Findings Of Fact By application the Florida East Coast Railway Company seeks a permit to close an existing at-grade public railroad crossing located at Sebastian/Bay Street, Roseland in Indian River County, Florida. There exists a public at-grade railroad crossing 681 feet immediately to the south of the subject crossing at the intersection with Roseland Road. This crossing is protected by a full complement of automatic warning devices, consisting of flashing lights, ringing bells and gate. Roseland Road is a paved highway and well travelled. The subject crossing is an old crossing having been established approximately in 1907. There exists a visibility factor adverse to train and motoring public as a result of an elevation of approximately four (4) feet and of natural growth but there as been no known crossing accident in over some seventy (70) years. Traffic over this railroad crossing is not heavy. There exists a growing residential community to the west and east of this railroad crossing. The Sebastian River Medical Center (hospital) exists on the east. Fire protection for this area exists on the east. Testimony of users and letters oppose the closing of the crossing because the historical value of the railroad crossing, the location of the crossing for fire protection purposes, the location of the crossing for the health and welfare due to the location of the Sebastian River Medical Center, the only hospital located in the north end of the county; and the ease and convenience for the Roseland community reaching the main thoroughfare known as U.S. #1. The public crossing on Roseland Road is a busy crossing serving a much travelled road and is well signalized. In order to use this crossing it is essential to enter a busy highway. The people belonging to the church and the personnel of the medical facility use the Sebastian/Bay Street crossing; school children use it and the residents of the Roseland area, many of whom are elderly, use it.
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 At present, near the proposed crossing on S.W. 184th Street, there are three existing railroad crossings located in the "Fifth District" of the Florida East Coast Railway System which runs from Kendall Junction south to Florida City. The filing of Dade County's application to open a crossing at S.W. 184th Street prompted the Florida East Coast Railway (FEC) to file an application to close S.W. 186th Street. Specifically, there is presently a crossing on S.W. 186th Street, a crossing to the north, at milepost 381 (Hibiscus), and a crossing to the south at milepost 382 (S.W. 107th Avenue). If the proposed application for the opening of S.W. 184th Street is granted, the site will be located approximately 900 feet to the north of the S.W. 136th Street crossing. As such, if the crossing at S.W. 186th Street is retained, there would be three public crossings within a distance of approximately 3/5ths of a mile and four public crossings in a distance of approximately one mile. Within the immediate area, FEC currently has tri-weekly service on a regular basis over the existing crossing sites with regular movement of hazardous materials and cargo on such trains. The cars are loaded, moving from north to south and empty, moving from south to north. Included among the commodities transported by FEC is jet fuel for Homestead Air Force Base. Additionally, train movement includes maintenance work trains, which are subject to daily movements, and extra trains when business dictates. The normal speed limit for trains in this area is 40 miles per hour, subject, of course, to slow orders for maintenance work. U.S. 1 is immediately to the east and parallel to the FEC Railway System at all of the subject crossings. Homestead Avenue borders the railway system to the west between Hibiscus and S.W. 186th Street. The testimony presented and introduced indicates that U.S. 1 is a crowded highway very close to capacity, with no planned improvement north of the proposed crossing within the next five years. There are, however, plans to upgrade Homestead Avenue between S.W. 184th Street and S.W. 186th Street. S.W. 186th Street is a two-lane road which runs primarily in an east/west direction from Krome Avenue to just east of U.S. 1, where it terminates in a residential area. The area between the Homestead extension of the Florida Turnpike and U.S. 1 consists mainly of warehouses with limited retail outlets and a branch of the U.S. Postal Service. Access to the industrial area southward is along U.S. 1 with a southwesterly turn on S.W. 107th Avenue and from the west by use of either S.W. 186th Street or S.W. 184th Street. Entrance to this area from the north is gained by the use of the Florida Turnpike and from the south by use of S.W. 107th Street. Adjacent to S.W. 186th Street, between the Turnpike and U.S. 1, is an industrial area rapidly developing with warehouses and retail outlets. A main arterial which divides the industrial area in a north/south direction, is S.W. 107th Avenue, which crosses the FEC tracks to the south and then intersects with U.S. 1. The average traffic count in 1977 on S.W. 186th Street was 12,600 vehicles daily. These figures resulted from a joint count taken by the County and the State. This count centered around S.W. 186th Street in the vicinity of Homestead Avenue and at the intersection of S.W. 186th Street and U.S. 1. It is estimated that with the opening of the S.W. 184th Street crossing, approximately 6,000 vehicles per day would be diverted to that area from S.W. 186th Street. Opposition to the closing of the S.W. 186th Street crossing came from the business community situated in the industrial area and from the County. There were no opposing public witnesses such as surrounding homeowners or persons requesting east/west access at the hearing to voice opposition to the subject 186th Street application. While most of the opposition witnesses expressed an interest in keeping both the 186th Street and the proposed 184th Street crossings open, they all conceded that access is possible in the area and further, and that the inconvenience caused by closing the 186th Street crossing and opening the 184th Street crossing would result in an additional travel distance of no more than approximately one-half mile. It suffices to say that the opposition from the business community centers primarily upon the merchants and/or developers' desire to provide "direct" access into their respective locations. For example, witnesses from the U.S. Post Office located near the 186th Street crossing testified that if the 186th Street crossing is closed and the means of ingress and egress into the area be via 184th Street, an additional five minutes per route daily would be added to the carriers' route. Testimony introduced during the hearing indicates that the population trend is moving in a westerly direction and that the Post Office itself would use the Turnpike to serve all of their facilities in the west. The County introduced approximately 24 exhibits in support of its application to open the 184th Street crossing. The various exhibits generally show the various classification of minor and major arterial streets in the area. The County's engineer, who expressed an in-depth knowledge of the area, testified that both crossings are highly desirable and necessary, although he admits that with the opening of the 184th Street crossing, ample access will be possible into the subject area. In support of its position to close the 186th Street crossing if the 184th Street crossing application is granted, the Florida East Coast Railway offered the testimony of Joseph Rice, an independent consultant and a Registered Professional Engineer who was accepted as an expert witness during the hearing. Mr. Rice testified that it was not essential that both crossings remain open at the same time, inasmuch as it was possible to handle sufficient vehicular capacity at the 184th Street crossing. He emphasized that in view of the fact that S.W. 184th Street is considered a major arterial route and in view of the County's long-range plan of developing 184th Street as a major arterial in addition to the length of S.W. 184th Street, the logical place to place a crossing would be S.W. 184th Street. Mr. Rice testified that under today's traffic count of approximately 13,000 vehicles per day, a four-lane divided facility would accommodate the traffic in either location and a six-lane facility would accommodate traffic even up to the County's year 2000 projection of approximately 24,000 to 26,000 vehicles on S.W. 184th Street and 7,000 vehicles on 186th Street. He added that with the addition of a four-lane road at S.W. 184th Street, a reduction in travel time and congestion in the area around 186th Street would result. Finally, he testified that the lessening of "conflict points" would enhance the safety of this area. In this regard, according to the testimony introduced by FEC, the subject district is one of the highest accident districts for FEC. After due consideration of the above and in view of all of the reasons introduced by Mr. Rice to the effect that the proposed crossing at S.W. 184th Street is sufficient when properly constructed to handle ingress and egress in the area, a reduction of "conflict points" within a resultant increase in overall vehicular safety, the minimal inconvenience stemming from the closing of the S.W. 186th Street crossing, and the County's long-range and present plans to designate S.W. 184th Street as a major arterial route, dictates that the crossing be closed at S.W. 186th Street and that the new proposed crossing be opened at S.W. 184th Street. I shall so recommend.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That the proposed application to open an at-grade railroad crossing at S.W. 184th Street (Milepost 382 + 1529') be granted. Additionally, it is recommended that the crossing at 184th Street be equipped with cantilevered flashing lights, gates and bells to provide maximum safety to vehicular traffic. In view of the foregoing recommendation, it is additionally recommended that once the at-grade crossing at S.W. 184th Street is completed, the at-grade crossing at S.W. 186th Street be closed. RECOMMENDED this 5th day of December, 1978, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675
The Issue Whether a permit to close the CSX public at-grade railroad crossing located at C and J Road in Santa Rosa County should be granted pursuant to Rule 14-46.003(2)(b), Florida Administrative Code.
Findings Of Fact On October 14, 1994, CSX submitted an application to close the public at-grade railroad crossing located at C and J Road, (also known as Zero Lane) in Santa Rosa County. On November 8, 1995, DOT filed its Intent to Issue a Permit to close the C and J Road crossing. C and J Road is a narrow two lane, two-way paved road approximately 20 feet wide. The road runs roughly 0.2 mile in a north/south direction, with two zig-zag ninety degree turns at its southern end. After the road's ninety degree turn to the south, C and J Road crosses the CSX railroad tracks at the same elevation or grade as the railroad tracks and then "T" intersects with US Highway 90 via the crossing. Official area maps do not show C and J Road crossing the tracks or its intersection with US Highway 90. US Highway 90 runs roughly in an east/west direction. The CSX tracks parallel US Highway 90. One passenger and eight freight trains use the CSX railroad tracks and the crossing on a daily basis. At its north end C and J Road intersects with Johnson Road. Johnson Road extends generally in an east/west direction. It connects with St. Johns Road approximately 0.4 mile to the west of C and J Road. Additionally, Johnson Road connects with Airport Road approximately 0.5 mile to the east of C and J Road. Cassie Lane is a narrow, two-way, two-lane paved road. The road runs roughly north and south between C and J Road and Johnson Road. Cassie Lane connects to C and J Road via an "L" shaped curve just north of the crossing. Elimination of the crossing would turn C and J Road and Cassie Lane into a U-shaped road with exits on Johnson Road to the north. Currently, the curve intersection of Cassie Lane to C and J Road is overgrown with vegetation. The vegetation obstructs motorists' view of the intersection of Cassie Lane and C and J Road. However, sight obstructions for overgrown vegetation can be eliminated. St. Johns Road is a two-lane, two-way paved road. Airport Road is a two-lane, two-way, paved road. Both roads run in a north/south direction. There is about 0.5 mile between each road's intersection with Johnson Road and US Highway 90. Both St. Johns Road and Airport Road have an at-grade crossing with CSX Railroad near US Highway 90. Both crossings are protected by flashing lights and gates. However, the C and J Road crossing is protected by only flashing lights. Flashing lights alone are a less safe alternative to flashing lights and gates. Five school buses use Airport Road on a daily basis. One school bus regularly uses St. Johns Road on a daily basis. Likewise, at least one school bus uses C and J Road and Cassie Lane on a daily basis. The closure of the C and J Road crossing will not significantly effect the routes or efficient operation of any school bus. Additionally, fire, police and emergency medical vehicles use both St. Johns Road and Airport Road regularly. Again, the closure of the C and J Road crossing will not significantly affect fire, police, or emergency vehicles. St. Johns Road has an average daily traffic (ADT) count of 308 vehicles. Airport Road has an ADT of 1,534 vehicles. Both are more heavily travelled than C and J Road with an ADT of 35 vehicles. Both St. Johns Road and Airport Road can handle any additional traffic routed to St. Johns Road from C and J Road and Cassie Lane. Respondent's church is located on C and J Road northwest of the crossing. Respondent has been an active church for over 118 years. Respondent has approximately 98 contributing members from the church and its parish. Approximately sixty members, both young and old, of Respondent's congregation walk to the church on Saturday or Sunday for services and functions being held by the church. Some pedestrians coming from US Highway 90 follow the roadway over the crossing. However, many pedestrians regularly use two, more direct, well-beaten short-cut routes, over the railroad to Respondent's church instead of going out of their way to use the C and J Road crossing. It is unlikely that the closure of the crossing will have any impact on the walking routes of the church members. DOT inspected the crossing and recommended alternate routes should C and J Road's outlet to U.S. Highway 90 be closed. The alternate routes recommended by DOT are C and J Road/Cassie Lane-Johnson Road-St. John's Road and C and J Road/Cassie Lane-Johnson Road-Airport Road . All of the alternate routes were less than 1.5 miles and could be safely driven in less than 2.5 minutes. Neither the time nor distance of any of the alternate routes were shown to be inconvenient or unreasonable. Since the crossing is within the Santa Rosa County's geographical and governmental authority and responsibility for maintenance, DOT notified the Santa Rosa County Commission of its intent to close the crossing. However, the County did not request a hearing to prevent closing the crossing and consolidating the roadway traffic. The county probably did not request such a hearing because it had made an agreement with CSX and DOT to "help" close another road crossing in order to build a rail crossing on the road leading to the County's new prison facility. Additionally, Respondent has not provided or established the existence of an agreement between Respondent and a governmental body to assume jurisdiction of the crossing as required in Rule 14-46.003(2), Florida Administrative Code.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That the Department of Transportation's decision to close the rail crossing at C and J Road in Santa Rosa County should be sustained. DONE and ENTERED this 31st day of October, 1996, in Tallahassee, Leon County, Florida. DIANNE CLEAVINGER 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) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 31st day of October, 1996. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450 Stephen H. Shook, Esquire CSX Transportation, Inc. Law Department, J 150 500 Water Street Jacksonville, Florida 32202 Maldrick E. Bright, Esquire Post Office Box 3513 Milton, Florida 32572-3513 Ben G. Watts, Secretary Department of Transportation 535 Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Thornton J. Williams, Esquire Department of Transportation 562 Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450
The Issue Whether permits for two public at-grade railroad crossings should be granted.
Findings Of Fact By application the Agrico Chemical Company seeks permits to open two public at-grade railroad crossings by constructing a spur track between the Seaboard Coastline Railroad and Agrico Railroad beginning 1,868 feet south of Seaboard Coastline Mile Post SVC 851 at Agrock, Florida. The application involves opening two public at-grade rail highway crossings by new rail line construction. The local popular name of the road is Fort Green Road and Payne Creek Road. Two tracks were constructed less than two years ago so that the Seaboard Coastline Railroad could come off their main line and come into Agrico and pick up loaded or unloaded cars for transportation to the south, north and west. Agrico now desires to construct a track which more directly ties into what they term their Payne Creek trackage to the southeast. The new crossings would come straight across the Seaboard Coastline mainline into the Fort Green trackage. Agrico would have to spend less time on Seaboard Coastline trackage and the plan is to erect electric signal crossings whereas there are no electric signal crossings in the area at the present time. Such signalization would render the crossings less hazardous. The Petitioner Agrico will pay for the signalization at both crossings. Signalization consists of bells and signal lights. The Seaboard Coastline Railroad will maintain the crossings and signalization at the expense of the Petitioner Agrico. There are twelve trains per day. The Respondent Seaboard Coastline Railroad was not represented at the hearing, but a letter was introduced stating that "Seaboard Coastline will indicate no objections to these crossings when the appropriate public hearing is scheduled". The Respondent Department of Transportation reviewed the subject application and expressed the desire of the district railroad committee that Agrico Chemical Company pay for the installation of flashing lights and that the installation would conform to the manual on uniform traffic control devices pertaining to signalized railroad crossings. It also stated that in the interest of good safety practices, no buildings should be constructed or plantings made that would prevent good sight distance at the crossing. Additionally, the Respondent Department of Transportation suggested that the railroad crossings be maintained by "other than the Department of Transportation". The Hearing Officer further finds: The application for new railroad trackage is in the interest of the Petitioner Agrico Chemical Company and is in the interest of the public using the two railroad crossings. Signalization as planned will increase the safety of vehicular traffic.
The Issue Whether a permit should be issued to close an at-grade crossing in the vicinity of Florida East Coast Railway Company Mile Post 123 + 3,478 feet and Eleanor Street in New Smryna Beach, Florida.
Findings Of Fact The Eleanor Street railroad crossing is within the city limits of New Smyrna Beach, Florida, and serves a residential neighborhood. There are a total of 16 freight train movements north and south in a 24-hour period. There are normally two local freight trains each day. In August of 1966 there was a railroad train/automobile accident in which there were two fatalities and one injury. There is a small manufacturing plant on the west side of Eleanor Avenue which uses subject crossing. The factory has approximately 15 trucks. Motor vehicular count shows that there are between 600 and 900 crossings per day at this railroad crossing. Eleanor Street is a two- way street and the train is a single track. The street is relatively straight on the east side of the track and there is a reverse curve on the west side of the track. The crossing is protected by cross bows and stop signs. To the south of Eleanor Street, several hundred feet, is Wayne Street crossing, which is a two-lane street protected with flashing lights and gates at the railroad crossing. The Wayne Street crossing is heavily traveled with a traffic count of some 2,407 crossings per day. Although there are several crossings in close proximity, ditches and lack of through streets make these crossings inconvenient to those presently using subject crossing. The petitioner desires the crossing be closed, but if it is not closed that flashing bells, lights and gates be installed. The Respondent City does not want the crossing to be closed and states that it has allocated 10 percent of the required funds for installation of proper signalization. The Respondent Department of Transportation does not recommend that the crossing be closed and recommends that the crossing be signalized by a Type I signalization which is roadside mounted flashing lights with bells. Federal funds can he used for this project.
Recommendation Grant the petition to close unless installation of a Type I denomination of signalization is begun within sixty (60) days from date of Final Order. DONE and ORDERED this 12th day of February, 1976. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Charles B. Evans, Esquire General Counsel Florida East Coast Railway Company One Malaga Street St. Augustine, Florida 32084 Charles A. Hall, Esquire City Attorney Bank of New Smyrna Building New Smyrna Beach, Florida
The Issue Whether the Florida Department of Transportation should issue a permit for the installation of a public at-grade railroad crossing in the vicinity of the Georgia, Southern and Florida Railroad track, 1,027 feet North of Milepost 214 on the alignment of Baya Avenue, East of Lake City, Florida.
Findings Of Fact Having heard the testimony of witnesses for the petitioner and the arguments of counsel and those witnesses appearing for the Department of Transportation on the issues and considering the evidence presented in this cause, it is found as follows: Petitioner, Florida Department of Transportation, is duly authorized to establish and maintain a primary system of highways within the boundaries of the State of Florida. The Petitioner has heretofore filed an application with the appropriate division of the Department of Transportation of the State of Florida pursuant to Chapter 330.21 Florida Statutes, for Permission to establish a graded railroad crossing for Baya Avenue (U.S. 90) within the city limits of Lake City, Florida on the state primary highway system proposed to intersect the Respondent Railroad's tracks approximately 1,027 feet North of Milepost 214 of the Georgia, Southern and Florida Railroad. The Respondent Railroad Company did not appear although the record shows that Notice of Hearing was properly given and that plans of the project and proposed signalization were duly sent by letter dated October 8, 1975. There was uncontroverted testimony by Mr. Terry Crews, Assistant District Utilities Engineer for the Petitioner that Mr. R. A. Kelso, Chief Engineer, Design and Construction, Southern Railway System had discussed a portion of the project by telephone with Mr. Crews and no objections were raised. No letters of objection were filed. The Petitioner is in the process of constructing a new four-lane vehicular thoroughfare. This construction is necessary in the rerouting of vehicular traffic through Lake City, Florida (U.S. 90). As a part of this construction it is necessary to cross the railroad and State Road 100 which lie adjacent to each other. It will be a four-lane divided highway with a painted median, with curbs and gutters in the vicinity of the crossing. At the time of construction, the railroad will consist of single-line trackage that carries two (2) trains per day at speeds of approximately 20 miles per hour. It is estimated that approximately 20,000 vehicles per day will use this facility by 1984. Studies conducted by Department of Transportation personnel reveal that the crossing should be signalized with cantilevered flashing lights, ringing bells and pavement markings in accordance with the Manual on Uniform Traffic Control Devices. This signalization should be interconnected with vehicle traffic signalization located at State Road 100 to control vehicular traffic at the highway crossing as well as the railroad crossing. The applicant agrees to install and maintain such signalization. The Hearing officer further finds: The proposed crossing is necessary and desirable; The signalization is adequate as planned, to protect the public; The Petitioner needs the crossing; The Respondent has not opposed the crossing; The Petitioner, Florida Department of Transportation, will Install and maintain the crossing.
Findings Of Fact The railroad crossing which is the subject of this proceeding is crossing number 272859-B, in the City of Florida City, Florida. Its location at N.W. 14th Street is approximately 700 feet north of an existing crossing located at Lucy Street, and roughly 1900 feet south of a present crossing located at Arthur Vining Davis Parkway. The Railway's rationale for closing the N.W. 14th Street crossing is that these other two nearby crossings offer practical alternate routes to the N.W. 14th Street crossing, and can provide public access and emergency services to the area. The City's opposition is based on its contention that closure of the N.W. 14th Street crossing would affect emergency access to the area. The principal justification for the closure of the N.W. 14th Street crossing is its proximity to the other crossings located at Arthur Vining Davis Parkway and Lucy Street, and the resulting improvement in safety for vehicular traffic and railroad equipment. Removal of the subject crossing would eliminate vehicular accidents on the tracks, and eliminate upkeep and maintenance expenses caused by frequent vandalism at the N.W 14th Street crossing location. In addition, closure would eliminate the need to sound the train whistle at the N.W. 14th Street crossing which is located near a residential housing area. The Railway receives an average of two calls per week to report incidents of vandalism in the area of the N.W. 14th street crossing. This number of calls is above average compared to other crossings in the area. Moreover, closure of the subject crossing would permit the relocation of the signal devices now in use there to one of forty-four other crossings in or near Florida City. The traffic count taken in the vicinity of N.W. 14th Street, which is a local service road providing access to a single neighborhood, showed that about 600 vehicles per day use the crossing. Traffic counts taken at Lucy Street, a through street which provides service beyond any specific residential area, resulted in approximately 5,000 to 6,000 vehicles per day. The Lucy Street and Arthur Vining Davis Parkway crossings have sufficient capability to handle all traffic diverted to them if the 14th Street crossing should be closed. The N.W. 14th Street crossing also allows outside traffic to enter the residential area, contrary to good urban planning. By removal of the crossing, such through traffic would be eliminated. The alternate crossings at Lucy Street and Arthur Vining Davis parkway provide reasonable alternate routes, and removal of the subject crossing will not unduly inhibit access by emergency vehicles into the affected area. Although 75 percent of the calls the Florida City police receive originate from Cuban village, a heavily populated area surrounding N.W. 14th Street, if the subject crossing were closed, Lucy Street and Arthur Vining Davis Parkway could be used to respond to emergency police calls in the Cuban Village. Therefore, alternate routes are available for emergency access to the affected area. In addition, from a pedestrian safety standpoint, there is sufficient space along Lucy Street to allow pedestrians to walk there without being affected by vehicular traffic.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Florida East Coast Railway Company to close the at-grade railroad crossing at N.W. 14th Street in Florida City, Florida, be granted. THIS RECOMMENDED ORDER entered on this 15 day of February, 1982, in Tallahassee, Florida. WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15 day of February, 1982. COPIES FURNISHED: Charles B. Evans, Esquire One Malaga Street St. Augustine, Florida 32084 Thomas Tomassi, Esquire 137 N.W. 10th Street Homestead, Florida 33030 Charles G. Gardner, Esquire Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact In 1927, the City of Haines City and the Atlantic Coastline Railroad Company entered into a written agreement to construct a crossing at Charles Street, now known generally as Currie Street. The city expended public funds in the construction of the crossing. The construction agreement contained no termination date and the crossing has been open and in use since its construction in 1927. The crossing is one of seven inside the city limits which are located along a two mile length of track. The track services four (4) passenger trains and ten (10) freight trains daily. While the train speed limit at the Charles Street crossing is seventy miles per hour for passenger trains and fifty miles per hour for freight trains, it is not possible for trains traveling at such speeds to stop quickly in the event of a blockage on the track. A passenger train would require approximately three quarters of a mile to stop while a freight train would require roughly one mile. Passenger trains primarily utilize the track during the day while freight trains utilize the track during an entire twenty-four hour period. Safety is the main factor considered by the Department in determining whether to open or close a railroad crossing. The Charles Street crossing is somewhat dangerous because of its "Z" shaped design which requires cars approaching the crossing to travel parallel to the tracks, thus hindering visibility. Visibility on the west side of the crossing is restricted because of the presence of an overpass and bridge piers. While visibility is impaired to a degree by the piers, a driver approaching the crossing has an adequate line of sight in both directions. The approach to the crossing is extremely rough and traffic by necessity crosses Charles Street at very low speeds. The crossing is not heavily utilized by vehicular traffic. Additionally, traffic noise from the nearby overpass could blend with a whistle signal thus causing a safety problem. However, on the days when readings at the crossing were taken, the adjacent noise level did not drown out the train whistle. In the opinion of the Department's Railroad Committee, the occurrence of accidents at the crossing is not required before the Committee determines a particular crossing to be hazardous. The Department also considers the need for emergency services and fire and police protection in determining whether to recommend closure. The proposed alternate crossing, McKay Street, is closer to the fire and police departments than Charles Street. However, because locomotives sometimes block the McKay Street crossing to service several industries located east of the crossing, 1/ emergency vehicles attempting to service certain residential areas would be required to travel an added distance of as much as two miles. Although the Railroad plans to install motion sensor devices, it does not appear that such devices would be satisfactory in a situation where a train was totally blocking a crossing. Although the railroad has a procedure for moving trains in emergency situations, it would be quicker to travel the approximate four minutes it could take to cover the added two miles rather than utilize the existing procedures. Moreover, response time is a factor in determining fire safety and is of added importance in this case because of the type of housing located in the area. Because of these factors, it appears that the closing of Charles Street could unduly inhibit the movement of emergency type vehicles. The alternative McKay Street route proposed by the Department and Railroad is through an existing residential area. McKay Street was neither designed nor built to accommodate heavy truck traffic. Additionally, a city ordinance prohibits driving semi-trucks through a residential area. The businesses utilizing the Charles Street crossing include a carnival operator and an automobile garage. Both businesses require the use of heavy equipment and trucks. McKay Street is not a viable alternative route for these businesses because of the cities prohibition on use of McKay Street for truck traffic and the manner in which the street was constructed. If the ordinances were not amended, these property owners and possibly others could lose lawful access to their property and businesses. The Department's Railroad Committee which recommends which rail/highway crossings should be closed, considers the existence of a feasible or viable alternate route to be critical to the recommendation regarding closure. If a viable alternate route does not exist, the committee would not recommend that a crossing be closed. While the Charles Street crossing has a number of features which could increase the chances of an accident occurring at the crossing, no such accidents have occurred.
Recommendation Based upon the above Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Petition of the Florida Department of Transportation and Seaboard Coast Line Railroad Company, Inc., to close the rail/highway crossing at Charles Street is DENIED. DONE and ORDERED this 25th day of August, 1980, in Tallahassee, Florida. SHARYN L. SMITH, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
The Issue Whether the application for an at grade vehicle railroad crossing permit should be issued to the City of Holly Hill by the Department of Transportation.
Findings Of Fact The City of Holly Hill, Florida, filed an application with DOT for an at grade railroad crossing permit on Tenth Street at Milepost 107+1513', in the city of Holly Hill. The DOT denied the City's application by letter dated November 27, 1991, which enclosed the Department's intent to deny the permit. The City petitioned and received a hearing to consider its application. The City of Holly Hill is located due north of the City of Daytona Beach on the east coast of the state of Florida. It stretches west approximately a mile from the Halifax River, and runs north for approximately two miles from the northern boundaries of the City of Daytona Beach. Tenth Street, where the proposed railroad crossing would be located, is a local street running east and west in the City of Holly Hill, Florida. West of the Florida East Coast Railroad tracks, Tenth Street connects with Center Avenue and continues further west to connect with Nova Road, both of which are major north/south connectors. To the east of the Florida East Coast Railroad tracks, Tenth Street runs less than one block and terminates at its intersection with US 1, the major north/south arterial road in Holly Hill. Immediately east of the Florida East Coast Railroad tracks in the vicinity of Tenth Street, the City of Holly Hill maintains Holly Land Park, a major recreational area in downtown Holly Hill. Immediately to the west of the Florida East Coast Railroad tracks, the City of Holly Hill maintains a nature trail and facilities related to its public works department. The City seeks the permit for an at grade crossing alleging that (1) a large number of pedestrians are illegally crossing the track and have persisted in doing so notwithstanding warnings and citations; and (2) the City feels that opening a crossing at Tenth Street would relieve bad traffic congestion existing on Eleventh Street just north of Tenth at Eleventh's intersection with US 1. Video tapes and the observations of police officers of the City of Holly Hill establish a significant level of pedestrian traffic by adults and children over the railroad tracks between the western and eastern ends of Tenth Street. This practice is very dangerous. Some of the pedestrians walk their bicycles over the railroad tracks at this location. The majority of the young people crossing the tracks in this vicinity are moving east to utilize the facilities in Holly Land Park or moving west to go to the middle school and grammar school located respectively at the intersections of Center Avenue and Walker Street and Center Avenue and Fifteenth Street. This is a popular route because of the heavy vehicle traffic on Eleventh Street and Eighth Street. Warnings, citations, and patrols have not halted the illegal crossing of the tracks. Eleventh Street is located 1300 feet to the north of Tenth Street and also runs east and west from the Halifax River westward to beyond Interstate 95. Plans call for the development of an interchange at the intersection of Interstate 95 and Eleventh Street. Eleventh Street appears to be the only street in downtown Holly Hill which moves directly west in this manner. From Nova Road east to US 1, Eleventh Street runs parallel to and north of a large drainage canal. Two shopping centers are located at the intersection of Eleventh Street and Nova Road. Eleventh Street is so close to this drainage feature that pedestrian walks on the southern side of Eleventh Street were removed. Because of this drainage structure, Eleventh Street cannot be inexpensively widened. To the south of Tenth Street 1320 feet, Eighth Street runs east and west from the Halifax River to Nova Road. Both Eleventh and Eighth Streets are two-way streets along their entire length. The City bases it petition to open the crossing upon traffic congestion caused by east bound traffic on Eleventh Street seeking to turn left on US 1, and by north bound traffic on US 1 seeking to turn left onto Eleventh Street when Eleventh Street is blocked by rail traffic. The I-95/Eleventh Street interchange will increase traffic congestion on Eleventh Street. The City asserts that opening the proposed crossing would alleviate this congestion because traffic using Eleventh Street would then use Tenth Street. The traffic count on Eleventh, Tenth, and Eighth Streets was measured by the county. The traffic on Eleventh Street was 10,744; on Tenth Street was 1,019; and on Sixth Street was 6,153. According to a traffic projection run by the county traffic operations supervisor, 1,000 vehicles would be diverted from Eleventh Street to Tenth Street if a vehicle at grade crossing were opened at Tenth Street. Although this projection is suspect because it was made without any origin and destination surveys being done, the shift of 1,000 vehicles from Eleventh Street to Tenth Street is negligible in terms of its present and projected impact on Eleventh Street. It was uncontraverted that a ground level pedestrian crossing with adequate gates and signals would permit pedestrians to cross the railroad tracks quickly and therefore reduce their exposure to train/bicycle accidents. (T- 81,135.) Opening an at grade crossing on Tenth Street would create a greater potential for car/train accidents by increasing the exposure of vehicle traffic to railroad traffic. This was also uncontraverted. The fire station is currently located in the back of City Hall which is located immediately across US 1 from Holly Land Park. Plans exist to move the fire station from its present current location to a location in the vicinity of the Public Works Department along Tenth Avenue. The public library which is currently located at Holly Land Park affronting on US 1 may be relocated to the old school building located south of the city hall. Movement from the fire- station at its proposed location would be no better or worse than it is now because Tenth Street does not extend east across US 1. Emergency equipment will have to use Eighth Street or Eleventh Street to go east, and these streets are also the best routes west. The proposed crossing is not necessary based upon the traffic studies prepared by the City. Assuming the shift of 1,000 cars from Eleventh Street to Tenth Street, this would not warrant the expense and the potential hazard generated by permitting the proposed railroad crossing. It was uncontraverted that the best way to solve the congestion problem on Eleventh Street would be to widen it. However, it was universally acknowledged that this would be very expensive. While evidence is contradictory, the most credible testimony supports using one-way pairs on Eleventh and Eighth Streets as a low cost interim measure to improve traffic flow along the arterial routes. (T-112,145 et seq., and 173.) In addition to the crossings located at Eleventh and Eighth Streets, there are also crossing located at next to through streets south of Eighth, and at Fromich Street north of Eleventh. There would be more than five public crossings located within one mile of railroad track if a crossing were opened at Tenth Street.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That a Final Order be entered approving a pedestrian at grade crossing at Tenth Street in the City of Holly Hill, Volusia County, Florida; and That the Petition for a public at grade vehicular railroad crossing at Tenth Street in the City of Holly Hill, Volusia County, Florida be DENIED. DONE and ENTERED this 5th day of August, 1992, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of August, 1992. APPENDIX CASE NO. 92-0942 PETITIONER'S PROPOSED FINDINGS Petitioner's Recommended Order Paragraphs 1, 2, 8 Recommended order paragraph no. 4 Paragraph 3, 5, 7, 10 Recommended order paragraph no. 7 Paragraph 4 Recommended order paragraph no. 8 Paragraph 6 Rejected, Data in Paragraph is more credible Paragraph 9 Paragraph 6 Paragraph 11 Immaterial Paragraph 12 Cumulative Paragraphs 13, 14 Immaterial Paragraph 15 Contrary to the fact that Tenth Street ends at US 1 Paragraphs 16, 17, 18 Contrary to more credible evidence Paragraph 19 .027 represents one train/car collision every four years. If you are in the car, that is significant. Paragraphs 21, 22, 23, 24, 25 All these improvements do not establish the necessity for the proposed crossing and appear to be counter to good land use and traffic planning. Paragraph 26 No credible evidence to support this. Paragraph 27 Paragraph 6 Paragraph 28 Paragraph 7 Paragraph 29 Immaterial Paragraph 30 "de facto" crossings don't exist Paragraph 31 Immaterial Paragraph 32, 33, 34, 35 Paragraph 6 Paragraph 36 Paragraph 4 Paragraph 37 Speculative Paragraph 38 Paragraph 7 Paragraph 39 Paragraph 9 Respondent's Recommended Order Paragraph 1 Paragraph 1, 2 Paragraph 2 Paragraph 4 Paragraph 3 Paragraph 6, 10, 11 Paragraph 4 Paragraph 12 Paragraph 5 Paragraph 7 Paragraph 6 Paragraph 13, 14 COPIES FURNISHED: Ben G. Watts, Secretary Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458 Edward F. Simpson, Jr., Esquire Randal A. Hayes, Esquire Moore, Wood, Simpson, Correy, McKinnon and Vulkeja Post Office Box 305 Ormond Beach, FL 32175 Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458
