardner, Esquire Haydon Burns Building Tallahassee, Florida 32301
The Issue The standards for opening an at-grade railroad crossing are set forth in Rule 14-46.03(2), Florida Administrative Code, which provides: (a) Opening Public Grade Crossings - The foremost criteria in the opening of grade crossings is the necessity, convenience and safety of rail and vehicle traffic. Existing routes should be utilized where practical. Damage to the railroad company's operation and railroad safety consideration must be a factor in permitting a new grade crossing. ... The issues set out above and agreed to by the parties are: Necessity; Convenience (to the public); Safety to railroad and vehicular traffic; and Whether existing routes should be utilized.
Findings Of Fact Necessity The City's application for the proposed public rail crossing within the city limits would connect Buffalo Road with Marina Road over the FEC's mainline track from Jacksonville to Miami, Florida. Buffalo and Marina Roads meet at right angles at the railroad track, with Marina Road running north and south parallel to and east of the railroad track and Buffalo Road running east and west to the west of the railroad track. The proposed crossing would tie the ends of these two streets together making a loop to and from US Highway 1, a major arterial route running north and south. Buffalo and Marina Roads provide access to all property, businesses and activities located along them within this area. These primary activities include two public recreational parks, a public marina, a restaurant, and a boat building works located in that order northward along Marina Road; and the primary activities on Buffalo Road are the City's sewage treatment plant and another portion of the boat building works, both of which are located at the east end of Buffalo Road. The proposed crossing is not required to obtain access to any location along these roads which would otherwise be landlocked. It is only approximately 1.7 miles from one side of the railroad track to the other side by the existing route; however, few members of the general public would make such a trip because of the activities located by the railroad tracks. Most of the projected traffic over the proposed crossing would be through traffic exiting or entering the Marina Road recreational area. This traffic would travel to US Highway 1 via Marina Road and Buffalo Road. The distance from the existing exit at Marina Road and US Highway 1 to the Buffalo Road and US Highway 1 intersection over the proposed route is 0.9 of a mile, almost the exact distance of the existing route. While the crossing would have great utility to the boat works, it is not necessary to the company's operations. Similarly, the proposed crossing would create another route to the recreational area for ambulances from the hospital located several blocks north of the Buffalo Road/US Highway 1 intersection. This route via the proposed crossing would not shorten the trip appreciably and certainly is not necessary. It would be operationally better for the fire department to have two accesses into the industrial area located at the ends of Buffalo and Marina Roads; however, it is not necessary for the fire department to have two routes, as is demonstrated by their successful responses to fires at both portions of the boat works. In summary, the distances involved and the available access to activities and businesses along Buffalo and Marina Roads do not sustain a finding that the proposed crossing is necessary. Convenience Many of the facts above, while not establishing a necessity for the proposed crossing, do establish that the crossing would be convenient. Two accesses into the activities located along both roads would be convenient to regular traffic and ambulances. It would be operationally desirable for the fire department to be able to approach a fire along these two roads from two directions. The proposed crossing would provide almost direct access between the two portions of the boat works now separated by the track. The development of the expanded recreational facilities along Marina Road will increase traffic volume, and at the periods of highest use, for example during softball tournaments, there is already congestion of traffic exiting Marina Road onto US Highway 1. However, the existing Marina Roads US Highway 1 intersection has a level of service A, or no traffic congestion during normal peak use. Further, the intersection would have no less than a level of service C rating with traffic volumes projected after full development of the recreational facilities. Level of service C is the optimum level of service from a planning standpoint considering cost effectiveness. Level of service C would be maintained with projected traffic volumes in spite of the intersection's configuration and location on a banked curve on the incline of the US Highway 1 overpass over the FEC's tracks. This configuration is not the safest possible; however, plans exist to move the Marina Road/US Highway 1 intersection south several hundred feet. This will greatly improve the configuration of this intersection and eliminate the safety problems of the existing intersection. When budgeted and completed this will make this intersection much safer than it is currently. As stated above in relationship to the issue of necessity, the majority of the traffic over the proposed crossing would be exiting or entering the Marina Road recreational complex. A comparison of the distances involved shows that traffic traveling from the Marina Road intersection to the Buffalo Road intersection over the existing route is only slightly inconvenienced. Safety There are two primary safety considerations: Railroad traffic safety and vehicular traffic safety. Railroad Safety: There is an average of 28 trains daily over the FEC's mainline track between Jacksonville and Miami, Florida, at the site of the proposed crossing. The proposed crossing is located on a curve between two curves. The characteristics of the curve north of the proposed crossing prevent a southbound train's crew from observing the actual crossing until the train is 1,200 feet from the crossing site. Due to vegetation along the roadways, the train crew must be almost at the crossing before they can see approaching vehicular traffic. The southbound trains travel at a speed of 48 miles per hour at the site of the proposed crossing and could not stop for an obstacle on the track from the point of initial observation. The characteristics of the curve south of the proposed crossing prevent the engineer of a northbound train from observing the crossing until very close to the crossing. Northbound trains travel at a speed of 35 miles per hour and would encounter great difficulty in stopping within the distance they would first observe an obstacle on the track. Vegetation and buildings restrict the northbound train crews observation of the vehicular approaches along Buffalo Road. This vegetation also restricts a driver's visibility of trains approaching from both the north and the south in three of four quadrants around the crossing. The restricted visibility makes train and vehicular traffic dependent upon warning signals and crossing protection devices. These devices suffer vandalism which can make them inoperable. The isolated location of the crossing would permit vandalism, as indicated by the damage to the dead end sign at the end of Buffalo Road observed during the view of the site. The FEC's data indicates that crossing warning devices do not eliminate crossing accidents. The FEC increased the number of protected crossings from 373 in 1976 to 510 in 1980, while the number of accidents at such crossings increased from 22 in 1976 to 42 in 1979. Such devices are not a substitute for good crossing layout and visibility. The dangers of this proposed crossing would place a continuing strain on train crews, and the only means of providing the margin of safety necessary is to slow the train's speed. This would adversely affect rail operations. Vehicular Safety: The layout of the proposed crossing creates hazards to vehicular traffic. To negotiate the crossing, north and southbound traffic would have to make a sharp 90-degree turn. At the proposed crossing the two roads have different widths and different elevations, making vehicle control and observation over the crossing's crest difficult. In addition Buffalo Road shifts its alignment to the left just prior to the crossing site. A southbound vehicle traveling east on Buffalo Road toward the crossing would have to move left just prior to the point where the road would widen and then make a right turn over the crossing. Failure to move left will cause a vehicle to hit the right cantilever standard, and failure to make the right turn will cause the vehicle to leave the roadway. The lack of room east of the track requires northbound traffic to approach the crossing parallel to the track and then make a 90-degree turn to cross the track. Again, the crossing's crest poses an obstacle to visibility of approaching traffic. The approach speeds for north and southbound traffic are extremely high for the proposed curve. Even with lower posted speed limits the isolation and road conditions will permit speeding along both roads. All of these factors raise the possibility of loss of control, which may result in vehicles leaving the traveled way and plunging into low areas surrounding the roads. Vehicular traffic which fails to make the curve could even plunge into the railroad right-of-way. Problems with this sharp curve are compounded by the inability to bank the road's curve properly and still maintain clearance for rail traffic. There are multiple safety problems with the proposed crossing, which create extremely hazardous conditions for vehicular traffic without consideration of the fact that the driver must also be alert for trains. The dangers at the existing intersection of Marina Road and US Highway 1 are small compared to those of the proposed crossing. In summary, the proposed crossing will expose the public to substantially greater dangers than those of the existing route. Use of the Existing Crossing There is an elevated, grade-separated crossing on US Highway 1 just south and slightly west of the proposed crossing. This provides class A service, the highest level of service possible, to vehicular traffic moving north and south on US Highway 1, or the same traffic which would use the proposed crossing. The US Highway 1 overpass, which is a four-lane major arterial road, will meet the projected traffic volumes until the year 2000. This existing crossing eliminates a railroad/vehicular traffic conflict point entirely. The US Highway 1 overpass provides the safest means of crossing the FEC's track for both rail and vehicular traffic at no appreciable inconvenience.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the agency head deny the application to open an at-grade crossing at Buffalo Road. DONE and ORDERED this 11th day of March, 1981, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of March, 1981. COPIES FURNISHED: Appendix I (map) Appendix II (exhibits) Dwight W. Severs, Esquire 509 Palm Avenue Post Office Box 669 Titusville, Florida 32780 Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 John W. Humes, Jr., Esquire Florida East Coast Railway Company One Malaga Street St. Augustine, Florida 32084 APPENDIX II LIST OF EXHIBITS City of Titusville (Petitioner) Traffic analysis report prepared by Kimley-Horn & Associates, Inc. 1980 arterial street plan Sand Point Park plan Revision to Sand Point Park plan Street map of the City of Titusville Aerial photograph initialed by the parties Ten photographs of proposed crossing and surrounding area initialed by the parties Construction plans for crossing Assessor's map Traffic analysis prepared by Tipton & Associates, Inc. Nineteen photographs initialed by the parties Composite 12 photographs of proposed crossing Zoning Map of City of Titusville Commercial Map of Greater Titusville with residences of players indicated Memorandum - Orr to Buschman regarding Accident Record, Marina Road/US Highway 1 Kimley-Horn Traffic Study, Marina Road/US Highway 1 without crossing Kimley-Horn Traffic Study, Marina Road/US Highway 1 and Buffalo Road/US Highway 1 with crossing Florida East Coast Railway Company (Respondent) Memorandum - File from Fernandez regarding Buffalo Road Crossing Manual of Uniform Standards, Department of Transportation Extract from Titusville Ordinance Data for number of at-grade crossings and types of devices Appendix II - Page 1 Number of Crossing Accidents by Type of Device Damage to Crossing Devices Not received Not received Profer - Affidavit of Fondren regarding materials in proposed crossing
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts are found: On March 31, 1978, Okaloosa County submitted its application for the opening of a public at-grade rail/highway crossing by new roadway construction at Berry Street in Holt, Florida. The crossing is proposed to be furnished with flashing lights. Eight regularly scheduled trains, and an occasional unscheduled train, travel through Holt on a daily basis at an approximate speed of 40 miles per hour. Located approximately 600 feet to the west of the proposed Berry Street crossing is the Main Street crossing, which receives the majority of the traffic in the area -- about 600 crossings per day. No evidence was adduced which illustrated that there was any problem with traffic flow on or near the Main Street crossing. Beyond the Main Street crossing, about 400 feet to the west, is the Johnson Street, also known as the Post Office Road, crossing, which has only about 175 crossings per day. Log trucks, industrial vehicles and school buses currently utilize the Johnson Street crossing, which has been in existence for about 58 years. Berry Street, a partly paved road, provides direct access to the Holt school and the Holt Assembly of God Church. The proposed Berry Street crossing would be within the school's warning zone. School buses presently utilize the Johnson Street crossing, located approximately 1,000 feet west of the proposed crossing. The community of Holt and nearby communities have experienced two derailments of trains with accompanying explosions or leaks of toxic chemicals in the past two years. These accidents necessitated the immediate evacuation of the citizens of Holt for several days.
Recommendation Based upon the above findings of fact and conclusions of law, it is RECOMMENDED that the application of Okaloosa County to open a rail/highway crossing at Berry Street be DENIED. Done and entered this 24th day of October, 1979, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: John R. Dowd Post Office Box 1964 207 Florida Place Ft. Walton Beach, Florida 32548 Philip S. Bennett Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32304 Dawn E. Welch Beggs and Lane Post Office Box 12950 Pensacola, Florida 32576 Secretary William N. Rose Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32304
Findings Of Fact The parties to this case filed a joint Stipulation of Facts by which it was shown that the County filed an application with the Florida Department in September of 1976 to cross the branch line of the Railway from Moultrie Junction (St. Augustine) to East Palatka, Florida at the Railway's Mile Post 44 plus 1780.3 feet. The crossing is more clearly shown by attachments to the County's application and the Railway's Plan 5O (MP 44 + 1780.3') of November 3rd, 1976, which was attached to the Stipulation of Facts, both of which are incorporated into these Findings. The proposed crossing will be by a county roadway to be non as Tillman Ridge Road, and will be primarily used by garbage trucks or other vehicles ceding access to the County's sanitary landfill. The Railway has currently scheduled two trains per week in each direction over the proposed crossing, but could handle additional regularly scheduled or extra trains as warranted. Train speed limit is 40 MPH. The County roadway will curve to the right on the north side of the Railway crossing. The Railway and the County have signed a contract calling for the installation of train activated flashing lights, gates and bells to be installed at the crossing. The County executed the agreement after the County Commission unanimously authorized execution at its public meeting of January 11th, 1977. A copy of that portion of the minutes of the County Commission meeting is attached and incorporated into this Stipulation. All of the parties to this proceeding agree that the crossing will be adequately protected by the installation of these devices. The Stipulation of Facts and the Motion for Entry of Recommended Order are incorporated as a part of this Order.
Recommendation It is recommended that the permit be granted and that the crossing be opened subject to the type of crossing protection equipment agreed on by the parties. DONE and ORDERED this 14th day of March, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this day of , 1977.
Findings Of Fact 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. 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. 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. 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. 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. 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. 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. 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.
Findings Of Fact Polk County proposes to relocate Hunt Brothers Road where it crosses the Seaboard Coastline Railroad near Highland Park some 350 feet to the north and to remove the existing roadway approach to the crossing. Hunt Brothers Road is a two lane highway 24 feet wide. The existing road has no signalling devices or warning lights installed other than a railroad crossing sign. Polk County proposes to put back-to-back flashing lights on each side of the road at the relocated crossing. However, the county has no objection to installing whatever signal devices are required at this crossing. The approach to the proposed crossing provides greater safety than exists at the old crossing. The new road exits a curve to the right 250 feet from the tracks. No other obstruction exists at this crossing, however, a second parallel track exists on which cars could be parked within 200 feet of the road. From the evidence adduced this appears to be a relatively short siding and not a track on which trains move. One northbound and one southbound train moves over this track daily. No evidence was presented that stanchions for flashing lights could not be located within 12 feet of the edge of the roadway. There is no record of any accident at the existing crossing and the safety factor of the crossing was not computed and presented at the hearing. The additional initial cost of installing cantilevered flashing lights and gates over the cost of installing roadside flashing lights is some $50,000. No cost benefit ratio or study showing the benefits to be obtained with use of the more expensive system was presented. The principal reason for the District Safety Engineer's recommendation for cantilevered flashing lights and gates was that as the driver of a car negotiated the curve approaching the track his eyes would of necessity be focused on the center line of the road and would better see lights located over the center of the road. He acknowledged however that if lights were on both sides of the road the field of vision of a driver looking straight ahead as he exited the curve would include a light on the left-hand side of the road before one in the middle of the road.
The Issue Whether an at-grade crossing in the vicinity of Southwest 5th Avenue and 2,625 feet north of Seaboard Coast Line Railroad Company Mile Foot 731 in Williston should be opened.
Findings Of Fact The Petitioner, City of Williston, applied for a permit to construct an at-grade railroad crossing 2,625 feet north of Seaboard Coast Line Railroad Company Mile Post SR-731 and Southwest Fifth Avenue, if extended, in the City of Williston for the purpose of providing access from an undeveloped but intended residential area of the City. There are two (2) Public at-grade crossings in the area. One is located 1,360 feet north of proposed crossing at Southwest First Avenue and one is located 625 feet south of the proposed crossing at Southwest Seventh Avenue. The subject railroad track is a lead track used for providing service to railroad custoners located north of proposed crossing in the City of Williston. Approximately six (6) train movements occur each week and the maximum speed is 25 miles per hour. There is a heavy stand of trees in the Southwest quadrant of the proposed crossing. Southwest First Avenue runs east and west to the south of the existing Williston High School and north of an elementary school and, although there have been discussions as to whether the street should be abandoned if the proposed road Southwest Fifth Avenue is opened, no official action has been taken. There has been no detailed planning by the City as to the following: Where the Southwest Fifth Avenue as proposed should connect to Southeast Fifth Avenue across the proposed railroad crossing; The cost of construction and maintenance of the crossing and the cost of warning devices that might be required at the crossing and the financing of same; What the estimated traffic count would be across the proposed crossing from the hospital that is in the vicinity and from the schools in the vicinity; Whether the railroad company would grant an easement for the crossing across the railroad property; and Whether a road could or should be built paralleling the railroad and connecting with an existing crossing. Is is the further finding of the Hearing Officer: There has been insufficient planning on the part of the Petitioner City of Williston as to the use or hazards in the proposed crossing; There are insufficient fact available to the Hearing Officer to make a determination as to the necessity or the safety of the proposed crossing; and The Florida Department of Transportation recommended that it proposed crossing was opened, the maximum protection should be a minimum of flashing lights, ringing bells, proper signing and pavement markings. No other recommendations were made.
The Issue Whether permits for two public at-grade railroad crossings should be granted.
Findings Of Fact By application the Agrico Chemical Company seeks permits to open two public at-grade railroad crossings by constructing a spur track between the Seaboard Coastline Railroad and Agrico Railroad beginning 1,868 feet south of Seaboard Coastline Mile Post SVC 851 at Agrock, Florida. The application involves opening two public at-grade rail highway crossings by new rail line construction. The local popular name of the road is Fort Green Road and Payne Creek Road. Two tracks were constructed less than two years ago so that the Seaboard Coastline Railroad could come off their main line and come into Agrico and pick up loaded or unloaded cars for transportation to the south, north and west. Agrico now desires to construct a track which more directly ties into what they term their Payne Creek trackage to the southeast. The new crossings would come straight across the Seaboard Coastline mainline into the Fort Green trackage. Agrico would have to spend less time on Seaboard Coastline trackage and the plan is to erect electric signal crossings whereas there are no electric signal crossings in the area at the present time. Such signalization would render the crossings less hazardous. The Petitioner Agrico will pay for the signalization at both crossings. Signalization consists of bells and signal lights. The Seaboard Coastline Railroad will maintain the crossings and signalization at the expense of the Petitioner Agrico. There are twelve trains per day. The Respondent Seaboard Coastline Railroad was not represented at the hearing, but a letter was introduced stating that "Seaboard Coastline will indicate no objections to these crossings when the appropriate public hearing is scheduled". The Respondent Department of Transportation reviewed the subject application and expressed the desire of the district railroad committee that Agrico Chemical Company pay for the installation of flashing lights and that the installation would conform to the manual on uniform traffic control devices pertaining to signalized railroad crossings. It also stated that in the interest of good safety practices, no buildings should be constructed or plantings made that would prevent good sight distance at the crossing. Additionally, the Respondent Department of Transportation suggested that the railroad crossings be maintained by "other than the Department of Transportation". The Hearing Officer further finds: The application for new railroad trackage is in the interest of the Petitioner Agrico Chemical Company and is in the interest of the public using the two railroad crossings. Signalization as planned will increase the safety of vehicular traffic.
The Issue The granting or denial of a permit to open a public at-grade crossing as provided by Section 338.21, Florida Statutes, 1977.
Findings Of Fact The Applicant petitions for a public at-grade crossing constructed in the vicinity of Mt. Dora, Florida, and 1,202 feet west of Milepost ATA-794 across the Seaboard Coast Line Railroad Company tracks. The purpose of this proposed crossing is to give public access from State Road 500, also known as Old U.S. Highway #441, to a shopping center, said shopping center containing a Publix Super Market, an Eckerd Drugs and a number of other retail stores to serve the public needs of Mt. Dora; all of the parties hereto having stipulated to the need for said crossing for public access to the shopping center, as the Applicant has no other means of ingress and egress to the shopping center which is completely constructed and ready for opening. The proposed crossing shall be a four-lane drive way, 64 feet in width, with two 24 foot paved access roads and a 16 foot median in the center. There are no permitted public at-grade crossings in the immediate vicinity; however, there are existing private grade crossings on both the east and west boundary of the shopping center which are used by the public. The existing grade crossing on the east is 787 feet from the proposed crossing, being DOT crossing #621-816X; the grade crossing on the west is 430 feet from the proposed crossing, being DOT crossing #621-818L. The Applicant has agreed that the only public access to the shopping center would be across the subject proposed public at-grade crossing and the public and the employees of the Applicant would be prevented from crossing the at-grade crossings on the east and west of the property by a chain-link fence to be constructed across the paved access roads that could allow traffic to use the two existing private at-grade crossings. The chain-link fence on the east side would be solid with no openings; the chain-link fence on the west side would contain an 8 foot gate which would be locked. The sole purpose of the gate would be to provide emergency vehicle access to the city of Mt. Dora for fire trucks, police or other emergency vehicles should the necessity arise for such access. The public would be unable, except in an emergency situation, to obtain access to the shopping center by using the existing private at-grade crossings to the east and west of the proposed public at-grade crossing. Applicant has shown that the shopping center is virtually complete and ready for opening and that there is an economic need and public necessity for said shopping center as shown by the market surveys done by the Applicant, by Publix Super Markets and Eckerd Drugs, and that it would work an economic hardship on the Applicant and deprive the citizens of Mt. Dora from the use of said shopping facilities if the public at-grade crossing is delayed in opening. It has been determined by the Secretary of the Florida Department of Transportation that the immediate installation of the signals called for herein would adversely affect the scheduled installation of signal improvements at grade crossings deemed to have a higher statewide priority. The Applicant has agreed to provide two flagmen to be located at each of the paved entranceways to the proposed at-grade crossing to prevent traffic from entering or leaving the shopping center during train movements. Said persons shall be on duty between the hours of 2:00 P.M. and 8:00 P.M. or dusk, whichever occurs first, which are the hours of train movement across the proposed public at-grade crossing, there being at this time 3 trains per week, resulting in 6 movements over the proposed new public at-grade railroad crossing, with no night train movements and a train speed of 30 miles per hour. Further, said guards or flagmen shall have available to them a manual switch to control the vehicular traffic light on State Road 500, also known as Old U.S. 441, to prevent traffic movement while trains are crossing. The Seaboard Coast Line Railroad has stipulated that they will flag the proposed public at-grade crossing on any train movements other than during the times set forth above; Stipulation is attached hereto and made a part hereof, marked Petitioner's Exhibit 1(a) and (b). The responsibility for the watchmen or flagmen at said crossing would end when the railroad active grade crossing advance warning devices become operational. The Applicant has further agreed to the Department of Transportation's recommendation to install, at the Applicant's cost, Class 4 signal devices with preemption of the vehicular traffic signal on State Road 500, also known as Old U.S. 441. The parties herein have agreed that there is a need for the proposed crossing and have no objection to the proposed crossing and signalization. The City of Mount Dora contends that a second public crossing is needed to serve the public.
