Findings Of Fact The petitioners are in the process of constructing a rural connector road between State Road 11 and U. S. Highway 1 in Flagler County. This is to be a two-lane twenty (20) foot wide pavement secondary road with the right-of-way acquisition and construction costs being provided by secondary gasoline tax funds allocated to Flagler County. The county has provided the necessary rights-of-way for the project. The project, as designed, provides for a realignment of the existing road to afford a straight approach to its connection with U. S. Highway 1. This realignment will eliminate the existing railroad crossing that is presently signalized with passive signalization consisting of standard cross-buck signs. The closing of the crossing will also eliminate a hazardous condition due to the sharp angles involved in the highway alignment at the present crossing. The proposed crossing is to be approximately 600 feet north of the existing crossing. Provision has been allowed for ingress and egress to individuals living in the area. The proposed crossing will intersect with the railroad tracks almost perpendicularly. The railroad, at this location, consists of a single track. There are sixteen (16) freight trains scheduled per day with a maximum speed of 60 miles per hour. In the vicinity of the proposed crossing the railroad track is straight. There is a curve in the track approximately 700 feet north from the proposed crossing. As a part of the proposed crossing there is to be Type II signalization installed consisting of a train-activated cantilevered flashing lights and ringing bells. These cantilevered signals are to be mounted on roadside posts which will allow maximum shoulder clearance for a fixed object in accordance with current practice and still provide for two (2) flashing lights suspended directly over each driving lane. Traffic studies conducted by the Planning Section of the Department of Transportation reflect that at present approximately 87 vehicles per day use the existing crossing. It is anticipated that 100 vehicles per day will use the proposed crossing when it is opened and projections estimate that in twenty (20) years approximately 400 vehicles per day will use the crossing. State Road S-304 is not used as a school bus route at this time nor is it anticipated that this road will be used for school buses in the foreseeable future. Permits to open and to close the crossing as applied for should be granted.
The Issue Whether a railroad crossing located at Florida East Coast Line Railroad Mile Post 175.49 should be closed.
Findings Of Fact The City of Rockledge, Florida is constructing a road in the incorporated limits of the city, known as Rovac Parkway. The road has not been completed, but when completed, it will consist of two ten foot driving lanes running east and two ten foot driving lanes running west with a twelve foot median strip and fourteen foot shoulders. This road is scheduled to intersect the Florida East Coast Line Railroad at Mile Post 175.57, and would cross the railroad with the same given dimensions as described above. After crossing the railroad, the Rovac Parkway would intersect with U.S. 1, also known as State Road 5. There is pending with the State of Florida, Department of Transportation, an application far driveway permit from the Rovac Parkway into U.S.1 (State Road 5), and a copy of the application for permit is found in the City's Exhibit #4 entered into evidence in this hearing. The area for which the application for at-grade crossing pertains is zoned R-2. In the general area of the proposed crossing it is intended that a industrial plant be built by Rovac, Inc., a firm from Maitland, Florida. The Florida East Coast Line Railroad which runs through the City of Rockledge is a single track line which runs roughly north and south and 66 percent of the population of the City of Rockledge, is located west of the Florida East Coast Line Railroad, with the remaining 34 percent found east of the Florida East Coast Line Railroad. The population in the City of Rockledge at the time of the hearing was 11,467 people. If the subject railroad crossing was open and the Rovac Parkway completed, approximately 35 percent of the 66 percent of the population lying west of the Florida East Coast Line Railroad would be using the at-grade crossing. The nearest at-grade crossing with signalization is found 1/2 mile north of the proposed crossing at Barton Road, and the implementation of an at-grade crossing at the subject location would releave the traffic at Barton Road and promote safe crossing of the Florida East Coast Line Railroad found in the City of Rockledge. Immediately north of the proposed at-grade cressing and identified as Nile Post 175.49 is an unprotected at-grade crossing. This crossing services a roofing company which services the public and also services a number of homes in the immediate vicinity of the existing crossing. If the new at-grade crossing at Mile Post 175.57 were permitted, the people who utilize the crossing at Mile Post 175.49 would be serviced by the new crossing. This service would be affected by an extension of an existing road known as Edwards Drive, from its present location to intersect with Rovac Parkway at right angles immediately west of the intersection of the proposed crossing with the Florida East Coast Line Railroad. The land that is necessary for the extension of Edwards Drive has been deeded to the City of Rockledge but has not been dedicated, A and public hearings have been held on the question of the service of those persons in the vicinity at the present at-grade crossing, in addition to public hearings on the extension of Edwards Drive. The location of the proposed crossing and the existing crossing at Mile Post 175.49, and their relationship to other landmarks in the area can be seen through the City's Exhibit #13, admitted into evidence. At the time of hearing, eight north and south bound freight trains and two local freight trains operated in the vicinity of the present crossing at Mile Post 175.49 and the contemplated crossing at Mile Post 175.57. The time schedule for the northbound freight trains is 3:00 A.M., 4:00 A.M., 5:00 A.M., 9:00 A.M., 2:00 P.M., 3:00 P.M., 4:00 P.M. and 7:00 P.M. The time schedule for the south bound freight trains is 10:45 A.M., 3:45 P.M., 7:00 P.M., 8:00 P.M. 9:00 P.M., 10:45 P.M., 11:45 P.M. and 6:30 A.M. The two local freight trains run at approximately 4:00 A.M. and 12:00 noon. The speed limit in the area of the crossing at Mile Post 175.49 and the proposed crossing at Mile Post 175.57 is 60 WH for the railroad. There is a left curve approximately 1,550 feet south of the proposed crossing. All parties to the hearing feel that it is necessary to have signalization at the proposed at-grade crossing. The witness for the City acknowledged the need for such an arrangement. The spokesman for the Railroad felt that the crossing should be controlled by an automatic system with flashing lights, ringing bells, and gates, which was train activated, and the witness of the Department of Transportation felt that the safety equipment at the proposed at-grade crossing should be a Type IV, with cantilevered flashing lights, ringing bells and gates. The some witnesses stressed that the existing crossing at Mile Post 175.49 was not signalized and therefore was much more dangerous than a signalized crossing, such as the proposed crossing at Mile Post 175.57. Exhibits which were offered in the course of the bearing which address the propriety of opening a crossing at Mile Post 175.57 and closing the crossing at Mile Post 175.49 were as follows: Exhibit #1, by the City, is a map of the City of Rockledge; Exhibit #2, by the City, is a comprehensive land use plan of the City; Exhibit #3, by the City, is a resolution of the City Council, City of Rockledge, proposing the opening of the crossing at Mile Post 175.57; Exhibit #6, by the City, a traffic count at the Barton crossing; Exhibit #11, by the City, a resolution of the Brevard Economic Development Commission concerning the impact of such a development; and Exhibit #12, by the City, a drawing of the extension of Edwards Drive and the construction of the Rovac Parkway, together with the present crossing and the proposed crossing.
Recommendation It is recommended that the application for closing the Florida East Coast Line Railroad crossing at Mile Post 175.49 be granted, contingent upon the opening of a signalized railroad crossing at Florida East Coast Line Railroad Mile Post 175.57. DONE and ENTERED this 2nd day of July, 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: Walter C. Sheppard, Esquire City Attorney, for Rockledge 115 Harrison Street Cocoa, Florida 32922 Charles B. Evans, Esquire Florida East Coast Line Railroad One Malaga Street St. Augustine, Florida 32084 Philip Bennett, Esquire Office of Legal Operation Department of Transportation 605 Suwannee Street Haydon Burns Building Tallahassee, Florida 32304
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 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 there should be an opening of a public at-grade rail/highway crossing and new rail line construction on Jones Road and Georgia Southern and Florida Railroad - MP 243.
Findings Of Fact The following stipulation was agreed upon and written by the parties: "1. As to the necessity of the opening of the said crossing. Westlake is a develop- ment where in excess of $25,000,000 has been spent in a project of the Georgia Southern & Florida Railway, of which $15,000,000 has al- ready been spent to date. Such project has been reviewed and approved by the Jacksonville Planning Board and the public need has been recognized and determined for this residential and light industrial development. As to the facility. The track will be an extension of existing lead track that was originally considered and approved by the De- partment of Transportation crossing Garden Street and is an extension south to the Appli- cant's property lime. Said extension is to serve the need of said development and must be extended across Jones Road to facilitate the services of light industrial purposes. Said track is an extension being two miles in length. Safety and signalization. To meet the required safety standards of the State of Florida, Applicant agrees to install cantalevered flashing lights and bells, side mounted, which are referred to as Type 2 installation. Applicant also agrees to provide sign and pavement markings as specified in MUTCD. The parties agree that said construction of signal device will provide the required public safety. The present anticipated need of such crossing of the Applicant are for one train per day rail traffic in and out. Jones Road is a two-lane rural road with posted speed limits of 45 miles an hour. As to the construction. Said plans have been presented and approved by the City Engineer, Jacksonville, Florida. Applicant agrees to pay for the installation and maintenance of signalization. Approximately $35,000 for the installation and $3,000 per year maintenance. Applicant agrees that it is a quasi-public corporation existing in perpetuity. Applicant agrees to abide by the rules and regulations of the Department of Transportation and laws of the State of Florida, as well as the ordinance code of the City of Jacksonville." The facts as outlined in the stipulation of the parties are the Findings of Fact of the Hearing Officer.
Recommendation Issue the required permit. DONE and ORDERED this 25th day of July, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Julie H. Kuntz, Esquire American Heritage Life Building Jacksonville, Florida
The Issue Whether the application of the Florida East Coast Railway Company (FEC) to close the subject railway crossing should be dismissed for lack of regulatory jurisdiction.
Findings Of Fact Petitioner owns and operates a propane gas distribution facility adjacent and parallel to the FEC railroad track within the Town of Lantana. The railroad track is between Petitioner's facility and U.S. Highway 1. To reach its property from U.S. Highway 1, Petitioner's employees must utilize a railroad crossing commonly known as Gator Culvert. The Gator Culvert is an at-grade railroad crossing. On October 13, 1948, the Town of Lantana acquired a right-of-way for road purposes at the Gator Culvert from Everett Wurtz, Petitioner's predecessor in title. On December 13, 1948, FEC and the Town of Lantana entered into a one-year renewable license to use the crossing for public road crossing purposes contingent upon the Town of Lantana assuming the cost of maintaining the crossing. On June 26, 1979, the Town of Lantana quit-claimed its interest in the right-of-way to Gator Culvert.2 On March 29, 1996, Petitioner filed suit against FEC seeking declaratory and injunctive relief regarding its rights to use the Gator Culvert crossing. This litigation is pending in Circuit Court in Palm Beach County, Florida. On June 28, 1996, FEC filed the subject application with Respondent for authorization to close the Gator Culvert crossing. On October 2, 1996, Petitioner amended the complaint that underpins the Circuit Court litigation to join Respondent and the Town of Lantana as defendants. By Count One of the Amended Complaint, Petitioner (referred to as Plaintiff in the Circuit Court pleadings) requests the Court to: . . . grant a declaratory judgment ruling that Plaintiff has a way of necessity purusant to F.S. Section 704.01(1) and that Defendants FEC, FDOT, and Town of Lantana may not close the crossing and thereby prevent Plaintiff's use of its way of necessity. Plaintiff further requests a trial by jury pursuant to F.S. Section 86.071. By Count Two of the Amended Complaint, Petitioner requests the Court to: . . . grant a declaratory judgment ruling that Plaintiff has a prescriptive easement and that Defendants FEC and the Town of Lantana may not close the crossing and thereby prevent Plaintiff's use of said easement. Plaintiff further requests a trial by jury pursuant to F.S. Sectioln 86.071. By Count Three of the Amended Complaint, Petitioner requests the Court to: . . . enter a temporary and permanent injunction restraining and enjoining Defendant, FDOT from granting FEC's application to close the crossing; to restrain and enjoin Defendant FEC from ceasing to maintain and from closing the railroad crossing which provides the only access to Plaintiff's property; and to restrain and enjoin the Town of Lantana form executing the Stipulation for Approval of Closure3 or participating in any way with the attempted closure of said crossing. Count Four of the Amended Complaint pertained only to the Town of Lantana and did not involve Respondent. On August 14, 1998, Respondent published its Notice of Intent to Dismiss Application to close the subject railroad crossing in the Florida Administrative Weekly. This notice set forth Respondent's rationale for dismissing the application to close the Gator Culvert crossing that FEC had filed June 28, 1996, in pertinent part, as follows: . . . The history of the crossroad, and its current condition indicate that it is not a public road. In particular, on the 26th day of June 1979, the Town of Lantana quit- claimed its interest to the right of way for public road purposes to Gator Culvert. While the prior status of the road as a public road is in doubt, this transaction effectively abandoned the right of way as a potential public roadway. Because the crossing is not a public railroad-highway grade crossing, the location is not subject to the Department's jurisdiction pursuant to Section 335.141, Florida Statutes. . . . On September 4, 1998, Petitioner timely filed its Petition for Formal Administrative Hearing with Respondent, the pleading that underpins this proceeding. On September 10, 1997, the Respondent issued a rails inventory that identified the Gator Culvert crossing as a private crossing. Scott Allbritton, Respondent's Rail Programs Engineer, reviewed and assessed the documents in the public record in processing FEC's application that were necessary and appropriate to determine whether the subject crossing was public or private, thereby determining whether Respondent lacked jurisdiction to regulate the subject crossing. His investigation revealed that the record title to the subject crossing was private. Based on Mr. Allbritton's investigation, Respondent determined that it lacked jurisdiction to regulate the subject crossing since it was not a public crossing. Respondent did not act in an arbitrary or capricious manner in making that determination. Respondent does not attempt to adjudicate real property disputes by its administration of the statutorily mandated railroad/vehicular traffic crossing program.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order that dismisses this proceeding. DONE AND ENTERED this 17th day of February, 1999, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of February, 1999.
The Issue Whether a permit should be granted to open a public at-grade rail highway crossing of the Florida East Coast Railway Company track at West Avenue "A" (Railway Mile Post K-61 + 4361'), in the City of Belle Glade, Florida.
Findings Of Fact The City Commission of the City of Belle Glade, Florida, prior to July 1, 1972, determined that it needed a grade level crossing on West Avenue "A" across the Florida East Coast Railway tracks. Thereafter on April 19, 1977 it submitted an application to the Respondent, Florida Department of Transportation, through its City Manager, Robert R. Sanders for the railroad grade crossing. The type of rail line existing is single track; the number of trains per day from November to May is 11, and from May to November is 2, and the speed of trains is 35 mph. The proposal is for a grade level crossing two- lane road. The cost of signal installation and the cost of annual maintenance is to be charged to the Petitioner. The railroad creates a dividing barrier separating the eastern part of the city from the western part of the city; a canal separates the southern part of the city from the northern part of the city. South of the canal there are three street level crossings across the railroad, of which the northernmost is the canal. The next one to the south lies approximately 600' south at Northwest Avenue "D". The third lies approximately 2800' south of Avenue "D" crossing. The proposed crossing is approximately 1,600' north of the southernmost Avenue "E" crossing and approximately 1,200' south of the Avenue "D" crossing. The area lying immediately west of the Avenue "D" crossing is primarily residential. West Canal Street and Avenue "E" carry the bulk of the traffic from east and west and from west to east lying south of the canal. The proposed crossing would provide an additional access from east to west lying south of the canal. The opening of a West Avenue "A" crossing would take some of the traffic from the crossing at Southwest Avenue The site for the proposed crossing is located along a curve of the railroad track and there are some sight problems because of the curve and because of vegetation. There are two at-grade crossings north of the canal. The police station is located on West Avenue "A" in the center of town east of the proposed crossing site. The fire department is located on Southwest Avenue "E", both of which provide emergency services to the high density area of the city without the use of a railroad crossing. The response time to the high density area is a matter of minutes for both the fire department and police department. Some response time could be saved to the affected area by the installation of the proposed crossing, but the time saving is under four minutes. No evidence was submitted as to the average number of police and fire calls from the affected area and there was no projection as to the average daily traffic across the proposed crossing.
Recommendation Deny the permit. DONE and ENTERED this 28th day of February, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of February, 1978. COPIES FURNISHED: John E. Baker, Esquire City of Belle Glade 257 Southeast Avenue E Belle Glade, Florida 33430 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 John W. Humes, Jr., Esquire Florida East Coast Railway Co. One Malaga Street St. Augustine, Florida 32084
Recommendation It is recommended that the permit be granted and that the crossing be opened subject to the type of crossing protection equipment agreed on by the parties DONE and ORDERED this 23 day of November, 1976, in Tallahassee Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: John W. Humes, Jr., Attorney Florida East Coast Railway Company One Malaga Street St. Augustine, Florida 32084 Ralph B. Wilson, Attorney St. Lucie County Post Office Box 700 Ft. Pierce, Florida 33450 George L. Waas, Attorney Florida Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
The Issue Whether there should be a public at-grade opening and new roadway construction on 54th Avenue North, Section No. 15,000-6619 Pinellas County Parcel No. 1 (XSO-H) 2,088 feet northwest of Mile Post SY-886.
Findings Of Fact The railroad crossing at 59th Avenue North can serve as a single access to the proposed subdivision. Use of the access as the only entrance to the subdivision requires travel through a substandard area and requires the Petitioner to upgrade 1900 feet of a county owned road at its own expense (59th Avenue North). Two accesses would be convenient to the future homeowners and permit better accessibility for emergency vehicles and for service vehicles. If the proposed crossing is not approved, the Petitioner may not be able to obtain private or government subsidized financing (FHA) for the proposed subdivision. With respect to the proposed crossing at 54th Avenue North, the Petitioner has obtained an easement from Pinellas County for an extension of 54th Avenue across the railroad tracks into the subdivision. Pinellas County has accepted responsibility for perpetual maintenance of the crossing if the proper signalization is installed, at no expense to the county. The Respondent Florida Department of Transportation recommends that if the crossing is permitted, the following conditions be met: 54th Avenue North should be constructed with a six inch raised vertical curb on each side of the railroad tracks. 54th Avenue North should be modified to eliminate the dip which presently exists on each side of the railroad tracks in order to improve visibility. Side-mounted flashing lights, gates and bells should be installed at the crossing. That no structures should be built on the small triangular piece of land designated as Parcel B on Petitioner's Exhibit 3. The Respondent recommended and the Petitioner agreed that the signalization and roadway modifications will be installed or constructed without cost to the Florida Department of Transportation. The possible use of the railroad corridor as a mass transit or light rail facility is speculative at this time. The Respondent Seaboard Coastline Railroad had notice of the hearing and made no appearance.
Recommendation The Parties have shown that the crossing is necessary for the safety of the future residents of the area and that when developed, there will be a need for two accesses to the subdivision. Issuance of a permit for the proposed railroad crossing at 54th Avenue North with the conditions set forth in the fifth and sixth Finding of Fact. DONE and ORDERED this 2nd day of December, 1976 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: William L. Boyd, Esquire Post Office Box 5617 Tallahassee, Florida 32303 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 G. S. Burleson, Sr. Assistant State Utility Engr. Haydon Burns Building, DOT Tallahassee, Florida 32304 Eugene R. Buzard, Esquire Seaboard Coastline Railroad 500 Water Street Jacksonville, Florida 32207 Henry Van Kestern Cambell - Van Kesteren, Inc. 4422 Cantral Avenue St. Petersburg, Florida 33711 W. L. Anderson District Utility Engineer, DOT Post Office Box 1249 Bartow, Florida 37516 W. Gray Dunlap, Esquire County Attorney 315 Haven Street Clearwater, Florida 37516 Thomas J. Murphy Post Office Box 1304 St. Petersburg, Florida 33733
The Issue Whether there should be an opening of a public at-grade railroad crossing by New Rail Line Construction in the vicinity of: 1420 feet west of Mile Post SX 904, Seaboard Coastline Railroad (Northwest 9th Street), Okeechobee County, Florida.
Findings Of Fact A railroad grade crossing application was submitted by Petitioner, McArthur Farms, Inc., for "opening a public at-grade rail highway crossing by New Rail Line Construction" in an unincorporated area of Okeechobee County on Northwest 9th Street and Seaboard Coastline Railroad, Railroad Mile Post 1420 feet west of Mile Post SX 904, west 900 feet, east 686 feet. The type of roadway is an existing paved two-lane road. The proposal is for a single track spur to serve one (switcher) train per day at a speed of 4 miles per hour. The cost estimate is $5,000 with the cost of the installation charged to the applicant. The cost estimate for annual maintenance is $800 with the cost of annual maintenance charged to the applicant. The signal installation is to be performed by the applicant and is a "warning sign." The cost of the installation is to be charged to the applicant. The application was submitted on February 18, 1977 and received departmental approval on February 21, 1977. The parties submitted a joint exhibit which is the letter from the Respondent, Seaboard Coastline Railroad Company, stating: "Further reference is made to your letter of February 21, 1977, and my reply of February 25 which had to do with application of McArthur Farms, Inc., for a crossing at grade of existing 15th Street by an industrial spur track at Okeechobee, Fla. This Company will have no objections to this proposal with the understanding that all ex- pense in connection therewith, including cost of signals or other warning devices which may be required, will be assumed by the Industry. Presume we shall be given notice of the hear- ing on this application. Yours very truly, T. B. Hutchenson Assistant Vice President" The following statement was made by the attorney for the Respondent, Florida Department of Transportation, and concurred with by the attorney for the applicant: "In summary, Madam Examiner, the applicant made application for a spur line, located between other spur lines, across a two lane road in a rural area. The crossing will be used to service a feed mill. The movements will be in the daytime. There are less than 5,000 motor vehicles presently using the two lane roadway, traveling at less than 30 miles per hour. The roadway is two lanes. The characteristics of the highway in ques- tion are conducive to manual flagging and stopping of traffic. There will be no night movements of the train. And it meets the factual requirements that fall within an exception to any requirement for active signalization inasmuch as the exception within which it falls is in the afore cited provision of the Florida Administrative Code. (Chapter 14-46.03(3)(g)2., F.A.C.) The applicant will pay for the installation of the crossing and the necessary cross-bucks as minimum signalization, and there will be provided manual flagging for the crossings. So need has been established, safety pre cautions have been arranged and the crossing itself falls within the exceptions to active signalization." The Hearing Officer further finds: The need has been established for the crossing. Safety precautions needed have been arranged.
Recommendation Grant the permit upon the applicant's submitting an agreement with the Respondent railroad for the installation of the crossing and the signalization. DONE and ORDERED this 15th day of September, 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 Harry K. Bender, Esquire Nicholson, Howard, Brawner & Lovett 131 Dade Federal Building 119 East Flagler Street Miami, Florida 33131 Eugene R. Buzard, Esquire Seaboard Coastline Railroad Company 500 Water Street Jacksonville, Florida 32202
