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 At issue herein is whether or not the City's application to open an at- grade crossing at NE/NW 2nd Street, Boca Raton, Florida (Milepost 324 + 2350') should be granted and is in keeping with the dictates of Section 338.21, Florida Statutes, and Chapter 14-46.03(2)(a), Florida Administrative Code.
Findings Of Fact Based on a careful consideration of the testimony of the witnesses and their demeanor while testifying, the documentary evidence and the other arguments of counsel, ,the following relevant facts are found. The City of Boca Raton filed an application to open an at-grade railroad crossing at NE/NW 2nd Street, which is situated at Railway's Milepost 324 + 2350' and the Florida East Coast Railway Company filed an application to close Palmetto Park Road at-grade crossing, which is situated at Milepost 324 + 2988'. Due to the close proximity of the two crossings, a joint hearing was held. The Railway, in filing its application to close Palmetto Park Road, noted that its application was alternative to and contingent upon the granting of the City's application to open NE/NW 2nd Street. The Railway's position is that one of the two crossings is adequate. The Applicant's position respecting this application was presented through Mr. John Carroll, City Engineer since approximately September of 1977, and Mr. Joseph Pollack, P.E., of Kimley-Horn and Associates. Palmetto Park Road is a major east/west arterial road serving the City. The most recent traffic counts for Palmetto Park Road in May, 1978, indicate a peak traffic count of approximately 24,000 vehicles per day at the intersection of Palmetto Park Road, Dixie Highway and the existing crossing. This represents a volume/capacity ratio for that intersection of approximately 1.35 or approximately 35 percent greater than the designed capacity for the intersection. Such a condition is known as "forced flow." Based thereon, the City argues that there have been an increasingly high number of vehicle-to- vehicle and vehicle-to crossing gate accidents at the subject intersection and crossing. Thus, for example, the City points out that during calendar year 1977, the most current year that statistics were available, there were eighteen accidents at the intersection and crossing, with seven of those accidents directly involving the crossing gates closing on vehicles waiting to clear the crossing (See City Exhibit 10). According to Dr. Carroll, several additional crossing gate accidents were never reported. The West Palm Beach Urban Area Transportation Study (WPBUATS) indicates a 1955 traffic volume on Palmetto Park Road of 18,000 vehicles per day and 1990 traffic volume of 26,000 vehicles per day (City's Exhibits 4A, 4B, 5A and 5B). Such projections are based upon the City's construction of alternate east/west corridors which are not now in existence and, if such alternative routes are not constructed, the above projected traffic volume increases would be greater. Without question, the NE/NW 2nd Street project would reduce congestion on Palmetto Park Road. Testimony introduced during the hearing reveals that the NE/NW 2nd Street project will draw approximately 4,000 vehicles per day from Palmetto Park Road. If such reduction results, the volume/capacity ratio on Palmetto Park Road at the existing crossing and Dixie Highway intersection would reduce the current "forced flow situation to its approximate designed capacity. During the hearing, testimony was submitted to the effect that in addition to eliminating the "forced flow" condition at Palmetto Park Road, the subject project will facilitate emergency vehicle response time, would be more convenient to citizens desiring access to the central business district and would, if calculated, result in a fuel consumption saving. The NE/NW 2nd Street project was first envisioned by the City in 1964 and since that date, the City has acquired substantial amount of the necessary rights-of-way to accomplish completion of this project. Specifically, in 1973, the City acquired rights-of-way between Federal Highway and First Avenue, and in 1974 and 1976, the City required certain developers to dedicate other necessary rights-of-way. In September, 1977, the City's electorate approved a bend issue totaling $1,770,000 for road improvements, which included $448,000 for the NE/NW 2nd Street project. Mr. Pollack testified credibly that his firm designed the NE/NW 2nd Street project and the crossing to meet all applicable design safety criteria. The Railway's opposition to the opening of a crossing at NE/NW 2nd Street was based partially upon the close proximity of the proposed crossing to the existing crossing at Palmetto Park Road and also upon the Railway's opinion that opening of the NE/NW 2nd Street crossing would do little in terms of reducing the over-utilization of the crossing at Palmetto Park Road. 10. It was noted during the hearing that by 1990, the average traffic vehicle using the Palmetto Park Road crossing will approach 30,000 vehicles. It is undisputed that the additional crossing at NE/NW 2nd Street will draw vehicles from the Palmetto Park Road crossing. In terms of alternative routes, the City conducted feasibility studies which reveal that either in terms of widening Palmetto Park Road or alternatively constructing an above-grade crossing at the Railway's mainline track, both alternatives are prohibitive in terms of cost and thus, not feasible. The prohibitive costs stem from the fact that the property abutting Palmetto Park Road in the close proximity of the existing crossing is presently developed for commercial uses. Finally, all parties agreed that regardless of whether the proposed NE/NW 2nd Street crossing application was granted, the closing of Palmetto Park Road would be disastrous.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby, RECOMMENDED: That the application of the City of Boca Raton to open an at-grade crossing at NE/NW 2nd Street (Milepost 324 + 2350') be GRANTED. It is further recommended that the application of the Railway to close the Palmetto Park Road at-grade crossing (Milepost 324 + 2988') be DENIED. RECOMMENDED this 25th day of June, 1979, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
The Issue The issue for consideration in this case is whether the at- grade railroad crossing over the CSX railroad tracks located at Mottie Road in Gibsonton should be closed.
Findings Of Fact At all times pertinent to the issues herein, the Respondent, CSX Transportation, Inc. operated a railroad running generally north and south through the city of Gibsonton, located in Hillsborough County, Florida. The Department of Transportation is the state agency responsible for the licensing and permitting of at-grade railroad crossings located on the public roads of this state. The Petitioner, Concerned Citizens of Gibsonton Area, Inc. is a private citizens group whose purpose is the betterment of living conditions in the community. The at-grade crossing in issue is located where Mottie Road crosses the CSX tracks in Gibsonton. On January 26, 1996, CSX submitted an application to the Department to close the Mottie Road crossing. That crossing was one of three crossings proposed for closing. Pursuant to the requirements of the Department, a public hearing was conducted on the closings at which the railroad presented its proposal and affected citizens were given an opportunity to submit matters in opposition to the closings. On April 25, 1996, after a review of the matters submitted by the applicant and by the public at the hearing held for that purpose, the Department issued the instant Intent to Issue permit. There is only one track at the Mottie Road crossing. Mottie Road is paved and is approximately twenty feet wide at the crossing. It supports an average daily traffic of approximately 434 vehicles per day. It is, primarily, a rather short residential street though it does carry some commercial traffic. It runs east and west. One end of Mottie Road ends where it intersects with Roosevelt Road on the east and the other ends at US Highway 41 just west of the crossing. The crossing has no active signal, but motorists are advised of the crossing by cross-bucks at each side. Nundy Avenue is the east-west roadway just north of Mottie Road. Whereas Mottie Road runs for only several blocks, Nundy Avenue runs from Lula Street, a north-south street west of US Highway 41, east to its intersection with East Bay Road, almost out to Interstate Highway 75. Nundy Avenue is the first east-west thoroughfare south of Gibsonton Drive, which intersects with Interstate Highway 75 to the east of town. It is primarily a two lane residential road. The Gibsonton shopping area is located primarily on Gibsonton Drive east of US Highway 41. The crossing at Nundy Avenue is presently guarded by cantilever flashing lights. These lights are scheduled to be upgraded to flashing lights and gates sometime during 1997. The average daily traffic count on Nundy Avenue is 2,948 vehicles, including 21 school busses. Nundy Avenue is rated for 5,000 vehicles per day. It can handle without difficulty any through traffic diverted from Mottie Road by virtue of the proposed closing of the crossing. Petitioners object to the closing of the Mottie Road crossing for several reasons, the primary of which is safety. According to Operation Life Saver, a non-profit organization, eighty percent of car/train accidents are due to driver error - stupidly driving across the tracks. Mr. Johnson, a member of the Petitioner and its spokesman at the hearing, contends that closure of the Mottie Road crossing will stop the crossings but it will also increase traffic at other crossings which will increase driver frustration. Mr. Johnson notes that the wreck of a 100 car train at the crossing at Pennsylvania Street, just south of the Alafia River not far north of town, would block traffic down through the Nundy Avenue crossing, but would not block the Mottie Road crossing. In the event Mottie Road were closed, however, that same wreck would cause an increase in emergency response time by eight to ten minutes. This could result in elderly people residing on Mottie Road who need life support having no way to get out in the event Roosevelt Road were also blocked by an accident. The likelihood of this combination of events is remote. The closest emergency medical service facility is located at the fire station on Gibsonton Drive. If that one was blocked due to a closing of Mottie and Roosevelt, the next closest facility is in Riverview, north of the Alafia River, or at Apollo Beach, six or seven miles south on US Highway 41. Mr. Johnson contends that safety is not the real reason CSX wants to close the crossing at Mottie Road. He claims the purpose is to save CSX money. No evidence was produced to support that contention however. Mr. Johnson also questions the accuracy of the traffic counts and the other statistics weighed by the Department in its evaluation of the application. The crossings were evaluated in the summer months when the population of Gibsonton is approximately 7,000 people. In the winter months of December through early March, the population doubles to almost 14,000 people, he claims. A large segment of this increase is due to the winter influx of carnival people who have large trucks and show equipment which requires a larger turning radius than a semi-trailer. As many as thirty large rigs come and go in that area each season. He asserts that Nundy Avenue is dangerous for trucks to use because the ditch banks beside the road are narrow and deep. Turning onto Mottie Road is easy. Turning onto Nundy Avenue is not. Again, no evidence was presented in support of this contention. Another objection to the closing of Mottie Road is raised by Robert A. Wood, a senior deacon at the neighborhood church. He contends that the closing will interfere with business in the church located at the corner of Church Street and Payne Avenue, currently accessible to a large portion of the congregation who come to church through Mottie Road. Echoing the concern of Mr. Johnson, Mr. Wood cites the occurrence of an accident at Nundy Avenue and Roosevelt Road, and contends that such an accident would make it impossible for people to get out if Mottie Road were blocked. Mr. Wood also notes that the railroad bridge over the Alafia River is low and is opened three or four times a day. When trains are stopped south of the bridge because of this, they block all crossings north of Mottie Road. Mr. Wood opines that Nundy Avenue could not handle the extra traffic caused by the closure of Mottie Road without substantial additional modification of its intersection with US Highway 41. Though Mr. Wood is a retired engineer, he has no expertise in traffic management, and his opinions are based primarily on common sense as opposed to engineering practice. A substantial wave of objection to the closure by the residents in the area has been reduced to writing and submitted to the Department and to CSX though it was not presented at hearing. According to Mrs. Martha J. Johnson, vice-president of Concerned Citizens, these concerns were memorialized and furnished to Mr. Webb who was the Department’s point man at the time. Whereas the Department has been responsive, however, the railroad has not. Ms. Johnson is of the opinion that had CSX been more responsive to the community’s expressed concerns, the matter could have been discussed and resolved in an alternative manner. The controversy has come about because of CSX’s attempts to conform to the goals of the Federal Railroad Administration’s stated goal of closing twenty-five percent of all at-grade crossings by the year 2,000. In 1973, the federal Highway Safety Act emphasized crossing accidents and mandated the identification of hazardous crossings to be corrected or closed. The Act provided money to the states to fix or close these crossings, but these funds are not unlimited. From 1973 to the mid-1990’s the fatality rate dropped by fifty percent as a result of these efforts, but now appears to have leveled off. This has led to the conclusion that lights and gates are not the whole answer. Crossings have to be converted to overpasses or closed. Mottie Road is not active enough a road to justify an overpass, and in addition, the physical layout of the area will not support an overpass. As a result, the logical solution is closure. A legislative study done in 1994 revealed that there is an excessive number of crossings and recommended closing some of them. The instant closing proposal is a part of that effort. It costs the railroad approximately $800 per year to maintain this crossing. If signals were installed, (flashing lights), the yearly maintenance cost would increase to $1,500, and the installation of the lights and gates would cost an initial $100,000 to 150,000. Mr. Wollenzein, the railroad’s public projects engineer, looks at several hundred crossings per year from the standpoint of number of vehicles, speed of vehicles, type of vehicles, train traffic, train speed and the distance of one crossing to the next closest crossing. In the instant case, the vehicular traffic amounts to slightly under 500 vehicles per day, and there are five trains per day through the crossing each way. Trains are limited to a maximum speed of 40 mph through the crossings. In Mr. Wollenzein’s opinion, safety of rail and vehicular traffic would be enhanced if this crossing were closed. Closure would be the absolute prohibition of traffic through the crossing and without traffic, there can be no accidents. He drove the area and concluded there were several practical alternative routes which would compensate for the closing of the Mottie Road crossing. Though he cannot be certain closure would not interfere with emergency vehicle service, he does not believe it would. The fire department is located on Gibsonton Drive, east of US 41, co-existing with the EMS facility. Support for the closing also comes from Jack Webb, formerly with the Department and now a transportation engineer employed by the Texas Transportation Institute. Ninety percent of his work deals with railroads and crossing devices, tying those signals into the traffic system. Mr. Webb looked at the Mottie Road crossing site on several occasions, the first time being in September 1995 when some Department employees were evaluating potential closure sites. The Department decision to permit closure was made only after a thorough study of the site and public hearings to afford the public an opportunity to submit matters relating to the proposed action. When the Department contemplates closing an existing crossing, it considers alternate access, traffic, warning devices and the like. Based on the information he was able to gather on this crossing, Mr. Webb concluded there was a viable alternative to the crossing at Mottie Road; the one at Nundy Avenue. The Mottie Road crossing is a timber crossing which is in fair condition. There was no significant rust on the rails nor cracking of the timbers. There was, however, some minor cracking with wear on the timbers. Nundy Avenue, he opines, can handle from four to five thousand vehicles per day, and in his opinion, closing Mottie Road would not overtax Nundy Avenue. Mr. Webb also calculated the additional response times which would be occasioned by closing Mottie Road. According to his figures, EMS support from the Gibsonton Drive fire station would come off Nundy Avenue. Police response time to a critical point on US Highway 41 just east of the crossing on Mottie Road was 1.5 additional minutes from the south, and 45 seconds from the north. A critical point is that point in the neighborhood where additional response time would be the longest. Mr. Webb also checked with EMS, the fire department and the police about response times. The Hillsborough County Sheriff’s Department estimated that closure of the Mottie Road crossing might slow up their response times slightly from the south but not when coming from other directions. A fire department official opined that additional response time from the Gibsonton and Riverview stations would be nil, and that there would be an additional three to four minutes to come from Summerfield. EMS officials at the Gibsonton station indicated closure would have no impact upon their operation. The EMS official at the central dispatch office indicated the potential for detriment to their operations would be low even from the other stations. Mottie Road is not on a school bus route and bus transportation was not likely to be affected. At the public hearing on this matter some objections were voiced. As a result, the Department reevaluated all 3 crossings proposed for closing. On two of the three, valid arguments against closure were propounded, but neither related to Mottie Road. In the case of Mottie Road, the railroad agreed to construct a pedestrian crossing there even if the vehicle crossing were closed. The Department also considered the issue of turning radii for trucks as encouraged by the public comment. After visiting the site on several different occasions, and measuring the turning radius availability for trucks with fifty feet between axles, Department officials identified but one problem area located at the intersection of Nundy Avenue and Roosevelt Road, and as a result, indicated that the Department would widen the road there to accommodate the trucks’ turning radii without the need to acquire additional property. The Department also found that there is a shopping center on US Highway 41 about one-half mile south of Mottie Road. The Post office is located there as well, but closing Mottie Road would not have any major impact on access to that facility. Based on all the above, Mr. Webb concluded that closure was appropriate. It is so found.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Transportation enter a Final Order granting permission to CSX Transportation, Inc., to close the at grade vehicular crossing over its track at Mottie Road in Gibsonton, subject to the railroad’s agreement to maintain a pedestrian crossing there and to upgrade the vehicular crossing at Nundy Avenue. DONE and ENTERED this 5th day of June, 1997, in Tallahassee, Florida. ARNOLD H. POLLOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1997. COPIES FURNISHED: Albert S. Johnson Qualified Representative Jeanie Johnson Second Vice President Concerned Citizens of Gibsonton Area, Inc. Post Office Box 1304 Gibsonton, Florida 33534 Steven H. Shook, Esquire CSX Transportation, Inc. Law Department, J - 150 500 Water Street Jacksonville, Florida 32202 Charles G. Gardner, Esquire Department of Transportation Mail Station 58 605 Suwannee Station Tallahassee, Florida 32399-0450 Ben G. Watts, Secretary Department of Transportation Attention: Diedre Grubbs Mail Street 58 605 Suwannee Street, Suite 535 Tallahassee, Florida 32399-0450 Pamela Leslie General Counsel Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450
The Issue Whether the Petitioner, CSX Transportation, Inc., is entitled to close an at-grade railroad crossing on Country Lane in Santa Rosa County, Florida?
Findings Of Fact The Parties. CSX Transportation, Inc. (hereinafter referred to as "CSX"), operates a railroad which runs essentially east-west through Santa Rosa County, Florida. The Department of Transportation (hereinafter referred to as the "Department"), is charged pursuant to Section 335.141, Florida Statutes, and Rule 14-46.003, Florida Administrative Code, with responsibility for authorizing the closure of public railroad crossings. The Respondents who appeared at the final hearing of these cases live and their addresses in Santa Rosa County are as follows: Clyde L. & Susan S. Godwin 3321 Hudson Bend India B. McLeod 900 North 21st Avenue Earl W. & Zanola R. Gatewood 1361 Tinsley Road Lucille Williams Gatewood 5212 Tinsley Road Mary W. Henderson 3480 Country Lane Clifton D. & Christa Childers 1013 North 16th Avenue Respondents John F. and Katherine H. Edwards live at 2401 Old Military Road, Mobile, Alabama. They own a house on Santa Cruz Boulevard in Santa Rosa County. CSX's Application. On or about April 29, 1993, CSX filed a Railroad Grade Crossing Application (hereinafter referred to as the "Application"), with the Department. DOT Exhibit 1. Pursuant to the Application, CSX sought permission from the Department to close an at-grade railroad crossing (hereinafter referred to as the "Crossing"), located on Country Lane, at railroad mile post SP 664.46 in Santa Rosa County, southwest of Milton, Florida. The Crossing has been designated as "339760G" by the Department. The Crossing runs in a northeast-southwest direction. An "at-grade" railroad crossing is a railroad crossing where the railroad track and a road crossing meet at the same plane or grade. On or about September 24, 1993, the Department issued an Intent to Close Permit approving the Application. DOT Exhibit 2. The Respondents timely filed petitions challenging this proposed agency action. The Crossing. Approximately 8 freight trains use the Crossing daily. Additionally, 2 passenger trains use the Crossing three times a week. The freight trains carry hazardous materials. The evidence, however, failed to prove how often. During a twenty-four hour period, approximately 112 vehicles drove over the Crossing on Country Lane. There are no flashing lights or gates located at the Crossing. There are no plans in the immediate future to add gates or lights at the Crossing. Existing warnings at the Crossing consist of a round, yellow warning sign and a "crossbuck" warning sign just to the north and to the south of the Crossing. These signs, because of trees, are not visible to vehicular traffic on Country Lane until just before reaching the railroad tracks. Traveling to the south on Country Lane, there is little visibility of the tracks due to vegetation. Traveling to the north on Country Lane, there is slightly more visibility. There are sharp drops in elevation on both sides of Country Lane immediately to the north of the railroad tracks. A vehicle could easily become stuck if it were to drive off the road at this location. Passenger trains travel at a maximum speed of 59 miles per hour at the Crossing and freight trains travel at a maximum speed of 49 miles per hour or 25 miles per hour it carrying hazardous material. The Area Surrounding the Crossing. The road that intersects the Crossing is Country Lane: Country Lane runs north-south from County Road 191A in the north to Santa Cruz Boulevard in the south. Country Lane is approximately 1.1 miles long from County Road 191A to Santa Cruz Boulevard. It is approximately .15 mile from County Road 191A to the Crossing. Country Lane is paved from County Road 191A to just south of the Crossing. The rest of Country Lane is a dirt road. Country Lane is approximately 12 to 14 feet wide. There are approximately 14 homes on Country Lane and two short roads that begin and end on County Lane: Hudson Bend Road and Solor Drive. Approximately .20 mile south of 191A, Country Lane intersects with Tinsley Road: Tinsley Road is a poorly paved county road, approximately 12 feet wide. Tinsley Road runs east-west from Country Lane in the east to County Road 281 in the west. There are approximately six houses on Tinsley Road. County Road 191A is a two-lane, paved road that runs northeast- southwest. To the northeast, County Road 191A goes to Milton. To the southwest, County Road 191A intersects with County Road 281. County Road 191A is a two-lane, paved road, approximately 20 to 22 feet wide with 6 feet wide shoulders. County Road 281 runs north-south, from County Road 191A in the north, to the south over a bridge spanning Mulatto Bay, and then runs to the east to County Road 281A. County Road 281 is a two-lane, paved road, approximately 20 to 22 feet wide with 6 feet wide shoulders. County Road 281A runs north-south. In the south, County Road 281A intersects with Interstate 10. In the north, County Road 281A intersects with County Road 191A. It is also connected to County Road 191A, south of its northern intersection with County Road 191A, by County Road 191B. County Road 281A crosses the CSX railroad line that runs to the Crossing. County Road 281A crosses the railroad line by an overpass. Access to Country Lane and the Surrounding Area. Vehicles, including emergency vehicles, coming from the northeast down County Road 191A may access the fourteen houses located on Country Lane, Hudson Bend Road and Solor Drive by using Country Lane and crossing the railroad at the Crossing. If the Crossing is closed, vehicles coming from the northeast down County Road 191A are required to travel to County Road 281, go south on County Road 281 across the railroad to Tinsley Road and then east on Tinsley Road to Country Lane (hereinafter referred to as the "Alternative Route") to access thirteen of the houses on Country Lane, Hudson Bend Road and Solor Drive (the fourteenth house is located to the north of the railroad). It is approximately one fourth of a mile from the intersection of County Road 191A and Country Lane around to Country Lane south of the Crossing via the Alternative Route. Driving the speed limit, it takes just over one minute to drive the Alternative Route. The Alternative Route can accommodate the additional traffic that would result from closure of the Crossing. Country Lane may also be accessed from the south by taking County Road 281A to County Road 281, traveling west and then north to either Santa Cruz Boulevard or Tinsley Road, and then east to Country Lane. There is a fire station located northeast of Country Lane on County Road 191A. The fire station is approximately 1 mile from the junction of County Road 281 and County Road 191A. It takes approximately 1 minute and 36 seconds to drive, at the posted speed, from the fire station to Country Lane. It takes approximately 2 minutes and 30 seconds to drive from the fire station to Country Lane using the Alternative Route. If the railroad crossing at County Road 281 were closed, traffic coming from the northeast may return northeast on County Road 191A, east on County Road 191B, south on County Road 281A, west and then north over Mulatto Bay on County Road 281 to Santa Cruz Boulevard or Tinsley (hereinafter referred to as the "Southern Route). From the fire station to Country Lane via this route is approximately 4.7 miles and takes approximately 6 minutes and 18 seconds to drive at the posted speed. From the north of the railroad crossing on County Road 281 via this route is approximately 6.2 miles. Emergency vehicles would not be restricted to traveling at the posted speed limits. The potential for a vehicle finding access to Country Lane and the surrounding area blocked from the north because of a train halted at the railroad crossing will be increased if the Crossing is closed. Currently, if the Crossing is blocked by a train, vehicles can use the Alternative Route and, if the crossing on County Road 281 is blocked by a train, vehicles can use the Crossing. If the Crossing is closed and the crossing at County Road 281 is blocked, vehicles may be required to use the Southern Route. The evidence failed to prove how often this happens. If the Crossing is not closed and both the Crossing and the crossing on County Road 281 are blocked by a train at the same time, there will be no access from the north and vehicles may still have to use the Southern Route. At least one of the Respondents has witnessed both crossings being blocked at the same time. Although trains may block the crossing at County Road 281 for 10 to 15 minutes, they do so rarely. It is more likely that traffic may be blocked from 5 to 10 minutes while train cars are being dropped off at a plant located on a spur of the railroad located to the west of the Crossing. If the Crossing is closed and both the crossing at County Road 281 and the bridge on County Road 281 are blocked, residents will not be able to evacuate from Country Lane or the surrounding area. The evidence, however, failed to prove the probability of such an event or the probability that residents would have to be evacuated. The evidence failed to prove that, while there may be some inconvenience to the Respondents if the Crossing is closed, the inconvenience will be significant. Two acceptable, alternative routes for access to the area exist and those routes can handle any additional traffic caused by closure of the Crossing. Safety. Railroad crossings are potentially dangerous. If an accident takes place at a railroad crossing, the adverse consequences are, more often than not, extremely severe. The evidence in this case failed to prove that there have actually been accidents at the Crossing. Comments concerning possible accidents at the Crossing were not made during sworn testimony. Because of the conditions at the Crossings (lack of warning devices, excessive vegetation causing lack of visibility, and the poor condition of the road surface), the potential for an accident at the Crossing is high. Cost Required to Improve the Crossing. It would cost in excess of $80,000.00 to add warning lights and gates to the Crossing. It would cost approximately $20,000.00 to improve and widen Country Lane. Emergency Vehicles. Emergency vehicles which may need to access the area south of the Crossings will come from the northeast toward Milton. If the Crossing is closed, emergency vehicles can use the Alternative Route or the Southern Route. The evidence failed to prove that response times will be significantly impacted by closure of the Crossings.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a Final Order dismissing the petitions in this case and approving the application of CSX Transportation, Inc. DONE AND ENTERED this 31st day of May, 1994, in Tallahassee, Florida. LARRY J. SARTIN 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 31st day of May, 1994. APPENDIX Case Numbers 93-6253 through 93-6262 CSX Transportation, Inc. and Mr. Edwards have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. Mr. Edwards' Proposed Findings of Fact Accepted in 5 and 9. Accepted in 9. Accepted in 11, 23-25 and 35. 4. Accepted in 10-11, 16, 21, 32, 35-37 and 40-42. 5. Accepted in 38-19 and hereby accepted. The CSX's Proposed Findings of Fact These paragraphs are a correct summary of events at the final hearing. See 17-35. The last sentence of the first paragraph is not supported by the weight of the evidence. The last two sentences of the second paragraph are not supported by the weight of the evidence. See 29. Not supported by the weight of the evidence. COPIES FURNISHED: Ben G. Watts, Secretary Attn: Eleanor F. Turner, M.S. 58 Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0450 Thornton J. Williams General Counsel 562 Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0450 Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street Haydon Burns Building, M.S. 58 Tallahassee, FL 32399-0458 Stephen H. Shook, Esquire CSX Transportation Law Department 500 Water Street Jacksonville, FL 32202 Clyde L. & Susan S. Godwin, pro se 3321 Hudson Bend Milton, Florida 32583 India B. McLeod, pro se 900 N. 21st Avenue Milton, Florida 32583 Earl W. & Zanola R. Gatewood, pro se 1361 Tinsley Road Milton, Florida 32583 John F. & Katherine H. Edwards, pro se 2401 Old Military Road Mobile, Alabama 36605 Lucille Williams Gatewood, pro se 5212 Tinsley Road Milton, Florida 32583 Mary W. Henderson, pro se 3480 Country Lane Milton, Florida 32583 Clifton D. & Christa Childers, pro se 1013 N. 16th Avenue Milton, Florida 32583 Steve & Laura House 3251 Country Lane Milton, FL 32583 Mark W. & Patti J. Gatewood 3361 Hudson Bend Milton, FL 32583 Ms. Jane McMillan Greenwood 4884 Mulatto Bayou Drive Milton, FL 32583
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
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
The Issue Whether a permit should be granted for a public-at-grade rail/highway crossing by new rail construction 50 feet north of Seaboard Coast Line MP SVC 855, Ft. Green Springs Road, Hardee County, Florida, Section 0600-6605, State Road 663.
Findings Of Fact After the hearing was called to order the parties called for a recess and after the recess the following stipulation was agreed to: There is a need for the subject crossing to serve the applicant's mining operation. The new rail construction is needed to move rock from the mine to applicant's other plants. It was further agreed that the applicant, C. F. Mining Corporation, will Provide the installation of side mounted flashing lights and ringing bells, and advance warning disks with flashers and pavement markings as outlined in Part 8 of the Manual of Traffic Control Devices. The applicant, Hardee County, as a part of its overall road program will police the crossing and notify the applicant's mining corporation of any defective operation in the signalization. The permit would provide a way for an industrial spurline to come off the main track of Seaboard Coast Line Railroad across Fort Green Springs Road into the C. F. Mining Corporation plant. The Seaboard Coast Line Railroad did not appear at the hearing and made no objection to the granting of the permit. The need for the crossing has been established and proper precautions for public safety are planned.
Recommendation Grant the permit as Requested. DONE and ORDERED this 22nd day of November, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 Philip S. Bennet, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 David Ashby, Chief Engineer C. F. Mining Corporation Post Office Box 1849 Bartow, Florida 33830 Eugene R. Buzard, Esquire Seaboard Coast Line Railroad Company 500 Water Street Jacksonville, Florida 32202
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts are found: On March 31, 1978, Okaloosa County submitted its application for the opening of a public at-grade rail/highway crossing by new roadway construction at Berry Street in Holt, Florida. The crossing is proposed to be furnished with flashing lights. Eight regularly scheduled trains, and an occasional unscheduled train, travel through Holt on a daily basis at an approximate speed of 40 miles per hour. Located approximately 600 feet to the west of the proposed Berry Street crossing is the Main Street crossing, which receives the majority of the traffic in the area -- about 600 crossings per day. No evidence was adduced which illustrated that there was any problem with traffic flow on or near the Main Street crossing. Beyond the Main Street crossing, about 400 feet to the west, is the Johnson Street, also known as the Post Office Road, crossing, which has only about 175 crossings per day. Log trucks, industrial vehicles and school buses currently utilize the Johnson Street crossing, which has been in existence for about 58 years. Berry Street, a partly paved road, provides direct access to the Holt school and the Holt Assembly of God Church. The proposed Berry Street crossing would be within the school's warning zone. School buses presently utilize the Johnson Street crossing, located approximately 1,000 feet west of the proposed crossing. The community of Holt and nearby communities have experienced two derailments of trains with accompanying explosions or leaks of toxic chemicals in the past two years. These accidents necessitated the immediate evacuation of the citizens of Holt for several days.
Recommendation Based upon the above findings of fact and conclusions of law, it is RECOMMENDED that the application of Okaloosa County to open a rail/highway crossing at Berry Street be DENIED. Done and entered this 24th day of October, 1979, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: John R. Dowd Post Office Box 1964 207 Florida Place Ft. Walton Beach, Florida 32548 Philip S. Bennett Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32304 Dawn E. Welch Beggs and Lane Post Office Box 12950 Pensacola, Florida 32576 Secretary William N. Rose Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32304
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
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. /
