The Issue Whether there should be an opening of a public at grade rail-highway crossing by new roadway construction at Everglades Boulevard-State Road 710- Section 91000-6604, Okeechobee County Parcel 1 (right of way XSO-8).
Findings Of Fact An application for an opening of a public at-grade rail-highway crossing by new roadway construction was submitted by Okeechobee County through its agent Moseley Collins, P. E., County Engineer. The crossing location is southeast of the city of Okeechobee, Florida. The local popular name of the street is Everglades Boulevard. The proposed crossing is across the tracks of the Seaboard Coastline Railroad at Seaboard Coastline milepost 911.93. The crossing would serve a growing subdivision approximately three (3) miles wide and nine (9) miles long, an area in which approximately 3,000 people live. There is one entrance to the subdivision across Highway 441 South. There is a second grade crossing signalized with crossbucks known as the Hazellieff Road crossing. This crossing does not serve the subject subdivision inasmuch as the road dead-ends after crossing the railroad. There are no current plans to buy up the right of way and extend the road at the Hazellieff crossing. The Seaboard Coastline Railroad would prefer that the Applicant extend the road to serve the subject subdivision. The Hazellieff crossing is approximately one-half mile from the proposed crossing, but the Applicant states that the crossing serves only a few families and the Applicant does not own the right of way across the muck-pitted area and has no plans to extend the road that crosses the railroad at Hazellieff crossing. There is an estimated average daily traffic count of 2,000 cars per day which would use the proposed crossing. There are six passenger train movements every twenty-four hours on the railroad at those crossings. There are six through freights every twenty-four hours and four local freights every twenty- four hours, plus additional extra trains as needed. The speeds range up to 79 miles per hour for passenger trains and 60 miles per hour for freight trains. The passenger trans are the AMTRAK trains. A need has been established for another opening across the railroad because of the long and circuitous route that must be traveled to enter the subdivision. In the event of a storm, there is an additional hazard to the road because of two bridges that must be crossed. The proposed opening would decrease greatly the mileage to be traveled to fire or hospital. The parties agreed that the proper signalization for the proposed crossing would be automatic crossing gates, flashing lights and ringing bells. The Applicant contends that an opening is needed to serve the growing subdivision known as Treasure Island; that the existing crossing is insufficient as far as the safety of the community is concerned and requires a much longer way to be traveled by the residents of the subdivision. The Seaboard Coastline Railroad contends that the existing public opening should be used and right of way bought by the county so that there would not be an additional crossing of the tracks. AMTRAK contends that there should be no new openings across the tracks where the passenger trains attain high speeds unless there is a great need and a study made to see if there cannot be a closing to balance the opening across the tracks. Florida Department of Transportation contends that a need has been established for the crossing and that the parties have agreed that lights, bells and gates are the needed signalization. The Hearing Officer further finds: That a need has been established by the Applicant. That proper signalization includes flashing lights, ringing bells and gates.
Recommendation Grant permit, providing there is a clearance from the Safety Engineer as to the visibility problem pointed out by the Seaboard Coastline Railroad, Respondent. DONE and ENTERED this 15th day of December, 1977, in Tallahassee, Florida. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Daniel H. Brunner, Esquire 955 L'Enfant Plaza, Southwest Washington, D. C. 20024 W. L. Hendry, Esquire Post Office Drawer 1337 Okeechobee, Florida Jack J. Vereen, Jr. Assistant Division Engineer 2206 N. W. 7th Avenue Miami, Florida 33127 DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 =================================================================
The Issue Whether the Florida Department of Transportation should issue a permit for the installation of a railroad crossing in the vicinity of the S.C.L. Railroad Company Milepost, 775 feet North of Milepost SW-873 on the alignment of 12th Avenue, East, Bradenton, Florida.
Findings Of Fact Having heard the testimony of witnesses for the Petitioner and Respondents and the arguments of those witnesses appearing and of counsel for the Department of Transportation on the issues and considering the evidence presented in this cause, it is found as follows: Petitioner, City of Bradenton, Florida is a political subdivision of the State of Florida, duly authorized to establish and maintain city streets within the boundaries of the City of Bradenton, Florida. The City of Bradenton has heretofore filed an application with the Dept. of Transportation of the State of Florida pursuant to Chapter 338.21 Florida Statutes for permission to establish a graded railroad crossing for 12th Avenue East between 9th and 10th street East, a city street, proposed to intersect the Seaboard Coast Line Railroad tracks approximately 775 feet north of Milepost SW-873 of the Seaboard Coast Line Railroad. 12th Avenue would serve that portion of the city which has experienced rapid development and substantial increase in population. An existing crossing on 13th Avenue was technically closed by the city but in fact both public and private use is made of the crossing. The 13th avenue crossing is hazardous as now used and opening a crossing as proposed on 12th Avenue would take most of the pedestrian and vehicular traffic off 13th Avenue, and reroute it to 12th Avenue where the visibility is not restricted. The nearest public crossing is 9th Avenue between seven hundred and eight hundred feet away from 13th Avenue and a crossing is needed nearby. The parties agree that the 12th Avenue crossing is needed and that the 13th Avenue crossing is hazardous. The 13th Avenue crossing will remain a private crossing. The city and the railroad company agree: That a permit should be granted for the 12th Avenue crossing. That the crossing involves a switching operation of ten slow movements or less a day with no night traffic. That heavy use is involved only at the Tropicana plant work-time when employees are going to work or after work. Employees now use the 13th Avenue crossing. That a cross-buck, together with a flagging operation, is sufficient signalization. That a cross-buck together with a flagging operation will still be use at the 13th Avenue private crossing. That the proposed crossing is desirable and necessary and the proposed signalization is sufficient to protect the general public. The city agrees to bear the expense of installing the signalization and maintaining such crossing. The Hearing Officer further finds: The proposed crossing is necessary and desirable. The signalization is adequate as planned, to protect the public. The Petitioner city needs the crossing. The respondent railway company does not oppose the opening providing signalization and mainte- nance be provided by others. The respondent Department of Transportation safety engineer recommends that the permit be granted to open the crossing conditioned on: (a) the use of a flagman, (b) compliance by the city with the Manual on uniform control Devices 2B-42, 2C-31, 3B-16 (painting the railroad crossing sign on pavement, use of railroad warning disk, providing cross-bucks), (c) minimum sight distance, as agreed on by the railroad and Department of Transportation standards, (d) the crossing being constructed and maintained by other than the Department of Transportation. The city Petitioner has agreed to install cross-bucks and to maintain the crossing in safe and usable conditions.
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 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 Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case at Trenton, Florida on July 8, 1980.
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 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 granting or denial of a permit to open a public at-grade crossing as provided by Section 338.21, Florida Statutes, 1977.
Findings Of Fact The Applicant petitions for a public at-grade crossing constructed in the vicinity of Mt. Dora, Florida, and 1,202 feet west of Milepost ATA-794 across the Seaboard Coast Line Railroad Company tracks. The purpose of this proposed crossing is to give public access from State Road 500, also known as Old U.S. Highway #441, to a shopping center, said shopping center containing a Publix Super Market, an Eckerd Drugs and a number of other retail stores to serve the public needs of Mt. Dora; all of the parties hereto having stipulated to the need for said crossing for public access to the shopping center, as the Applicant has no other means of ingress and egress to the shopping center which is completely constructed and ready for opening. The proposed crossing shall be a four-lane drive way, 64 feet in width, with two 24 foot paved access roads and a 16 foot median in the center. There are no permitted public at-grade crossings in the immediate vicinity; however, there are existing private grade crossings on both the east and west boundary of the shopping center which are used by the public. The existing grade crossing on the east is 787 feet from the proposed crossing, being DOT crossing #621-816X; the grade crossing on the west is 430 feet from the proposed crossing, being DOT crossing #621-818L. The Applicant has agreed that the only public access to the shopping center would be across the subject proposed public at-grade crossing and the public and the employees of the Applicant would be prevented from crossing the at-grade crossings on the east and west of the property by a chain-link fence to be constructed across the paved access roads that could allow traffic to use the two existing private at-grade crossings. The chain-link fence on the east side would be solid with no openings; the chain-link fence on the west side would contain an 8 foot gate which would be locked. The sole purpose of the gate would be to provide emergency vehicle access to the city of Mt. Dora for fire trucks, police or other emergency vehicles should the necessity arise for such access. The public would be unable, except in an emergency situation, to obtain access to the shopping center by using the existing private at-grade crossings to the east and west of the proposed public at-grade crossing. Applicant has shown that the shopping center is virtually complete and ready for opening and that there is an economic need and public necessity for said shopping center as shown by the market surveys done by the Applicant, by Publix Super Markets and Eckerd Drugs, and that it would work an economic hardship on the Applicant and deprive the citizens of Mt. Dora from the use of said shopping facilities if the public at-grade crossing is delayed in opening. It has been determined by the Secretary of the Florida Department of Transportation that the immediate installation of the signals called for herein would adversely affect the scheduled installation of signal improvements at grade crossings deemed to have a higher statewide priority. The Applicant has agreed to provide two flagmen to be located at each of the paved entranceways to the proposed at-grade crossing to prevent traffic from entering or leaving the shopping center during train movements. Said persons shall be on duty between the hours of 2:00 P.M. and 8:00 P.M. or dusk, whichever occurs first, which are the hours of train movement across the proposed public at-grade crossing, there being at this time 3 trains per week, resulting in 6 movements over the proposed new public at-grade railroad crossing, with no night train movements and a train speed of 30 miles per hour. Further, said guards or flagmen shall have available to them a manual switch to control the vehicular traffic light on State Road 500, also known as Old U.S. 441, to prevent traffic movement while trains are crossing. The Seaboard Coast Line Railroad has stipulated that they will flag the proposed public at-grade crossing on any train movements other than during the times set forth above; Stipulation is attached hereto and made a part hereof, marked Petitioner's Exhibit 1(a) and (b). The responsibility for the watchmen or flagmen at said crossing would end when the railroad active grade crossing advance warning devices become operational. The Applicant has further agreed to the Department of Transportation's recommendation to install, at the Applicant's cost, Class 4 signal devices with preemption of the vehicular traffic signal on State Road 500, also known as Old U.S. 441. The parties herein have agreed that there is a need for the proposed crossing and have no objection to the proposed crossing and signalization. The City of Mount Dora contends that a second public crossing is needed to serve the public.
The Issue Whether DOT is authorized to revoke sign permits, because the signs are within 100 feet of a state park boundary (but more than 100 feet from the point at which the park boundary intersects the state road right-of-way), where DOT conducted a field inspection before granting the permit applications, which disclosed the general proximity of a park?
Findings Of Fact On January 17, 1985, DOT received Lamar's applications for permits to construct outdoor advertising signs on the east side of State Road 292, about 2,000 feet south of the intersection with old Gulf Beach highway in unincorporated Escambia County. Lamar proposed to erect a steel monopole and mount signs back to back facing north and south 68 feet above ground. A sketch accompanying the applications depicted the proposed site and indicated that a state park (Big Lagoon State Recreation Area) was nearby, without, however, depicting the park boundaries or specifying the distance between the park and the site proposed. Petitioner's Exhibit No. 1. (T.9) DOT's field inspector, who had "only been on the job about a year at the time," (T.9) was unaware of a statutory separation requirement between outdoor advertising signs and state parks when he performed the field inspection and recommended approval of Lamar's applications. After DOT mailed Lamar permits Nos. AP560-35 and AP561-35 in March of 1985, Lamar erected the signs, at the site indicated in the sketch accompanying its applications. The eastern edge of the north-facing sign is 55.4 feet or less from the nearest point on the park boundary. (T.19, 24). The distance from the nearest point of the boundary to the monopole does not exceed approximately 64 feet. Petitioner's Exhibit No. 4. North of the signs the park boundary and the eastern edge of the State Road 292 right-of-way are the same until, 133 feet north of the point on the edge of the State Road 292 right-of-way opposite the monopole, the park boundary jogs east 60 feet, then southeasterly to the county road leading into the park, then easterly along the northern edge of the county road right-of-way, then southerly across the county road on which the park gate stands, then westerly along the southern edge of the county road right of way, and finally southerly to the shore of Big Lagoon. Petitioner's Exhibits Nos. 3 and 4. See Appendix A. When one of Lamar's competitors complained to DOT that Lamar had placed its signs within 100 feet of the park, DOT measured the distance itself and instituted these proceedings. Aside from the statute itself, DOT has no written policy governing measurement of distances between signs and churches, schools or parks. When determining the distance to an intersection or another sign, DOT measures along the edge of the road right-of-way. But, as far as the evidence disclosed, DOT has never measured the distance between a park and a sign along any line other than the one joining the nearest points of the sign and the park boundary.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That DOT revoke permit nos. AP560-35 and AP561-35. DONE and ENTERED this 22nd day of May, 1989, in Tallahassee, Leon County, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of May, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-4047T APPENDIX A * * NOTE: APPENDIX A is a map which is available for review in the Division's Clerk's Office. ON FILE AT THE CLERK'S OFFICE APPENDIX B Petitioner's proposed findings of fact Nos. 1 and 2 have been adopted, in substance, insofar as material, except that the closest point might have been less than 55.4 feet away. Respondent's proposed findings of fact Nos. 1 through 5 have been adopted, in substance, insofar as material, except that the closest point might have been less than 55.4 feet away. With respect to respondent's proposed finding of fact No. 6, the evidence did not establish any "custom of measuring along the right-of-way of the road that the sign faces" to determine whether a sign was within 100 feet of a school, a church or a park. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Robert P. Gaines, Esquire Beggs & Lane Post Office Box 12950 Pensacola, Florida 32576 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450
Recommendation Close existing railroad crossing at Citrus Springs Boulevard and Seaboard Coastline Mile-post 763. DONE and ORDERED this 8th 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: George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 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 James L. Shroads, Esquire 2350 S. W. 3rd Avenue Miami, Florida 33129
