Findings Of Fact On March 2, 1984, the Petitioner, Pensacola Outdoor Advertising, applied for a permit to locate an outdoor advertising sign on the west side of U.S. 29, .1 mile south of Hope Drive, facing south, in Escambia County, Florida. This location is outside the city limits of Pensacola. I-10 and U.S. 29 intersect in the area where the Petitioner proposes to locate its sign. This site is 26.5 feet from the limited access fence or right of way boundary in the northwest quadrant of the interchange area where I-10 and U.S. 29 intersect. The south side of the structure for which the permit is sought is directly adjacent to this limited access fence, which is next to an off-ramp from I-10 to U.S. 29. The proposed sign site is visible to traffic on the main-traveled way of I-10 and to traffic on the interchange ramps.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Pensacola Outdoor Advertising for a permit to locate an outdoor advertising sign on U.S. 29, .1 mile south of Hope Drive, facing south, in Escambia County, Florida, be denied. THIS RECOMMENDED ORDER ENTERED this 24th day of July, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of July, 1985.
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by R. Bruce McKibben, an Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File as its Final Order in this matter. Said Order Closing file was predicated upon Respondent’s notice of withdrawal without prejudice of protest. Accordingly, it is hereby ORDERED that the Dealer Agreement between Triumph Motorcycles (America), Ltd. and Con’s Cycle Center, Inc. d/b/a House of Power is terminated. DONE AND ORDERED this day of July, 2009, in Tallahassee, Leon County, Florida. A. FORD, Directo Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division Boon Vehicles this ay of July, 2009. NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. CAF:vlg Copies furnished: Alex Kurkin, Esquire Kurkin Brandes, LLP 4300 Biscayne Boulevard, Suite 305 Miami, Florida 33137 Melissa Fletcher Allaman, Esquire Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 R. Bruce McKibben Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432-02 Tallahassee, Florida 32399-0504 Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 Nalini Vinayak Dealer License Section STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS TRIUMPH MOTORCYCLES (AMERICA), LTD., Petitioner, Case No. 09-2448 vs. CON’S CYCLE CENTER, INC. d/b/a HOUSE OF POWER, Respondent. / RESPONDENT’S WITHDRAWAL WITHOUT PREJUDICE OF PROTEST Respondent, CON’S CYCLE CENTER, INC. d/b/a HOUSE OF POWER withdraws its Petition for Determination of Unfair Discontinuation Pursuant to Section 320.641(3), Florida Statutes. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was furnished (via US Mail or Email) on this 13" day of July, 2009 to: Jennifer Clark, Office of the Hearing Officer, Room A-308, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399, clark.jennifer@hsmv.state.fl.us, Melissa Allaman, Esq., Neilson, Mullins, Riley & Scarborough, LLP, 3600 Maclay Blvd., South, Suite 202, Tallahassee, Fl 32312-1267 melissa.allaman@nelsonmullins.com and Andrew Bertron, Esq., Nelson, Mullins, Riley & Scarborough, LLP, 3600 Maclay Bivd., South, Suite 202, Tallahassee, Fl 32312-1267, andrew.bertron@nelsonmullins.com. KURKIN BRANDES, LLP Attorneys for Respondent 4300 Biscayne Boulevard, Suite 305 Miami, Fiorida 33137 Telephone: 305-929-8500 Facsimile: 305-675-0564 By: Kurkirl’ ESq. FL Bar No. 899038 Filed July 13, 2009 12:41 PM Division of Administrative Hearings.
The Issue The issues in this case are those announced by the Administrative Complaint brought by the Petitioner against Respondent claiming that the dirt drive entrance to the Ugly Duckling Rent-A-Car at 2555 U.S. 1 South, St. Augustine, Florida, is an unpermitted drive connection used for commercial purposes. It is further alleged that it is, by its nature, a residential driveway that is used in a commercial endeavor and that it does not meet design standards. The stated authority for these accusations are Sections 335.187 and 335.1825, Florida Statutes.
Findings Of Fact On October 2, 1979, Leroy E. Wall, Jr., and his wife Freda purchased the property which is in dispute in this case from Alex Hein and Virginia Hein, his wife. That property is located in St. Johns County, Florida, and its dimensions include approximately 300 feet of frontage on U.S. 1, also known as State Road 5. The frontage runs roughly north and south. The east-west depth of the property is approximately 350 to 360 feet. U.S. 1, for about 20 years, has been a four-lane road at this location with a median separating the northbound and southbound lanes. The property in question is on the western side of U.S. 1 and the southbound lane of that highway passes in front of the property. Petitioner holds a right-of-way from the white line on the shoulder of the road 38 feet inward. It has maintenance responsibility for a five foot strip inward from that white line. At the time Mr. Wall and his wife purchased the property in question, there was a residence located on the property with a free standing garage. Respondent's Composite Exhibit No. 1 admitted into evidence contains a copy of the warranty deed from the Heins to Mr. Wall and his wife. It also shows a description of the property through a survey done on November 14, 1984. It was the intention of Mr. Wall to have the property rezoned from residential to commercial. In addition, he had intended to build a commercial building and to seek approval of Petitioner for a driveway permit associated with that commercial venture. That driveway permit was approved on November 1, 1979. A copy of the driveway permit may be found in Petitioner's Composite Exhibit No. 3 admitted into evidence. The date of approval of that permit is November 1, 1979. The driveway permit and a small drawing reflect the two paved driveways associated with the intended commercial building. It shows frontage in the amount of 165 feet as opposed to the 300 foot expanse that constituted the entire parcel which Mr. Walk and his wife had bought from the Heins. Nonetheless, Mr. Wall is confident that the Petitioner was made aware of the entire 300-foot expanse when he sought the permit. His recollection of those events is credited. As reflected in Respondent's Composite Exhibit 1, a report and recommendation was made by the zoning board suggesting to the Board of County Commissioners that they approve the rezoning of the subject property. That recommendation dates from December 10, 1979. The zoning change was effected. The residential building and detached garage was used by a tenant of Mr. Wall's who was in the import business. Subsequent to that time Vernard W. Fletcher, Jr., who owns Ugly Duckling Rent-A-Car became a tenant at that location on July 1, 1983. The commercial building that had the two paved drives permitted on November 1, 1979 has four tenants. The dirt driveway which enters U.S. 1 from the residence with the detached garage has been there from the time of the purchase by the Walls from the Heins until the present. Mr. Fletcher has described the peak usage of that driveway as 20 trips per day in 1987. In the period July 1, 1988, through June 15, 1989, the number of trips has dropped to 15 cars a day. Mr. Fletcher's explanation of the number of trips is accepted. July 1, 1988, through June 15, 1989, describes the period from the advent of Section 335.187, Florida Statutes, (1988), until the Administrative Complaint was brought against the Respondent on June 15, 1989, as described in the statement of the issues. As Mr. Fletcher and Mr. Wall both explain, the dirt drive is used mostly for ingress. One of the paved drives associated with the commercial building is used for egress onto U.S. 1. On March 16, 1989, Respondent received notice from the Petitioner that the dirt driveway was an unacceptable access point onto U.S. 1. This correspondence was received by Mr. Fletcher on March 17, 1989. It sets forth the same basis of concern as announced in the Administrative Complaint which was prepared on June 15, 1989. Marshall Sander who is a permit engineer for the Lake City District of the Petitioner testified at the hearing. Although he did not confirm in absolute terms the expectation of the Petitioner as to the type driveway that it would accept for permitting, it is clear that some other form of driveway than the present type is contemplated. Mr. Sander's remarks to Mr. Wall made it obvious that the Petitioner is more likely to look with favor on a paved driveway with deceleration lane than any other form of improvement. This would cost as much as $15,000. A not-to-scale drawing of the immediate area is found as Petitioner's Exhibit No. 5. It depicts the commercial building with its two paved driveways and the Respondent's site with its dirt driveway. It also shows the approximate location of a shopping plaza which was under construction and expected to open in October 1989, which is 500 feet north of the property in question. That shopping center is located on the same side of the road as the property that is at issue. There is a traffic signal at Lewis Point Road and U.S. 1, the location of the new shopping center. That traffic control device protects automobiles which are exiting the location of the Respondent and the commercial properties adjacent to that location which are leased by Mr. Wall. Petitioner's Exhibit No. 7 is a series of photographs which depict the site in question with descriptions of the exact nature of those photographs specifically set out. Petitioner's Exhibit 8 also contains a series of photographs. The first photograph is one of Moultrie Plaza which has a Publix food store and 14 other tenants with the possibility of 8 additional tenants in the future. This shopping plaza opened in January 1989 and is approximately two miles south of the Respondent's business location. The shopping plaza which is immediately north of the location in question has a Food Lion grocery store, a McDonald's restaurant, a bank and several other retail shops. It is located on the same side of U.S. 1. Petitioner's Exhibit No. 9 contains other pictures associated with the basic location of the business in question. Mr. Sander's concern about the use of the dirt driveway in a commercial application relates to the edge of pavement drop-off and the formation of ruts that develop with the kick-out by wheels that spin as cars are leaving or pulling into the location and under braking, and the fact that they slide and move the gravel material in the dirt driveway. In his analysis this creates a possible safety hazard. There is no evidence that any accidents have ever occurred because of the use of this dirt driveway or any safety problem associated with its use. Mr. Fletcher and Mr. Wall have no recollection of such events and the Petitioner presented no indication that accidents or other safety problems had occurred. Mr. Sander also was of the opinion that Mr. Wall should have revealed the existence of the additional 135 feet of frontage when the 165 feet of frontage associated with the commercial building was set out in the attachment to the permit for the two paved driveways that have been mentioned before. Again, the facts are found that the 300 foot frontage was made known to the Petitioner based upon the testimony given by Mr. Wall. Section 385.187(1), Florida Statutes (1988), provides that unpermitted connections to the state highway system, to include U.S. 1, in existence before July 1, 1988, which had been in continuous use for a period of one year or more do not require permits. The dirt driveway was in existence before July 1, 1988, and was in continuous use for a period of one year or more. However, that same section speaks in terms of the ability of the Petitioner to require a permit in those instances where the connection undergoes a significant change in the use, design, or traffic flow of the connection or of the state highway that provides access. Beyond July 1, 1988, the use, design, or traffic flow of the driveway connection has not significantly changed. The use and design of the state highway has not significantly changed. The point of dispute is whether the traffic flow on that state highway has changed in a significant way. Notwithstanding the existence of two residential developments known as St. Augustine South and St. Augustine Shores, the two shopping plazas that have been described and other activities in the general vicinity, it was not shown that the traffic flow had increased in a significant way beyond July 1, 1988, up until June 15, 1989, the point at which the administrative complaint was brought or for that matter up until the time of the final hearing. Moreover, as stated, there is no suggestion that the driveway has presented a safety hazard in that time frame, particularly not when taking into account the preference to use the paved drives associated with the commercial building in the egress. That usage is facilitated by the fact that some of the equipment that is being rented is brought up one of the paved driveway exits from an area behind the commercial building. This set of circumstances is considered in light of the fact that the traffic signalization at Lewis Point Road and U.S. 1 protects a person entering U.S. 1 southbound.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That a Final Order be entered which dismisses the Administrative Complaint. DONE and ENTERED this 19th day of December, 1989, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of December, 1989. APPENDIX CASE NO. 89-3898 Petitioner's Facts Petitioner's facts in paragraphs 1, 2, 3 and 4, are subordinate to facts found. Paragraph 5 is contrary to facts found. Paragraph 6 is accepted but it is not essential that it be found as a fact. Paragraph 7 is subordinate to facts found. Respondent's Facts Respondent has described facts it wishes to have found in two categories. Those categories are a preliminary statement of facts not in dispute and a category associated with the issues deemed to be in dispute. These suggested facts are subordinate too the facts found in the recommended order. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458 Frederick L. Rice, Esquire 5611 St. Augustine Road Jacksonville, Florida 32207 Ben Watts, Interim Secretary Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458
The Issue The issues in this case are: (1) whether Petitioner has standing to bring this action; and if so, (2) whether Respondent properly denied his application for a driveway/connection permit.
Findings Of Fact On February 24, 1998, Petitioner submitted a Driveway/Connection Application, Number 98A3940018 to Respondent. Petitioner's application sought a permit to construct a driveway/connection to a proposed retail sales office project for Lot 13, Block 396, Avolon Beach Subdivision, in Santa Rosa County, Florida. The site of the proposed project is located at 2996 Avolon Boulevard (State Road 281), between the I-10 exit ramp and San Pablo Street. STANDING Petitioner entered his name on the application as owner of the subject property. Petitioner signed the application as owner with title to the property. He signed the application certifying that he was familiar with the information contained in the application and that to the best of the applicant's knowledge and belief, the information contained therein was true and correct. Petitioner did not fill out a section of the application entitled, "Are You An Authorized Representative?" Respondent relied on Petitioner's certification that he was the owner of the property and processed his application. During the hearing, Petitioner initially testified that he bought the subject property in February of 1998. There was no driveway connection from Lot 13 to Avolon Boulevard in February of 1998. Petitioner did not have a copy of the deed to the subject property with him at the hearing. He admitted on the record that a deed indicating his ownership interest was not filed with the public records in Santa Rosa County. He also admitted that no such deed existed. Petitioner claims that the land was under contract but "had not gone to closing yet." Petitioner did not have a copy of the contract to offer as an exhibit at the hearing. Respondent produced copies of two deeds for the subject property at the hearing. The most recent of these deeds was recorded on July 14, 1997. It indicates that the property is owned by the George H. Moss Trust, George H. Moss, Trustee. Petitioner's post-hearing exhibit consisted of two documents. The first is a Memorandum Agreement dated February 2, 1998. The memorandum indicates that Tim Oden, Agent for 3/0 Partners, LLC, paid $500 in earnest money as a deposit for the purchase of the subject property belonging to George Moss, with the closing to take place on or before April 15, 1998, contingent on specified terms of purchase. One of the terms of purchase requires proof of legal access to San Mateo Avenue which is the subject of this proceeding and has not been fulfilled. Additionally, Petitioner did not present evidence that any of the other conditions of the contract have been fulfilled. The Memorandum Agreement is signed by Tim Oden, Agent for 3/0 Partners, LLC, as buyer and George H. Moss as seller. The second document included in Petitioner's post- hearing exhibit is a copy of a cancelled check in the amount of $500 payable to George Moss for the subject property and signed by Tim Oden. Mr. Moss endorsed the check for deposit. Petitioner's name does not appear anywhere on the Memorandum Agreement. There is no direct evidence showing Petitioner's relationship to Tim Oden or 3/0 Partners, LLC. He has not demonstrated that he has an ownership interest in the property. PERMIT APPLICATION In a Notice to Deny Permit dated March 23, 1998, Respondent advised Petitioner that his application was denied. Respondent's notice gave the following reasons for denying the application: The Limited Access Right of Way and fence were not shown on the plans. A field review found this proposed connection within the Limited Access Right of Way. This section of State Road 281 is a Limited Access Facility, in conjunction with I-10. Access to the property can not be permitted through the Limited Access Fence or across the Limited Access Right of Way. Access rights were acquired for the construction of I-10 and the interchanges. Access can not be permitted to the ramps or ramp tapers. On or about April 7, 1998, Petitioner provided Respondent with a revised Driveway Permit Drawing showing the Limited Access Right-of-Way and fence. Petitioner admitted in a telephone conversation with Respondent's permit engineer that a previous owner had been compensated for the loss of access to Avolon Boulevard when the I-10 interchange was constructed. The subject property did not have an existing driveway connection when the I-10 interchange was constructed. The Shell service station and the used car lot, which are located at the Avolon Boulevard interchange, had existing driveway connections before the interchange was constructed. Similarly, driveway sites near the intersection of Davis Highway, in Escambia County, and I-10, were in existence at the time the I-10 interchange ramps were constructed. These existing driveways were allowed to remain after construction of the ramps. New driveway connections would not be permitted at these locations. Permits will not be granted if these properties undergo a substantial change in use which requires a change in permitting. Petitioner's description of the location of the off ramp, ramp taper, and limited access area of Avolon Boulevard are erroneous. The proposed driveway for the subject property is located in the off ramp lane. Federal highway regulations require control of connections beyond the ramp terminal of an interchange for at least 100 feet in urban areas and 300 feet in rural areas. This control for connections to crossroads must be effected by purchase of access rights, providing frontage roads, controlling added corner right-of-way areas, or denying driveway permits. Petitioner's proposed driveway would be located within 300 feet from the end of the taper of the off ramp. Federal regulations prohibit the issuance of a new connection permit for a site within that area. Additionally, Petitioner's proposed driveway connection would cause a safety and operational problem on the state highway system due to its location in the off ramp of the I-10 interchange. There is no persuasive evidence that Santa Rosa County has abandoned the street which is adjacent to Lot 13 and the Shell station, 32nd Avenue. Petitioner did not establish that there is no legal access from Lot 13 to Avolon Boulevard other than by issuance of the subject permit.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Respondent enter a Final Order dismissing Petitioner's appeal for lack of standing and/or dismissing Petitioner's appeal on its merits. DONE AND ENTERED this 14th day of December, 1998, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 14th day of December, 1998. COPIES FURNISHED: Brian F. McGrail, Esquire Department of Transportation Mail Station 58 Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Hugh Allen Oden 8612 Westview Lane Pensacola, Florida 32514 James C. Myers, Agency Clerk Department of Transportation Mail Station 58 Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Pamela Leslie, General Counsel Department of Transportation Mail Station 58 Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458
The Issue Is it necessary for Respondent, the Department of Transportation (DOT), to close the southern driveway of the property of Petitioner, Barkmore Resort, Inc. (Barkmore)? If the driveway is closed, will the Barkmore property have reasonable access to the State Highway System?
Findings Of Fact Barkmore is located at 10125 Land O' Lakes Boulevard (SR 45), Land O' Lakes, Florida. The Barkmore property is a single parcel consisting of three lots with commercial operations for Barkmore Resort Kennel and a recreational vehicle and boat storage facility. The property's two driveways connect to SR 45. The northern driveway connects to the Barkmore parking lot and is aligned with the fence gate for the storage area. At some point in the past, the southern driveway had a cross-connection to the parking lot. It does not now. It currently consists of dirt and grass and terminates at a locked gate on the southern run of Barkmore’s fence. Images of the southern driveway do not show signs of recent use. Currently the driveways are "grandfathered" in and not subject to existing driveway requirements. SR 45 is part of Florida’s highway system. DOT regulates access to the state highway system to ensure safe, efficient, and effective maintenance and operation of the roads. Several statutes and rules govern DOT's activities, including when and how it can change a property's access to the system. DOT is planning a roadway widening project that will include reconstructing SR 45 into a four-lane roadway. This will permit a 55 mile an hour speed limit. The SR 45 project's approximate length is 2.7 miles reaching from north of Connerton Boulevard to south of State Road 52. Barkmore’s property abuts that stretch of road. DOT intends for the project to improve road capacity, traffic flow, and safety. The project is a significant change to the roadway and roadway design. The project includes modifications and improvements to driveway connections along SR 45. It also provides for a shared-use path for vulnerable users, including bicyclists and pedestrians, along the east side of the project. The path, however, is on the opposite side of SR 45 from Barkmore. Barkmore's driveway is one of approximately 19 driveway modifications DOT proposes as part of the project. Barkmore's southern and northern driveways are 155 feet apart. Florida Administrative Code Rule 14-97.003 requires 660 feet between driveway connections. This requirement alleviates "driveway confusion" for drivers caused by driveways in close proximity to each other, like those of Barkmore. The fact that Barkmore's southern driveway terminates in a locked gate adds to the confusion for drivers. Every driveway creates a conflict point with vehicles and pedestrians traveling on the road to which the driveway connects. Limiting conflict points promotes better traffic movement and an increased level of safety and mobility for the highway system. Because of these safety and traffic flow considerations, DOT proposed modifying the Barkmore driveways to bring them into compliance with current requirements. DOT proposed elimination of the southern driveway and significant improvement of the northern one. The project will replace the northern driveway's dirt and gravel with asphalt. The project will increase the width of the northern driveway from 12 feet to 24 feet at the right-of-way line. The project also increases the opening, or throat, where the northern driveway connects to SR 45, to 70 feet. After the proposed changes, the northern driveway will provide reasonable and improved access to Barkmore’s property, including to the southern gate. After modification, the northern driveway will provide for adequate vehicle circulation into and out of the Barkmore property. There is no evidence to support the claim of the hearing request that, "[t]here will be no way to access the electric poles, multiple septic tanks, and propane tank if the South driveway is closed" and the business would become "inoperable." On August 2, 2019, DOT sent Barkmore a notice advising of DOT's intent to close Barkmore’s southern driveway and widen its northern driveway connecting Barkmore's property to the DOT right-of-way for State Road 45. The notice also advised Barkmore of its right to request an administrative hearing. DOT conducted a hearing on October 15, 2019, to receive public input, to learn how the project will affect access to businesses, and to hear public input about the project’s potential economic impact on the business community.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Respondent, Department of Transportation, enter a final order approving the closure of the southern driveway of Petitioner, Barkmore Resort, Inc., and improvement of the northern driveway as part of the State Road 45 project. DONE AND ENTERED this 29th day of January, 2021, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of January, 2021. COPIES FURNISHED: Stephanie N. Carver The Barkmore Resort 10125 Land O' Lakes Boulevard Land O Lakes, Florida 34638 Amber Greene, Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0450 Sean Gellis, General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0450 Richard E. Shine, Esquire Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399 Kevin J. Thibault, P.E., Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street, MS 57 Tallahassee, Florida 32399-0450
Findings Of Fact The sign which is the subject of this proceeding is an outdoor advertising structure owned by the Respondent. It was erected on October 28, 1982, and is located on the south side of Douglas Road, 132 feet east of the edge of U.S. 1, in the City of Miami, Florida. The Respondent's sign is situated so as to be read by eastbound traffic on Douglas Road. Douglas Road is an uncontrolled road, in that it is not a Federal-Aid Primary Highway. The Respondent's sign also faces so as to be visible to traffic travelling south on U.S. 1, and it can be read by this traffic. The subject sign is 51 feet from another sign located on the east side of U.S. 1, facing so as to be read by traffic travelling south on U.S. 1, which is permitted by the Department of Transportation. The subject sign is also 403 feet from another permitted sign located further south on the east side of U.S. 1, and facing so as to be visible to traffic travelling south on U.S. 1. U.S. 1, is a Federal-Aid Primary Highway throughout Dade County, and it was open to the public when the Respondent's sign was erected. The Respondent's sign does not have an outdoor advertising permit.
Recommendation From the foregoing Findings of fact and conclusions of Law, it is RECOMMENDED that the Department of Transportation enter its order requiring the removal of the sign of Empire Outdoor Advertising, Inc., located on the south side of Douglas Road, 132 feet east of U.S. 1, in Miami, Florida. THIS RECOMMENDED ORDER entered on this 15 day of August, 1983, in Tallahassee, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of August, 1983. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32312-8064 L. Martin Reeder, Jr., Esquire Post Office Box 2637 Palm Beach, Florida 33480 Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is RECOMMENDED that: Respondent Department of Transportation enter a final order denying the application of petitioner V. J. Allen, d/b/a The Seafood Shack, for a sign permit. RECOMMENDED this 25th day of January, 1985 in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 25th day of January, 1985.
The Issue Is it necessary for Respondent, the Department of Transportation (Department), to close two driveways on the property of Petitioners, Joe David and Barbara Jean Riggins? If the driveways are closed, will the property affected by the driveway closings still have reasonable access to the State Highway System?
Findings Of Fact The parties stipulated to the following facts: On October 4, 2016, the Department sent Joe David and Barbara Jean Riggins a Notice of Intent to Modify Driveway Connection. Mr. and Ms. Riggins received the Notice of Intent to Modify Driveway Connection on October 8, 2016. The Notice of Intent to Modify Driveway Connection related to the property located at 964 State Road 441 Southeast, Okeechobee, Florida. The approximate 0.787 acre property has been held by the Joe David and Barbara Jean Revocable Trust since September 24, 2012. The property is not developed, with the exception of a boat ramp aligned with the property’s westernmost driveway that is scheduled to remain open. The remainder of the property consists of asphalt and a bare concrete slab from a demolished structure. State Road 441 is a part of the state highway system. Mr. and Ms. Riggins own two adjacent lots located at 964 State Road 441, Southeast, in Okeechobee County, Florida. The Okeechobee County Property Appraiser identifies them as lots 13 and 14. The lots are vacant. Three driveways exit those properties. The driveways have been in existence since at least 1992. The driveways have not gone a year without use. The Department is an agency of the State of Florida. It regulates access to the state highway system to ensure safe, efficient, and effective maintenance and operation of the roads. The Department is planning a resurfacing project for State Road 441 from State Road 78 to Southeast 30th Terrace in Okeechobee County. That approximately two-mile stretch of road runs past the Rigginses’ property. The Department intends for the project to enhance roadway safety through improvements to the roadway surface, driveway modifications, sign and pavement markings, elevation corrections, bridge retrofits, and guardrails. The planned resurfacing project also includes modifications and improvements to driveways along State Road 441 and installation of a bicycle lane adjacent to the Rigginses’ land. The project is a significant change to the roadway and the roadway design. As part of the resurfacing project, the Department conducted an evaluation of modification of all driveways along the project corridor to improve motorist, bicyclist and pedestrian safety and operation of the roadway. When the Department plans significant changes in roads, it conducts an evaluation to determine whether existing driveways meet design standards in conformance with access management act standards. Mr. Leon, Engineer of Record and Project Manager for the project, conducted the evaluation. He recommended closing the eastern and middle driveways on the Rigginses’ two lots. The Department gave the Rigginses’ notice of the plan to close the two driveways. Department representatives reviewed the plan and the reasons for it with the Rigginses, by telephone and in person. The Department maintains that closing the driveways is necessary to improve safety and compliance with the Department’s design standards. Because of their age, the driveways are “grandfathered” and without the substantial changes of the project would not be subject to current design standards. Most recently, the Rigginses leased the lots to Edison Power Company for parking utility line trucks. The utility company used the two lots as if they were one. The lease expired December 31, 2016. If Edison Power were to resume use of the lots, there is sufficient room for its trucks to maneuver and to enter and exit the property using only the westernmost driveway. The eastern driveway is 16 feet wide at its throat where the driveway meets the road. The throat of the middle driveway is 27 feet wide. The throat of the western driveway is 35 feet wide. This driveway lines up with a boat ramp on the other side of the lot. Each driveway is substantially less than 1,320 feet apart from the adjacent driveway. The Department has design standards for driveway dimensions. For rural roadways, like the one involved here, the size range for driveway throats is 24 feet to 36 feet. Department Rule 14-97.003 classifies roadways and establishes driveway spacing for each class. State Road 441 is a Class 5 roadway. Its speed limit is 45 miles per hour. The rule requires driveways on the roadway to be spaced 1,320 feet apart. The spacing requirement is important for reducing driver confusion and wreck potentials caused by multiple turns onto or from the road in quick sequence. The project design work included examining existing driveways and their effect on traffic flows and interaction with motor vehicle, bicycle, and pedestrian traffic on State Road 441. The Department reasonably focused on limiting conflict points created by driveways and bringing affected existing driveways into compliance with current access standards. Closing the two easternmost driveways will reduce conflict points on the roadway caused by vehicles entering and leaving the property. The activity increases risks of crashes for motor vehicles and for bicyclists who will use the newly created bike lanes and vehicles entering and leaving the property. As a rule, limiting the number of driveway connections promotes better traffic movement and an increased level of safety and mobility for the system as a whole. The westernmost driveway on the Rigginses’ property will provide reasonable access to the property.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Department of Transportation, enter a final order approving the closure of the easternmost and middle driveways on the property of Respondents, Joe David and Barbara Riggins, as part of the Department's State Road 441 Resurfacing Project. DONE AND ENTERED this 28th day of July, 2017, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings This 28th day of July, 2017.
Findings Of Fact Based upon the parties' stipulations of fact, the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: For the past 31 years, Petitioner has owned and operated a small grocery store (hereinafter referred to as the "store" or "Payfair") on the bay side of Plantation Key. The store is open for business from 8:00 a.m. to 9:00 p.m. seven days a week. Payfair is situated on a block that is bounded on the north by Palm Avenue, on the south by Royal Poinciana Boulevard, on the east by U.S. 1 (or State Road 5, as it is also known), and on the west by Gardenia Street. On this same block, to the south of the store, are a restaurant and the office of an insurance agency. All three businesses face U.S. 1. A paved driveway running parallel to U.S. 1 passes in front of all three establishments. The property on which Payfair is located consists of ten platted lots, six of which abut U.S. 1 (for a total distance of approximately 300 feet). U.S. 1 is a north-south roadway that is part of the State Highway System. In this area of the Upper Keys, it serves not only as a through highway linking the Upper Keys with the Middle and Lower Keys to the south and with the rest of the State to the north, but it also must carry local traffic because of the absence of any other major through streets in the area. The remaining four lots of Petitioner's property abut Gardenia Street. On the other (western) side of Gardenia Street are residences. There are no street lights on Gardenia Street. Gardenia Street dead ends several blocks to the south of Petitioner's property at Wood Avenue, where an elementary school is located. Plantation Key High School is also nearby. School children living in the residential area behind Payfair walk or ride their bikes on Gardenia Street past the store on their way to and from school. There are signs on the street that warn motorists that there are "children at play." It is desirable to minimize the amount of traffic, particularly commercial traffic, on streets in residential areas where there are school-aged children. Motorists can enter the Payfair parking lot from either U.S. 1 or Gardenia Street. Until recently, both southbound and northbound motorists on U.S. 1 could turn directly from U.S. 1 onto the Payfair property anywhere along the 300 feet the property fronted the roadway. Likewise, upon leaving the property, from anywhere along the frontage of the property, they could turn right and head south on U.S. 1 or turn left and go north on U.S. 1. Such unrestricted, direct access to and from U.S. 1 is no longer available to Petitioner and its customers as a result of work that has been done as part of Department Project No. 90060-3557 (hereinafter referred to as the "project"). The project, which is nearly finished, has converted a portion of U.S. 1 from a two-lane roadway without curbs, gutters or a restricted median to a four-lane roadway with these features which, at its southern terminus, makes the transition to a two-lane roadway. That portion of U.S. 1 on which work either has been or will be done in furtherance of the project extends from Station 379, on Key Largo, south to Station 298, on Plantation Key. 1/ (The project plans call for the restrictive median to run only as far south as Station 308, which is immediately north of Royal Poinciana Boulevard.) Station 298, the southern terminus of the project, is north of Wood Avenue. The issue of where the southern terminus of the project should be located was raised at a public meeting held by the Department at Plantation Key High School on March 14, 1991. Stan Cann, the Department's District 6 Director of Operations, following the meeting, wrote a letter to the Monroe County Superintendent of Schools in which he provided the following sound and reasonable explanation as to why the Department, in designing the project, had selected Station 298, rather than some point to the south of Wood Avenue, as the southern terminus of the project: A major concern of most of the meeting participants was where the final location of the southern transition from four lanes to two would be. Currently our plans call for that to occur prior to the signalized intersection at Woods Avenue. It was the overall opinion, however, that the four laning should be continued through the intersection and transition somewhere farther south. After considerable review, the Department feels strongly that the current design for the transition is the best alternative for pedestrian safety. We understand the tendency of some drivers to attempt passing as many vehicles as possible before entering a two lane section. This tendency makes it preferable for all opportunities for passing to be complete before coming to the pedestrian crossing. The current design accomplishes this. Extending the four-lane section farther south would result in these drivers continuing their passing movements through the intersection thereby increasing the likelihood of vehicles running a red light which, of course, is when pedestrians are told to cross. In addition, with the increased length of the crossing to traverse the four lanes, pedestrians would be in the roadway itself twice as long. We believe that placing the transition to the south where there is no signal indicating to drivers that they may have to stop ahead, will tend to increase vehicle speeds in order to make passing movements, thus endangering the elementary school students. With due consideration of the parents' concerns and recommendation, the Department must pursue what it firmly believes provides the most pedestrian safety. Completing all passing opportunities prior to the approach to the intersection, as currently designed, is the safest alternative. The focus of the instant case is on that portion of the project between Station 308 (at or near the intersection of U.S. 1 and Royal Poinciana Boulevard) and Station 315 (at or near the intersection of U.S. 1 and Palm Avenue). This segment of U.S. 1 (hereinafter referred to as the "subject roadway segment") has a design speed of 45 miles an hour. As a result of the project, it now has four lanes instead of two. Its two southbound lanes are separated from its two northbound lanes by a raised concrete, restrictive median, which is six feet in width at its southern end just north of Royal Poinciana Boulevard. 2/ The project also added curbs along the right side of the outer lanes which separate the subject roadway segment from the abutting property. There are, however, on the western side of the subject roadway segment, four driveways (curb cuts) that provide access to and from the southbound lanes. 3/ Two of these driveways lead to the Payfair parking lot. Another driveway is located between Payfair and the restaurant next door. The remaining driveway services the insurance agency's parking lot to the south of the restaurant. 4/ Accordingly, while the installation of the raised concrete median and curbing has restricted access to and from U.S. 1 in this area, it has not eliminated such access entirely. Southbound motorists on U.S. 1 still have direct access to the Payfair parking lot from U.S. 1; however, they must use one of the driveways that have been installed as part of the project. Similarly, motorists departing the Payfair parking lot can still turn right onto to U.S. 1 and go south; however, they can do so only from one of the aforementioned driveways. Because of the restrictive median that divides the subject roadway segment, northbound motorists on U.S. 1 can no longer turn left and directly access the Payfair parking lot from U.S. 1, nor can motorists leaving the Payfair lot any longer turn left onto U.S. 1 and head north. Reasonable, although somewhat more inconvenient, alternatives remain for these motorists, however. The Department has constructed left turn lanes on U.S. 1 so that northbound traffic can turn left (west) onto either Royal Poinciana Boulevard 5/ or Palm Avenue. Since both Royal Poinciana Boulevard and Palm Avenue connect U.S. 1 with Gardenia Street, vehicles travelling north on U.S. 1 can enter the Payfair parking lot through the rear entrance on Gardenia Street by turning left onto either Royal Poinciana Boulevard or Palm Avenue, travelling one block west, and then turning onto Gardenia Street. Alternatively, some northbound vehicles on U.S. 1 will be able to make a U-turn at Palm Avenue and then travel southbound on U.S. 1 to one of the store's front driveways. 6/ Motorists leaving Payfair and desiring to travel north on U.S. 1 can exit the parking lot via the store's rear driveway, get to U.S. 1 by taking Gardenia Street to either Royal Poinciana Boulevard or Palm Avenue, 7/ and then turning left onto U.S. 1. 8/ They can also exit the parking lot via the front driveways, turn right onto U.S. 1, travel southbound to Fontaine Drive, turn eastbound onto Fontaine Drive, 9/ travel a very short distance on Fontaine Drive before turning northbound onto S-905, travel northbound on S-905 to Sunshine Boulevard, make a left onto Sunshine Boulevard, and then, at the intersection of Sunshine Boulevard and U.S. 1, turn northbound onto U.S. 1. Another option they have available is to drive southbound on the paved driveway that runs parallel to U.S. 1 in front of the businesses on the block, exit via the driveway that connects the insurance agency's parking lot with Royal Poinciana Boulevard, make a left onto Royal Poinciana Boulevard, and then turn northbound onto U.S. 1. From a traffic engineering and safety perspective, it was prudent to install a restrictive median on the subject roadway segment, notwithstanding that its existence may result in some inconvenience to the travelling public. The subject roadway segment is south of where southbound motorists are first warned that the two southbound lanes of U.S. 1 will merge into one southbound lane (hereinafter referred to as the "warning point"). Therefore, although the subject roadway segment is before the actual merger and it has two southbound lanes like that portion of the roadway to its north, 10/ it is in a transition area where motorists can be expected to begin jockeying for position in anticipation of the elimination of one of the two lanes of traffic. It is more appropriate to have a restrictive median than a painted or non-restrictive median on a segment of a through highway which has a design speed of 45 miles per hour and serves as a transition area as does the subject roadway segment. A restrictive median on such a roadway segment helps to channelize traffic that will soon have to merge. More importantly, it minimizes the conflicts and dangers that motorists in the transition area must face as they jockey for position in anticipation of the merger. The fewer the openings a restrictive median has the more effective it will be in accomplishing these objectives. Prior to the installation of the restrictive median on the subject roadway segment, Petitioner requested that the Department provide an opening in the median across from Payfair. The Department's District 6 Director of Operations, Stan Cann, addressed this request as follows in his aforementioned letter to the Monroe County Superintendent of Schools: We have investigated the request of a median opening between [Royal] Poinciana Boulevard and Palm Avenue and are unable to grant this for two reasons. First, the median width is inadequate to safely provide for the left turn storage lane. Secondly, the minimum distance between median openings is 660 feet unless they serve publicly dedicated roadways. The distance between Poinciana and Palm is approximately 700 feet or just over the minimum. An intermediate opening would certainly introduce operational problems to US-1. Truck traffic serving the commercial establishments on the bay side of US-1 will continue to use Poinciana or Palm to re-enter US-1 as they do today. We will recommend to Monroe County that they post No Trucks signs on those residential streets behind this area, particularly south of Poinciana. The District 6 Secretary, Charles W. Baldwin, Jr., by letter dated September 11, 1991, formally advised Petitioner of the Department's intention to deny its request for a median opening. In his letter, Baldwin stated the following regarding the matter: The second issue you raised concerns a median cut on US-1 so as to provide access for Northbound traffic to your client's property. The Department must deny this request because of safety factors which include but are not limited to 1) the physical infeasibility of constructing a median opening because of the width of the median and 2) the placement of a median opening would violate the Department's minimum design criteria. The Department proceeded to install a restrictive median, in accordance with the project plans, without the "intermediate opening" sought by Petitioner, or any other "intermediate opening," between the openings at Royal Poinciana Boulevard and at Palm Avenue. The work was completed in December, 1992. The distance from the centerline of the median opening at Royal Poinciana Boulevard to the centerline of the median opening at Palm Avenue (approximately 700 or 800 feet) is such that it is not possible to have an "intermediate opening" with a centerline that is 660 or more feet from the centerlines of both the Royal Poinciana Boulevard and Palm Avenue openings. Furthermore, as Cann also noted in his letter, any such "intermediate opening would certainly introduce operational problems to US-1." While the Department's decision to install a restrictive median without any "intermediate openings" may have certain undesirable consequences, such as increasing the vehicular traffic on Gardenia Street, on balance, having such a restrictive median is safer than having one with an "intermediate opening" or having a non-restrictive median like the one proposed by Petitioner's expert witness, Ralph Aronberg. The Department has provided median openings on other portions of U.S. 1, north of the subject roadway segment, which service intersecting public roadways, notwithstanding that the centerlines of these openings are less than 660 feet from the centerlines of other openings. Other median openings provided by the Department on U.S. 1 include one that services an office building, the Turek Building, which is a block and a half north of Payfair, and another that services a shopping center in Tavernier.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a final order denying Petitioner's request that the Department either provide Petitioner an opening in the restrictive median on the subject roadway segment across from Payfair or, alternatively, replace the restrictive median with a non-restrictive median which would provide Petitioner with direct access to and from the northbound lanes of U.S. 1. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 4th day of May, 1993. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of May, 1993.
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: The Application Process On or about November 1, 1978, petitioner Transgulf Pipeline Company (Transgulf) filed with the respondent Board of County Commissioners of Gadsden County Florida (Gadsden County) an application for development approval (ADA) of a proposed liquid petroleum products storage and truck loading terminal to be located near Midway, Gadsden County, Florida (Midway Terminal). Copies of the ADA were provided to the Apalachee Regional Planning Council (ARPC) and the Division of State Planning. The ARPC requested additional information about the project from Transgulf on or about December 12, 1978, Transgulf supplied the additional information to the ARPC, and the ARPC informed Gadsden County on or about December 18, 1978 that Transgulf had supplied the additional information requested and that Gadsden County could advertise for a public hearing on the Midway Terminal ADA. The Gadsden County Planning and Zoning Commission voted to recommend approval of the Midway Terminal proposal to Gadsden County on February 27, 1979. On or about March 2; 1979; the ARPC submitted an analysis of the Midway Terminal and recommended approval of the development with three conditions: improvements to County Road 159, a buffer between the storage facility and existing residences in the area and adequate fire fighting facilities on the site. In addition, the ARPC noted that the proposed project site was unzoned and that "Therefore, the County Commissioners must consider in evaluating this project how it would like for Gadsden County to grow. Should the area be set aside for residential growth, commercial growth, or left in its existing state? The answer to this question is a growth policy that the County Commissioners must decide." (Petitioner's Exhibit 7) On March 13, 1979, Gadsden County conducted a public hearing and voted to deny development approval. A written Development of Regional Impact Order denying development approval was issued on or about April 3, 1979. The Order concluded: This DRI would have an unfavorable impact on the environment and the natural resources of the region involved. This DRI would have an unfavorable impact on the economy of the region involved. This DRI would unduly burden the public transportation facilities in the region involved. The Order further listed the following as changes which would make "this DRI .... eligible to receive a permit": Location of this DRI in an area that is not prime residential and densely populated. Location in an area where in the event of a catastrophe such as fire or explosion that such fire or explosion will not result in an adverse effect upon the environment of the area. Location of this DRI in an area where its presence will not create an adverse effect upon the economy of the region. Adequate provisions must be made for traffic safety in handling the large number of semi-tractor tankers that will use this facility to the end that no traffic hazards are created and that transportation facilities are not unduly burdened. (Petitioner's Exhibit 32) In addition, the County found the ARPC's report and recommendation to be incomplete and concluded that the "Midway, Florida area is predominantly rural residential in nature and affords a quiet community for peaceful living." Transgulf timely filed a petition and notice of appeal from Gadsden County's denial to the Florida Land and Water Adjudicatory Commission. Between that time and the time of the commencement of the instant administrative hearing, numerous judicial and other administrative proceedings have occurred. As relevant to the issues for determination in this proceeding, the Federal Energy Regulatory Commission (FERC) issued a certificate of public convenience and necessity for the entire pipeline project and, as a part of its review, considered potential alternative sites for the subject storage facility. The FERC staff concluded that "The Midway site would not create unaccept able impact. Further, no other site studied by the staff would constitute a superior alternative to the proposed Midway site." (Petitioner's Exhibit 11, page 130) The conceptual design and impact information contained in the petitioner's original ADA is basically unchanged. However, due to the passage of time pending this appeal, Transgulf has refined and updated certain information concerning the project in light of regulatory; technological and industry changes and advances; FERC and ARPC conditions; concerns expressed by interested persons and the detailed planning and designing of a larger, but similar storage facility to be located near Kissimmee, Florida, which facility has now received DRI approval. The final design plans for the proposed Midway terminal will cost approximately $1 million. Overview of the Proposed Project Florida Gas Transmission Company is the owner and operator of a dual pipeline system extending approximately from Baton Rouge, Louisiana to Fort Lauderdale, Florida. Florida Gas Transmission Company and Transgulf Pipeline Company are wholly owned subsidiaries of Houston Natural Gas Company. Transgulf is in the process of acquiring from Florida Gas Transmission Company one of the pipelines presently being used to transport natural gas, and plans to use this pipeline to transport refined liquid petroleum products, such as gasolines, diesel fuels, home heating oils and aviation jet fuels. Transgulf's liquid petroleum products pipeline will receive products from a refinery and existing pipelines near Baton Rouge Louisiana and from a pipeline at Lucedale Mississippi. These products will be delivered to the State of Florida through existing terminals at Jacksonville and Port Everglades and through terminals Transgulf plans to construct near Midway in Gadsden County, Florida and Kissimmee in Osceola County, Florida. At these terminals, products will be delivered into individual tanks assigned for each product and loaded from the tanks into trucks for distribution in the market area. The overall cost of the total pipeline project is approximately $500 million. It is estimated that the pipeline project as a whole will result in Savings in transportation costs of approximately $1.5 billion over the first 20 years of its life. The proposed Midway Terminal will serve a market area consisting of all or a portion of Jackson, Liberty, Franklin, Wakulla, Gadsden, Leon, Jefferson, Madison, Taylor, Lafayette Hamilton and Dixie Counties. The existing distribution system for liquid petroleum products in this market area is by truck from terminals in Panama City, Florida; Bainbridge, Georgia; Jacksonville, Florida; and St. Marks, Florida. The proposed Midway terminal will include seventeen above-ground petroleum storage tanks with an ultimate capacity of approximately 350,000 barrels of petroleum product. This is approximately 4.3 percent of the total pipeline capacity. The terminal's existence is not an essential element of the pipeline conversion project. As more particularly described below, the conceptual design for the proposed Midway terminal includes in addition to the 17 storage tanks, loading bays to service approximately 75 trucks per day a vapor recovery system, a water treatment system, dikes, retention ponds and settling ponds lined with impervious liners a manifold area, a driveway, a small office building security and lighting, an automatic self-contained fire detection and preventive system and a high-level communications system. The Intervenors Henry Baker Dover and his wife own and reside on approximately 344 acres of land located in Midway on the eastern side of County Road 159, north of its intersection with U.S. 90. Also on the property are two mobile homes and a house occupied by his two sons and their families along with another individual. Mr. Dover operates a channel catfish hatchery on this property. The catfish are grown in 32 different ponds located on the property; containing some 135 surface acres of water, and are sold as stock to numerous pond owners throughout Florida and South Georgia. A large portion of Mr. Dover's original acreage was sold (with the retention of a reverter interest) to a Fuller's earth mining company, and many of his ponds were created from stripped off overburden in connection with the mining activities. There is also an 18-acre Spring-fed lake on this property. When mining is conducted on the property, the activity involves three to six trucks making three to four trips per day. Mining activities were conducted on the mining company property for approximately 30 to 35 days in 1984, although for several previous years mining was not conducted. The Midway Community Council, Inc. is a nonprofit corporation composed of residents and other persons who have property interests or other community ties to the Midway, Florida area. It was formed in 1978 or 1979 and incorporated in May, 1979. A substantial number of Midway members either reside or own property on County Road 159, St. John's Church Road, Dupont Road or U.S. 90 in the Midway area; attend church in the Midway area, and/or have children who are transported by public school bus on County Road 159 to Havana, Florida. Among the purposes of the Council is to promote the improvement of the community by engaging in activities for improving the general welfare, health, safety, industrial, economic, social and cultural conditions of the community. The Site and Vicinity The proposed terminal site is presently owned by the heirs of Ida Munroe, deceased. In 1979 Transgulf had an option to purchase the property. However, that option lapsed and Transgulf currently has no ownership interest in or option to purchase the property. Title to the property is clouded due to the number of heirs in the estate. Transgulf intends to acquire the site through negotiation with the heirs or, if necessary, through what is anticipated to be a "friendly" eminent domain proceeding. Transgulf has communicated with the senior member of the Munroe family over the years and as recently as the week prior to the hearing. The proposed site for Transgulf's Midway Terminal is comprised of approximately 51 acres of land adjacent to the pipeline on the west side of County Road 159, approximately 7/10 of a mile north of the intersection of U.S. 90 and County Road 159. The terminal would be located approximately 10 1/2 miles east of Quincy Florida, approximately 12 1/2 miles west of Tallahassee, and approximately 1 1/2 miles north of the community of Midway, which is normally shown on maps as located south of U.S. 90 and Interstate 10. The intersection of County Road 159 and U.S. 90 is approximately 2.2. miles northwest of the intersection of U.S. 90 (a four-lane divided highway connecting Quincy and Tallahassee) and Interstate 10 (a limited access highway). Between these two intersections are several commercial establishments, both large and small, including a night club, marine and tractor equipment facilities, a paint and body shop, an auto salvage and service yard and scattered lower-priced residences. On the south side of U.S. 90 at its intersection with County road 268; which is effectively the southerly extension of County Road 159, is the 28-acre Midway Industrial Park. The industrial park houses facilities for producing manufactured homes, fabricating security systems and bars, storing electronic and sporting equipment, conducting sales, and a variety of other activities, with a total employment of about 100 persons. Interstate 10 lies between the industrial park and the Midway Community to the south. The Midway Terminal driveway will be located just south of the entrance of St. Johns Church Road onto County Road 159 and just north of the property of Orval Pettis who both resides and conducts a small used automobile storage, sales and repair operation at his property. Approximately 17 homes are located on St. Johns Church Road, which is an unpaved dead-end road running north of the site. Two churches, one built almost 100 years ago, are also located northeast of the terminal site. To the east of the proposed terminal tract are two or three cemetery sites, one of which may qualify for placement in the National Register of Historic Places. The Northwest Florida Water Management District offices are located on U.S. 90 southwest of the site; and the Lake Yvette subdivision with approximately 27 homes and 85 lots, is located to the northwest of the site. The terminal site is not visible from homes in Lake Yvette, and residents of Lake Yvette enter their subdivision from U.S. 90 at a point some distance northwest of County Road 159. In general; the unzoned area within one mile of the proposed terminal site is rural in character, but contains a scattered mixture of industrial; institutional; forestry, agricultural, mining and residential uses. After reviewing about twenty other alternative sites in four different counties, Transgulf chose the subject site based upon considerations of environmental sensitivity, development patterns; traffic; market access, soil suitability and local land use regulations. The Midway site was determined to be superior to all other sites. Gadsden County has no zoning ordinance or future land use map or code applicable to the Midway area or the proposed terminal site. The Gadsden County Comprehensive Plan is one of policy and is not site-specific. The review of commercial and industrial proposals are done on a site-specific basis. Among the elements contained in the 1981 Gadsden County Comprehensive Plan are the clustering of commerce along existing communities and the four interchanges along Interstate 10, and the appropriation of at least 25 acres for industry. To this extent, the location of the terminal at the Midway site is consistent with the County's Comprehensive Plan. While the property immediately along County Road 159 is also suitable for residential development, there is presently a mixture of commercial, industrial, residential and other uses in the vicinity. Real estate in the area has a higher value per acre for commercial or industrial use than for residential use. While residential values of property immediately surrounding the site may suffer some decline, residential growth and values should not be affected beyond a quarter or half mile from the site if proper buffering and safety precautions are provided. It is possible that the Midway area, particularly along County Road 159, might in the future be the location of anticipated growth spilling over from the Tallahassee area. However, this is somewhat conjectural and the likelihood of higher-priced homes in that area would be somewhat inconsistent with the industrial commercial and mining uses already in existence in the general vicinity. There are no basic inconsistencies between the Midway Terminal proposal and the general policies embodied in the State Comprehensive Plan. Design and Operation of Proposed Terminal The Midway Terminal will be designed to comply with or exceed all applicable federal state, regional and local regulatory requirements and permitting programs; and national industry design codes and standards. Because the terminal, as well as the pipeline project as a whole, is capital intensive, involves multi-million dollar investments, and will handle valuable products, Transgulf feels that it has a natural incentive to design; construct; operate and maintain the Midway Terminal in an efficient, effective and reliable manner; using state-of-the art technology. In comparison to other petroleum terminal facilities, the proposed Midway facility will be relatively small. Its capacity of 350,000 barrels of petroleum products will be stored in 17 above-ground tanks, the largest of which will hold about 40,000 barrels. The terminal will have a daily loading capacity of approximately 15,000 barrels and no more than 8 truck loading bays. The facility will load approximately 75 trucks per day and be available for operation on a 24-hour per day, seven day per week basis, although actual truck loading will occur sporadically. The Midway Terminal, like the pipeline system as a whole, will be highly automated. Terminal and pipeline operations will be continuously monitored by a central operator from Transgulf's Central Florida Control Center in Winter Park, Florida through a redundant supervisory control and data acquisition (SCADA) system. Communication between the Central Florida Control Center and the Midway Terminal will occur via a privately owned satellite system (for computer and voice communications) with a back-up dial-up system (for computer and voice communication) and an additional back-up V.H.F. radio system (for voice communication). At the Midway Terminal location, a local computer system will control safety and operational functions through a programmable logic controller with standby mini-processor and will also control truck loading operations, billing and tank inventories through a local processing unit. A non-interruptible battery power supply will be installed to provide control power and lighting in the event of a general power failure. The estimated costs of the SCADA and communications systems are $6 million and $2.5 million respectively. In addition to the automated systems and the central operator, the facility will be manned during normal working hours, 8:00 a.m. to 5:00 p.m., five days a week, by a supervisor and two utility personnel. Also, one or more truck drivers will be on site during truck loading operations. Each employee will be trained in the operations, maintenance and safety equipment of the facility. All three employees will be required to live within 15 minutes of the Midway Terminal, and one such employee will be on call on evening and weekend periods. Personnel assigned to the Midway Terminal and other facilities will be subject to call-out duty whenever circumstances require. Petroleum products will travel through the pipeline in fungible or segregated batches at a maximum velocity of approximately 7 miles per hour. It will take a minimum-sized batch of 50,000 barrels approximately 3 1/2 half hours to pass the Midway Terminal. The batches will not be physically separated and some mixture; or "interface," of products will occur within the pipeline. By using fluorimeter, densitomer and metering techniques, Transgulf will be able to track the progress of batches traveling through the pipeline and take off desired quantities of unmixed product at the Midway Terminal, thus avoiding any need for handling product interface at the Midway Terminal. Product will enter the Midway Terminal through a locally computer- controlled draw valve where the product will be automatically sampled. The draw valve will have a back-up power source to allow closing in the event primary electrical power is lost. The product will then flow consecutively through a control valve, which will regulate pressure and flow conditions; a turbine meter facility, a meter prover equipped with a pulse counter and pressure and temperature transmitters; and finally, a manifold area, which will include a separate pipe header for gasoline and distillate where product will be directed into the appropriate tank. A surge pressure relief system will automatically prevent pipe from becoming overpressured. The facility will use steel welded piping for transporting petroleum products. It will be designed in accordance with the regulations of the Federal Department of Transportation and State Fire Marshal and national industry standards, including American National Standards Institute/American Society of Mechanical Engineers Standard for pressure piping. The terminal will be designed for operation at less than twenty percent of the specified minimum yield strength of the pipe. Below-ground piping will be used except at the manifold area, at the entry point to the tanks, and at the loading area. The below-ground piping will be externally coated and cathodically protected against corrosion. Gasoline-type products will be stored in tanks with sealed internal floating decks and fixed external roofs. The external roofs will be either steel cone or geodesic dome roofs. Oil or distillate-type products will be stored in fixed roof tanks. Tanks will be designed and constructed according to Federal Department of Transportation and State Fire Marshal regulations, and national industry standards including American Petroleum Institute Standard 650 ("Welded Steel Tanks for Oil Storage"). Tank exteriors will be painted, and tank bottoms will have an additional internal coating to a height of at least eighteen inches, along with cathodic protection against corrosion. To provide initial settlement and to confirm that each tank is properly constructed and does not leak; the following tests will be conducted before filling with product: (a) each tank will by hydrostatically tested through filling with water, a liquid heavier than any petroleum product to be stored; (b) external welds in the tank shell will be x-rayed to detect any flaws; and (c) each tank bottom will be vacuum tested. Tanks will be constructed on concrete ring wall foundations, which will surround a pad comprised of layers of asphaltic sand and clean structural sand. Also underlying the tanks will be an impervious layer of bentonite clay material; used in lieu of a liner in order to allow for cathodic protection of the tank bottoms. The tanks will be placed within diked areas capable of holding the volume of the largest tank within the impoundment plus the volume of water resulting from a three-day, 25-year storm. Should some of the tanks be grouped in a common diked area, individual tanks will be separated by intermediate dikes. The diked areas; other than under the tanks, will have an impervious high density polyethylene (HDPE) liner battened to the concrete tank foundations; and special liner boots will be used where piping protrudes through the liner. The tanks will be spaced at or in excess of the distances required under National Fire Protection Association (NFPA) Standard 30 and at least one tank diameter from the inside edge of the vegetated buffer area which will extend on Transgulf's property around the site perimeter. The diked areas will be slightly graded so that any water or product outside a tank will flow away from the tank toward an environmental tank dike drain. The diked areas Surrounding the tanks will also be used to contain tank overfills or spills, should they occur. Small quantities of water may be in the petroleum products when they arrive at the Midway Terminal. Due to the tank designs and the fact that water will be removed from the products at other upstream pipeline facilities, it is estimated that only 1,000 barrels of water per calendar quarter for the total facility will be in the products stored at Midway. Any water in a tank may be visually observed through a water level sight glass and periodically drained by manual valve from the tank (which operates as an initial oil-water separator), into a second oil-water separator outside the tank known as the environmental tank drain. Following a second visual observation of the environmental tank drain and the removal of any hydrocarbon sheen water will be released from the environmental tank drain to the floor of the diked area. Any free product or hydrocarbon sheen observed on the surface of the diked area will be removed using absorbent material vacuum pump or similar method. Further testing could be performed to detect the presence of hydrocarbons. While in the diked area, water will have the opportunity to evaporate and organic compounds which may have solubilized in the water will be allowed to volatilize below the level of detection. At the environmental tank dike drain any hydrocarbon sheen will be removed from the water prior to release of water to a grass drain swale on Transgulf's property outside the diked areas. Transgulf has committed to hold any water drawn from the tank bottoms within the diked areas for a minimum retention period of seven days prior to release through the environmental tank dike drain. This is an adequate period of time for any dissolved organic compounds to be removed through evaporation prior to discharge from the diked area. One major cause of fire at petroleum terminal facilities is a tank overfill. The following features will be installed at the Midway Terminal to prevent tank overfill: (a) a gauging and meter reading system with continuous read-out that automatically closes the draw valve from the pipeline and terminates delivery once the desired quantity is placed in the tank; (b) as a back-up to the gauging and meter reading system; each tank will have a high level alarm which alarms locally and at the Central Florida Control Center to indicate normal fill level has been reached; (c) each tank will also have a high-high level detection alarm and shutdown system that automatically will close the draw valve and terminate delivery if no action is taken after the high level alarm is triggered; and (d) each tank will have a second high-high level detection alarm and system that will activate automatic shutdown independently from the other high-high level detection and alarm system. In addition, tanks will have hood deflectors rather than open screened vent outlets to prevent spraying of product should an overfill occur. Finally, combustible gas monitors will be available for use at the tanks to detect vapors from any product present in the diked areas due to an overfill. The Midway Terminal will have a self-contained system for fighting tank fires. Each tank will have automatic fire detection sensors and an automatic fixed foam system that is mounted on the tank shell and designed for full surface involvement to handle any situation where an internal deck is damaged or sunk. The automatic foam system will be locally computer controlled; not remotely controlled, and not dependent on action at the Central Florida Control Center. The fixed foam system at each tank will be connected to a central foam proportioning unit. The Midway Terminal will have 1,000 gallons of foam on-site for initial use. In additions at least 3,000 additional gallons will normally be kept on-site because the Midway Terminal, due to its central location, will hold foam reserve for the terminals Transgulf is constructing near Lucedale, Mississippi and Kissimmee, Florida, as well as for the Midway Terminal. As a further back-up to the automatic firefighting system at the tanks, the manifold area at the Midway Terminal will be equipped with portable, mobile foam cannons sized to the tanks that will be at the facility, along with additional hoses with foam nozzles. In the event of a tank fire, a local alarm will be enunciated at the Midway Terminal control room and a remote alarm will be transmitted to the Central Florida Control Center operator. As an additional firefighting technique, local personnel or the Central Florida operator will be able to initiate a preprogrammed pumping out of the contents of the affected tank into another tank or into the pipeline using the reinjection pump that will be located at the Midway Terminal. The largest tanks when full, could be emptied in a maximum of eight hours. The principal source of any water for use at the terminal in proportioning foamy cooling tanks or for other firefighting purposes will be the facility's retention pond. Transgulf will maintain the water supply in the retention pond to provide at least the quantity of water required for foam proportioning purposes under NFPA Standard 11, plus the amount that might be used for tank cooling purposes during an eight-hour tank fire. This translates to at least one million gallons of water in the retention pond for firefighting purposes. The retention pond will also be sized to contain a one in ten year storm, which is estimated to require approximately 0.7 million additional gallons; for a total retention pond capacity of at least 1.7 million gallons. It is estimated that the retention pond will be approximately five feet deep with a surface area of approximately 1.2 to 1.5 acres. Discharges from the pond will occur on an infrequent basis of about four or five times per year, at most, and the discharge will be from a point at least 50 feet within the site boundaries to a drainage swale. While Transgulf does not intend to rely on other sources of water, additional supplies could be obtained from fire trucks, the facility's well, and possibly from the local water main system which is expected to extend north of U.S. 90 on County Road 159. The well at the Midway Terminal will normally have a pump with a 35 to 40 gallon per minute (g.p.m.) capacity, but in an emergency, a 100 g.p.m. pump like that which will be used in the initial filling of the retention pond could be utilized. It is estimated that it would take approximately 10-11 days to fill the retention pond with 1.7 million gallons of water using a 100 g.p.m. pump. The water supply will be distributed using a buried and constantly pressurized water main and hydrant system and arranged to provide full coverage at the facility including all tank surfaces and the loading and manifold areas. Two fire water pumps will be installed with 100 percent redundant capacity and separate power sources. Mounted or portable water spray monitors will be provided for tank cooling purposes. In addition, hose reels, spare hoses, nozzles and a small hose house will be maintained on-site. The Midway Terminal will have limited access from County Road 159 and Security lighting and fencing. Entry into the facility will require a computer- read driver identification card. Drivers will be trained in facility operations, rules and emergency procedures prior to obtaining authorization to use the facility. Each truck will receive an annual governmental safety inspection from the Florida Department of Agriculture, an annual vapor tightness test required under 40 CFR Part 60, Subpart xx Section 60.505, and an annual Transgulf inspection to assure compatibility with Midway Terminal requirements, such as brake interlocks. As with many modern terminal facilities in the United States, the truck loading process at the Midway Terminal will be computer-controlled and driver-operated. In order to load, the driver will be required to undertake several precautionary Steps and activities. The truck engine, ignition switch and all electrical equipment; such as lights and radios, must be shut off; the truck must be visually inspected; and grounding, brake-interlocking, vapor recovery, overfill prevention, and bottom loading connections must be made and checked. Product loading, which is initiated by a start button, cannot commence until all safety connections are made and the desired product volume is verified by the computer and pre-set into the meter. The meter will have an automatic set stop counter to shut down the pump and close the valves when the volume is received. Overfill will also be prevented by a high level device, either float- type or optical, which will automatically disengage the electrical connection and shut down the pump, and by a flow connection to the vapor recovery system where a flow switch also will actuate automatic shutdown. Leak of product will be further avoided through the use of dry-break coupling connections for the vapor recovery and product loading hoses, preventing the connections from being disengaged unless loading valves are closed. In addition, a grounding detector will discontinue loading if the grounding cable is disconnected. Bottom-loading of the trucks will provide a completely closed product loading system to allow vapors to be collected through a vapor recovery system that will be installed at the loading area. The precise system to be utilized has not yet been selected. After the loading operation is complete and the various connections are disengaged, a truck will be driven toward the exit gate where the driver will receive a computer printout designating the amount of product received. It is anticipated that a truck will typically be at the terminal for approximately 25- 30 minutes. Like the tanks, the truck loading area will have an automatic fire protection system. Each loading bay will be equipped with a combustible gas monitor which will activate an alarm and automatically close down operations if any significant amount of combustible gas is detected. Each bay will also have a system of fire detectors that will trigger automatic injection of dry chemical or foam from the top and the base of the bay if a flame is detected and that will initiate a local alarm and an alarm at the Central Florida Control Center. If a fire occurs at the rack, the system will automatically stop all loading pumps and close all valves. Portable fire extinguishers, fire blankets, large two-wheeled extinguishers and hose reels will also be provided at the loading area, as well as manual emergency shut-down Switches, an emergency shower and an eye wash sink. The loading area will be canopied, paved in concrete and curbed to drain into a water separation system similar in principle to the system that will be installed for tank bottom water separation. The manifold area; which will have an underlying layer of bentonite clay material; will also drain into this system. The system will have three separate water separation phases. It will consist of an oil/water separator sized to contain the contents of one tank truck, followed by a settling pond, which will in turn be followed by the retention pond that will contain water for firefighting purposes. Each phase will be connected by hard pipe and will be designed so that any floating hydrocarbons are trapped and will not flow with the effluent water to the next phase or to the drain swale. Like the diked areas, settling and retention ponds will be imperviously lined with HDPE. Any hydrocarbon sheen on the Settling and retention ponds will be removed as needed by absorbents, pumping or a similar method. The Midway Terminal will have a small office building to house the local computer system, laboratory equipment, restrooms and other miscellaneous facilities. The terminal will require a small septic tank and drainfield that must be approved by the Gadsden County Health Department. The terminal will also have a well approximately six inches in diameter for routine use at the facility and the initial filling of the retention pond. Geotechnical analysis of blow counts and split spoon soil samples obtained during the boring of 4 wells at the proposed facility site, together with related information, indicates that the soils are very Strong and dense with low plasticity, to a depth of at least 40 feet and, accordingly, well- suited to the construction of the proposed facility using standard foundation construction. Additional soil sampling will be performed prior to actual construction and less suitable soils, if found, can be replaced. Environmental Concerns The proposed Midway Terminal site is not located in any area of critical state concern and has no wetlands or other areas of unusual environmental sensitivity. The proposed site does not lie in a flood-prone area. The property has little off-site surface water flow, due to excellent percolation in the upper soil layers. A depression beginning approximately fifty yards south of the southwest corner of the proposed site connects to an intermittent creek that carries any off-site surficial flow under U.S. 90 approximately 1/4 mile south of the site, then into Munroe Creek which flows from Lake Yvette. After approximately three miles, Munroe Creek discharges into the Little River, which after approximately three more miles flows into Lake Talquin. During construction, any exposed soils will be watered as necessary to minimize dust. Temporary dikes or berms using hay bales or other materials will be used as needed to filter any silted water prior to installment of the drainage system. Following construction of the Midway Terminal, surface water discharge offsite is not expected to exceed preconstruction levels. Under the conceptual plan for the Midway Terminal, approximately 39 percent of the facility site will be impervious. However, natural drainage patterns will be retained in unaltered areas, and any flow from altered areas will be allowed to sheet flow and percolate back into the ground in the swale and buffer areas. The redundant systems for oil-water separation, physical removal and containment with infrequent releases are reasonably predicted to meet the criterion of 5 parts per million of oils and greases prior to discharge from a tank dike drain or the retention pond. Given the holding time of at least seven days in tank diked areas, the low frequency of annual release from the lined retention pond, and the considerable surface areas provided by these systems, dissolved organic compounds such as benzene, xylene, toluene, and ED8, which are quite volatile, are reasonably expected based on relevant experience in other facilities to be found in concentrations approximating the level of detection or less prior to discharge. These are conservative analyses because they assume that the applicable State standards of 5 ppm for oils and greases (surface water), 1 ppb for benzene (drinking water), and .02 ppb for EDB (drinking water) apply at the point of release, not after a mixing zone within surface waters or after a zone of discharge with groundwaters. They are also conservative with respect to volatilization of organic hydrocarbons because volatilization would be faster under conditions of heavy rainfall, warmer temperatures, or high winds. Transgulf has committed to installing a groundwater monitoring system. A monitoring well system will be designed in accordance with state and federal regulations and tailored to the site so that wells will be placed in close proximity to potential source areas at multiple depths, and covering all boundaries of the site, including up gradient. The impermeable HDPE liners in tank diked areas and settling and retention ponds, along with concrete at the loading area; and bentonite clay under the tanks and at the manifold area will provide significant safeguards against groundwater contamination from routine water release, accidental spill or leak. If contaminated wastewater were released or if an accidental spill or leak were to occur in an unlined area, there is little likelihood of an adverse impact to any Significant groundwater resource because of natural geological conditions at the proposed site. The Midway Terminal site lies over a layer of low permeability Fullers earth type clay ranging in thickness from approximately 16 to 30 feet and beginning at approximately 30 to 65 feet below land surface. Above the Fullers earth lies a highly localized shallow aquifer and below lies the low yielding Hawthorn carbonate aquifer which rests on a layer of low permeability Hawthorn confining material approximately 90 feet thick. The Floridan aquifer, the only regionally important aquifer underlying the site, lies below the Fullers earth and Hawthorne confining layers beginning at a depth of approximately 200 feet and continuing to a depth of approximately 350 feet. If a considerable amount of petroleum product were released onto a pervious surface at the site, contact with even the initial Fullers earth confining layer would be unlikely because the product would tend to float in an effectively quiescent stage atop the slow moving surficial aquifers where dilution, volatilization absorption and biodegration would occur. Nevertheless, assuming pure gasoline came in contact with Fullers earthy due to the confining Fullers earth and Hawthorn formations, it would take on the order of 1,000 years for any hydrocarbon to reach the Floridan aquifer, and dilution alone would reduce benzene to levels at least 100 times below the groundwater standards of one ppb. Transgulf's plans for a monitoring well system designed to provide early leak detection would allow remedial steps to be taken before the occurrence of any off-site impact. In addition, an appreciable clay content of the soil below a depth of approximately 5 feet would delay wastewater from reaching the surficial water table at a depth of approximately 10 feet and allow natural mitigation. All site-specific evidence indicates that surface water and groundwater flows at the proposed terminal site are toward the west and southwest away from the Dover catfish ponds to the east and southeast, residences and churches to the north and Lake Yvette to the northwest. Surface water and shallow groundwater flowing from the terminal site to the west and southwest would be intercepted by the existing natural depression in that area and drain away from the Northwest Florida Water Management District facilities in a south and southwesterly direction to the intermittent creek. Data gathered from test well-drilling experience at the Northwest Florida Management District site indicate that any drawdown resulting from pumping at Transgulf's Midway Terminal will be quite limited in duration and scope and will have no adverse impact on either quantity or quality of water Lake Yvette. Nor will the installation of approximately 20 acres available at the Water Management District or to residents of impervious surface at the Midway terminal adversely affect local water Supplies because (a) releases to Swales will percolate; (b) 20 acres are only a small percentage of the surface area draining to the depression southwest of the site and an even smaller percentage of the Little River basin; (c) the Transgulf Site is not a recharge area for local residents who might have shallow wells; and (d) Dover's catfish ponds are located in a different drainage basin, with County Road 159 as the watershed divide. The Florida Department of Environmental Regulation (DER) has issued Transgulf an air permit authorizing construction of the Midway Terminal. In its most recent extension of the permit to July 1, 1988, the DER required Transgulf to submit, at least 30 days prior to the start of construction, its plans specification and calculations for the pollution control equipment Selected for the truck loading facilities to demonstrate that applicable emission standards will be met. The Midway Terminal is not required to obtain a federal air quality permit because it will have less than 100 tons per year in hydrocarbon emissions and is therefore classified as a "minor source" under Environmental Protection Agency (EPA) regulations. Steps taken by Transgulf to minimize air quality impacts include the fixed roofs on all tanks and sealed internal floating decks on tanks holding volatile materials. These devices will prevent wind shears and the forming of vapors. The vapor recovery system selected for use at the truck loading racks will be designed to meet applicable federal emission standards. Due to the more central location of the Midway Terminal to the market area, emissions of hydrocarbon, carbon monoxide and nitrous oxides from trucks transporting petroleum products is predicted to be reduced. The Midway Terminal truck traffic emissions will amount to less than 1 percent of the projected background traffic emissions in the area. The terminal and associated trucks will result in a total of approximately 57 tons per year in emissions of volatile organic compounds (VOC). Approximately 54 tons per year would be attributable to the tanks and the loading racks, with fugitive emissions accounting for approximately 2.21 tons per year and trucks resulting in approximately one ton per year. This corresponds to the VOC emissions that would naturally result from approximately 1,149 acres of pine trees or 352 acres of oak trees. Local air quality impacts from the proposed facility will be minimal. Transgulf provided a classification of vegetative and wildlife species occurring at the proposed site. The vegetation on site is basically characteristic of the area and consists primarily of mixed hardwood forests and pine. No rare or endangered plants, nor any endangered or threatened wildlife species are known to occur on site. The terminal project will remove some habitat as part of the site is cleared; however, no significant impact on wildlife populations in the area is expected because a considerable amount of naturally vegetated area will remain around the site. Potential archaeological and historical resources at and near the proposed site were appropriately evaluated. Two archaeological sites exist within the vicinity of the terminal: Site 8Gd296, located on site, which is a Weeden Island habitation site (A.D. 200-A.D. 1,000) with no artifact concentration that is of National Register of Historic Places quality; and Site 8Gd108, which is an archaic lithic site located outside the terminal tract. A third site, 8Gd109, composed of two or three historic cemeteries and located outside and to the east of the proposed terminal tract may be eligible for National Register nomination, and, in any event, has importance to local residents. The cemeteries will not be destroyed as a result of the terminal :3 construction or operation; however a 100-foot buffer of natural woods will be maintained between the cemeteries and the proposed installation to provide a visual buffer. A chain link fence to be covered with prolific native Carolina jasmine and Cherokee rose, along with an irrigation system to Stimulate the rate of growth, will be placed inside a fifty-foot buffer adjoining the cemeteries; with an additional fifty-foot buffer inside the fence. This plan for the cemeteries is an appropriate mitigation concept. A fifty-foot buffer will also be retained at other boundaries of the proposed site to screen aesthetic impact. While the terminal itself will create no noise impacts on the local area, noise from the anticipated terminal traffic, approximately 150 tanker truck trips per days will have some impact upon homes and churches in the immediate vicinity of the terminal. Noise increases will occur; especially during truck accelerations, but the expected levels are substantially below the Florida Department of Transportation's criteria for sensitive receptors. Economic Impacts The Midway Terminal will be constructed in one phase and will require an average of approximately thirty persons over an estimated twelve month period of construction. The estimated payroll during construction is approximately $3.8 million. The payroll for the three permanent employees will be approximately $70,000 per year. The total improved value of the Midway Terminal facility and site is estimated at $10.7 million. The total improved value of other facilities Transgulf intends to place in Gadsden County if the Midway Terminal is approved is approximately $16.8 million, approximately $12.4 million of which will be expended on facilities that can be placed in counties other than Gadsden within the region. Thus, the total improved value of Transgulf's property in Gadsden County following approval of the Midway Terminal will be approximately $27.5 million. Gadsden County is a predominantly rural, revenue poor county. Many homeowners in the County pay no ad valorem taxes because the value of their homes is less than the homestead exemption cap. The County's per capita tax revenue, adjusted for inflation was $112 in 1979 but had fallen to $95 by 1984, representing a drop of 15 percent in the ability of the County to provide goods and services to the public. Transgulf's $10.7 million terminal investment alone would increase the County's ad valorem tax base by 4 percent, resulting in an approximately $4.56 per capita increase in tax revenue or a total of $167,600 to $199,700 per year depending on the applicable millage rate. Transgulf's discretionary investment; if made in Gadsden County, would more than double that amount, and its total potential investment, including the pipeline conversion; would produce annual Gadsden County tax revenues of $432,000 or greater. These revenues are significant because Gadsden County is at the ten-mill constitutional cap on ad valorem taxes and its total tax base grew at a rate less than half that of the State as a whole from 1979 to 1984. Nonresidential investment is also a more effective producer of net ad valorem tax revenues than residential development, because the latter is subject to the $25,000 homestead exemption and typically generates a greater demand for public services. There will be no negative impact on fire insurance availability on rates to homeowners if the proposed terminal is built at Midway. Petroleum products presently arrive to the 12-County market area by way of longer truck trips from Panama City, St. Marks, Jacksonville, and Bainbridge, Georgia. The average price of Liquid petroleum products within the market area is approximately 5 cents per gallon higher than the statewide average. Transgulf's Midway Terminal would be at the modal interface of major highway routes and the pipeline, as well as nearer the center of the market area. With increased competition, the price of petroleum products in the market area is likely to fall by 4.76 cents per gallon to approximately the statewide average. The resulting substantial savings to consumers in the region would be approximately $11 million per year. Because other means of transport could be expected to adjust prices to meet the increased competition, it is anticipated that few, if any, jobs will be displaced in the region. Local government might incur some cost in the event of a fire or other emergency at the proposed Midway Terminal. The closest fire department to the site are the Quincy Fire Department and the Havana Volunteer Fire Department, neither of which are trained or equipped for fighting petroleum fires. Even if they, or Tallahassee; should be called upon for aid or assistance; the Self- Sufficient fire prevention and fire fighting Capabilities of the Midway Terminal would minimize the governmental costs of such Services. Impact on Public Facilities Neither public water facilities nor public sewer facilities will be relied upon at the Midway Terminal. The demand for electricity at the terminal can readily be handled by Talquin Electric Cooperative, Inc. The amounts of domestic trash will be small and disposed of through a public landfill. Any residue removed from storage tanks will be returned to a refinery for reprocessing or appropriately disposed of at a permitted disposal facility. Monitoring, security lighting and fencing will be provided to protect the proposed facility. Public health care facilities are available in Gadsden and Leon Counties for providing any needed emergency medical treatment. General first aid will be provided on site. As noted above, the Midway Terminal will be designed, constructed and operated to place minimal reliance and burden on public firefighting facilities. The covered, floating roof Storage tanks remove the danger of lightning strikes or other ignition Sources. Fire risks from tank overfills, Should they occur, are minimized by graded dikes and combustible gas monitors. The truck loading area will have significant fire prevention features. If the redundant fire prevention systems were to fail, the automatic, Self-contained Systems at the tanks and loading areas are designed to effectively extinguish a fire. If the automatic devices are not triggered for some reason, the fixed fire fighting systems can be manually run without the need for further local firefighting equipment. A fifteen minute response time is not inadequate or inappropriate given the design and capabilities of this proposed terminal. Transgulf's design and self-sufficient approach to fire prevention and protection should enable it to control any potential fire on-site independent of local support. Transgulf is committed to provide fire safety training to local fire departments, its employees and truckers who utilize the facility; to develop detailed evacuation plans, and to enter mutual assistance agreements where helpful. Public Transportation Facilities Trucks using the Midway Terminal will enter County Road 159 at its intersection with U.S. 90, and will then travel north approximately three quarters of a mile down County Road 159 to the entrance of the terminal site. After loading, the trucks will exit into County Road 159 and travel south to the U.S. 90 intersection where they will turn either northeast or southwest onto U.S. 90 in order to distribute the petroleum products to the market area. Transgulf has agreed to provide, at its own costs, certain transportation improvements to County Road 159 to bring it from a second class to a first class road. These improvements include the repaving and widening of County Road 159 from the site entrance to U.S. 90 and the construction of acceleration and deceleration lanes at the site entrance. Transgulf has also agreed to the installation of a flashing beacon, advance warning and yield signs and geometric improvements to the intersection of County Road 159 and U.S. 90, warning signs on County Road 159 and a sign restricting truck traffic from using the roadway north of the site. In addition, Transgulf has committed to provide Orval Pettis, who resides and conducts his business south of the site but travels north across a portion of the site to County Road 159, a new driveway connecting his property to County Road 159, should he desire this improvement. Total truck mileage for the delivery of liquid petroleum products within the anticipated market area will actually decrease as a result of the Midway Terminal location, thus lessening the impact on public highways. With the improvement to County Road 159 agreed to be undertaken by Transgulf at its own expense, existing regional and local transportation facilities have the capacity to accommodate the volumes of truck traffic associated with the proposed terminal. Housing The proposed Midway Terminal should have no impact on either the temporary or permanent demand for housing in the area. Energy Resources The location of the liquid petroleum storage and loading facility at the proposed Site will ensure more adequate and reasonably priced gasoline and other energy supplies for the 12-county market area. Truck transportation from more distant, existing sources of supply will be reduced, thus conserving energy. Location of the terminal near the pipeline also minimizes the energy consumed in pumping. Further, the air pollution control equipment proposed for the facility will Significantly reduce vapor loss and save quantities of petroleum products.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Florida Land and Water Adjudicatory Commission enter a Final Order approving Transgulf's proposed liquid petroleum products storage and truck loading terminal near Midway, subject to the following conditions: In coordination with the Gadsden County Engineer and the Florida Department of Transportation; Transgulf shall make and bear the expense of the following road improvements: A flashing beacon at and the geometric improvement of the intersection of U.S. 90 and County Road 159, and advance warning and yield signs to that intersection; The reconstruction and widening of County Road 159 from Transgulf's driveway to U.S. 90, and tie construction of acceleration and deceleration lanes at the site entrance; The installation of warning signs alerting drivers of the site entrance, as well as a sign restricting truck traffic from using the roadway north of the site; and a driveway for Mr. Orval Pettis which provides him access to County Road 159 from his property, if he so desires. A fifty-foot buffer of trees shall be maintained around the entire perimeter of the site, with an additional fifty-foot buffer of trees adjacent to the cemetery sites. There shall be a distance of at least one storage tank diameter between any tank and the inside edge of the vegetative' buffer. Water withdrawn from tank bottoms shall be retained within the diked areas for a period of at least seven days prior to discharge. The retention pond shall be sized so as to hold at least 1.7 million gallons of water and located so as to ensure that any discharge occurs only from a point or points located at least 50 feet within the site boundaries. A reliable and site-specific groundwater monitoring system shall be installed in cooperation with the Department of Environmental Regulation so as to monitor all potential source areas at multiple depths and to cover all boundaries of the site. Each storage tank shall be surrounded by either an individual and separate dike or intermediate dikes within a diked area. The facility shall be finally designed, constructed and operated so as to provide a self-contained and self-sufficient fire prevention, fire detection and firefighting system. A detailed evacuation plan for the terminal facility and residents along St. Johns Church Road shall be developed in cooperation with local fire and law enforcement departments and Transgulf shall provide at is expense needed fire safety training to local fire departments and pursue the entering of mutual assistance agreements which may promote the safety of the terminal and the Surrounding areas. The approval granted by this Order is expressly conditioned upon and is of no force or effect until such time as, or at the end of three years from the date of the Final Order, whichever first occurs, Transgulf acquires legal ownership of the proposed Midway terminal site. Respectfully submitted and entered this 12th day of November, 1985, in Tallahassee, Florida. DIANE D. TREMOR 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 12th day of November, 1985. APPENDIX The proposed findings of fact submitted by the petitioner Transgulf Pipeline Company and the intervenor Henry Baker Dover have been accepted and incorporated in this Recommended Order, except as noted below: Transgulf 40. Rejected; irrelevant and immaterial. 43. Rejected; as irrelevant and immaterial. Dover Rejected; not supported by competent substantial evidence. Rejected; irrelevant and immaterial. 30-32. Rejected; not dispositive or material in light of Finding of Fact 41. 59. Rejected; contradicted by other competent substantial evidence. 64. Rejected; contradicted by other competent substantial evidence. 78-81. Rejected; irrelevant and immaterial and constitutes legal conclusions as opposed to factual findings. 90. Rejected; contradicted by other competent substantial evidence. 99. Rejected; not dispositive of any substantive issue in this proceeding. 102. Rejected in part as constituting a legal conclusion as opposed to a factual finding. 115. Rejected; contradicted by other competent substantial evidence. COPIES FURNISHED: Honorable Bob Graham Governor State of Florida The Capitol Tallahassee, Florida 32301 Honorable Jim Smith Attorney General State of Florida The Capitol Tallahassee, Florida 32301 Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, Florida 32301 Honorable Ralph Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Honorable Bill Gunter State Treasurer and Insurance Commissioner The Capitol Tallahassee, Florida 32301 Honorable Gerald Lewis Comptroller State of Florida The Capitol Tallahassee, Florida 32301 Gary P. Sams Peter C. Cunningham Steven A. Medina Hopping Boyd Green & Sams Post Office Box 6526 Tallahassee, Florida 32314 Joann G. Slay Harnett, Curry & Slay Post Office Box 391 Quincy, Florida 32351 Terry Cole Kenneth G. Oertel Oertel & Hoffrman 2700 Blair Stone Road Suite C Tallahassee, Florida 32301 Sally G. Munroe 107 South Bronough Street Tallahassee, Florida 32301 Marva A. Davis 229 East Washington Street Quincy, Florida 32351 =================================================================
