The Issue Whether there should be an opening of a public at grade rail-highway crossing by new roadway construction at Everglades Boulevard-State Road 710- Section 91000-6604, Okeechobee County Parcel 1 (right of way XSO-8).
Findings Of Fact An application for an opening of a public at-grade rail-highway crossing by new roadway construction was submitted by Okeechobee County through its agent Moseley Collins, P. E., County Engineer. The crossing location is southeast of the city of Okeechobee, Florida. The local popular name of the street is Everglades Boulevard. The proposed crossing is across the tracks of the Seaboard Coastline Railroad at Seaboard Coastline milepost 911.93. The crossing would serve a growing subdivision approximately three (3) miles wide and nine (9) miles long, an area in which approximately 3,000 people live. There is one entrance to the subdivision across Highway 441 South. There is a second grade crossing signalized with crossbucks known as the Hazellieff Road crossing. This crossing does not serve the subject subdivision inasmuch as the road dead-ends after crossing the railroad. There are no current plans to buy up the right of way and extend the road at the Hazellieff crossing. The Seaboard Coastline Railroad would prefer that the Applicant extend the road to serve the subject subdivision. The Hazellieff crossing is approximately one-half mile from the proposed crossing, but the Applicant states that the crossing serves only a few families and the Applicant does not own the right of way across the muck-pitted area and has no plans to extend the road that crosses the railroad at Hazellieff crossing. There is an estimated average daily traffic count of 2,000 cars per day which would use the proposed crossing. There are six passenger train movements every twenty-four hours on the railroad at those crossings. There are six through freights every twenty-four hours and four local freights every twenty- four hours, plus additional extra trains as needed. The speeds range up to 79 miles per hour for passenger trains and 60 miles per hour for freight trains. The passenger trans are the AMTRAK trains. A need has been established for another opening across the railroad because of the long and circuitous route that must be traveled to enter the subdivision. In the event of a storm, there is an additional hazard to the road because of two bridges that must be crossed. The proposed opening would decrease greatly the mileage to be traveled to fire or hospital. The parties agreed that the proper signalization for the proposed crossing would be automatic crossing gates, flashing lights and ringing bells. The Applicant contends that an opening is needed to serve the growing subdivision known as Treasure Island; that the existing crossing is insufficient as far as the safety of the community is concerned and requires a much longer way to be traveled by the residents of the subdivision. The Seaboard Coastline Railroad contends that the existing public opening should be used and right of way bought by the county so that there would not be an additional crossing of the tracks. AMTRAK contends that there should be no new openings across the tracks where the passenger trains attain high speeds unless there is a great need and a study made to see if there cannot be a closing to balance the opening across the tracks. Florida Department of Transportation contends that a need has been established for the crossing and that the parties have agreed that lights, bells and gates are the needed signalization. The Hearing Officer further finds: That a need has been established by the Applicant. That proper signalization includes flashing lights, ringing bells and gates.
Recommendation Grant permit, providing there is a clearance from the Safety Engineer as to the visibility problem pointed out by the Seaboard Coastline Railroad, Respondent. DONE and ENTERED this 15th day of December, 1977, in Tallahassee, Florida. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Daniel H. Brunner, Esquire 955 L'Enfant Plaza, Southwest Washington, D. C. 20024 W. L. Hendry, Esquire Post Office Drawer 1337 Okeechobee, Florida Jack J. Vereen, Jr. Assistant Division Engineer 2206 N. W. 7th Avenue Miami, Florida 33127 DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 =================================================================
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.
The Issue Whether an at-grade crossing in the vicinity of Southwest 5th Avenue and 2,625 feet north of Seaboard Coast Line Railroad Company Mile Foot 731 in Williston should be opened.
Findings Of Fact The Petitioner, City of Williston, applied for a permit to construct an at-grade railroad crossing 2,625 feet north of Seaboard Coast Line Railroad Company Mile Post SR-731 and Southwest Fifth Avenue, if extended, in the City of Williston for the purpose of providing access from an undeveloped but intended residential area of the City. There are two (2) Public at-grade crossings in the area. One is located 1,360 feet north of proposed crossing at Southwest First Avenue and one is located 625 feet south of the proposed crossing at Southwest Seventh Avenue. The subject railroad track is a lead track used for providing service to railroad custoners located north of proposed crossing in the City of Williston. Approximately six (6) train movements occur each week and the maximum speed is 25 miles per hour. There is a heavy stand of trees in the Southwest quadrant of the proposed crossing. Southwest First Avenue runs east and west to the south of the existing Williston High School and north of an elementary school and, although there have been discussions as to whether the street should be abandoned if the proposed road Southwest Fifth Avenue is opened, no official action has been taken. There has been no detailed planning by the City as to the following: Where the Southwest Fifth Avenue as proposed should connect to Southeast Fifth Avenue across the proposed railroad crossing; The cost of construction and maintenance of the crossing and the cost of warning devices that might be required at the crossing and the financing of same; What the estimated traffic count would be across the proposed crossing from the hospital that is in the vicinity and from the schools in the vicinity; Whether the railroad company would grant an easement for the crossing across the railroad property; and Whether a road could or should be built paralleling the railroad and connecting with an existing crossing. Is is the further finding of the Hearing Officer: There has been insufficient planning on the part of the Petitioner City of Williston as to the use or hazards in the proposed crossing; There are insufficient fact available to the Hearing Officer to make a determination as to the necessity or the safety of the proposed crossing; and The Florida Department of Transportation recommended that it proposed crossing was opened, the maximum protection should be a minimum of flashing lights, ringing bells, proper signing and pavement markings. No other recommendations were made.
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 Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case at Trenton, Florida on July 8, 1980.
The Issue Whether a permit should be granted for an at-grade crossing in the vicinity of Live Oak, Perry and South Georgia Railway Company Mile Post 1688 feet east of Mile Post 40.
Findings Of Fact Proper notice was given the parties and the hearing was delayed for thirty (30) minutes after time of notice in the event that the Respondent desired to make an appearance but was unavoidably detained. State Road 20 was relocated so that the subject crossing is necessary to the straightening and the realignment of the existing road. The average daily traffic is estimated to be 3,600 for the year 1976 and to be 4,800 in ten (10) years. The railroad is a single line trackage and is shown by the inventory to carry four (4) trains per day at 10 m.p.h. The tracks serve a local paper mill in Foley, Florida. An agreement has been worked out between the Department of Transportation and the Respondent railroad. The agreement provides for the protection and signalization at the location of the subject crossing and provides for the funding of the project. The prior or present crossing in this vicinity on State Road 20 will be open and in operation approximately 600 feet from the proposed crossing. Both crossings will have flashing lights and the existing crossing will carry primarily local traffic coming out of the county grade road. The new crossing will bear most of the traffic. The Respondent railroad is in agreement with the opening of the crossing; the Department of Transportation is in agreement that the additional crossing be permitted; the parties agree that the signalization shall be cantilevered flashing lights.
Recommendation Grant the permit to open the crossing. 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 Mr. R. A. Kelso, Chief Engineer Design & Construction Southern Railway Company (Live Oak, Perry and South Georgia Railway Company) 99 Spring Street, South West Atlanta, Georgia 30303
The Issue Whether a permit should be granted by the Florida Department of Transportation for a public-at-grade crossing in the vicinity of Section 55000- 6607, State Road (Laurel Oak Drive) Leon County, Parcel 1 (XS0-H) SCL Railroad MP SPA-809.
Findings Of Fact A railroad grade crossing application was submitted by Henry G. Hanson, County Engineer, Leon County, Florida, for a public-at-grade rail highway opening by new roadway construction. The crossing location is in the unincorporated municipality of Woodville, Florida. The local popular name of the street is Laurel Oak Drive. The railroad company is Seaboard Coastline Railroad and the mile post distance and direction is 1,5534 ft. south of SPA- 809. The application stated that "Prior to construction the Board of County Commissioners will adopt the necessary resolutions for the maintenance of the crossing." The cost estimate as indicated on the application was $20,000.00. The application arose as a result of a proposed low cost or rent subsidy type housing development which is proposed to be constructed in the Woodville area in southern Leon County, Florida. The proposed subdivision is to be called "Woodlands" an area which lies west of the street called Tallahassee Street. Between Tallahasse and the proposed subdivision runs the Seaboard Coastline railroad. The subject land is presently owned by a group of people for whom Mr. John Butler is a representative. The proposed subdivision is a cooperative effort by the landowners represented by Mr. Butler, the Tallahassee Housing Authority represented by Mr. Calvin 0gburn and the Department of Community Affairs, State of Florida. Leon County is involved inasmuch as the subdivision as proposed would be dedicated to Leon County, Florida, whereby Leon County would take over maintenance and ownership of the roadways including that portion of the roadway crossing the railroad. The application for the subject crossing was made by Leon County as the ultimate owner of the crossing. At the date of this hearing there is no subdivision but plans for a subdivision have been submitted. The plans are for a low cost housing which was described as houses that would cost between 20 and 23 thousand dollars ($20,000-$23,000) including the cost of the lot and would be approximately 900 to 1000 square feet. The proposal is for 53 lots each within an approximate 75 foot frontage. The Department of Community Affairs administers the rural land fund which is a 2.5 million dollar fund to provide lost cost lots. This department lends money to local governments, housing authorities or small communities and rural areas to buy land and to cause it to be developed as in the subject cause. The position of the Department of Community Affairs is to approve or deny a loan to the Tallahassee Housing Authority. A plat of the proposed subdivision was submitted to the Department of Community Affairs as part of their application for $199,000.00 which would be used to buy the land and developed it. There is no access to the land on which the proposed subdivision would be built except at the proposed site for the subject crossing. The 75 foot lots would cost approximately $3,760.00 each. There are two trains per day on unscheduled runs using the subject railroad tracks. The estimation is that there would be between 300 to 350 vehicles per day using the crossing. The speed of the train is approximately 25 miles per hour. The two lane rural road with 6 foot shoulders as proposed would cross the railroad track. The recommendations of the District Safety Engineer for the Third District employed by the Respondent, Florida Department of Transportation, is that a type 3 installation is required. The installation is roadside flashing lights with bells. A representative of the railroad read the following statement from Mr. Tom Hutchinson, Vice President of Maintenance of Seaboard Coastline Railroad, "It will be the railroad's position in this application that there arc no objection to what is proposed with the provision that automatic warning devices are installed and maintained at the expense of the applicant and with further conditions that any changes or alterations or improvements of the cost will be borne by the applicant." The Hearing Officer further finds: That if the proposed subdivision is in fact built and homes sold there would be a need for the proposed railroad crossing. That there would be a need for the proposed railroad crossing prior to the completion of the subdivision inasmuch as there would be a large amount of traffic during the construction of this subdivision. Leon County would maintain the crossing. The safety devices as recommended by the Florida Department of Transportation which is flashing lights and ringing bells is necessary for the safety of those traveling to and from the proposed subdivision. A simple cross buck would be inadequate for the safety of those living or working in the proposed subdivision.
Recommendation Grant the permit upon approval of the project. DONE and ORDERED this 5th day of October, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Florida Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Earl O. Black, Esquire County Engineer's Office Leon County Courthouse Tallahassee, Florida 32304 Henry G. Hanson, County Engineer Leon County Courthouse Tallahassee, Florida 32304 Mr. G. S. Burleson, Sr,, P.E. Assistant State Utility Engineer (RRs) Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Eugene R. Buzard, Esquire Seaboard Coastline Railroad 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 on "Citrus Drive Extension," Marion County, Florida, to intersect the Seaboard Coast Line Railroad at a point located approximately 1720 feet northwest of Seaboard Coast Line Mile Post 730.
Findings Of Fact Having heard the testimony of witnesses for the Petitioner and Respondents and the arguments of the respective counsel on the issues and considering the evidence presented in this cause, it is found as follows: Petitioner, Marion County, is a political subdivision of the State of Florida, duly authorized to establish and maintain county roads within the boundaries of Marion County, Florida. Marion County has heretofore filed a Petition with the Department of Transportation of the State of Florida pursuant to Chapter 338.21, Florida Statutes, for permission to establish a graded railroad crossing for Citrus Drive Extension, a county road, proposed to intersect the Seaboard Coast Line Railroad tracks approximately 1,720 feet N.W. of the Seaboard Coast Line Railroad Mile Post 730. Marion County for a number of years prior to these proceedings has contemplated and endeavored to establish a county road herein referred to as Citrus Drive Extension, a proposed main arterial county road running north and south within Marion County, Florida, for the purposes of connecting existing county and state roads and thereby alleviating traffic on other county and state roads within the vicinity. Citrus Drive Extension would serve that portion of the county which said county expects in the near future to experience rapid development and substantial increase in population. Marion County heretofore has acquired all necessary right-of-way for the establishment of Citrus Drive Extension and a portion of that said right-of- way, that portion being approximately 6,234 feet, acquired from GAC Properties, Inc., by means of Right-Of-Way Deed, contains a reversionary clause which provides that if Citrus Drive Extension is not completed by June 18, 1979, that acquired right-of-way from GAC Properties, Inc., will revert back to Grantor. Citrus Drive Extension as it approaches the proposed railroad crossing from the south to the north contains a curve to the south of the said Seaboard Coast Line Railroad tracks which said curve has a centerline radius of 462 feet and has a central angle of curvature 73 degrees 8 feet 56 inches. That railroad traffic on the Seaboard Coast Line Railroad tracks where the proposed road grade crossing is to be located consists of 16 trains per day with a maximum of 79 miles per hour. The Petition heretofore filed by Marion County for the proposed railroad grade crossing does not contain any provisions for railroad warning devices. The alignment of the road south of the crossing is a north-south road. Near the crossing the road goes into a curve and the crossing is located in a reverse curve, the curve from the south being a relatively sharp curve.
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
The Issue Whether a permit should be granted for an at-grade crossing over the Florida East Coast Line Railroad at Mile Post 175.57.
Findings Of Fact 1. 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 There is pending with the State of Florida, Department of Transportation, an application for 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 the 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 crossing and identified as Mile 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 Nile 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 7 speed limit in the area of the crossing at Mile Post 175.49 and the proposed crossing at Mile Post 175.57 is 60 fPH 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 same 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 hearing 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 permit be granted, to open the subject crossing, utilizing safety equipment of a type addressed in the Conclusions of Law section of this Recommended Order. 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
