The Issue Whether a permit should be granted for a public at-grade crossing over Seaboard Coast Line Railroad tracts near its Milepost AX-892.
Findings Of Fact Mr. Mitchell Hope and Hardee County, Florida, by application to the Department of Transportation, sought to open a public railroad-highway grade crossing at a location where a proposed road would intersect the tracks and right of way of Seaboard Coast Line Railroad Company near its Milepost AX-892. The property to be reached by the proposed at-grade crossing is owned by Applicant Hope and other private individuals. Other access to the property would be by crossing the Peace River to the south and east, or industrial property to the north, or by a grade separation over the railroad. The property consists of approximately 77 acres, of which 25 acres could be developed for residential purposes consisting of one-acre plots. The nearest crossing to the south is a public crossing in Zolfo Springs, approximately one-half mile; the nearest crossing to the north is a private crossing, approximately one mile. The scheduled train speed is thirty-five (35) miles per hour. Two freight trains each weekday and one each weekend day are scheduled to pass the proposed crossing. Applicant Hope is willing to close the crossing to the public by means of a gate. The Board of County Commissioners of Hardee County is willing to accept the road and crossing into the County Road System provided the road meets engineering standards. Representatives of both Applicants are unwilling to provide or maintain automatic grade crossing traffic control devices. The roadway approaches to the proposed crossing are as follows: From the west the sight distances between the roadway and the tracks are good provided the foliage and underbrush are kept cut near the ground. From the east the sight distance to the northeast quadrant is obstructed by trees and underbrush and complicated by the track curvature to the northeast; the sight distance to the southeast quadrant is somewhat less obscured but could be blocked by the growth of trees and underbrush. The track approaches to the proposed crossing from the north are complicated by the curvature of the track which tends to prevent a view of the crossing until the train is within one-third of a mile from the crossing; the track view of the northeast quadrant is blocked by trees. The track approaches from the south are good. The Department of Transportation has recommended the installation of automatic grade crossing traffic control devices consisting of flashing lights, bells and gates at such location if a crossing is found to be necessary.
Recommendation Dismiss the application to open a public railroad-highway grade crossing at a location near Seaboard Coast Line Railroad Milepost AX-892, but retain jurisdiction for some future time when the facts may indicate the necessity for the crossing at which time the type of traffic control devices can be determined. Hold each of the other proposed findings of fact and requests to be without merit. DONE and ORDERED this 10th day of January, 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 Brian J. Pappas, Esquire Attorney at Law 305 North Sixth Avenue Wauchula, Florida 33873 G. S. Burlesen, Sr. Assistant State Utility Engr. (RRS) Haydon Burns Building Tallahassee, Florida 32304 R. Earl Collins, Esquire Attorney, Hardee County Wauchula, Florida 33873 Eugene R. Buzard, Esquire Seaboard Coastline Railroad Co. 500 Water Street Jacksonville, Florida 32207
The Issue By its Motion to Dismiss, Plant City raised the question of the jurisdiction and authority of the Department of Transportation to close a railroad crossing on its own initiative. In short, Plant City argued that under the Home Rule Provisions of the Constitution of the State of Florida and Chapter 375, Florida Statutes, Plant City had authority to regulate railroad crossings and was the only entity which could initiate the closing of a crossing within the city's corporate limits. The Department of Transportation and Seaboard Coast Line Railroad Company argued that Section 330.12, Florida Statutes, gave the Department authority to regulate the opening and closing of railroad crossings, and that this authority to open and close crossings anywhere in the state was exclusive. While it was argued that the Department had the authority to initiate such an action on its own initiative without a request from a local government or a railroad, this is not an issue based on the facts presented because the Seaboard Coast Line Railroad Company initiated the action to close the railroad crossings in question. The Motion to Dismiss was denied on the basis that the Department of Transportation and Plant City had joint authority to regulate railroad crossings in the city; however, the Department had exclusive authority to open and close railroad crossings in the state under Section 338.12(3), Florida Statutes. The remaining issue relates to a factual determination of whether the crossings in question should be closed. It was held that these determinations should be made in light of the criteria for closing railroad crossings and opening crossings as stated in Rule 14-46.03(a) and (b), Florida Administrative Code. The rule for closing a crossing states that a crossing is a candidate for closing if it does not have active grade crossing devices, has a traffic count of less than 1,000 vehicles per day, and has an access read to an adjacent crossing; however, closing should not be considered if it would increase the traffic on the adjacent crossing to the capacity level, or if the adjacent crossing is already at the capacity level. In addition, the criteria for opening a crossing are necessity, convenience, and safety of rail and vehicular traffic.
Findings Of Fact Gordon Street Crossing The traffic count on the Gordon Street Crossing was taken on several occasions. The highest one-day count recorded was 732 crossings, while the lowest number of crossings for one day was 200. Traffic across this crossing is less than 1,000 crossings per day. The Gordon Street Crossing lacks active grade crossing devices. The most accessible crossing adjacent to the Gordon Street Crossing is located 340 feet west at Warnell Street. Warnell Street is accessible from Gordon Street north of the railroad track via Baker Street and Reynolds Street, a paired one-way system. Warnell Street is accessible from Gordon Street south of the railroad track via Jenkins Street. The next crossing east of Gordon Street is Maryland Avenue, located 1,345 feet to the east. It is accessible north of the railroad track on the Reynolds/Baker Street system, and south of the railroad track on Jenkins Street. The highest traffic count recorded on the Maryland Avenue Crossing for a 24-hour period was 2,784 crossings. This is well below the capacity of this crossing, which is signalized with flashing lights and gates. The highest count recorded on the Warnell Street Crossing was 1,700 crossings in a 24-hour period. This is also well below the maximum traffic count which this crossing can handle. The Warnell Street Crossing has no active signaling devices at this time. Closing of the Gordon Street Crossing would not deny access to any real property, and therefore maintaining the crossing is not necessary to the use and enjoyment of any real property by its owner. Public safety would be enhanced only slightly by the elimination of the Gordon Street Crossing. Most of the benefit of closing this crossing would be derived from the shift of traffic from the Gordon Street Crossing to the signalized Maryland Avenue Crossing. However, the Warnell Street Crossing, which is not signalized and is only 230 feet east, will probably receive the majority of the diverted traffic. This will negate to a degree the benefit of the closing. The inconvenience to the public from closing the Gordon Street Crossing will be minimal because of the Warnell Street route which is very close at hand. Thomas Street Crossing The traffic count on the Thomas Street Crossing was taken on several occasions. The highest one-day count recorded was 640 crossings, while the lowest was 113 crossings. Traffic over the crossing was less than 1,000 vehicles per day. The Thomas Street Crossing is located in the very center of Plant City and is signalized with flashing lights without gates. There are several crossings which provide alternatives to the Thomas Street Crossing. Moving to the east, the next four streets cross the railroad track: Wheeler Street, 230 feet away; Evens Street, 510 feet away; Collins Street, 780 feet away; and Palmer Street, 1,060 feet away. To the west there are two crossings: Walker Street, 270 feet away; and Howard Street, 800 feet away. North of the railroad track these crossings may be reached by the Baker/Reynolds Street paired one-way system or by Mahoney Street, a two-way street. To the south of the railroad track the crossings may be reached on South Drane/Arden Mays. The Thomas Street Crossing is the only one of these crossings which dead-ends immediately south of the railroad track. The highest traffic count recorded on Wheeler Street in one day was 11,760 crossings. The highest count recorded on Walker Street in one day was 1,237 crossings. Traffic capacity at either crossing immediately adjacent to the Thomas Street Crossing would not be pushed to or beyond its designed capacity by the closing of the Thomas Street Crossing. Tie closing of the Thomas Street Crossing would not deny access to any real property, and therefore maintaining the crossing is not necessary to the use and enjoyment of any real property by its owner. The accessibility to multiple alternative crossings east and west of the Thomas Street Crossing would prevent any substantial inconvenience to the public, particularly in light of the fact that the Thomas Street Crossing is the only one of these crossings which is not a through street south of the railroad track. Public safety would be only minimally enhanced by the elimination of this crossing because of the close proximity of the remaining crossings. While it is argued that elimination of any crossing reduces the risk of an auto/train collision, it is the act of crossing the track that creates the risk. The closing of this crossing will not affect the number of crossings but only divert the traffic. The benefit of greater distance between the remaining crossings is nullified by the number of crossings existing so closely to both the east and west of the Thomas Street Crossing. Davis Street Crossing The traffic count on the Davis Street Crossing was taken on several occasions. The highest traffic count recorded was 1,700 cars per day, and the lowest 486. On one other occasion it exceeded 1,000 cars per 24-hour period by 39 crossings. It had a five-day average of 856.4 crossings. The Davis Street Crossing does not have active grade crossing devices. The closest alternative crossing is Howard Street, located east 1,190 feet. The next alternative crossing to the west is Alexander Street, 2,100 feet away. The Howard Street Crossing and the Alexander Street Crossing can be reached south of the railroad track on Haines Street. The Howard Street Crossing can be reached north of the railroad track on the Bakers Reynolds Street paired one-way system or on Mahoney Street. Although north of the railroad track one can travel west from Davis Street to Alexander Street, the routes can only be described as circuitous. Reynolds Street is one-way the wrong way, Mahoney Street is not a through street west of Carey Street, and Baker Street begins to run northwest at Carey Street. The highest traffic count recorded on the Howard Street Crossing was 1,030 crossings per day. The highest traffic count recorded on the Alexander Street Crossing was 18,288 per day. Traffic capacity at either crossing immediately adjacent to the Thomas Street Crossing would not be pushed to or beyond its designed capacity by closing of the Davis Street Crossing. Closing of the Davis Street Crossing would not deny access to any real property, and therefore maintaining the crossing is not necessary to the use and enjoyment of any real property by its owner. Public safety would be enhanced only slightly by the closure of the Davis Street Crossing because of the remaining multiple crossings. The small benefit to public safety would be primarily from the diversion of traffic to the Alexander Street Crossing which is fully signalized with flashing lights and gates. The Davis Street Crossing is essentially flat with good visibility afforded to both train and vehicular traffic. Train traffic would be traveling at reduced speed at the Davis Street Crossing, having entered the city limits of Plant City. Convenience of the public would be adversely affected by the closing of the Davis Street Crossing. The crossing in question carries on some days more than 1,000 cars per day. The average daily traffic count (ADTC) of 856 crossings exceeds that of Howard Street (450 ADTC) and Walker Street (529 ADTC), both of which would be retained. The distances to the alternative crossings are greater than the distances to alternative crossings of the other crossings proposed for closing. The lack of accessibility is compounded north of the railroad track by the lack of through streets running east and west. As pointed out at hearing, the area immediately south of the Davis Street Crossing is primarily a black neighborhood, while the area immediately north is predominantly white. The principal recreational facilities are located northwest of the Davis Street Crossing. Closing this crossing would create a physical barrier between these neighborhoods and residents and limit accessibility of the recreational facilities in the northwest area of town. The police chief testified that closure of the Davis Street Crossing would make transfers of vehicles between the southwest and northwest parts of town more difficult. The fire chief pointed out that the area along Haines Street between Davis Street and Alexander Street immediately south of the railroad track is an industrialized area containing large warehouses. In fighting a fire in this area, a crossing at each end of the area would be helpful. Three alternative routes of travel between the southwest and northwest areas are possible if the Davis Street Crossing were closed. Using the map, Exhibit 10, which lacks any scale reference, the street distances between the center of the southwest area to the hospital (H) and recreational facilities (A & P) were measured. Alternative I was via Howard Street. Alternative II was via Alsobrook Street and Alexander Street, and Alternative III was via Haines Street and Alexander Street. The following measurements were taken from the dot (.) in the intersection of Ball Street and the third street west of Franklin Street, which is unlabeled: A P H Alternative I 17.0" 17.75" 20.0" Alternative II 15.5 15.50 13.5 Alternative III 14.5 14.50 13.5 Warnell Street 12.5 13.50 16.0 The existing crossing clearly provides the shortest distance to the recreational facilities, which is a prime concern to persons in the southwest section of town. Alternative III would require traffic to detour through an industrialized area of town, and Alternatives I and II are circuitous.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the agency head enter a final order closing the Gordon Street and Thomas Street Crossings and leaving the Davis Street Crossing open. DONE and ORDERED this 25th day of August, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 Ronae B. Keiser, Esquire Seaboard Coast Line Railroad Company 500 Water Street Jacksonville, Florida 32202 Paul S. Buchman, Esquire Buckman Building 212 North Collins Street Post Office Box 5 Plant City, Florida 33566 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION and SEABOARD COAST LINE RAILROAD COMPANY, Petitioners, vs. CASE NO. 79-663T 79-964T PLANT CITY, 79-1910T Respondent. /
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 the Florida Department of Transportation should issue a permit for the installation of a public at-grade railroad crossing in the vicinity of the Georgia, Southern and Florida Railroad track, 1,027 feet North of Milepost 214 on the alignment of Baya Avenue, East of Lake City, Florida.
Findings Of Fact Having heard the testimony of witnesses for the petitioner and the arguments of counsel and those witnesses appearing for the Department of Transportation on the issues and considering the evidence presented in this cause, it is found as follows: Petitioner, Florida Department of Transportation, is duly authorized to establish and maintain a primary system of highways within the boundaries of the State of Florida. The Petitioner has heretofore filed an application with the appropriate division of the Department of Transportation of the State of Florida pursuant to Chapter 330.21 Florida Statutes, for Permission to establish a graded railroad crossing for Baya Avenue (U.S. 90) within the city limits of Lake City, Florida on the state primary highway system proposed to intersect the Respondent Railroad's tracks approximately 1,027 feet North of Milepost 214 of the Georgia, Southern and Florida Railroad. The Respondent Railroad Company did not appear although the record shows that Notice of Hearing was properly given and that plans of the project and proposed signalization were duly sent by letter dated October 8, 1975. There was uncontroverted testimony by Mr. Terry Crews, Assistant District Utilities Engineer for the Petitioner that Mr. R. A. Kelso, Chief Engineer, Design and Construction, Southern Railway System had discussed a portion of the project by telephone with Mr. Crews and no objections were raised. No letters of objection were filed. The Petitioner is in the process of constructing a new four-lane vehicular thoroughfare. This construction is necessary in the rerouting of vehicular traffic through Lake City, Florida (U.S. 90). As a part of this construction it is necessary to cross the railroad and State Road 100 which lie adjacent to each other. It will be a four-lane divided highway with a painted median, with curbs and gutters in the vicinity of the crossing. At the time of construction, the railroad will consist of single-line trackage that carries two (2) trains per day at speeds of approximately 20 miles per hour. It is estimated that approximately 20,000 vehicles per day will use this facility by 1984. Studies conducted by Department of Transportation personnel reveal that the crossing should be signalized with cantilevered flashing lights, ringing bells and pavement markings in accordance with the Manual on Uniform Traffic Control Devices. This signalization should be interconnected with vehicle traffic signalization located at State Road 100 to control vehicular traffic at the highway crossing as well as the railroad crossing. The applicant agrees to install and maintain such signalization. The Hearing officer further finds: The proposed crossing is necessary and desirable; The signalization is adequate as planned, to protect the public; The Petitioner needs the crossing; The Respondent has not opposed the crossing; The Petitioner, Florida Department of Transportation, will Install and maintain the crossing.
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
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 there should be an opening of a public at-grade rail/highway crossing by new roadway construction at the intersection of Berryhill Road and Seaboard Coast Line Railroad SYA 877-1610' South, Pasco County, Florida.
Findings Of Fact An application for an opening of a public at-grade rail/ highway crossing by new roadway construction was submitted by Robert K. Reese of Pasco County, County Commission District IV, Florida. The crossing location is in the municipality of Holiday. The local popular name of the street or roadway is Berryhill Roadway. The crossing is across the tracks of the Seaboard Coast Line railroad. The railroad mile post distance and direction is SYA 877-1610' south. The crossing would serve a subdivision known as Forest Hills East. The only entrance into the Forest Hills East Subdivision is a crossing by way of Elizabeth Avenue. This crossing is unsignalized and requires vehicular traffic to cross two spur line railroad tracks. There is a third possible entrance into the subdivision through a crossing known as Tumbleweeds but this entrance is undeveloped and is not now being utilized. The Forest Hills East Subdivision projects 250 single family dwellings in the development. There are no current plans to build condominium or apartment structures. Seaboard Coast Line Railroad previously approved water and sewer crossings underneath the railroad tracks at the Berryhill proposed crossing. There are deceleration and acceleration lanes and paving on the state road S-595 which leads up to the subdivision. There is an estimated three trains per week which would utilize the crossing and there is an unobstructed field of view from the center of the railroad track 1500 feet to the south and 700 feet to the north. On the proposed crossing proceeding in the western direction there is am available visibility of 89 feet south and 120 feet north with a train proceeding at 15 miles per hour. After public hearing in 1974 involving this same proposed crossing in which Dreher Construction Company, the developer of the subdivision, was the applicant, the Respondent, Department of Transportation, directed an issuance of the permit finding need but the issuance of the permit was conditioned upon the installation and maintenance of automatically operated signals consisting of flashing lights and ringing bells at the proposed crossing as the required safety measure. No permit was granted. The roadway has been built and access to the subdivision across the tracks is now complete except for signalization. Because of no signalization the entrance is now blocked for ingress or egress although at least two new homes have been constructed in the subdivision. The cost of the installation of the signalization which had been recommended by the Respondent, Department of Transportation, in 1974 and is still recommended, is between $30,000 and $40,000 with additional maintenance costs. The cost of the signalization of wooden cross bucks, stop signs and speed bumps with minimal maintenance costs is obviously much less although no evidence was submitted as to actual cost. The present applicant for the Berryhill crossing, the Pasco County Commission, District IV, represented by its Transportation-chairman Robert K. Reese requests that the permit for the proposed Berryhill crossing be granted without the requirement that electronic signalization be required. A need was cited for an additional crossing to serve the residents of the subdivision in addition to normal travel. Additional needs were cited by the fire department and hospital emergency vehicles. It was noted that many of the residents are retirees and that at times the one existing crossing is blocked by trains across the track. The applicant states that it is unwilling to expend county monies for the recommended electronic signalization. The developer of the subdivision is unwilling to install and maintain the electronic signalization. A large number of the residents of the subdivision want the proposed crossing opened immediately and at the hearing indicated that they felt that the roadside flashing lights were unnecessary and that they thought the cross buck and stop signs were all that is necessary. From a personal viewing of the Forest Hills East Subdivision and the crossing available to the residents therein, together with the evidence submitted, the testimony of parties who have substantial interest in the proposed crossing and after listening to the oral arguments of counsels at the hearing and the briefs submitted thereafter, the Hearing Officer further finds: There is an undisputed need for a crossing in addition to the present crossing to serve the subdivision. The present crossing is less safe than the proposed railroad crossing would be although both crossings are needed to serve the subdivision. The normal number of trains trafficking at the proposed Berryhill crossing is three times a week with a maximum scheduled speed of the train at 20 miles per hour. The crossing is needed and signalization of wooden cross arms and stop signs and speed zones would serve the public interest adequately although manual flagging of the train and the installation of flashing lights and ringing bells might be required at a future time. The need to the subdivision and the residents therein would be better served by opening the proposed Berryhill crossing inasmuch as it would give two entrances into the subdivision.
Recommendation Grant the permit for a period of one (1) year with wooden cross arms, a stop sign and traffic bumps as signalization and safety measures. Reevaluate after one year from date hereof. DONE and ORDERED this 23rd day of September, 1977, in Tallahassee, Florida. COPIES FURNISHED: H. James Parker, Esquire Delzer, Edwards, Martin, Coulter & Parker Post Office Box 279 Port Richey, Florida 33568 Jeffrey H. Savlov, Esquire Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32304 Eugene R. Buzard, Esquire Seaboard Coast Lime Railroad 500 Water Street Jacksonville, Florida 32202 DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 =================================================================
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.
Findings Of Fact By application the Florida East Coast Railway Company seeks a permit to close an existing at-grade public railroad crossing located at Sebastian/Bay Street, Roseland in Indian River County, Florida. There exists a public at-grade railroad crossing 681 feet immediately to the south of the subject crossing at the intersection with Roseland Road. This crossing is protected by a full complement of automatic warning devices, consisting of flashing lights, ringing bells and gate. Roseland Road is a paved highway and well travelled. The subject crossing is an old crossing having been established approximately in 1907. There exists a visibility factor adverse to train and motoring public as a result of an elevation of approximately four (4) feet and of natural growth but there as been no known crossing accident in over some seventy (70) years. Traffic over this railroad crossing is not heavy. There exists a growing residential community to the west and east of this railroad crossing. The Sebastian River Medical Center (hospital) exists on the east. Fire protection for this area exists on the east. Testimony of users and letters oppose the closing of the crossing because the historical value of the railroad crossing, the location of the crossing for fire protection purposes, the location of the crossing for the health and welfare due to the location of the Sebastian River Medical Center, the only hospital located in the north end of the county; and the ease and convenience for the Roseland community reaching the main thoroughfare known as U.S. #1. The public crossing on Roseland Road is a busy crossing serving a much travelled road and is well signalized. In order to use this crossing it is essential to enter a busy highway. The people belonging to the church and the personnel of the medical facility use the Sebastian/Bay Street crossing; school children use it and the residents of the Roseland area, many of whom are elderly, use it.
Findings Of Fact At present, near the proposed crossing on S.W. 184th Street, there are three existing railroad crossings located in the "Fifth District" of the Florida East Coast Railway System which runs from Kendall Junction south to Florida City. The filing of Dade County's application to open a crossing at S.W. 184th Street prompted the Florida East Coast Railway (FEC) to file an application to close S.W. 186th Street. Specifically, there is presently a crossing on S.W. 186th Street, a crossing to the north, at milepost 381 (Hibiscus), and a crossing to the south at milepost 382 (S.W. 107th Avenue). If the proposed application for the opening of S.W. 184th Street is granted, the site will be located approximately 900 feet to the north of the S.W. 136th Street crossing. As such, if the crossing at S.W. 186th Street is retained, there would be three public crossings within a distance of approximately 3/5ths of a mile and four public crossings in a distance of approximately one mile. Within the immediate area, FEC currently has tri-weekly service on a regular basis over the existing crossing sites with regular movement of hazardous materials and cargo on such trains. The cars are loaded, moving from north to south and empty, moving from south to north. Included among the commodities transported by FEC is jet fuel for Homestead Air Force Base. Additionally, train movement includes maintenance work trains, which are subject to daily movements, and extra trains when business dictates. The normal speed limit for trains in this area is 40 miles per hour, subject, of course, to slow orders for maintenance work. U.S. 1 is immediately to the east and parallel to the FEC Railway System at all of the subject crossings. Homestead Avenue borders the railway system to the west between Hibiscus and S.W. 186th Street. The testimony presented and introduced indicates that U.S. 1 is a crowded highway very close to capacity, with no planned improvement north of the proposed crossing within the next five years. There are, however, plans to upgrade Homestead Avenue between S.W. 184th Street and S.W. 186th Street. S.W. 186th Street is a two-lane road which runs primarily in an east/west direction from Krome Avenue to just east of U.S. 1, where it terminates in a residential area. The area between the Homestead extension of the Florida Turnpike and U.S. 1 consists mainly of warehouses with limited retail outlets and a branch of the U.S. Postal Service. Access to the industrial area southward is along U.S. 1 with a southwesterly turn on S.W. 107th Avenue and from the west by use of either S.W. 186th Street or S.W. 184th Street. Entrance to this area from the north is gained by the use of the Florida Turnpike and from the south by use of S.W. 107th Street. Adjacent to S.W. 186th Street, between the Turnpike and U.S. 1, is an industrial area rapidly developing with warehouses and retail outlets. A main arterial which divides the industrial area in a north/south direction, is S.W. 107th Avenue, which crosses the FEC tracks to the south and then intersects with U.S. 1. The average traffic count in 1977 on S.W. 186th Street was 12,600 vehicles daily. These figures resulted from a joint count taken by the County and the State. This count centered around S.W. 186th Street in the vicinity of Homestead Avenue and at the intersection of S.W. 186th Street and U.S. 1. It is estimated that with the opening of the S.W. 184th Street crossing, approximately 6,000 vehicles per day would be diverted to that area from S.W. 186th Street. Opposition to the closing of the S.W. 186th Street crossing came from the business community situated in the industrial area and from the County. There were no opposing public witnesses such as surrounding homeowners or persons requesting east/west access at the hearing to voice opposition to the subject 186th Street application. While most of the opposition witnesses expressed an interest in keeping both the 186th Street and the proposed 184th Street crossings open, they all conceded that access is possible in the area and further, and that the inconvenience caused by closing the 186th Street crossing and opening the 184th Street crossing would result in an additional travel distance of no more than approximately one-half mile. It suffices to say that the opposition from the business community centers primarily upon the merchants and/or developers' desire to provide "direct" access into their respective locations. For example, witnesses from the U.S. Post Office located near the 186th Street crossing testified that if the 186th Street crossing is closed and the means of ingress and egress into the area be via 184th Street, an additional five minutes per route daily would be added to the carriers' route. Testimony introduced during the hearing indicates that the population trend is moving in a westerly direction and that the Post Office itself would use the Turnpike to serve all of their facilities in the west. The County introduced approximately 24 exhibits in support of its application to open the 184th Street crossing. The various exhibits generally show the various classification of minor and major arterial streets in the area. The County's engineer, who expressed an in-depth knowledge of the area, testified that both crossings are highly desirable and necessary, although he admits that with the opening of the 184th Street crossing, ample access will be possible into the subject area. In support of its position to close the 186th Street crossing if the 184th Street crossing application is granted, the Florida East Coast Railway offered the testimony of Joseph Rice, an independent consultant and a Registered Professional Engineer who was accepted as an expert witness during the hearing. Mr. Rice testified that it was not essential that both crossings remain open at the same time, inasmuch as it was possible to handle sufficient vehicular capacity at the 184th Street crossing. He emphasized that in view of the fact that S.W. 184th Street is considered a major arterial route and in view of the County's long-range plan of developing 184th Street as a major arterial in addition to the length of S.W. 184th Street, the logical place to place a crossing would be S.W. 184th Street. Mr. Rice testified that under today's traffic count of approximately 13,000 vehicles per day, a four-lane divided facility would accommodate the traffic in either location and a six-lane facility would accommodate traffic even up to the County's year 2000 projection of approximately 24,000 to 26,000 vehicles on S.W. 184th Street and 7,000 vehicles on 186th Street. He added that with the addition of a four-lane road at S.W. 184th Street, a reduction in travel time and congestion in the area around 186th Street would result. Finally, he testified that the lessening of "conflict points" would enhance the safety of this area. In this regard, according to the testimony introduced by FEC, the subject district is one of the highest accident districts for FEC. After due consideration of the above and in view of all of the reasons introduced by Mr. Rice to the effect that the proposed crossing at S.W. 184th Street is sufficient when properly constructed to handle ingress and egress in the area, a reduction of "conflict points" within a resultant increase in overall vehicular safety, the minimal inconvenience stemming from the closing of the S.W. 186th Street crossing, and the County's long-range and present plans to designate S.W. 184th Street as a major arterial route, dictates that the crossing be closed at S.W. 186th Street and that the new proposed crossing be opened at S.W. 184th Street. I shall so recommend.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That the proposed application to open an at-grade railroad crossing at S.W. 184th Street (Milepost 382 + 1529') be granted. Additionally, it is recommended that the crossing at 184th Street be equipped with cantilevered flashing lights, gates and bells to provide maximum safety to vehicular traffic. In view of the foregoing recommendation, it is additionally recommended that once the at-grade crossing at S.W. 184th Street is completed, the at-grade crossing at S.W. 186th Street be closed. RECOMMENDED this 5th day of December, 1978, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675
