The Issue Whether a permit should be granted to open a public at-grade rail highway crossing of the Florida East Coast Railway Company track at West Avenue "A" (Railway Mile Post K-61 + 4361'), in the City of Belle Glade, Florida.
Findings Of Fact The City Commission of the City of Belle Glade, Florida, prior to July 1, 1972, determined that it needed a grade level crossing on West Avenue "A" across the Florida East Coast Railway tracks. Thereafter on April 19, 1977 it submitted an application to the Respondent, Florida Department of Transportation, through its City Manager, Robert R. Sanders for the railroad grade crossing. The type of rail line existing is single track; the number of trains per day from November to May is 11, and from May to November is 2, and the speed of trains is 35 mph. The proposal is for a grade level crossing two- lane road. The cost of signal installation and the cost of annual maintenance is to be charged to the Petitioner. The railroad creates a dividing barrier separating the eastern part of the city from the western part of the city; a canal separates the southern part of the city from the northern part of the city. South of the canal there are three street level crossings across the railroad, of which the northernmost is the canal. The next one to the south lies approximately 600' south at Northwest Avenue "D". The third lies approximately 2800' south of Avenue "D" crossing. The proposed crossing is approximately 1,600' north of the southernmost Avenue "E" crossing and approximately 1,200' south of the Avenue "D" crossing. The area lying immediately west of the Avenue "D" crossing is primarily residential. West Canal Street and Avenue "E" carry the bulk of the traffic from east and west and from west to east lying south of the canal. The proposed crossing would provide an additional access from east to west lying south of the canal. The opening of a West Avenue "A" crossing would take some of the traffic from the crossing at Southwest Avenue The site for the proposed crossing is located along a curve of the railroad track and there are some sight problems because of the curve and because of vegetation. There are two at-grade crossings north of the canal. The police station is located on West Avenue "A" in the center of town east of the proposed crossing site. The fire department is located on Southwest Avenue "E", both of which provide emergency services to the high density area of the city without the use of a railroad crossing. The response time to the high density area is a matter of minutes for both the fire department and police department. Some response time could be saved to the affected area by the installation of the proposed crossing, but the time saving is under four minutes. No evidence was submitted as to the average number of police and fire calls from the affected area and there was no projection as to the average daily traffic across the proposed crossing.
Recommendation Deny the permit. DONE and ENTERED this 28th day of February, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of February, 1978. COPIES FURNISHED: John E. Baker, Esquire City of Belle Glade 257 Southeast Avenue E Belle Glade, Florida 33430 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 John W. Humes, Jr., Esquire Florida East Coast Railway Co. One Malaga Street St. Augustine, Florida 32084
The Issue Whether the application for an at grade vehicle railroad crossing permit should be issued to the City of Holly Hill by the Department of Transportation.
Findings Of Fact The City of Holly Hill, Florida, filed an application with DOT for an at grade railroad crossing permit on Tenth Street at Milepost 107+1513', in the city of Holly Hill. The DOT denied the City's application by letter dated November 27, 1991, which enclosed the Department's intent to deny the permit. The City petitioned and received a hearing to consider its application. The City of Holly Hill is located due north of the City of Daytona Beach on the east coast of the state of Florida. It stretches west approximately a mile from the Halifax River, and runs north for approximately two miles from the northern boundaries of the City of Daytona Beach. Tenth Street, where the proposed railroad crossing would be located, is a local street running east and west in the City of Holly Hill, Florida. West of the Florida East Coast Railroad tracks, Tenth Street connects with Center Avenue and continues further west to connect with Nova Road, both of which are major north/south connectors. To the east of the Florida East Coast Railroad tracks, Tenth Street runs less than one block and terminates at its intersection with US 1, the major north/south arterial road in Holly Hill. Immediately east of the Florida East Coast Railroad tracks in the vicinity of Tenth Street, the City of Holly Hill maintains Holly Land Park, a major recreational area in downtown Holly Hill. Immediately to the west of the Florida East Coast Railroad tracks, the City of Holly Hill maintains a nature trail and facilities related to its public works department. The City seeks the permit for an at grade crossing alleging that (1) a large number of pedestrians are illegally crossing the track and have persisted in doing so notwithstanding warnings and citations; and (2) the City feels that opening a crossing at Tenth Street would relieve bad traffic congestion existing on Eleventh Street just north of Tenth at Eleventh's intersection with US 1. Video tapes and the observations of police officers of the City of Holly Hill establish a significant level of pedestrian traffic by adults and children over the railroad tracks between the western and eastern ends of Tenth Street. This practice is very dangerous. Some of the pedestrians walk their bicycles over the railroad tracks at this location. The majority of the young people crossing the tracks in this vicinity are moving east to utilize the facilities in Holly Land Park or moving west to go to the middle school and grammar school located respectively at the intersections of Center Avenue and Walker Street and Center Avenue and Fifteenth Street. This is a popular route because of the heavy vehicle traffic on Eleventh Street and Eighth Street. Warnings, citations, and patrols have not halted the illegal crossing of the tracks. Eleventh Street is located 1300 feet to the north of Tenth Street and also runs east and west from the Halifax River westward to beyond Interstate 95. Plans call for the development of an interchange at the intersection of Interstate 95 and Eleventh Street. Eleventh Street appears to be the only street in downtown Holly Hill which moves directly west in this manner. From Nova Road east to US 1, Eleventh Street runs parallel to and north of a large drainage canal. Two shopping centers are located at the intersection of Eleventh Street and Nova Road. Eleventh Street is so close to this drainage feature that pedestrian walks on the southern side of Eleventh Street were removed. Because of this drainage structure, Eleventh Street cannot be inexpensively widened. To the south of Tenth Street 1320 feet, Eighth Street runs east and west from the Halifax River to Nova Road. Both Eleventh and Eighth Streets are two-way streets along their entire length. The City bases it petition to open the crossing upon traffic congestion caused by east bound traffic on Eleventh Street seeking to turn left on US 1, and by north bound traffic on US 1 seeking to turn left onto Eleventh Street when Eleventh Street is blocked by rail traffic. The I-95/Eleventh Street interchange will increase traffic congestion on Eleventh Street. The City asserts that opening the proposed crossing would alleviate this congestion because traffic using Eleventh Street would then use Tenth Street. The traffic count on Eleventh, Tenth, and Eighth Streets was measured by the county. The traffic on Eleventh Street was 10,744; on Tenth Street was 1,019; and on Sixth Street was 6,153. According to a traffic projection run by the county traffic operations supervisor, 1,000 vehicles would be diverted from Eleventh Street to Tenth Street if a vehicle at grade crossing were opened at Tenth Street. Although this projection is suspect because it was made without any origin and destination surveys being done, the shift of 1,000 vehicles from Eleventh Street to Tenth Street is negligible in terms of its present and projected impact on Eleventh Street. It was uncontraverted that a ground level pedestrian crossing with adequate gates and signals would permit pedestrians to cross the railroad tracks quickly and therefore reduce their exposure to train/bicycle accidents. (T- 81,135.) Opening an at grade crossing on Tenth Street would create a greater potential for car/train accidents by increasing the exposure of vehicle traffic to railroad traffic. This was also uncontraverted. The fire station is currently located in the back of City Hall which is located immediately across US 1 from Holly Land Park. Plans exist to move the fire station from its present current location to a location in the vicinity of the Public Works Department along Tenth Avenue. The public library which is currently located at Holly Land Park affronting on US 1 may be relocated to the old school building located south of the city hall. Movement from the fire- station at its proposed location would be no better or worse than it is now because Tenth Street does not extend east across US 1. Emergency equipment will have to use Eighth Street or Eleventh Street to go east, and these streets are also the best routes west. The proposed crossing is not necessary based upon the traffic studies prepared by the City. Assuming the shift of 1,000 cars from Eleventh Street to Tenth Street, this would not warrant the expense and the potential hazard generated by permitting the proposed railroad crossing. It was uncontraverted that the best way to solve the congestion problem on Eleventh Street would be to widen it. However, it was universally acknowledged that this would be very expensive. While evidence is contradictory, the most credible testimony supports using one-way pairs on Eleventh and Eighth Streets as a low cost interim measure to improve traffic flow along the arterial routes. (T-112,145 et seq., and 173.) In addition to the crossings located at Eleventh and Eighth Streets, there are also crossing located at next to through streets south of Eighth, and at Fromich Street north of Eleventh. There would be more than five public crossings located within one mile of railroad track if a crossing were opened at Tenth Street.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That a Final Order be entered approving a pedestrian at grade crossing at Tenth Street in the City of Holly Hill, Volusia County, Florida; and That the Petition for a public at grade vehicular railroad crossing at Tenth Street in the City of Holly Hill, Volusia County, Florida be DENIED. DONE and ENTERED this 5th day of August, 1992, in Tallahassee, Florida. STEPHEN F. DEAN, 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 5th day of August, 1992. APPENDIX CASE NO. 92-0942 PETITIONER'S PROPOSED FINDINGS Petitioner's Recommended Order Paragraphs 1, 2, 8 Recommended order paragraph no. 4 Paragraph 3, 5, 7, 10 Recommended order paragraph no. 7 Paragraph 4 Recommended order paragraph no. 8 Paragraph 6 Rejected, Data in Paragraph is more credible Paragraph 9 Paragraph 6 Paragraph 11 Immaterial Paragraph 12 Cumulative Paragraphs 13, 14 Immaterial Paragraph 15 Contrary to the fact that Tenth Street ends at US 1 Paragraphs 16, 17, 18 Contrary to more credible evidence Paragraph 19 .027 represents one train/car collision every four years. If you are in the car, that is significant. Paragraphs 21, 22, 23, 24, 25 All these improvements do not establish the necessity for the proposed crossing and appear to be counter to good land use and traffic planning. Paragraph 26 No credible evidence to support this. Paragraph 27 Paragraph 6 Paragraph 28 Paragraph 7 Paragraph 29 Immaterial Paragraph 30 "de facto" crossings don't exist Paragraph 31 Immaterial Paragraph 32, 33, 34, 35 Paragraph 6 Paragraph 36 Paragraph 4 Paragraph 37 Speculative Paragraph 38 Paragraph 7 Paragraph 39 Paragraph 9 Respondent's Recommended Order Paragraph 1 Paragraph 1, 2 Paragraph 2 Paragraph 4 Paragraph 3 Paragraph 6, 10, 11 Paragraph 4 Paragraph 12 Paragraph 5 Paragraph 7 Paragraph 6 Paragraph 13, 14 COPIES FURNISHED: Ben G. Watts, Secretary Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458 Edward F. Simpson, Jr., Esquire Randal A. Hayes, Esquire Moore, Wood, Simpson, Correy, McKinnon and Vulkeja Post Office Box 305 Ormond Beach, FL 32175 Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458
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.
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
The Issue Whether an at-grade crossing in the vicinity of Garden Street in Jacksonville, Florida, where point of switch is 2.006 feet northwest of Georgia Southern and Florida Railway Company mile post 253 and the crossing is 2,082 feet southwest of mile post 1 off lead track should be opened.
Findings Of Fact By application the Georgia Southern and Florida Railway Company seeks a permit to open a public railroad crossing in the vicinity of Garden Street in Jacksonville, Florida, where point of switch is 2.006 feet northwest of Georgia Southern and Florida Railway Company mile post 253 and the crossing is 2,082 feet southwest of mile post 1 off lead track. New Duval is a residential and light industrial development which requires the transportation of building materials and equipment for its construction and upon its completion will require transportation services for the light industries and the public in general. There are no practical means of transportation other than railroad services for this development and therefore, there is a need for a railroad crossing at Garden Street to complete the extension of rail services to New Duval. The applicant presently owns the property line adjacent to and on either side of Garden Street and the proposed crossing will not require a change in the course of any street or highway. The conditions and topography of the area are such that the railroad and highway can compatibly cross on the same surface at Garden Street. The applicant is prepared to comply with the design, standards and procedures of the city of Jacksonville as set forth in the Ordinance code of the City of Jacksonville. The applicant has received from the Interstate Commerce Commission a Certificate of Public Convenience and Necessity to construct and operate the line in question. Applicant is authorized to do business in the State of Florida and has pending its application for approval of extending the line with the Department of Environmental Regulation, State of Florida. The Florida Department of Transportation has considered the proposed safety devices as indicated on the application and has concurred that the standard side mount flashing lights and bells signalization is adequately safe as required for the conditions. There is a need for rail transportation in the contemplated industrial park which is a 5200 acre track of land of which some 3,000 acres will be industrialized.
The Issue Whether there should be an opening of a public at-grade railroad crossing by New Rail Line Construction in the vicinity of: 1420 feet west of Mile Post SX 904, Seaboard Coastline Railroad (Northwest 9th Street), Okeechobee County, Florida.
Findings Of Fact A railroad grade crossing application was submitted by Petitioner, McArthur Farms, Inc., for "opening a public at-grade rail highway crossing by New Rail Line Construction" in an unincorporated area of Okeechobee County on Northwest 9th Street and Seaboard Coastline Railroad, Railroad Mile Post 1420 feet west of Mile Post SX 904, west 900 feet, east 686 feet. The type of roadway is an existing paved two-lane road. The proposal is for a single track spur to serve one (switcher) train per day at a speed of 4 miles per hour. The cost estimate is $5,000 with the cost of the installation charged to the applicant. The cost estimate for annual maintenance is $800 with the cost of annual maintenance charged to the applicant. The signal installation is to be performed by the applicant and is a "warning sign." The cost of the installation is to be charged to the applicant. The application was submitted on February 18, 1977 and received departmental approval on February 21, 1977. The parties submitted a joint exhibit which is the letter from the Respondent, Seaboard Coastline Railroad Company, stating: "Further reference is made to your letter of February 21, 1977, and my reply of February 25 which had to do with application of McArthur Farms, Inc., for a crossing at grade of existing 15th Street by an industrial spur track at Okeechobee, Fla. This Company will have no objections to this proposal with the understanding that all ex- pense in connection therewith, including cost of signals or other warning devices which may be required, will be assumed by the Industry. Presume we shall be given notice of the hear- ing on this application. Yours very truly, T. B. Hutchenson Assistant Vice President" The following statement was made by the attorney for the Respondent, Florida Department of Transportation, and concurred with by the attorney for the applicant: "In summary, Madam Examiner, the applicant made application for a spur line, located between other spur lines, across a two lane road in a rural area. The crossing will be used to service a feed mill. The movements will be in the daytime. There are less than 5,000 motor vehicles presently using the two lane roadway, traveling at less than 30 miles per hour. The roadway is two lanes. The characteristics of the highway in ques- tion are conducive to manual flagging and stopping of traffic. There will be no night movements of the train. And it meets the factual requirements that fall within an exception to any requirement for active signalization inasmuch as the exception within which it falls is in the afore cited provision of the Florida Administrative Code. (Chapter 14-46.03(3)(g)2., F.A.C.) The applicant will pay for the installation of the crossing and the necessary cross-bucks as minimum signalization, and there will be provided manual flagging for the crossings. So need has been established, safety pre cautions have been arranged and the crossing itself falls within the exceptions to active signalization." The Hearing Officer further finds: The need has been established for the crossing. Safety precautions needed have been arranged.
Recommendation Grant the permit upon the applicant's submitting an agreement with the Respondent railroad for the installation of the crossing and the signalization. DONE and ORDERED this 15th day of September, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Harry K. Bender, Esquire Nicholson, Howard, Brawner & Lovett 131 Dade Federal Building 119 East Flagler Street Miami, Florida 33131 Eugene R. Buzard, Esquire Seaboard Coastline Railroad Company 500 Water Street Jacksonville, Florida 32202
The Issue Whether a permit should be issued to close an at-grade crossing in the vicinity of Florida East Coast Railway Company Mile Post 123 + 3,478 feet and Eleanor Street in New Smryna Beach, Florida.
Findings Of Fact The Eleanor Street railroad crossing is within the city limits of New Smyrna Beach, Florida, and serves a residential neighborhood. There are a total of 16 freight train movements north and south in a 24-hour period. There are normally two local freight trains each day. In August of 1966 there was a railroad train/automobile accident in which there were two fatalities and one injury. There is a small manufacturing plant on the west side of Eleanor Avenue which uses subject crossing. The factory has approximately 15 trucks. Motor vehicular count shows that there are between 600 and 900 crossings per day at this railroad crossing. Eleanor Street is a two- way street and the train is a single track. The street is relatively straight on the east side of the track and there is a reverse curve on the west side of the track. The crossing is protected by cross bows and stop signs. To the south of Eleanor Street, several hundred feet, is Wayne Street crossing, which is a two-lane street protected with flashing lights and gates at the railroad crossing. The Wayne Street crossing is heavily traveled with a traffic count of some 2,407 crossings per day. Although there are several crossings in close proximity, ditches and lack of through streets make these crossings inconvenient to those presently using subject crossing. The petitioner desires the crossing be closed, but if it is not closed that flashing bells, lights and gates be installed. The Respondent City does not want the crossing to be closed and states that it has allocated 10 percent of the required funds for installation of proper signalization. The Respondent Department of Transportation does not recommend that the crossing be closed and recommends that the crossing be signalized by a Type I signalization which is roadside mounted flashing lights with bells. Federal funds can he used for this project.
Recommendation Grant the petition to close unless installation of a Type I denomination of signalization is begun within sixty (60) days from date of Final Order. DONE and ORDERED this 12th day of February, 1976. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Charles B. Evans, Esquire General Counsel Florida East Coast Railway Company One Malaga Street St. Augustine, Florida 32084 Charles A. Hall, Esquire City Attorney Bank of New Smyrna Building New Smyrna Beach, Florida
The Issue Whether a railroad crossing located at Florida East Coast Line Railroad Mile Post 175.49 should be closed.
Findings Of Fact The City of Rockledge, Florida is constructing a road in the incorporated limits of the city, known as Rovac Parkway. The road has not been completed, but when completed, it will consist of two ten foot driving lanes running east and two ten foot driving lanes running west with a twelve foot median strip and fourteen foot shoulders. This road is scheduled to intersect the Florida East Coast Line Railroad at Mile Post 175.57, and would cross the railroad with the same given dimensions as described above. After crossing the railroad, the Rovac Parkway would intersect with U.S. 1, also known as State Road 5. There is pending with the State of Florida, Department of Transportation, an application far driveway permit from the Rovac Parkway into U.S.1 (State Road 5), and a copy of the application for permit is found in the City's Exhibit #4 entered into evidence in this hearing. The area for which the application for at-grade crossing pertains is zoned R-2. In the general area of the proposed crossing it is intended that a industrial plant be built by Rovac, Inc., a firm from Maitland, Florida. The Florida East Coast Line Railroad which runs through the City of Rockledge is a single track line which runs roughly north and south and 66 percent of the population of the City of Rockledge, is located west of the Florida East Coast Line Railroad, with the remaining 34 percent found east of the Florida East Coast Line Railroad. The population in the City of Rockledge at the time of the hearing was 11,467 people. If the subject railroad crossing was open and the Rovac Parkway completed, approximately 35 percent of the 66 percent of the population lying west of the Florida East Coast Line Railroad would be using the at-grade crossing. The nearest at-grade crossing with signalization is found 1/2 mile north of the proposed crossing at Barton Road, and the implementation of an at-grade crossing at the subject location would releave the traffic at Barton Road and promote safe crossing of the Florida East Coast Line Railroad found in the City of Rockledge. Immediately north of the proposed at-grade cressing and identified as Nile Post 175.49 is an unprotected at-grade crossing. This crossing services a roofing company which services the public and also services a number of homes in the immediate vicinity of the existing crossing. If the new at-grade crossing at Mile Post 175.57 were permitted, the people who utilize the crossing at Mile Post 175.49 would be serviced by the new crossing. This service would be affected by an extension of an existing road known as Edwards Drive, from its present location to intersect with Rovac Parkway at right angles immediately west of the intersection of the proposed crossing with the Florida East Coast Line Railroad. The land that is necessary for the extension of Edwards Drive has been deeded to the City of Rockledge but has not been dedicated, A and public hearings have been held on the question of the service of those persons in the vicinity at the present at-grade crossing, in addition to public hearings on the extension of Edwards Drive. The location of the proposed crossing and the existing crossing at Mile Post 175.49, and their relationship to other landmarks in the area can be seen through the City's Exhibit #13, admitted into evidence. At the time of hearing, eight north and south bound freight trains and two local freight trains operated in the vicinity of the present crossing at Mile Post 175.49 and the contemplated crossing at Mile Post 175.57. The time schedule for the northbound freight trains is 3:00 A.M., 4:00 A.M., 5:00 A.M., 9:00 A.M., 2:00 P.M., 3:00 P.M., 4:00 P.M. and 7:00 P.M. The time schedule for the south bound freight trains is 10:45 A.M., 3:45 P.M., 7:00 P.M., 8:00 P.M. 9:00 P.M., 10:45 P.M., 11:45 P.M. and 6:30 A.M. The two local freight trains run at approximately 4:00 A.M. and 12:00 noon. The speed limit in the area of the crossing at Mile Post 175.49 and the proposed crossing at Mile Post 175.57 is 60 WH for the railroad. There is a left curve approximately 1,550 feet south of the proposed crossing. All parties to the hearing feel that it is necessary to have signalization at the proposed at-grade crossing. The witness for the City acknowledged the need for such an arrangement. The spokesman for the Railroad felt that the crossing should be controlled by an automatic system with flashing lights, ringing bells, and gates, which was train activated, and the witness of the Department of Transportation felt that the safety equipment at the proposed at-grade crossing should be a Type IV, with cantilevered flashing lights, ringing bells and gates. The some witnesses stressed that the existing crossing at Mile Post 175.49 was not signalized and therefore was much more dangerous than a signalized crossing, such as the proposed crossing at Mile Post 175.57. Exhibits which were offered in the course of the bearing which address the propriety of opening a crossing at Mile Post 175.57 and closing the crossing at Mile Post 175.49 were as follows: Exhibit #1, by the City, is a map of the City of Rockledge; Exhibit #2, by the City, is a comprehensive land use plan of the City; Exhibit #3, by the City, is a resolution of the City Council, City of Rockledge, proposing the opening of the crossing at Mile Post 175.57; Exhibit #6, by the City, a traffic count at the Barton crossing; Exhibit #11, by the City, a resolution of the Brevard Economic Development Commission concerning the impact of such a development; and Exhibit #12, by the City, a drawing of the extension of Edwards Drive and the construction of the Rovac Parkway, together with the present crossing and the proposed crossing.
Recommendation It is recommended that the application for closing the Florida East Coast Line Railroad crossing at Mile Post 175.49 be granted, contingent upon the opening of a signalized railroad crossing at Florida East Coast Line Railroad Mile Post 175.57. DONE and ENTERED this 2nd day of July, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Walter C. Sheppard, Esquire City Attorney, for Rockledge 115 Harrison Street Cocoa, Florida 32922 Charles B. Evans, Esquire Florida East Coast Line Railroad One Malaga Street St. Augustine, Florida 32084 Philip Bennett, Esquire Office of Legal Operation Department of Transportation 605 Suwannee Street Haydon Burns Building Tallahassee, Florida 32304
The 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 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. 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. 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. 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. 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. 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. 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." The Hearing Officer further finds: 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. Leon County would maintain the crossing. 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.
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
The Issue The parties stipulated that the denial of the proposed crossing was based solely upon the type of signal or warning devices the applicant had proposed to install. The issue presented is limited to the type of warning or signaling devices which should be installed at the proposed crossing.
Findings Of Fact The proposed crossing would be created by the extension of Thomas Road over the Seaboard Coast Line Railroad. Thomas Road runs northeast at approximately a 90-degree angle off the road known as Old 41 or Old Tamiami Trail, and its extension would cross the railroad approximately 600 feet from its intersection with Old 41. The Thomas Road/Old 41 intersection is located one-quarter mile southeast from the dead end of Old 41 in Lee County. Old 41 and Thomas Road are improved two-lane roads. Old 41 runs southeast for several miles and intersects US Highway 41. The extension of Thomas Road would terminate shortly after crossing the entrances to two proposed industrial parks. The proposed crossing will be the sole access to the 22-acre tract zoned for the heaviest industrial use permitted by Lee County. The tract has been sold in two sections of approximately equal size. The Seaboard Coast Line Railroad at the point of the proposed crossing consists of a mainline track and a spur, or storage track, which run parallel to Old 41 at the site of the proposed crossing. The mainline track runs from Tampa to Naples through the Fort Myers area in which the crossing will be located. The storage track runs 690 feet to the north of the proposed crossing and 1,400 feet to the south of the proposed crossing. The mainline track carries one train per day, and a speed limit of 35 miles per hour is imposed upon mainline traffic. The one train using the mainline track drops cars off onto and picks cars up from the storage track. These switching movements could entail multiple movements of rail traffic through the proposed crossing one time per day. Typically, cars would be dropped off onto the storage track as the train moved south on one day, and would be picked up as the train moved north on the following day. The number of cars dropped off onto the storage track would vary but would not exceed 60 cars, and there would generally be no more than 20 to 25 cars on the storage track at any one time. Each such car is 50 feet long. The mainline train is not run on Sundays. The projected vehicular traffic on Thomas Road is 791 vehicles per day over the crossing based on projected planning data developed by the Department of Transportation. Based on an assumed speed limit for Thomas Road of 35 miles per hour, a driver approaching the proposed crossing from Old 41 could see to the left of the crossing 85 feet and to the right of the crossing 92 feet from a point 200 feet from the crossing. Similarly, leaving the proposed industrial park, a driver could see 76 feet to the right and 46 feet to the left from a point 200 feet from the crossing. The 200-foot distance is derived from the distance it would take a driver to stop his vehicle while traveling at 35 miles per hour without going onto the track. There are existing railroad crossings in incorporated Fort Myers that carry ten to 20 times as much traffic as the proposed crossing which are not signalized. Although the Department of Transportation has emphasized signalization of existing railroad crossings since 1973, it has only completed the construction of or planning for the construction of signalized crossings on 750 existing crossings. The Department has established a numerical priority of signalizing existing crossings based upon the speed of vehicular traffic, the speed of railway traffic, the number of trains, the number of vehicles, the type of signalization or warning devices existing at the crossing, the number of lanes, minimum sighting distances, minimum clear quadrant sight distances, parallel roads, and school bus usage. Under the Department's system, the lower the number assigned to the crossing the higher its priority. Planning for signalization of existing railroad crossings is currently in the 800's. The Department's Safety Engineer identified the Townsend Street crossing in Wauchula as an existing railway crossing comparable to the proposed crossing. The Townsend Street crossing had a traffic count of 425 vehicles per day, two trains per day, 20-mile-per-hour train speed, traffic speed limit of 25 miles per hour, and minimum visibility in its worst quadrant of 57 feet. The Townsend Street crossing is not signalized and has a priority number of 3,250. Electrical signal and warning devices at railway crossings may be bypassed and turned off by railway personnel during switching operations. No evidence was introduced that the opening of the proposed crossing would endanger or damage the railroad operation. Opening of this crossing is necessary for the development of a major industrial property in Lee County.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend approval of the proposed crossing with the required roadside flashing lights and bells on all roadway approaches to the crossing, with the following additional conditions: The speed limit on Thomas Road be set at 20 miles per hour; 1/ The Seaboard Coast Line Railroad Company be required to use a flagman at the crossing when switching cars onto the storage track over the crossing; The Seaboard Coast Line Railroad Company be required to store cars at the southern-most end of the storage track and not leave cars on the northern end of the storage track when a flagman is not present; 1/ and The obstructions to vision be removed from the area surrounding the crossing to permit a driver approaching the crossing at 25 miles per hour to see a train in sufficient time to stop before moving onto the track. 1/ DONE and ORDERED this 10th day of January, 1980, 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 10th day of January, 1980.
