Findings Of Fact On June 18, 1986, Department of Transportation sign inspector observed a sign advertising Michael's Foods along U.S. 19 35 feet east of the edge of the pavement of U.S. 19. The easterly boundary of the right-of-way of U.S. 19 at this location is 57 feet east of the edge of the pavement. U.S. 19 is a federal-aid primary highway.
The Issue Whether a permit should be granted for an at-grade crossing in the vicinity of Seaboard Coast Line Railroad Company Mile Post AX-973, 480 feet south of said mile post.
Findings Of Fact There is being constructed in Lee County, Florida, a roadway known as the Six Mile Parkway and also known as the Ortiz Loop Road. This roadway is a four lane divided highway with two 24 foot sections separated by a 40 foot median strip constituted of grass. The speed limit at the proposed railroad crossing is 55 mph. The average daily traffic is estimated to be 6,000 cars by the year 1978 and 18,000 cars by the year 1985. The railroad is a single tract facility, which carries three trains per week and six trips. These trains are freight trains with a speed limit of 35 mph at the proposed crossing. The trains average 30 cars per train, and primarily haul limerock and "stump wood". If a local mine, which is in operation, should increase production, the average number of trips per week could increase to 10 trains. Trains that travel on this track at this time, travel between the hours of 9:00 A.M. and 5:00 P.M., on a daily basis, but are not more particularly scheduled. It is contemplated that the cost of the installation of the railroad crossing with safety devices and the maintenance of this railroad crossing is to be paid for by Lee County, Florida. Lee County, through their expert witness, John Walter Ebner, P.E., testified that they would propose a type II, grade crossing with four lanes, the same width as the highway, with the identical pavement and a grass median of similar width as the highway. The safety device proposed by the applicant, Lee County, Florida, is a train activated flashing lights and bells device with cantilevered signalization. The Applicant does not feel control gates would be necessary at the present, considering the traffic volume of automobiles and trains. The Department of Transportation and the Seaboard Coast Line Railroad agree with the proposal of the Applicant, with the exception of feeling that automatic train gates should be installed from the inception of the construction of the railroad crossing. The Applicant is additionally concerned about the economics of the installation of a train activated device with automatic train gates. The concern is that the cost will be an additional $20,000 above their recommended safety device. The official statement of agreement to the construction of the at-grade crossing is found in the Resolution of the Board of County Commissioners of Lee County, Florida which was offered as an exhibit by the Applicant in the course of the hearing. That exhibit is Applicant's Exhibit #1. There was no offering of testimony or further statement by members of the general public or other parties.
Recommendation It is recommended that the permit be granted, to open the subject crossing, utilizing the safety equipment proposed by the Applicant, with the addition of the installation of automatic gates. DONE and ENTERED this 14th day of April, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Phillip S. Bennett, Esquire Office of Legal Operation Department of Transportation 605 Suwannee Street Tallahassee, Florida 32304 James T. Humphrey, Esquire Post Office Box 398 Fort Myers, Florida 33902 Marvin R. Herring Train Master Seaboard Coastline Railroad 1102 New Tampa Highway Lakeland, Florida 33801
Findings Of Fact The sign in issue in these proceedings is mounted on the bed of a pick- up truck which is generally parked opposite Respondent's business. The vehicle is moved daily, sometimes several times per day. On August 5, 1987, a DOT sign inspector observed Respondent's sign in an area appearing to be on the DOT right-of- way of SR 52 in Pasco County. Measurements were taken to locate the sign with respect to SR 52. The DOT right-of-way along SR 52 at this location extends 50 feet north and south of the centerline of SR 52, and 38 feet from the edge of the pavement of SR 52. On August 5, 1987, the DOT sign inspector using a steel tape measure found Respondent's sign to be located 12 feet from the edge of the pavement, thus clearly on the right-of-way.
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
Findings Of Fact The Notice of Hearing was entered into evidence and said notice was amended to reflect that the distance of an existing crossing north of the proposed crossing was 2,208' + north rather than 1,500' + north. The application was also changed to reflect that the proposed roadway was to extend the limits of a right of way to 120' instead of 100'. The change would place the mile post at a slightly different location. Upon examination of the area and taking testimony from the three attorneys involved in this hearing, it is the findings of this Hearing Officer that the change in location and the change in the proposed roadway is not of sufficient consequence that the hearing should have been postponed and re- noticed. Inasmuch as the parties directly involved were present, the owners of the railroad were represented, the owners of the Petitioner corporation were represented, there were representatives from the County and from the Florida Department of Transportation. A re-notice with the minor changes in location and in the width of the right of way would have been sent to the same representatives. The Notice of Hearing met the requirements of notice of public hearing. Petitioner Suntree Development Corporation is proposing to construct a connector road between Wickham Road and U.S. 1 approximately 2,208' south of an existing two-lane signalized (warning bells, lights, and gates) road crossing on Pineda Avenue in south Brevard County, Florida. The proposed road is to be four-laned with 120 foot right of way including a 20 foot medium strip. The road would be an access between U.S. 1 and the Suntree Community, a new community on approximately 2,800 acres of land which is predicted to have approximately 35,000 to 40,000 people after total development which is estimated to be completed within a 15 year period. The road would be a limited access with acceleration and deacceleration lines on U.S. 1 with an estimated total anticipated average daily traffic of from 23,000 to 60,000 trips per day. The proposed crossing involves a Type IV cantilevered signalization with bells, flashing lights and gates to be activated by trains. Cost of signalization and maintenance is to be borne by the Suntree Development Corporation. Petitioner is the primary owner of all the lands involved, but does not own all of the right of way needed to construct the crossing. Building is presently limited to a country club, sewage treatment plants, about a mile of roadway and two single family homes under construction and plans for the construction of some forty homes within the next few months. The proposed crossing was approved by the Brevard County Commission with the understanding that the crossing at Pineda Avenue would not be closed. The Florida East Coast Railway track in this area is a single track with 18 through freight trains a day which travel about 60 m.p.h. at the proposed crossing location. Two local freights move at unscheduled times across the railroad tracks. The tracks in the vicinity of the proposed crossing is nearly straight. The Florida East Coast Railway Company owns the right of way over the tracks and opposes the opening of another crossing in such close proximity to the crossing at Pineda Avenue, at this time. Storage capacity or storage area is the area in which cars can stand while awaiting clearance to proceed. The proposed road will contain 1,800' of storage area with 850' on the Wickham Road side and 950' on the U.S. 1 side. Using the average daily traffic figure when the community is developed, as calculated by Petitioner, U.S. 1 would be blocked in 3.28 minutes. Using the average daily traffic figures when the community is developed, as calculated by the Florida Department of Transportation, U.S. 1 would be blocked in 1.27 minutes. The Florida Department of Transportation recommends that an overpass be constructed rather than the at-grade crossing. The Hearing Officer further finds: The Pineda Avenue crossing can serve the vehicular traffic demand at present; Petitioner's plans for development, if realized, will demand another railroad cross- ing to serve the community; The proposed at-grade crossing is in such close proximity to U.S. 1 that it would be hazardous to vehicular traffic on U.S. 1 and the proposed Suntree entry road when the community is developed.
Findings Of Fact The City is an incorporated city within the State of Florida. The subject railroad crossing on South Caledonia Street is located within the city limits of Marianna. The DOT is the agency of state government which is charged with the regulation of railroad crossings, to include the determination of whether a crossing should be opened or closed. The CSX is the railroad company which owns the railroad and railroad crossing in question and which may have to pay a portion of the costs of any improvements to the crossing. South Caledonia Street is constructed along a section line and runs due south through Marianna connecting US 90, a major east-west arterial highway, with the southern portion of Marianna and its rural environs as it becomes Highway 73 at its intersection with Jefferson Street. See Railroad's Exhibit 1. South Caledonia Street, one of ten north-south streets which crosses the railroad within the limits of Marianna, is the only one which runs straight south over the tracks to Interstate 10. South Caledonia Street is one of the four streets which provides transit over the tracks in the eastern portion of Marianna. In order from east to west, Jefferson Street, Green Street, Caledonia or South Caledonia Street (the one in question), and West Caledonia Street run north and south and provide the principal links between US 90 and South Street, in the eastern portion of the City. South Street is a major east-west street in the southern part of the City. The other east-west roads south of US 90 are Jackson Street north of the railroad; Pearl Street running west from South Caledonia between the railroad and South Street; and unpaved Franklin Street running eastward immediately north of the railroad between Caledonia and Green Streets and running westward south of the railroad between Caledonia and West Caledonia Streets. South Caledonia and West Caledonia Streets are principally residential from South Street to one block south of the railroad tracks, and commercial north of the railroad tracks. DOT's Exhibit 1 is an annotated aerial photograph of this portion of the City showing the major roads named above and the daily traffic counts on them. In recent years, the railroad crossings on West Caledonia, Green, and Jefferson Streets have been upgraded to current standards. The crossing on Caledonia Street is not improved, and the street is in very poor condition between Jackson and Pearl Streets; however, planned resurfacing of the street has been delayed while this case is litigated because upgrading the crossing will require recontouring of Caledonia Street. The poor condition of Caledonia Street has reduced traffic on the street over the railroad and has caused the existing traffic to go slower. There has never been a train-car accident at the South Caledonia Street crossing. Recontouring Caledonia Street at the railroad crossing will eliminate or reduce access to A.B. Williams Concrete and Block Company from Caledonia Street; however, there is access to the company from Green Street. The owner supports keeping the crossing open even if it restricts access to his business. Recontouring Caledonia Street would make it feasible for heavy trucks to move over the crossing on South Caledonia Street which is Highway 73 south of its intersection with Jefferson Street. Currently, the majority of the heavy truck traffic is using West Caledonia to move south and turning left on South Street to come back to Caledonia Street and out Highway 73. The intersection of West Caledonia and South Street is not well suited for such traffic. It will cost at least $250,000 to upgrade the existing crossing. It costs $612 each year to maintain the upgraded crossing. Letting the crossing remain open will have no effect on the operations of the railroad. There was no evidence presented on the costs of paving Franklin Street or the unpaved portions of the railroad right-of-way to enable traffic stopped at the railroad to move east and west north of the tracks or westward south of the tracks. There is no available route eastward south of the tracks. No evidence on the traffic count over the crossing was presented. The DOT did not take a traffic count over the crossing. If the closure of the South Caledonia Street crossing increases the traffic on Jefferson Street, currently 4,000 vehicles per day, to 5,000 vehicles per day, the Jefferson Street crossing will have to be upgraded to have bells, lights and gates. A significant increase in traffic count on Jefferson Street is possible given the current use rate of Caledonia Street north and south of the railroad, which is known. No evidence was presented on the cost of upgrading the Jefferson Street crossing. Caledonia Street is not used by emergency vehicles or school buses, and there are viable alternatives for emergency vehicles to cross the railroad tracks if this crossing were eliminated. However, closing this crossing will create a cul-de-sac north and south of the existing crossing on Caledonia Street because of the absence of paved east-west through streets. As indicated above, it will be very inconvenient and costly to create east-west links to eliminate these cul-de-sacs. In spite of the poor condition of the crossing and the road surface and the availability of alternatives, Caledonia Street carries more traffic than does Green Street which has had its crossing upgraded. Caledonia Street, upon which the subject crossing is located, is the only straight north-south route from US 90 to Highway 73. The preservation of this route for the future must be considered.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED that CSX, Inc.'s Petition to close the public vehicular crossing on Caledonia Street in Marianna, Florida, be denied, and said crossing be kept open. DONE AND ORDERED this 14th day of November, 1989, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 14th day of November, 1989. COPIES FURNISHED: Mr. Ben C. Watts Interim Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Thomas H. Bateman, III, Esquire General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32399-0450 Michael D. Mee, Esquire Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 Stephen H. Shook, Esquire 500 Water Street Jacksonville, Florida 32202 Herman D. Laramore, Esquire Post Office Box 793 Marianna, Florida 32446 ================================================================= AGENCY REMAND ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION AND CSX TRANSPORTATION, INC., Petitioners, vs. DOAH CASE NO. 89-3557 CITY OF MARIANNA, Respondent. / ORDER REMANDING CAUSE FOR RECONSIDERATION The Recommended Order was issued in this cause on November 14, 1989. On December 4, 1989, the Department of Transportation filed Agency's Exceptions to Recommended Order, copy of which is attached. A review of the complete record has been made. The Department of Transportation remands the instant cause to Stephen F. Dean, Hearing Officer, Division of Administrative Hearings, for reconsideration based on the following: The Recommended Order states in Finding of Fact Number 9 that the closure or the South Caledonia Street crossing would increase the traffic on Jefferson Street resulting in one upgrading of the Jefferson Street crossing by the addition of bells, lights and gates. The finding is not supported by competent substantial evidence in the record. At the hearing below, testimony was adduced that the Jefferson Street crossing has already been upgraded with bells, lights and gates. (Transcript pages 99 - 100) Since the Hearing Officer relied, in part, upon this incorrect factual determination, the case is remanded to the Hearing Officer for reconsideration pursuant to the facts as corrected. Accordingly, IT IS ORDERED that the instant cause is remanded, for twenty days following receipt of this Order, to Stephen F. Dean, Hearing Officer, Division of Administrative Hearings for reconsideration. DONE AND ORDERED, this 21st day of December, 1989. BEN G. WATTS, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 COPIES FURNISHED: Stephen H. Shook, Esquire 500 Water Street Jacksonville, Florida 32202 Herman D. Laramore, Esquire Post Office Box 793 Marianna Florida 32446 Michael D. Mee Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0458 ================================================================= ORDER ON REMAND =================================================================
Findings Of Fact The signs located one mile east of State Road 79 on Interstate 10 and one-half mile west of State Road 79 on Interstate 10 and bearing copy advertising Best Western Tivoli Inn are owned by Mr. Fleming. These signs are located within 15 feet of the right-of-way of a federal interstate highway outside an incorporated municipality or town. The copy of these signs is visible from the interstate highway. The signs do not have permits issued by the Department of Transportation attached to them.
Recommendation Based on the violation of Section 479.07, Florida Statutes, the Hearing Officer recommends that the Department of Transportation direct the owner to remove said signs. DONE and ORDERED this 22nd day of March, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: James Moore, Esquire Post Office Box 746 Niceville, Florida 32570 Gerald Holley, Esquire Post Office Box 268 Chipley, Florida 32428 Frank King, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN RE: NOT EFFECTIVE UNTIL TIME EXPIRES TO FILE FOR JUDICIAL REVIEW AND BEST WESTERN TIVOLI INN, DISPOSITION THEREOF IF FILED Petitioner, vs. CASE NO. 78-2180T FLORIDA DEPARTMENT OF TRANSPORTATION, Respondent. /
Findings Of Fact JTA and DOT seek a complex air source permit from DER for construction of the Dame Point Bridge project in Jacksonville, Duval County, Florida. The application for the permit and supporting documents were filed and considered by DER in evaluating the permit. The proposed project is a 10.94 mile segment of a proposed easterly bypass around the City of Jacksonville. The project consists of a limited access, four and six-lane expressway which will become a portion of the Interstate 295 bypass system for Jacksonville. It will principally serve through traffic around urbanized Jacksonville and resident north-south traffic. The project extends from Monument Road, south of the St. John's River, to existing I-295 at U.S. 17, north of the River, and includes a six lane bridge over the St. John's River in the vicinity of Mill Cove and Dame Point. In addition to the bridge over the St. John's River, approximately 10,000 feet in length, the project includes seven grade separated intersections where major arterial roads serving urbanized Jacksonville intersect the project. The project will traverse high to medium density residential neighborhoods south of the St. John's River and medium to low density residential neighborhoods, developing industrial centers, and some rural property north of the River. Pursuant to Section 403.182, Florida Statutes, DER by formal agreement may delegate preview and evaluation of permit applications to qualified local programs. Such an agreement has been in force between DER and the Duval County Bio-Environmental Services Division since February 9, 1976. In compliance with that agreement, the Duval County Bio-Environmental Services Division reviewed and processed the Dame Point State Road 9-A extension application for a complex air source permit, determined that reasonable assurances of non-violation of ambient air quality standards was provided, and certified that conclusion to DER. DER then published a letter of intent to issue the permit on August 29, 1978. The Final Environmental Impact Statement (FEIS) for the project which was submitted with the application concluded that the project would be beneficial to the economic growth of the area by providing an improved transportation network. In addition, testimony established that the project would be needed in the near future by virtue of increasing traffic demand. Approximately forty to sixty percent of the north-south through traffic in the Jacksonville area is expected to use the facility. The proposed project would provide an efficient bypass for this traffic and could divert 7,000 to 10,000 vehicles per day from the downtown Jacksonville area upon completion. Evidence established that, as a direct result of construction of the project, downtown traffic congestion would be relieved; existing industry would receive more efficient transportation service; commuter traffic from southeastern Jacksonville to northern Jacksonville would be reduced by miles; transportation routes to education facilities would be improved; and tourist traffic would be routed around downtown Jacksonville. The benefits to costs ratio of the project is positive in that for every dollar spent to construct the facility, $2.80 might reasonably be expected to be returned to the community in the form of increased economic activity and more efficient transportation. Increased traffic demand in the Jacksonville-Duval County area is of such magnitude that, according to testimony at the final hearing, in the year 2000 the demand to cross the St. John's River is expected to exceed the capacities of all existing bridges, plus the proposed facility, if constructed, and another bridge crossing south of the city. JTA and DOT prepared projections for average anticipated future use of the project using the most recent, accurate and acceptable information available. Initial projections were based upon the Jacksonville Urban Area Transportation Study Network, 11WC. When the network was revised in 1977, JTA, in coordination with the Jacksonville Area Planning Board, revised the projections to be consistent with the updated Transportation Network plan for Jacksonville. This planning information, plus extensive historical data on population growth, urban development and changing land use patterns in the area of the project, were utilized to project future vehicle use for the project. The evidence clearly establishes that the proposed project generally will relieve downtown traffic congestion by diverting traffic around the city. Traffic projections indicate that the total vehicle miles traveled daily in Duval County might be reduced by as much as 600,000 miles if the project is constructed. Most of this reduction would result from eliminating circuitous routes through the downtown area. Traffic projections were in part based upon past experience with similar projects over a 10-year period, and included a factor for added traffic which might be generated by construction of the facility. The proposed project will be linked to I-95 north of Jacksonville, and will serve the southeast area of the city and provide a connection to the industrial center around Imeson Park to the north, in addition to offering a shorter and speedier route to local beaches. Average vehicle speeds through the open roadway portions of the project, and through intersections, were calculated according to commonly accepted traffic engineering methods. The evidence establishes that general roadway speeds should average 55 miles per hour through 1992, with a potential decline to 50 miles per hour by the year 2002. Average intersection speeds should vary from 45 to 20 miles per hour over the same time period. These calculations are based upon well-recognized and, long accepted traffic engineering data contained in the Highway Capacity Manual, 1965 edition. The method employed in these calculations is that commonly used by DOT throughout the State of Florida, and included consideration of potential future congestion as well as probable signalization of traffic at some intersections. The evidence establishes that JTA and DOT accurately analyzed roadway and intersection speeds for the proposed project according to accepted traffic engineering methods, and that reasonable predictions of air pollution loading along the project corridor based upon these speed calculations can reasonably be relied upon to establish non-violation of ambient air quality standards. Further, evidence in the record establishes that traffic speeds through the toll plaza to be constructed as a part of the proposed project were adequately analyzed. Average speeds and queuing through the toll booth facility were calculated using accepted average daily traffic projections for the project and assumed a 1,000 foot zone of deceleration/acceleration on either side of the toll booth. These calculations included deceleration, queuing, stopping at the toll booth, and acceleration away from the toll booth facility. The method employed in formulating these calculations followed recognized techniques outlined in the Transportation Traffic Engineers Handbook. DOT has asserted in the permit application here under consideration that the construction and operation of the proposed project will not violate DER ambient air quality standards. Using the traffic projections and average vehicle speeds discussed above, DOT utilized various computer modeling techniques which analyzed and modeled projected worst one-hour and eight-hour concentrations of carbon monoxide along the roadway and around critical intersections and the toll plaza. The Mobile I computer model was used to predict emissions of automobile related pollutants based upon the aforementioned traffic data. Included in the Mobile I computer program were various factors including highway speed, traffic volumes, vehicle mix, "cold" versus "hot" starts, ambient temperature, and pavement height. Emission factors generated from this computer model result in predicted pollutant loadings in grams per vehicle mile. In addition, another method, AP 42, Supplement 5, was also utilized to generate comparable emission factors. Data obtained from the Mobile I computer program and from AP 42, Supplement 5, is then programmed into another computer model, Caline II, which is a basic diffusion model designed to estimate concentrations of carbon monoxide at various points along and distances from the roadway. This computer model is a mathematical equation that simulates or predicts the concentration of pollutants at various points after they are released from their source and allowed an opportunity to mix with the atmosphere. The Caline II model can only project future expected carbon monoxide concentration levels. No computer model was used to project expected concentrations of hydrocarbons, nitrogen oxides, photochemical oxidants or other pollutants expected to be associated with the project because no such model is presently available to accurately project concentrations of those pollutants. This is due, at least in part, to the greater reactivity of those pollutants with other elements in the atmosphere. Factors included in the Caline II computer model in order to predict expected concentrations of carbon monoxide along a line source include traffic volume; a "K" factor, which is a percentage of daily traffic at a given point in "peak hour" conditions; highway width and height; wind speed; stability class; and wind direction. The result of this computer program is an expected "worst case" condition for one-hour and eight- hour concentrations of carbon monoxide along the roadway for the years 1982 and 1992. Computer program results, which included background ambient conditions for eight-hour concentrations, affirmatively established that expected concentrations of carbon monoxide will be considerably less than the DER one- hour standard of 40 milligrams per cubic meter, and the eight-hour standard of 10 milligrams per cubic meter. These DER standards were not exceeded at any of the intersections or along the roadway at any point. As indicated above, no computer modeling technique was utilized fox hydrocarbons, nitrogen oxides, photochemical oxidants, sulphur dioxide or total suspended particulate matter. Estimates concerning these pollutants were based upon AP 42, Supplement 5, which is a document promulgated by the United States Environmental Protection Agency, and the Mobile I computer program. These methods do not predict concentrations, but instead deal only with total emissions. The result of this analysis was that, given background levels of hydrocarbons in Duval County, the project, if constructed, either in whole or in the segment which is the subject of this permit application, hydrocarbon levels may be expected to be reduced, at least in part due to the increased average speed of vehicles using the proposed facility. In addition, since hydrocarbons appear to act as a precursor to the formation of photochemical oxidants, any reduction in the emissions of hydrocarbons can also be expected to reduce the levels of photochemical oxidants, which are a particular problem in Duval County, which has been designated a "non-attainment area" for photochemical oxidants. Further, data derived from AP 42, Supplement 5, and Mobile I, together with data from local monitoring programs, established that no violations of ambient standards are to be expected for nitrogen oxides and, since sulphur dioxide and total suspended particulate matter are not emitted in significant quantities from automobiles, no violation of air standards for these pollutants is to be expected as result of the project. In summary, testimony adduced at the final hearing demonstrated that studies submitted to DER in support of the permit application were prepared in accordance with valid, professionally and scientifically accepted methodologies. These studies adequately establish, not only that the project will not result in violations of state air quality standards, but that positive social, economic and environmental effects will accrue from construction of the proposed facility. Petitioners, JTA and DOT have submitted proposed findings of fact. Petitioner's Proposed Findings of Fact numbered 1 through 4 have been substantially adopted herein. JTA's and DOT's Proposed Findings of Fact have also been substantially adopted in this order. To the extent that proposed findings of fact have not been adopted in, or are inconsistent with, factual findings in this order, they have been specifically rejected as being either irrelevant to the issues in this cause, or as not having been supported by the evidence.
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 Union Street at its intersection with Jefferson Avenue in Jacksonville, Florida, is also known as US 23 and is a federal-aid primary highway. It is a one-way street for east-bound traffic and is located within the corporate limits of Jacksonville. The proposed sign would be located on the north side of Union Street 20 feet west of the intersection with Jefferson Street and would face west to be viewed by the eastbound traffic on Union Street. Zoning at the proposed location is commercial/industrial. Criterion Advertising Company has been issued permits for two signs near the intersection of Union Street and Jefferson Avenue (Exhibits 5 and 6). These signs are on the south side of a building on the northeast corner of this intersection, thus making them parallel to Union Street 14 feet and 20 feet respectively east of the Jefferson Avenue pavement. Jefferson Avenue is not a federal-aid primary highway. In their inventory the Department of Transportation (DOT) carries the Criterion signs as facing westerly because they can be seen by the eastbound traffic on US 23. There are only four blocks on an application for a sign permit in which to mark the direction in which the sign faces. These are the four cardinal points of the compass. Highways in Florida, as well as the streets in most cities in Florida, run generally in a north/south or east/west direction. Signs alongside a federal-aid primary highway that are intended to be seen by northbound traffic are carried in DOT inventory as southerly facing signs whether they actually face in a southerly compass direction or not. Advertising signs, the face of which are parallel to the highway from which they are viewed, are not as saleable as are signs at right angles, or nearly so, to the highway.
