Recommendation Dismiss the application to open a public at-grade crossing at Country Club Boulevard in the Citrus Springs Community in Citrus County, Florida without prejudice. DONE and ORDERED this 22nd day of November, 1976 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: James L. Shroads, Esquire 3250 S. W. 3rd Avenue Miami, Florida 33129 George L. Waas, Esquire Florida Department of Transportation Haydon Burns Building Tallahassee, Florida Eugene R. Buzard, Esquire Seaboard Coastline Railroad 500 Water Street Jacksonville, Florida 32202 Mr. Gordan S. Burleson, Sr. Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William Livingston, Esquire 3250 S. W. 3rd Avenue Miami, Florida
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 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.
Findings Of Fact After receiving evidence, hearing testimony and personally visiting the site of the subject railroad crossing and the area the crossing serves, I find: The subject of this hearing is a railroad crossing located 2,423 North of Seaboard Coast Line Railroad Company Mile Post SPA-803 in an area designated Four Points Way on the west side of South Adams Street, Tallahassee, Leon County, Florida. Petitioner, Florida Department of Transportation, contends that the crossing is now a public crossing and should be closed or appropriate safety equipment should be installed. The safety engineer for Petitioner recommends flashing lights and gates. Respondent contends that the present signalization is adequate and the crossing should not be closed; that the railroad should maintain the current safety signalization at the existing crossing and that appropriate markings should be made at the highway and street approach to the crossing. Public use has increased from a few crossings per day to a 24-hour count of 1,186 vehicles on an average day in July, 1978. The increase in traffic has been generated by the number of business establishments in the industrial area and increased business. A large business catering to home owners has generated a large amount of business in recent years. The railroad crossings and streets make a complicated and congested traffic pattern: The subject crossing is located West of South Adams Street (State Road 363) on a paved but privately owned paved and curbed street which serves the industrial area. There is a short street connecting South Adams Street and South Monroe Street (State Road 61) directly across South Adams Street from the subject crossing. The area intersection has two major highways, South Adams and South Monroe, crossing each other with several exits and entrances. There have been many reported traffic accidents. The Panhandle Concrete Industry, Inc., is a concrete plant which has an entrance intersecting with the private paved road in the industrial park area West of the railroad. It uses the subject railroad crossing. Directly to the East and South of the subject crossing is a public generated unimproved road intersecting with South Adams Street, a short distance from the crossing. Approximately 600 feet North of the subject crossing is a paved but non-signalized crossing that is used by the general public doing business with Carpet City, The Canoe Shop, Home of Fibercell Manufacturing, Inc., Signs by Matlock, and a Department of Education warehouse. It appears that said crossing is subject to regulation by petitioner under Section 338.21(3), Florida Statutes. Approximately 1,000 feet North of the subject crossing is a public crossing on Bragg Drive. This crossing is marked by railroad cross bucks. There is an entrance to Bragg Drive from the Department of Education warehouse and also from the foregoing named businesses primarily served by the paved but non-signalized crossing. Respondent, Albritton-Williams, requested a permit for the opening of an at-grade public crossing on October 22, 1973. Thereafter, at a public hearing on July 15, 1974, it moved to amend the application so it could pave the subject crossing and contended that the crossing was in fact a private crossing. On November 6, 1974, the Recommended Order, which was adopted as the Petitioner's Final Order, concluded that the crossing was a private crossing and that the Florida Department of Transportation had no jurisdiction. Thereafter, the owners of the industrial area paved the street to serve the private business interests of the industrial park. Subsequent to the issuance of the Recommended Order, and subsequent to the paving of the street, the Petitioner, Florida Department of Transportation, determined that the formerly designated private crossing is in fact a public crossing and that the Petitioner has and should exert regulatory authority over the crossing as required by Section 338.21, Florida Statutes. It petitioned for subject hearing. There are a number of owners and lessees of the area including: Panhandle Concrete Industries, Inc.; Scottie's; Eli-Witt Company; Four Points Industrial Park and Albritton-Williams, Inc. These owners and lessees are all businesses which invite the public to their doors and presently require the crossing of subject railroad both to and from the businesses. There is no other improved exit or entrance to the industrial and business area. The roadways within the park have not been dedicated to the City, County or State. The Seaboard Coastline Railroad uses the three tracks enroute Lo St. Marks, Florida, three days a week, twice each day, travelling between ten and twenty miles per hour. The three to eight car train runs in the afternoons between 3:00 o'clock and 4:00 o'clock to St. Marks and returns. The tracks run North and South and the road runs East and West. The testimony elicited stated that the train takes about five minutes per crossing, six times each week, twice each day on Mondays, Wednesdays and Fridays. The rail highway grade crossing index introduced into evidence placed the crossing at 2,848 on a priority rating the highest being 8 and the lowest being 5,639 for corrective action at public railroad crossings in the State of Florida. The accident potential of subject crossing is 06 on a scale of 40.19. There have been no reported accidents at the subject crossing. The vehicular traffic at the crossing can back up on South Adams Street at the time of the crossing of the train for the reason that the area between the closest railroad track and the outer edge of the travel lane going South on Adams Street is approximately 90 to 95 feet with storage for about three vehicles. Highway and street approach markings although helpful would not solve the problem of congested traffic. The property that the existing crossing serves is within the cite limits of Tallahassee, Florida. The proposed order of the Respondent has been examined and each proposed fact has been treated in this Order. The Hearing Officer further finds: The subject crossing is a public crossing and there has been a crossing in said general area which had been used by the public in excess of twenty years. There is a need for a railroad crossing to serve the industrial area that stretches from the privately paved road of Respondent North to Bragg Street and South of the concrete plant. A crossing in the area is required for the convenience of the business interest in the area. The subject crossing creates a hazard because of its location directly West of South Adams Street and across from the short cross-connection between South Adams Street and South Monroe Street. This hazard is increased by other cross-connections between these major streets and by a public railroad crossing on State Road 61, South Monroe Street approximately 400 feet South of the subject crossing. The hazard is caused by the location of the crossing rather than the crossing itself.
Recommendation Close the crossing in not less than 90 days or more than 100 days from date hereof. Upon petition by the respondent or other interested parties, open a crossing to serve the needs and convenience of the owners and lessees at the closing of the subject crossing at a location that will not cause a traffic hazard and will meet standards required by the Petitioner, Department of Transportation. Consideration should be given to directing all traffic crossing the railroad to one crossing serving the entire commercial area which includes interests in addition to respondents. The non-signalized crossing should be scrutinized. DONE and ENTERED this 6th day of November, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Frank King, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Roy T. Rhodes, Esquire Post Office Drawer 1140 Tallahassee, Florida 32302 Jesse F. Warren, Jr., Esquire Post Office Box 612 Tallahassee, Florida 32302 E. Eugene Buzard Seaboard Coast Line Railroad 500 Water Street Jacksonville, Florida Rhett Miller, City Engineer City Hall Tallahassee, Florida 32304 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN RE: Petition of State of Florida, Department of Transportation for closing of, or in the alternative, installation of appropriate safety equipment at, CASE NO. 77-1751 a public at-grade railroad crossing 2,423 feet north of Seaboard Coastline Railroad Company Mile Post SPA-803 and a proposed street at Four Points Industrial Park in Tallahassee, Florida. /
The Issue Whether there should be an opening of a public at-grade rail/highway crossing and new rail line construction on Jones Road and Georgia Southern and Florida Railroad - MP 243.
Findings Of Fact The following stipulation was agreed upon and written by the parties: "1. As to the necessity of the opening of the said crossing. Westlake is a develop- ment where in excess of $25,000,000 has been spent in a project of the Georgia Southern & Florida Railway, of which $15,000,000 has al- ready been spent to date. Such project has been reviewed and approved by the Jacksonville Planning Board and the public need has been recognized and determined for this residential and light industrial development. As to the facility. The track will be an extension of existing lead track that was originally considered and approved by the De- partment of Transportation crossing Garden Street and is an extension south to the Appli- cant's property lime. Said extension is to serve the need of said development and must be extended across Jones Road to facilitate the services of light industrial purposes. Said track is an extension being two miles in length. Safety and signalization. To meet the required safety standards of the State of Florida, Applicant agrees to install cantalevered flashing lights and bells, side mounted, which are referred to as Type 2 installation. Applicant also agrees to provide sign and pavement markings as specified in MUTCD. The parties agree that said construction of signal device will provide the required public safety. The present anticipated need of such crossing of the Applicant are for one train per day rail traffic in and out. Jones Road is a two-lane rural road with posted speed limits of 45 miles an hour. As to the construction. Said plans have been presented and approved by the City Engineer, Jacksonville, Florida. Applicant agrees to pay for the installation and maintenance of signalization. Approximately $35,000 for the installation and $3,000 per year maintenance. Applicant agrees that it is a quasi-public corporation existing in perpetuity. Applicant agrees to abide by the rules and regulations of the Department of Transportation and laws of the State of Florida, as well as the ordinance code of the City of Jacksonville." The facts as outlined in the stipulation of the parties are the Findings of Fact of the Hearing Officer.
Recommendation Issue the required permit. DONE and ORDERED this 25th day of July, 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 Julie H. Kuntz, Esquire American Heritage Life Building Jacksonville, Florida
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.
Findings Of Fact Petitioner, the Deltona Corporation, is managing a development known as Rotonda owned by Cape Cave Corporation and desires to open two at-grade railroad crossings from this development to SR 771, the major road providing access to and from the development. Both of these crossings were previously approved by the railroad and the county agreed to maintain the crossings once installed. However Petitioner desires to relocate the crossing previously existing at Rotonda Boulevard 50 feet to the north and change Ingram Boulevard crossing to a four lane road. The proposed crossing at Ingram Boulevard is some 2300 feet north of Rotonda Boulevard. The hurricane evacuation route for the people in the area to SR 771 is over Rotonda Boulevard. Most of the lots in the Rotonda development have been sold and the developer is not in the process of installing the streets. It is Petitioner's position that the additional crossing at Ingram Boulevard is needed to provide egress for the Rotonda residents when the other crossings congested with hurricane evacuation traffic. Neither of the roads involved approach the railroad at a right angle. Proceeding northeast Rotonda Boulevard parallels the railroad until just before reaching the point of crossing when Rotonda Boulevard turns 60 degrees to 70 degrees to the right. The track is then crossed at an angle of some 30 degrees from normal. The approach at Ingram Boulevard turns about 30 degrees to the right when proceeding eastward and the road then crosses the track nearly normal thereto. Additionally Antilla Drive joins Rotonda Boulevard at the point Rotonda turns right to cross the track thus creating a Y intersection immediately before the crossing. The view of the crossing at Rotonda Boulevard East is obstructed to some extent by vegetation and the angle of the crossing further impedes the safety features of this crossing. The approach to the Ingram boulevard crossing from SR 771 is nearly normal and from the development the angle is about 30 degrees. Accordingly the Ingram crossing, assuring proper signaling devices are installed, would provide the safer crossing. The SAL track here involved is infrequently used, with only one or two trains per day and the train speed is restricted to slow. Respondent, in regulating the crossings, prefers to have adjacent crossings of a track separated by considerably greater distances than one-half mile.
Findings Of Fact In 1927, the City of Haines City and the Atlantic Coastline Railroad Company entered into a written agreement to construct a crossing at Charles Street, now known generally as Currie Street. The city expended public funds in the construction of the crossing. The construction agreement contained no termination date and the crossing has been open and in use since its construction in 1927. The crossing is one of seven inside the city limits which are located along a two mile length of track. The track services four (4) passenger trains and ten (10) freight trains daily. While the train speed limit at the Charles Street crossing is seventy miles per hour for passenger trains and fifty miles per hour for freight trains, it is not possible for trains traveling at such speeds to stop quickly in the event of a blockage on the track. A passenger train would require approximately three quarters of a mile to stop while a freight train would require roughly one mile. Passenger trains primarily utilize the track during the day while freight trains utilize the track during an entire twenty-four hour period. Safety is the main factor considered by the Department in determining whether to open or close a railroad crossing. The Charles Street crossing is somewhat dangerous because of its "Z" shaped design which requires cars approaching the crossing to travel parallel to the tracks, thus hindering visibility. Visibility on the west side of the crossing is restricted because of the presence of an overpass and bridge piers. While visibility is impaired to a degree by the piers, a driver approaching the crossing has an adequate line of sight in both directions. The approach to the crossing is extremely rough and traffic by necessity crosses Charles Street at very low speeds. The crossing is not heavily utilized by vehicular traffic. Additionally, traffic noise from the nearby overpass could blend with a whistle signal thus causing a safety problem. However, on the days when readings at the crossing were taken, the adjacent noise level did not drown out the train whistle. In the opinion of the Department's Railroad Committee, the occurrence of accidents at the crossing is not required before the Committee determines a particular crossing to be hazardous. The Department also considers the need for emergency services and fire and police protection in determining whether to recommend closure. The proposed alternate crossing, McKay Street, is closer to the fire and police departments than Charles Street. However, because locomotives sometimes block the McKay Street crossing to service several industries located east of the crossing, 1/ emergency vehicles attempting to service certain residential areas would be required to travel an added distance of as much as two miles. Although the Railroad plans to install motion sensor devices, it does not appear that such devices would be satisfactory in a situation where a train was totally blocking a crossing. Although the railroad has a procedure for moving trains in emergency situations, it would be quicker to travel the approximate four minutes it could take to cover the added two miles rather than utilize the existing procedures. Moreover, response time is a factor in determining fire safety and is of added importance in this case because of the type of housing located in the area. Because of these factors, it appears that the closing of Charles Street could unduly inhibit the movement of emergency type vehicles. The alternative McKay Street route proposed by the Department and Railroad is through an existing residential area. McKay Street was neither designed nor built to accommodate heavy truck traffic. Additionally, a city ordinance prohibits driving semi-trucks through a residential area. The businesses utilizing the Charles Street crossing include a carnival operator and an automobile garage. Both businesses require the use of heavy equipment and trucks. McKay Street is not a viable alternative route for these businesses because of the cities prohibition on use of McKay Street for truck traffic and the manner in which the street was constructed. If the ordinances were not amended, these property owners and possibly others could lose lawful access to their property and businesses. The Department's Railroad Committee which recommends which rail/highway crossings should be closed, considers the existence of a feasible or viable alternate route to be critical to the recommendation regarding closure. If a viable alternate route does not exist, the committee would not recommend that a crossing be closed. While the Charles Street crossing has a number of features which could increase the chances of an accident occurring at the crossing, no such accidents have occurred.
Recommendation Based upon the above Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Petition of the Florida Department of Transportation and Seaboard Coast Line Railroad Company, Inc., to close the rail/highway crossing at Charles Street is DENIED. DONE and ORDERED this 25th day of August, 1980, in Tallahassee, Florida. SHARYN L. SMITH, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
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.
