Recommendation Based on the foregoing findings of fact and conclusions of law, I recommend that the application of the Petitioner-Applicant for the subject railroad crossing at Northwest 74th Avenue, between 74th and 77th Streets in the City of Medley, Florida, be DENIED. RECOMMENDED this 16th day of January, 1978, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Stephen Lubow, Esquire City Attorney of Medley, Florida 819 Dupont Plaza Center Miami, Florida 33131 Phillip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 John W. Humes, Jr., Esquire Attorney for Respondent Florida East Coast Railway Company One Malaga Street St. Augustine, Florida 32084
Findings Of Fact The parties to this case filed a joint Stipulation of Facts by which it was shown that the County filed an application with the Florida Department in September of 1976 to cross the branch line of the Railway from Moultrie Junction (St. Augustine) to East Palatka, Florida at the Railway's Mile Post 44 plus 1780.3 feet. The crossing is more clearly shown by attachments to the County's application and the Railway's Plan 5O (MP 44 + 1780.3') of November 3rd, 1976, which was attached to the Stipulation of Facts, both of which are incorporated into these Findings. The proposed crossing will be by a county roadway to be non as Tillman Ridge Road, and will be primarily used by garbage trucks or other vehicles ceding access to the County's sanitary landfill. The Railway has currently scheduled two trains per week in each direction over the proposed crossing, but could handle additional regularly scheduled or extra trains as warranted. Train speed limit is 40 MPH. The County roadway will curve to the right on the north side of the Railway crossing. The Railway and the County have signed a contract calling for the installation of train activated flashing lights, gates and bells to be installed at the crossing. The County executed the agreement after the County Commission unanimously authorized execution at its public meeting of January 11th, 1977. A copy of that portion of the minutes of the County Commission meeting is attached and incorporated into this Stipulation. All of the parties to this proceeding agree that the crossing will be adequately protected by the installation of these devices. The Stipulation of Facts and the Motion for Entry of Recommended Order are incorporated as a part of this Order.
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 14th day of March, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this day of , 1977.
The Issue The granting or denial of permits to open and to close public at-grade railroad crossings as provided by Section 338.21, Florida Statutes, 1973.
Findings Of Fact The petitioner is in the process of constructing a major vehicular traffic facility linking U.S. Highways 17 and 92 with Interstate Highway 4. All administrative and legal prerequisites for the project have been accomplished and sanctioned by court order. The project, as designed, requires a realignment of Greenwood Road. It also requires the closing of an existing artery in this portion of Collier County and at present it dead-ends at Goodlette Road. The county's long-range road plans provide for expanding State Road 951A to the west to join U.S. 41, or to connect with a road in the city that would join U.S. 41. Pending the acquisition by the city of the right to cross the railroad track, the county has not obtained any rights-of-way that will be required to connect the proposed Coastland Boulevard with SR 951A from its intersection with Goodlette Road. In Exhibit 2 the connection of these two arteries is indicated in the yellow area on the map, which shows Coastland Boulevard crossing Goodlette Road, and extending in an inverted curve northward to join SR 951A. In the absence of the actual acquisition of the rights-of-way, however, the portion indicated on Exhibit 2 east of Goodlette Road is a general proposal rather than a specific indication of where the road will be placed. The proposed rail grade crossing insofar as the city is concerned and without considering any further action by the county, would result in a road that would cross the railroad track and dead-end on a north-south artery road. Some 700 feet to the north is SR 951A, which presently dead-ends at the eastern right-of-way of Goodlette Road. Some 200 feet to the north of SR 951A and leading to the westward of Goodlette Road is 22nd Avenue North, which also dead- ends at Goodlette Road. Without further action by Collier County to extend the proposed Coastland Boulevard across Goodlette Road there would be three T- intersections on Goodlette Road within a span of less than 1,000 feet. From the foregoing it is concluded that there is an urgent need for the proposed new boulevard and a grade crossing over the Seaboard Coastline Railroad tracks. It is further concluded, however, that to allow this crossing without extending the proposed Coastland Boulevard to the east of Goodlette Road would not be in the best interest of the safety of vehicular traffic in Use area concerned. It is therefore, RECOMMENDED that the petition of City of Naples, Florida to install a railroad grade crossing in the vicinity of the proposed Coastland Boulevard and 603 feet south of Seaboard Coastline Railroad Company mile post AX999 in Naples, Florida be approved subject to Collier County taking official action to extend Coastland Boulevard eastward of Goodlette Road. It is further RECOMMENDED that final approval of this grade crossing be withheld until such time as the City of Naples and Collier County submit to the Department evidence that the necessary rights-of-way have been acquired and money has been appropriated for the construction of that portion of Coastland Boulevard east of Goodlette Road. DONE and ORDERED this 12th day of September, 1975 at Tallahassee, Florida. K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Julian Clarkson, Esquire Philip Bennett, Esquire General Counsel's Office Seaboard Coastline Railroad Company 500 Water Street Jacksonville, Florida 32202
The Issue Whether the Florida Department of Transportation should issue a permit for the installation of a railroad crossing in the vicinity of the S.C.L. Railroad Company Milepost, 775 feet North of Milepost SW-873 on the alignment of 12th Avenue, East, Bradenton, Florida.
Findings Of Fact Having heard the testimony of witnesses for the Petitioner and Respondents and the arguments of those witnesses appearing and of counsel for the Department of Transportation on the issues and considering the evidence presented in this cause, it is found as follows: Petitioner, City of Bradenton, Florida is a political subdivision of the State of Florida, duly authorized to establish and maintain city streets within the boundaries of the City of Bradenton, Florida. The City of Bradenton has heretofore filed an application with the Dept. of Transportation of the State of Florida pursuant to Chapter 338.21 Florida Statutes for permission to establish a graded railroad crossing for 12th Avenue East between 9th and 10th street East, a city street, proposed to intersect the Seaboard Coast Line Railroad tracks approximately 775 feet north of Milepost SW-873 of the Seaboard Coast Line Railroad. 12th Avenue would serve that portion of the city which has experienced rapid development and substantial increase in population. An existing crossing on 13th Avenue was technically closed by the city but in fact both public and private use is made of the crossing. The 13th avenue crossing is hazardous as now used and opening a crossing as proposed on 12th Avenue would take most of the pedestrian and vehicular traffic off 13th Avenue, and reroute it to 12th Avenue where the visibility is not restricted. The nearest public crossing is 9th Avenue between seven hundred and eight hundred feet away from 13th Avenue and a crossing is needed nearby. The parties agree that the 12th Avenue crossing is needed and that the 13th Avenue crossing is hazardous. The 13th Avenue crossing will remain a private crossing. The city and the railroad company agree: That a permit should be granted for the 12th Avenue crossing. That the crossing involves a switching operation of ten slow movements or less a day with no night traffic. That heavy use is involved only at the Tropicana plant work-time when employees are going to work or after work. Employees now use the 13th Avenue crossing. That a cross-buck, together with a flagging operation, is sufficient signalization. That a cross-buck together with a flagging operation will still be use at the 13th Avenue private crossing. That the proposed crossing is desirable and necessary and the proposed signalization is sufficient to protect the general public. The city agrees to bear the expense of installing the signalization and maintaining such crossing. The Hearing Officer further finds: The proposed crossing is necessary and desirable. The signalization is adequate as planned, to protect the public. The Petitioner city needs the crossing. The respondent railway company does not oppose the opening providing signalization and mainte- nance be provided by others. The respondent Department of Transportation safety engineer recommends that the permit be granted to open the crossing conditioned on: (a) the use of a flagman, (b) compliance by the city with the Manual on uniform control Devices 2B-42, 2C-31, 3B-16 (painting the railroad crossing sign on pavement, use of railroad warning disk, providing cross-bucks), (c) minimum sight distance, as agreed on by the railroad and Department of Transportation standards, (d) the crossing being constructed and maintained by other than the Department of Transportation. The city Petitioner has agreed to install cross-bucks and to maintain the crossing in safe and usable conditions.
The Issue Whether 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 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
Findings Of Fact Arvida Corporation owns a tract of approximately 35 acres in Dade County which it has agreed to sell to General Plastics Corporation. General Plastics Corporation proposes to construct a facility 80,000 square feet in area at which 100 to 125 persons would he employed in the manufacture of plastic bags. Raw materials would be delivered by rail; the finished product would leave the factory by truck. Respondent Seaboard maintains a main rail line bordering the proposed plant site. Scheduled freight trains traverse this line daily, one northbound, one southbound. At the height of the vegetable harvest in January and February, there are additional, unscheduled, freight trains, one in each direction each day. In addition, miscellaneous trains, called work extras, use the track. At all pertinent points along the track, the trains' speed limit is 25 miles per hour. If the track should be upgraded, the speed limit might be raised to 35 miles per hour. Cars and trucks can cross this track at two places in the vicinity of the proposed plant site. Southwest 144th Street crosses not only the main track but also spurs leading to property of Oolite Industries, Inc. This crossing is a private crossing, which the general public has no legal right to use, but which Oolite Industries, Inc. uses under an agreement with Seaboard. In practice, the gates designed to block public access to this crossing are seldom closed. The second crossing, also a private crossing, is the subject of the present application. Florida Power & Light Company has the contractual right to cross Seaboard's track at the intersection of the track with Southwest 127th Avenue, Gates crossing Southwest 127th Avenue perpendicularly on either side of the track are ordinarily closed and locked. Seaboard's main track runs southwesterly-northeasterly and intersects, at an angle of approximately 30, Southwest 127th Avenue, which runs north-south. Some distance southwest of the intersection, two spur lines leave the main line in a more westerly direction. Seaboard uses these spur lines to service Oolite Industries, Inc. A train standing on the main track could obscure a train on either of the spur lines from the view of a motorist on Southwest 127th Avenue south of the crossing. At the crossing itself, a driver, whether northbound or southbound, would have to look back over his shoulder in order to see down the track. Southwest 127th Avenue has been designated as an arterial roadway in Dade County's master land use plan. Access to General Plastics Corporation's proposed plant by way of Southwest 127th Avenue would allow trucks to reach the plant from the turnpike by way of Coral Reef Drive instead of having to drive several miles through residential neighborhoods to Kendall Drive. Using the Southwest 144th Street crossing is not a viable alternative because a safe roadway could not be constructed from the crossing to the proposed plant site, on account of the proximity of the track to water and to towers supporting a power transmission line.
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.
