Findings Of Fact Petitioner, the Deltona Corporation, is managing a development known as Rotonda owned by Cape Cave Corporation and desires to open two at-grade railroad crossings from this development to SR 771, the major road providing access to and from the development. Both of these crossings were previously approved by the railroad and the county agreed to maintain the crossings once installed. However Petitioner desires to relocate the crossing previously existing at Rotonda Boulevard 50 feet to the north and change Ingram Boulevard crossing to a four lane road. The proposed crossing at Ingram Boulevard is some 2300 feet north of Rotonda Boulevard. The hurricane evacuation route for the people in the area to SR 771 is over Rotonda Boulevard. Most of the lots in the Rotonda development have been sold and the developer is not in the process of installing the streets. It is Petitioner's position that the additional crossing at Ingram Boulevard is needed to provide egress for the Rotonda residents when the other crossings congested with hurricane evacuation traffic. Neither of the roads involved approach the railroad at a right angle. Proceeding northeast Rotonda Boulevard parallels the railroad until just before reaching the point of crossing when Rotonda Boulevard turns 60 degrees to 70 degrees to the right. The track is then crossed at an angle of some 30 degrees from normal. The approach at Ingram Boulevard turns about 30 degrees to the right when proceeding eastward and the road then crosses the track nearly normal thereto. Additionally Antilla Drive joins Rotonda Boulevard at the point Rotonda turns right to cross the track thus creating a Y intersection immediately before the crossing. The view of the crossing at Rotonda Boulevard East is obstructed to some extent by vegetation and the angle of the crossing further impedes the safety features of this crossing. The approach to the Ingram boulevard crossing from SR 771 is nearly normal and from the development the angle is about 30 degrees. Accordingly the Ingram crossing, assuring proper signaling devices are installed, would provide the safer crossing. The SAL track here involved is infrequently used, with only one or two trains per day and the train speed is restricted to slow. Respondent, in regulating the crossings, prefers to have adjacent crossings of a track separated by considerably greater distances than one-half mile.
The Issue Whether a permit should be granted for a public-at-grade rail/highway crossing by new rail construction 50 feet north of Seaboard Coast Line MP SVC 855, Ft. Green Springs Road, Hardee County, Florida, Section 0600-6605, State Road 663.
Findings Of Fact After the hearing was called to order the parties called for a recess and after the recess the following stipulation was agreed to: There is a need for the subject crossing to serve the applicant's mining operation. The new rail construction is needed to move rock from the mine to applicant's other plants. It was further agreed that the applicant, C. F. Mining Corporation, will Provide the installation of side mounted flashing lights and ringing bells, and advance warning disks with flashers and pavement markings as outlined in Part 8 of the Manual of Traffic Control Devices. The applicant, Hardee County, as a part of its overall road program will police the crossing and notify the applicant's mining corporation of any defective operation in the signalization. The permit would provide a way for an industrial spurline to come off the main track of Seaboard Coast Line Railroad across Fort Green Springs Road into the C. F. Mining Corporation plant. The Seaboard Coast Line Railroad did not appear at the hearing and made no objection to the granting of the permit. The need for the crossing has been established and proper precautions for public safety are planned.
Recommendation Grant the permit as Requested. DONE and ORDERED this 22nd day of November, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 Philip S. Bennet, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 David Ashby, Chief Engineer C. F. Mining Corporation Post Office Box 1849 Bartow, Florida 33830 Eugene R. Buzard, Esquire Seaboard Coast Line Railroad Company 500 Water Street Jacksonville, Florida 32202
The Issue Whether there should be an opening of a public at-grade rail/highway crossing and new rail line construction on Jones Road and Georgia Southern and Florida Railroad - MP 243.
Findings Of Fact The following stipulation was agreed upon and written by the parties: "1. As to the necessity of the opening of the said crossing. Westlake is a develop- ment where in excess of $25,000,000 has been spent in a project of the Georgia Southern & Florida Railway, of which $15,000,000 has al- ready been spent to date. Such project has been reviewed and approved by the Jacksonville Planning Board and the public need has been recognized and determined for this residential and light industrial development. As to the facility. The track will be an extension of existing lead track that was originally considered and approved by the De- partment of Transportation crossing Garden Street and is an extension south to the Appli- cant's property lime. Said extension is to serve the need of said development and must be extended across Jones Road to facilitate the services of light industrial purposes. Said track is an extension being two miles in length. Safety and signalization. To meet the required safety standards of the State of Florida, Applicant agrees to install cantalevered flashing lights and bells, side mounted, which are referred to as Type 2 installation. Applicant also agrees to provide sign and pavement markings as specified in MUTCD. The parties agree that said construction of signal device will provide the required public safety. The present anticipated need of such crossing of the Applicant are for one train per day rail traffic in and out. Jones Road is a two-lane rural road with posted speed limits of 45 miles an hour. As to the construction. Said plans have been presented and approved by the City Engineer, Jacksonville, Florida. Applicant agrees to pay for the installation and maintenance of signalization. Approximately $35,000 for the installation and $3,000 per year maintenance. Applicant agrees that it is a quasi-public corporation existing in perpetuity. Applicant agrees to abide by the rules and regulations of the Department of Transportation and laws of the State of Florida, as well as the ordinance code of the City of Jacksonville." The facts as outlined in the stipulation of the parties are the Findings of Fact of the Hearing Officer.
Recommendation Issue the required permit. DONE and ORDERED this 25th day of July, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Julie H. Kuntz, Esquire American Heritage Life Building Jacksonville, Florida
Findings Of Fact Transportation plans for Broward County made as long ago as 1965 provide for roads crossing the SCL tracks at N. W. 48th Street in Broward County and at S. W. 10th Street in Deerfield Beach. Both of these routes are now planned as principal E-W arteries providing four lanes of traffic. Rights of way for these routes both east and west of the SCL tracks have been acquired by the City of Deerfield Beach and by Broward County. Approaches for both of these arteries over the recently completed I-95 running just east of the railroad tracks have also been completed. Two crossings presently provide access from east of the tracks to the area here involved west of the tracks, one at SR 810 to the north and the other at Sample Road some 3 1/2 miles to the south. S. W. 10th Street in Deerfield Beach is just under one mile south of SR 810 also in Deerfield Beach, and N. W. 48th Street is outside the incorporated area of Deerfield Beach one mile south of S. W. 10th Street. The population of Deerfield Beach is approximately 31,000 and some 6,000 persons reside west of the SCL tracks. The largest development in Deerfield Beach west of the tracks is Century Village located south of and adjacent to SR 810. The only entry to and access from Century Village is via SR 810. In the event the crossing at SR 810 is blocked emergency access to Century Village and other areas west of the SCL tracks is via Sample Road or via the next crossing to the north in Palm Beach County some five miles north of SR 810. Fire protection for the unincorporated area of Broward County in the vicinity of N. W. 48th Street west of the SCL tracks is provided from the fire station approximately one mile east of the SCL tracks near SR 810 and US 1 in Deerfield Beach. To reach that area it is necessary to cross the tracks at SR 810, proceed west to Powerline Road, south to Sample Road, east to N. W. 9th Avenue, and north to the area. A similar route would have to be followed by other emergency vehicles either police or medical. Substantial growth of the area immediately west of the SCL tracks between SR 810 and Sample Road has occurred and developments are currently underway to provide numerous homesites, principally trailer park facilities, in this area. Sample Road has been widened to 6 lanes and is estimated to be 300 percent overcapacity if all land use plans predicated for the area are developed. Additional E-W arterial transportation routes are needed. SCL presently has a passing track or siding at the proposed S. W. 10th Street crossing. This siding is 5700 feet long and can accommodate 96 cars. Three-fourths of this track lies north of S. W. 10th Street and approximately 71 cars could be accommodated, on the portion of the siding north of S. W. 10th Street. This 5700 foot section of track is adjacent and parallel to the main track which presently carries 6 passenger and 6 freight trains per day plus approximately 2 switch trains per day. It is used to drop off cars for later pickup, for allowing north and southbound trains to pass, or for a passenger train to pass a freight train. Exhibit 16 was stipulated into evidence to show typical activity at this 5700 foot Deerfield Beach siding. During the period February 22, 1976 to April 13, 1976 the largest number of cars held on this siding at any one time was 68. Similar sidings (generally with greater capacity) exist at various places alongside SCL tracks. The cost of providing a grade separation crossing at the SCL tracks at either N. W. 48th Street or S. W. 10th Street is approximately one million dollars. While such a crossing would obviously be safer than a grade crossing, the cost to benefit ratio for the grade crossing over the grade separation crossing is 4.52 at 48th Street and more than 3 at S. W. 10th Street. The safety index for both of the proposed grade crossings with active safety warning devices is in the range of acceptability - each showing an accident probability of one every 11 years. Annual cost of the signals and warning devices to be installed on the grade crossing is some $21,000 a year while the cost of a grade separation structure is some $63,000 a year. Providing grade separation at S. W. 10th Street would necessitate the approach on the east of the track starting at about the same place the approach on the west side of I-95 starts, thereby effectively blocking any N-S access to S. W. 10th Street between I-95 and the SCL tracks. Although Exhibit 17 was not admitted into evidence one witness testified that the figures thereon, showing the cost of relocating the 5700 feet of siding at Deerfield Beach, were on the conservative side and would probably cost more. However, no evidence was presented that an at-grade crossing would render this siding useless for the purposes intended nor was any evidence offered to show that the value of this siding to SCL would be materially reduced by an at-grade crossing at S. W. 10th Street.
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 Based upon the above findings of fact and conclusions of law, it is RECOMMENDED that the application of the L&N Railroad Company to close the Johnson Street or Post Office Road rail/highway crossing be DENIED. Respectfully submitted this 24th day of October, 1979, in Tallahassee, Florida. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Dawn E. Welch, Esquire Beggs and Lane Post Office Box 12950 Pensacola, Florida 32576 John Dowd, Esquire Post Office Box 129 Fort Walton Beach, Florida 32548 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building 605 Suwanee Street Tallahassee, Florida 32304 Secretary William N. Rose Department of Transportation Haydon Burns Building 605 Suwanee Street Tallahassee, Florida 32301
Recommendation Close existing railroad crossing at Citrus Springs Boulevard and Seaboard Coastline Mile-post 763. DONE and ORDERED this 8th 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: George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Eugene R. Buzard, Esquire Seaboard Coastline Railroad 500 Water Street Jacksonville, Florida 32202 Mr. Gordan S. Burleson, Sr. Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William Livingston, Esquire 3250 S. W. 3rd Avenue Miami, Florida James L. Shroads, Esquire 2350 S. W. 3rd Avenue Miami, Florida 33129
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
Findings Of Fact The railroad crossing which is the subject of this proceeding is crossing number 272642-N, in the City of Miami, Florida. Its location at N.W. 13th Street is approximately 430 feet south of an existing crossing located at N.W. 14th Street, and roughly 850 feet north of another crossing located at N.W. 11th Street. The Railway's rationale for seeking to close the N.W. 13th Street crossing is that these other two nearby crossings offer practical alternate routes to the N.W. 13th Street crossing, and can provide adequate access to the area for the public and emergency services. The City's opposition is based on its contention that closure of the N.W. 13th Street crossing would adversely affect emergency access to the area, and would restrict access to the adjacent area where the City has at least two redevelopment plans pending which contemplate the building of approximately 10,000 new residential housing units. The Department of Transportation supports the closing of the subject crossing, contending that the existing crossings at N.W. 14th Street and N.W. 11th Street can carry the traffic that would be diverted from N.W. 13th Street, and that closing the N.W. 13th Street crossing would eliminate a hazard to the public at that point. The section of the Florida East Coast Railway involved in this proceeding runs from N.E. 79th Street to Biscayne Boulevard, a distance of approximately five miles. There are approximately 30 crossings now in existence over this section of the railroad's track. The principal justification for the closure of the N.W. 13th Street crossing is its proximity to the two crossings located at N.W. 11th Street and at N.W. 14th Street, and the resulting improvement in safety for vehicular traffic and railroad equipment. There is an overpass with large pillars directly above the subject crossing, and a curve in the railroad track at this location which tend to restrict the view of train crews as the crossing is approached. Closure will also eliminate upkeep and maintenance expenses caused by frequent vandalism at the N.W. 13th Street crossing location, and eliminate one sounding of the train whistle between N.W. 14th Street and N.W. 11th Street. The present signal device at the N.W. 13th Street crossing is between 20 and 25 years old, and should require replacement within the next two years at an estimated cost of $41,570, unless the application is granted and the crossing closed. In addition, this signal device has been the subject of vandalism on four different occasions during the months of August, September and October, 1981, which necessitated repairs at the crossing site. The frequency of vandalism at the N.W. 13th Street location exceeds that at most of the other crossings in the Miami area. Northwest 13th Street is not a through street, but is a localized road which is blocked by the embankment for I-95. It is one-way westbound from the general vicinity of Biscayne Boulevard and 2nd Avenue to just beyond the subject crossing where it becomes two-way past the I-95 embankment. Both N.W. 14th Street and N.W. 11th Street are arterial roads which pass beneath I-95 and are not blocked by the embankment. They are the alternate roads in the area with adequate capacity to carry the traffic diverted from N.W. 13th Street if this crossing were closed. The movement of fire, police and other emergency vehicles would not be impeded by closing of the N.W. 13th Street crossing, since the crossings at N.W. 14th Street and N.W. 11th Street are readily available and offer better access to the area than N.W. 13th Street. Police or fire vehicles moving eastward over the N.W. 13th Street crossing must travel over a circuitous route because N.W. 13th Street is not a two-way street east of the crossing. In addition, closure of the subject crossing would remove an existing conflict point (a point where the path of any vehicle is interrupted by another vehicle), which is beneficial from a safety standpoint. Finally, any population growth in the area will have adequate transportation over N.W. 14th Street and N.W. 11th Street and will not require the use of the N.W. 13th Street crossing. Consequently, there will not be any significant impact upon traffic over the crossings at N.W. 14th Street and N.W. 11th Street by closure of the N.W. 13th Street crossing.
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. 13th Street in Miami, Florida, be granted. THIS RECOMMENDED ORDER entered on this the 17th day of March, 1982, in Tallahassee, Florida. COPIES FURNISHED: Charles B. Evans, Esquire One Malaga Street St. Augustine, Florida 32084 Terry V. Percy, Esquire 174 East Flagler Street Miami, Florida 33131 Charles G. Gardner, Esquire 562 Haydon Burns Building Tallahassee, Florida 32301 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 17th day of March, 1982.
Findings Of Fact Sebastian has applied for a Department permit to open a public at-grade crossing of the Railway's right-of-way near Mile Post 218 + 146'. The proposed Stratton Avenue crossing of the railroad track is part of a planned eastward extension of Barber Street and Stratton Avenue. If completed, this extension will provide a new arterial road connecting the southeast interior section of Sebastian with U.S. Highway 1. (Stip.; P-2 (d); R-1) The proposed Stratton Avenue crossing will have an 80 foot right-of-way and eventually accommodate four lanes. During the permitting process, its alignment has been modified to provide for greater vehicular sight distance. Although the proposed Stratton Avenue extension does not cross the tracks at right angles, which would provide maximum sighting of oncoming trains, it is likely that further improvements in alignment can be made. Nevertheless, the alignment, as proposed, complies with standard engineering criteria contained in the "Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways." (P-2 (d); Testimony of Adair) The alignment of the proposed crossing would allow for a 45 mile-per- hour speed limit. Twenty-four trains currently pass this section of track each day. The train speed limit is 65 miles-per-hour. (R-2) The proposed crossing will be provided with cross-bucks, gates, and flashers. The parties have stipulated that Sebastian will install, at its own expense, active grade crossing traffic control devices meeting the criteria of Rule 14-46.03(3), Florida Administrative Code. (Stipulation) Applications to open public at-grade crossings are measured by three criteria: convenience, safety of rail and vehicle traffic, and necessity. Existing routes must first be utilized when practicable. Damage to a railway's operation and safety must be considered. And when estimated traffic approaches 30,000 vehicles a day on main line tracks, the applicant must perform a cost- benefit analysis to determine if grade separation is warranted. See, Section 14-46.03(2)(a), Fla. Admin. Code. II. CRITERION 1: CONVENIENCE The proposed Stratton Avenue crossing would be convenient and provide several advantages to residents of Sebastian. (A map showing the location of the proposed crossing is attached for easy reference.) Improved Access to Hurricane Shelter. Sebastian Elementary School has recently been built at the intersection of Schumann Drive and south Barber Street. (Stratton Avenue will connect Barber Street with U.S. 1.) This school serves as a hurricane or civil defense fallout shelter for Sebastian and northern Indian River County. The proposed Stratton Avenue extension would provide an additional access route and facilitate evacuation of residents from U.S. 1 to the shelter. (TR-53-55) Improved Access to Sebastian Elementary School. The new school serves students located throughout the northern part of Indian River County. Currently, 42 school buses transport students to and from the school using Powerline Road (a dirt road unsatisfactory for bus traffic) and Schumann Drive (a road which traverses a residential neighborhood). A majority of these buses would use the proposed Stratton Avenue extension since it would be paved and would avoid built-up residential neighborhoods. The latter advantage may be short-lived, however, because Stratton Avenue will traverse a residential area which will eventually be developed. The Stratton Avenue extension would also benefit parents who bus their children to school because it would provide a new access road from U.S. 1. The School Board of Indian River County supports the Stratton Avenue extension and crossing because of the increased access provided to school buses and parents. (Testimony of Solin, Tipton, R-1, P-4) Improved Fire and Police Access to the Elementary School and South Sebastian. The proposed Stratton Avenue extension, with crossing, will enhance fire, police, and emergency service access to the elementary school and residential areas of south Sebastian. Currently, fire and police vehicles reach the south and southwestern portions of the city by proceeding south one and three quarters miles on Schumann Drive (which is one and three quarters miles north of Stratton Avenue), then south on Barber Avenue to the residential areas. The Stratton Avenue extension would provide a shorter and more direct route so emergency vehicles could respond more quickly. (Testimony of Solin) Improved Access to U.S. 1 from South Sebastian Residential Areas. Residents living in south and southwest Sebastian would have improved access to U.S. 1 and coastal areas if the extension, with crossing, is built. Residents traveling east on Barber Street would have a shorter and mode direct route to U.S. 1 and the coast. Two county road improvements planned for completion during the next two years will, however, improve access to and from Sebastian Elementary School and U.S. 1. Powerline Road will be widened and paved; Schumann Drive will be extended to Wobaso Road, as shown on the attached map. 2/ III. CRITERION 2: SAFETY The design and alignment of the proposed crossing meets or exceeds all safety and engineering standards of the Department, and no party asserts otherwise. The design will allow clear, though not optimum, visibility by both vehicle and train traffic. (Testimony of Murray, Adair, Tipton; P-2 (d), R-1) The proposed crossing will, however, provide a new point for potential collision between trains and motor vehicles, with resulting property damage, injury, and loss of life. Currently, 24 of the Railway's trains pass the crossing site each day, with a permissible speed of 65 miles-per-hour. The proposed crossing will increase the potential for collision between motor vehicles and trains. (Testimony of Tipton; P-16) The frequency and seriousness of grade-crossing accidents are cause for concern. In 1978, there were 1,122 grade-crossing fatalities, nationwide. Between 1979 and 1983, there were 177 grade crossing accidents involving the Railway's trains; 18 people were killed and 66 injured. These accidents occurred despite the fact that the Railway's public crossings are equipped with gates, bells, and lights. (Testimony of Tipton) It is generally recognized that, assuming equal volumes of vehicular traffic, the potential for accidents is directly related to the number of crossings. (Testimony of Tipton; R-1) IV. CRITERION 3: NECESSITY Although completion of the proposed Stratton Avenue extension, with crossing, would benefit Sebastian residents, there is no genuine need or necessity for the extension. Existing roads and crossings, with minor improvements (many of which are already planned or underway) can safely and adequately accommodate existing vehicular traffic and traffic demands projected for the next five years. (Testimony of Tipton; R-1) The Railway contracted for an in-depth traffic engineering study to determine whether the proposed at-grade crossing is needed for transportation purposes. That study, which is credible and accepted as persuasive, concludes that the existing roads and crossings serving the area north and south of Stratton Avenue can, with minor improvements, safely and adequately accommodate traffic demands reasonably projected for the next five years. (R-1) In conducting the study, William E. Tipton, an expert traffic transportation engineer, collected and analyzed four kinds of data: 1) Population growth projected in the area of the proposed crossing within the next five years; 2) Traffic characteristics at intersections and crossings near the proposed crossing; 3) Daily traffic counts at those intersections; and 4) Roadway improvements planned for the near future. (R-1, Testimony of Tipton) Existing traffic on the nearby intersections was counted and adjusted to derive peak season and peak hour conditions. Applying standard capacity measurements, the study indicates that, currently, 52 percent of the existing capacity of State Road 510 is used during peak conditions; 20 percent of the capacity of 87th Street is used; and 26 percent of Vickers Road. It is apparent that these roads currently have excess capacity and are underutilized. As Mr. Tipton stated: "I could have laid down in the road for a while while we were out there counting traffic, because the traffic was that low." (TR-119; Testimony of Tipton; R-1) The impacts of traffic generated by additional residential development projects planned for completion during the next five years was then analyzed. Traffic from these particular developments, assumed to be 100 percent occupied, was then assigned to nearby roads and a critical movement analysis was performed for each intersection. Level of Service "D" is the design standard which is normally deemed acceptable for peak hour, peak season traffic conditions. With the following minor improvements, the nearby intersections can provide "D" service or better during the next five years, without construction of the Stratton Avenue extension and crossing: 1) installing a signal at the intersection of U. S. 1 and 510, which is already underway; 2) adding a right turn lane on the south leg of U.S. 1 at this same intersection; 3) installing a traffic signal at the intersection of U.S. 1 and Schumann Drive to allow a left turn-out; 4) adding a left turn lane on the south leg of State Road 5A at the intersection of 510 and 5A. (TR 122-123) The cost of the proposed Stratton Avenue extension will exceed, many times over, the cost of these relatively minor intersection improvements. (Testimony of Tipton; R-1) Although the south Sebastian area was extensively platted for residential development during the 1960s, it remains sparsely populated today. It is projected fifty percent "build-out" will occur in 15 years, and full "build-out" in 30 years. At some point in the future the proposed Stratton Avenue extension will, undoubtedly, be needed but it is reasonably certain that it will not be needed for transportation purposes for at least five years. (Testimony of Tipton) V. NO DAMAGE TO RAILWAY OPERATIONS AND NO NEED FOR A GRADE SEPARATION COST-BENEFIT ANALYSIS There is no evidence that the proposed extension and crossing will damage or interfere with operations of the Railway. Should the Stratton Avenue extension and crossing be built, it is estimated that traffic use will ultimately approach 31,830 vehicles, but this will not occur within 20 years, the period considered to be a reasonable planning cycle for road improvements. No cost-benefit analysis was performed by Sebastian (to determine whether a grade separation is required) because the traffic projections did not approach 30,000 within a 20-year period. Further, there is no evidence that either the Department or the Railway ever requested that such an analysis be done. The parties' prehearing stipulation fails to indicate that the requirement of a cost-benefit analysis is at issue.
Recommendation Based on the foregoing, it is RECOMMENDED: That Sebastian's application for a permit to open the Stratton Avenue at- grade public railroad crossing be denied, without prejudice to its right to reapply in the future should circumstances warrant it. DONE and ENTERED this 23rd day of November, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. 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 23rd day of November, 1983.
