Findings Of Fact The City is an incorporated city within the State of Florida. The subject railroad crossing on South Caledonia Street is located within the city limits of Marianna. The DOT is the agency of state government which is charged with the regulation of railroad crossings, to include the determination of whether a crossing should be opened or closed. The CSX is the railroad company which owns the railroad and railroad crossing in question and which may have to pay a portion of the costs of any improvements to the crossing. South Caledonia Street is constructed along a section line and runs due south through Marianna connecting US 90, a major east-west arterial highway, with the southern portion of Marianna and its rural environs as it becomes Highway 73 at its intersection with Jefferson Street. See Railroad's Exhibit 1. South Caledonia Street, one of ten north-south streets which crosses the railroad within the limits of Marianna, is the only one which runs straight south over the tracks to Interstate 10. South Caledonia Street is one of the four streets which provides transit over the tracks in the eastern portion of Marianna. In order from east to west, Jefferson Street, Green Street, Caledonia or South Caledonia Street (the one in question), and West Caledonia Street run north and south and provide the principal links between US 90 and South Street, in the eastern portion of the City. South Street is a major east-west street in the southern part of the City. The other east-west roads south of US 90 are Jackson Street north of the railroad; Pearl Street running west from South Caledonia between the railroad and South Street; and unpaved Franklin Street running eastward immediately north of the railroad between Caledonia and Green Streets and running westward south of the railroad between Caledonia and West Caledonia Streets. South Caledonia and West Caledonia Streets are principally residential from South Street to one block south of the railroad tracks, and commercial north of the railroad tracks. DOT's Exhibit 1 is an annotated aerial photograph of this portion of the City showing the major roads named above and the daily traffic counts on them. In recent years, the railroad crossings on West Caledonia, Green, and Jefferson Streets have been upgraded to current standards. The crossing on Caledonia Street is not improved, and the street is in very poor condition between Jackson and Pearl Streets; however, planned resurfacing of the street has been delayed while this case is litigated because upgrading the crossing will require recontouring of Caledonia Street. The poor condition of Caledonia Street has reduced traffic on the street over the railroad and has caused the existing traffic to go slower. There has never been a train-car accident at the South Caledonia Street crossing. Recontouring Caledonia Street at the railroad crossing will eliminate or reduce access to A.B. Williams Concrete and Block Company from Caledonia Street; however, there is access to the company from Green Street. The owner supports keeping the crossing open even if it restricts access to his business. Recontouring Caledonia Street would make it feasible for heavy trucks to move over the crossing on South Caledonia Street which is Highway 73 south of its intersection with Jefferson Street. Currently, the majority of the heavy truck traffic is using West Caledonia to move south and turning left on South Street to come back to Caledonia Street and out Highway 73. The intersection of West Caledonia and South Street is not well suited for such traffic. It will cost at least $250,000 to upgrade the existing crossing. It costs $612 each year to maintain the upgraded crossing. Letting the crossing remain open will have no effect on the operations of the railroad. There was no evidence presented on the costs of paving Franklin Street or the unpaved portions of the railroad right-of-way to enable traffic stopped at the railroad to move east and west north of the tracks or westward south of the tracks. There is no available route eastward south of the tracks. No evidence on the traffic count over the crossing was presented. The DOT did not take a traffic count over the crossing. If the closure of the South Caledonia Street crossing increases the traffic on Jefferson Street, currently 4,000 vehicles per day, to 5,000 vehicles per day, the Jefferson Street crossing will have to be upgraded to have bells, lights and gates. A significant increase in traffic count on Jefferson Street is possible given the current use rate of Caledonia Street north and south of the railroad, which is known. No evidence was presented on the cost of upgrading the Jefferson Street crossing. Caledonia Street is not used by emergency vehicles or school buses, and there are viable alternatives for emergency vehicles to cross the railroad tracks if this crossing were eliminated. However, closing this crossing will create a cul-de-sac north and south of the existing crossing on Caledonia Street because of the absence of paved east-west through streets. As indicated above, it will be very inconvenient and costly to create east-west links to eliminate these cul-de-sacs. In spite of the poor condition of the crossing and the road surface and the availability of alternatives, Caledonia Street carries more traffic than does Green Street which has had its crossing upgraded. Caledonia Street, upon which the subject crossing is located, is the only straight north-south route from US 90 to Highway 73. The preservation of this route for the future must be considered.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED that CSX, Inc.'s Petition to close the public vehicular crossing on Caledonia Street in Marianna, Florida, be denied, and said crossing be kept open. DONE AND ORDERED this 14th day of November, 1989, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 14th day of November, 1989. COPIES FURNISHED: Mr. Ben C. Watts Interim Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Thomas H. Bateman, III, Esquire General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32399-0450 Michael D. Mee, Esquire Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 Stephen H. Shook, Esquire 500 Water Street Jacksonville, Florida 32202 Herman D. Laramore, Esquire Post Office Box 793 Marianna, Florida 32446 ================================================================= AGENCY REMAND ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION AND CSX TRANSPORTATION, INC., Petitioners, vs. DOAH CASE NO. 89-3557 CITY OF MARIANNA, Respondent. / ORDER REMANDING CAUSE FOR RECONSIDERATION The Recommended Order was issued in this cause on November 14, 1989. On December 4, 1989, the Department of Transportation filed Agency's Exceptions to Recommended Order, copy of which is attached. A review of the complete record has been made. The Department of Transportation remands the instant cause to Stephen F. Dean, Hearing Officer, Division of Administrative Hearings, for reconsideration based on the following: The Recommended Order states in Finding of Fact Number 9 that the closure or the South Caledonia Street crossing would increase the traffic on Jefferson Street resulting in one upgrading of the Jefferson Street crossing by the addition of bells, lights and gates. The finding is not supported by competent substantial evidence in the record. At the hearing below, testimony was adduced that the Jefferson Street crossing has already been upgraded with bells, lights and gates. (Transcript pages 99 - 100) Since the Hearing Officer relied, in part, upon this incorrect factual determination, the case is remanded to the Hearing Officer for reconsideration pursuant to the facts as corrected. Accordingly, IT IS ORDERED that the instant cause is remanded, for twenty days following receipt of this Order, to Stephen F. Dean, Hearing Officer, Division of Administrative Hearings for reconsideration. DONE AND ORDERED, this 21st day of December, 1989. BEN G. WATTS, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 COPIES FURNISHED: Stephen H. Shook, Esquire 500 Water Street Jacksonville, Florida 32202 Herman D. Laramore, Esquire Post Office Box 793 Marianna Florida 32446 Michael D. Mee Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0458 ================================================================= ORDER ON REMAND =================================================================
Findings Of Fact The petitioners are in the process of constructing a rural connector road between State Road 11 and U. S. Highway 1 in Flagler County. This is to be a two-lane twenty (20) foot wide pavement secondary road with the right-of-way acquisition and construction costs being provided by secondary gasoline tax funds allocated to Flagler County. The county has provided the necessary rights-of-way for the project. The project, as designed, provides for a realignment of the existing road to afford a straight approach to its connection with U. S. Highway 1. This realignment will eliminate the existing railroad crossing that is presently signalized with passive signalization consisting of standard cross-buck signs. The closing of the crossing will also eliminate a hazardous condition due to the sharp angles involved in the highway alignment at the present crossing. The proposed crossing is to be approximately 600 feet north of the existing crossing. Provision has been allowed for ingress and egress to individuals living in the area. The proposed crossing will intersect with the railroad tracks almost perpendicularly. The railroad, at this location, consists of a single track. There are sixteen (16) freight trains scheduled per day with a maximum speed of 60 miles per hour. In the vicinity of the proposed crossing the railroad track is straight. There is a curve in the track approximately 700 feet north from the proposed crossing. As a part of the proposed crossing there is to be Type II signalization installed consisting of a train-activated cantilevered flashing lights and ringing bells. These cantilevered signals are to be mounted on roadside posts which will allow maximum shoulder clearance for a fixed object in accordance with current practice and still provide for two (2) flashing lights suspended directly over each driving lane. Traffic studies conducted by the Planning Section of the Department of Transportation reflect that at present approximately 87 vehicles per day use the existing crossing. It is anticipated that 100 vehicles per day will use the proposed crossing when it is opened and projections estimate that in twenty (20) years approximately 400 vehicles per day will use the crossing. State Road S-304 is not used as a school bus route at this time nor is it anticipated that this road will be used for school buses in the foreseeable future. Permits to open and to close the crossing as applied for should be granted.
The Issue Whether Respondent Department of Transportation (DOT) may lawfully issue a permit authorizing Florida East Coast Railway (FEC) to close the railroad-highway grade crossing (the Crossing) located at Landon Avenue in Jacksonville, Florida.
Findings Of Fact On July 14, 2002, McLaughlin filed an application with DOT for closure of the Crossing located in Jacksonville. Subsequently, on November 13, 2004, DOT issued a Notice of Intent to Issue a Permit (Notice) to authorize the closure of the Crossing. On December 8, 2004, Jacksonville timely filed a petition challenging the proposed granting of the permit and these proceedings ensued. DOT’s closure program conducts studies on over 3700 public highway-rail grade crossings and creates an inventory to determine crossings that could use improvement for safety reasons and for determining crossing closure. Florida Administrative Code Rule 14-57.012 outlines the standards for opening and closing of railroad-highway grade crossings. Florida Administrative Code Rule 14-57.012(2) states that: [T]he Department will accept applications for the opening and closing of public railroad-highway grade crossing from the governmental entity that has jurisdiction over the public street or highway, any railroad operating trains through the crossing . . . The Department, on behalf of the State of Florida, will also open or close public railroad-highway grade crossings in accordance with the criteria set forth herein. Closure applications will also be accepted from individual citizens or groups, such as neighborhood associations. Opening or closure of public railroad- highway grade crossings shall be based upon Notices of Intent issued by the Department, administrative hearings conducted pursuant to Chapter 120, Florida Statutes, or upon a Stipulation of the Parties executed by any applicant, governmental entity, the appropriate railroad, and the Department . . . If the applicant chooses to pursue the opening or closure of the public railroad- highway crossing, the railroad and governmental entity having jurisdiction at the location are notified and provided a copy of the application. The governmental entity should provide a public forum for community involvement and contact affected individuals or groups to obtain input on impacts to the community . . . . The criteria for closing include safety, necessity for rail and vehicle traffic, alternative routes, effect on rail operations and expenses, excessive restriction to emergency type vehicles resulting from closure, design of the grade crossing and road approaches, and the presence of multiple tracks and their effect upon railroad and highway operations. The criteria for opening are the same except for the excessive restriction to emergency type vehicles. Through an initiative from the Federal Railway Administration (FRA), and the Federal Highway Administration (FHWA) to decrease the number of at-grade railroad crossings by 25 percent, DOT has made a conserted effort to close or consolidate, redundant, unsafe, and unnecessary crossings. Crossing closure presents substantial benefit, inclusive of a decrease in the funding and liability for the city and railroad, which in turn can reroute the funding to improve other transportation routes in the area, and most of all increase the safety to the traveling public because there are fewer intersections where cars and trains can collide. Janice Bordelon, DOT’s Rail Specialist oversees the openings and closings of all public highway-rail grade crossings throughout the State of Florida. Bordelon received McLaughlin’s application for closure on July 14, 2002. On August 14, 2002, she sent a copy of the application to Chief Ray Alfred, Jacksonville Fire Department; Mr. Lynn Westbrook, Jacksonville Public Works Department; Mr. Fred Kyle, Chief of Jacksonville Traffic Engineering Division; Mr. Charles A. Stone, Director of Engineering services for Florida East Coast Railway; and Principal Carole Benson, Landon Middle School. In addition, she visited the site on at least nine occasions where she met with the community, with Jacksonville’s officials, with the school and school board, and participated in meetings of Jacksonville’s safety, transportation and finance committees. Bordelon requested input from Jacksonville officials and gathered information from a variety of sources and eventually moved forward in working with Landon Avenue Residents and the professionals from Jacksonville to get to a Stipulation of Parties that would result in closure of the Crossing. In this process, Bordelon compiled a Closure Application Analysis applying all the Rule criteria to the Crossing. Once the analysis was complied, she provided it to Jacksonville officials, the district Jacksonville councilman, the applicant, and the School Board. The Stipulation of Parties was eventually withdrawn and Bordelon issued a Notice of Intent substantially adopting the closure analysis she had done earlier. The Notice of Intent concluded through findings of fact and conclusions of law that the application to close the crossing at Landon Avenue met the requirements of the Florida Administrative Code criteria. In summary, Bordelon found that the Crossing was located on a blind curve, was an elevated crossing with low traffic volume, close to alternatives routes, and was unsafe, unnecessary, and redundant. The closure of the Crossing effectuates DOT’s policy of promoting improved safety at railroad crossings by eliminating chances where a train and car can collide. Landon Avenue is located in the northeast part of the San Marco neighborhood across the St. Johns River from Jacksonville’s downtown in the core of the original city area. Jacksonville’s public works department maintains Landon Avenue. On both sides of the Crossing, Landon Avenue is a two-lane road with no sidewalks and would not meet Jacksonville’s construction standards if it were built today. Landon Avenue is a narrow (20 feet wide) city street that begins at Kings Avenue and runs west past the north-south streets of Faragut Place, Dewey Place and Perry Place, all of which have direct access to Atlantic Boulevard. Landon Avenue makes a southwesterly turn and then crosses two railroad tracks. On the western side of the railroad tracks Landon Avenue passes Arcadia Place, Minerva Avenue (a one-way south street), Thacker Avenue (a one-way north street) all with access to and from Atlantic Boulevard. Landon Avenue continues west and runs through Hendricks Avenue and ends at River Road. G. Rex Nicholson, qualified as an expert witness in forensic engineering, rail safety and design, as well as highway safety and design, agreed with DOT’s rail specialist Jan Bordelon and opined that the Crossing is unsafe, unnecessary and redundant because it is located on a residential street, has low traffic volume, is a non-necessity for travel, and is relatively close to alternatives routes. He indicated that the first step in the analysis of a crossing closure is whether a grade separation (bridge for either automobiles or trains) is feasible. In this instance, such an alternative is not available. Additionally, active safety measures of four- quadrant gates could not be installed at Landon Avenue due to the need for the installation of a non-mountable median and the lack of right-of-way. The expert testimony of Nicholson that grade separation is not feasible, and that only way to improve safety at the Crossing is to proceed with closure, is un- rebutted. Nicholson’s testimony further establishes that Landon Avenue is also a safety risk because street parking narrows the 20-foot wide Landon Avenue. After safety, the second applicable criterion is the need for traffic. Testimony and data indicates that the necessity for vehicle traffic on Landon Avenue is minimal. There is an Average Daily Traffic (ADT) of 1473 vehicles a day that use the crossing. Another study by DOT approximates the Average Daily Traffic to be 1841. These are both considered low traffic counts. It is rare for residents of Landon Avenue to have a destination on the immediate other side of the crossing. The main travel use for Landon Avenue is as a “cut through” by non- residents to more distant areas and to beat train traffic. The third applicable criterion to Landon Avenue is whether the closing constitutes an excessive restriction to the transportation of emergency type vehicles. Nicholson and Bordelon found that closing Landon Avenue would not create an excessive restriction to emergency type vehicles. Landon Avenue is a tree-lined, residential street only 20 feet wide with a blind turn as the street approaches the track from the East. It is not a main road. Residents park in the street, and Jacksonville has proposed traffic-calming devices on the street. Landon Avenue is not a road that is conducive to emergency type vehicles. For the same reasons the road is unsafe for speeding impatient motorists, it is unsafe for an emergency vehicle cut-through. As the majority of the Petitioner’s case against closure revolved around the restriction to emergency vehicles, that issue is further addressed below. The next applicable criterion for closure is the approach of the road to the Crossing. The design of the road approach of Landon Avenue creates a safety hazard. As Landon Avenue approaches the track heading west, from Kings Road, the road turns to the southwest immediately before the Crossing to create a blind corner where vehicles are unable to see an approaching train. As Landon Avenue approaches the crossing heading east, from Hendricks Avenue, the view of the tracks to the north is obstructed by a building and plants. These obstructions make it very difficult for a speeding motorist to see an approaching train. The Crossing at Landon Avenue meets DOT and FRA initiatives for closure. It is not an arterial road, is used by high risk motorists, and is a safety risk for train-car collisions. Closure of the Crossing will effectuate the policy of improved safety at railroad crossings by eliminating the chance for train and car collisions. The Crossing is a public at-grade railroad crossing, designated by DOT as Crossing No. 271815X. It consists of two mainline tracks, a northbound mainline and southbound mainline that transport approximately 26 trains a day through the Crossing. In addition to FEC, Norfolk Southern Railway and CSX, also both class one railroads, operate trains over the Crossing. Present signalization at the Crossing consists of cantilevered flashing lights and gates; and reflective cross bucks. Safety is the first criterion in closure analysis. The Crossing is located at Railroad Mile Post 1.45, just south of a banked curve in the double tracks that makes it a “blind turn” for the conductor and engineer of a southbound train. Jerry Hall, Sr., FEC’s director of claims, narrated a video in evidence in this proceeding that further corroborates the train operators’ vantage point and demonstrates how the combination of double tracks and lack of site distance in the super-elevated banked curve create a safety hazard at the Crossing. One accident occurred at the Crossing when a train collided with a car, even though the standard cross bucks, lights and bells were operating. The train’s headlight was working and on, the train’s bell was working and the proper whistle signals were blown at the time of the accident; however, the train could not stop in time. The curve in the tracks delays the time a train operator has to avoid a collision with a car at the Crossing. Over 50 percent of train-car collisions result from cars avoiding passive devices and crossing tracks regardless. Accidents at railroad crossings often occur because the road hump over the track serves as a launching ramp for thrill seekers traveling through such intersections with trains at a high speed. This specifically occurs because a speeding automobile’s front wheels lift off the ground and the vehicle continues in the direction it was last going. When motorists sue over accidents in these situations, it is the municipalities or governmental entities with jurisdiction over the road that are usually held responsible. The Crossing is a perfect candidate for this type of accident. Further, the Crossing is a present safety concern for residents of Landon Avenue because it is used by cars and motorcycles as a ramp to “get air” in conjunction with such motorists speeding through the neighborhood to avoid traffic from other Jacksonville streets caused frequently by trains at other nearby intersections. In this regard, Residents saw a filming crew documenting motorcycles jumping the Crossing. They also have witnessed some individuals turn their bikes and vehicles around and repeatedly jump the Crossing. In addition to the accident noted above, Landon Avenue residents testified that there have been several near-miss incidents at the Crossing, including an unreported accident in which a speeding car hit a Landon Avenue girl. The next criterion in the closure analysis is whether there are alternative routes available. The Crossing is located in a residential area near six crossings within one mile of track. The next crossing to the north is located at 1/4 of a mile at four-lane Hendricks Avenue and the next crossing to the south is 1/5th of a mile or 900 feet at four-lane Atlantic Boulevard. These main artery roads, along with Kings Road, allow for easy access to both sides of the Crossing. Closure of the Crossing would disperse traffic onto three different roads: Atlantic Boulevard, Hendricks Avenue and Kings Road. Regardless of the index ratings for these roads, DOT’s goal of eliminating the interaction of vehicular traffic with rail traffic would be accomplished. Hendricks Avenue and Atlantic Boulevard are both four-lane main artery roads. These are safer roads, with non-elevated crossings, that have good sight distance for both train operators and motorists. Motorists do not go around the gates at a four-lane road as often as they do on a two-lane residential street. It would enhance safety to have traffic crossing the railroad tracks at Hendricks Avenue and Atlantic Boulevard rather than at Landon. Additionally, traffic safety would be enhanced by diversion of traffic to Hendricks Avenue and Atlantic Boulevard, thus eliminating one place where a vehicle and a train can try to occupy the same space at the same time and lessening the probability of a collision; logic shared, incidentally, with the United States Federal Government program named “Gradec,” that supports traffic safety enhancement through closure of rail crossings. The next criterion in the closure analysis examines how the closure would affect rail operations and expenses. The closure of the Crossing would decrease operating expenses for FEC and Jacksonville. The cost of maintaining the signal equipment and proper maintenance of the crossing would be avoided. The substantial savings realized by Jacksonville would include savings of $70,000.00 due to rehabilitation of the Crossing that is necessary every six or seven years. Further, FEC and Jacksonville liability and the associated litigation costs exposure would diminish. A criterion in the closure analysis examines the design of the crossing and the road approach. As previously noted, the design of the Crossing and road approach creates an unsafe condition because of the super-elevated nature of the tracks, and the Crossing. There are gouge marks in the pavement at the point of street and rail intersection at the Crossing where the undercarriages of vehicles have scraped against the pavement due to the elevation from the grade of Landon Avenue to the elevated area of the track location. To eliminate the elevated nature of the Crossing, the road approach would have to be raised to the level of the Crossing. Since the rail tracks are banked at a “super-elevated curve” this would be a difficult task. The next criterion examines the presence of multiple tracks and its effect on operations. The presence of multiple tracks and their effect on the railroad and highway operations increase the safety risk at the Crossing. Testimony of Landon Avenue residents and the FEC Claims Director establish that motorists go around the gates at the Crossing. Motorists expect that when one train passes the gates will immediately lift up and allow their vehicles to cross. When two tracks are involved, impatient motorists often misunderstand that there can be two trains coming from different directions at almost the same time. This is especially true where there is a blind corner and two quadrant gates. An impatient driver, unaware of the double track, may easily go around the gate and be caught off guard by the second train. Double tracks also increase the risk of accidents because the train operator of a several ton train doing 25 miles per hour on the southbound mainline has only 457 to 522 feet to avoid a collision with an impatient driver at the Crossing. This is not enough time to stop a locomotive engine, or a train. Closing the Crossing would save the railroad and Jacksonville operating expenses of maintaining the railroad while enhancing safety and achieving DOT’s goal of reducing the probability of a train-automobile collision. In 2000, McLaughlin inquired with DOT about closing the Crossing. He then consulted with Jacksonville. Jacksonville set up a formal meeting with the Lorin Mock, Jacksonville Fire Department; Jim Suber, Jacksonville Police Department; and the Jacksonville councilman who was the district representative at that time. At that meeting, the Jacksonville professional representatives acknowledged that there were no major problems with the closure of the crossing. The councilman at the time did not follow up on sending out letters to request community input. In July 2002, after a period of inactivity regarding the Crossing’s closure and after discovering DOT had authority to close the Crossing, McLaughlin filed an application with DOT for closure. City officials had no problem with closure of the Crossing, and the School Board Chairperson had no difficulty with such closure. A Stipulation of Parties for the closure of the Crossing was drafted and introduced to the City Council by Councilman Art Shad. The proposal was discussed at length before the City Council’s Transportation Committee, which Bordelon attended on behalf of DOT. The legislation to close the Crossing was then submitted to the City Council, but before a vote could be obtained the legislation was withdrawn and Jacksonville decided to oppose the closure. As established by testimony of the Director of Public Works, the withdrawal of the Stipulation of Parties was based on politics, not on any factual findings or meaningful opposition from any Jacksonville professional employee. Considering that a school bus is not an “emergency response type vehicle” the closure analysis regarding the bus goes to the criteria of safety, alternative routes, and effect on operations. There are 14 buses in the morning that come to Landon Middle School, and 16 buses in the afternoon that come to the school. These buses could use Arcadia Place or Hendricks Avenue or some other combination to cross the tracks and exit and enter the school. Additionally, buses stack up on Landon Avenue while waiting for the children which could possibly result in a train-school bus collision which, as established by testimony of David Solomon, an employee of the Duval County School, would be “the worst nightmare an organization can have.” The Duval County School Board had previously addressed the closure of the Crossing and indicated approval prior to Jacksonville’s reversal and decision to oppose that action. Kris Barnes, the Duval County School Board Chair, wrote an October 27, 2003, letter to Ms. Bordelon stating on behalf of the School Board that, after having spoken with the Landon Middle School principal and the Duval County School Board Safety Department, there would be no problem with the closing of the Crossing. There are easily accessible alternative routes that would not disrupt the school or school bus operations and would result in a significant enhancement in safety. Nicholson’s un-rebutted expert testimony concluded that if Jacksonville were applying to install a new crossing at Landon Avenue it would not meet the criteria for an opening, which contains six of the seven criteria for closure. The seventh criterion is whether the closure would cause an excessive restriction to emergency type vehicles. Jacksonville presented testimony, but no data, regarding the fire and rescue vehicles using the crossing. DOT applies the word “excessive restriction” in its rule to mean an excessive restriction for travel. Bordelon’s analysis concluded that the ambulances and other vehicles could easily use the alternative non elevated crossings at Hendricks and Atlantic without being excessively restricted from traveling to an emergency. In processing McLaughlin’s application for closure, Bordelon conducted an independent review of the distance and first response times by fire and emergency vehicles to the Crossing. Bordelon found that fire station 12 and fire station 13 were very close to the Crossing and could easily be reached within the time limit goal of four to six minutes. Since the Landon Avenue/ San Marco area is close to downtown Jacksonville, there is overlapping fire and rescue coverage from fire stations 12 and 13. Using the Atlantic Boulevard railroad crossing, fire station 13 is approximately 0.6 miles from the 1700 block of Landon Avenue. Using the Atlantic Boulevard railroad crossing, fire station 12 is approximately 1.5 miles from the 1500 block of Landon Avenue. The alternative routes that a fire/rescue response from station 13 would have to take to avoid the Crossing are minimal, or approximately an additional fourteenth (.14) of a mile. The alternative routes that a fire/rescue response from station 12 would have to take to avoid the Crossing are minimal, or approximately an additional tenth (.10) of a mile. Jacksonville’s Fire Chief Lorin Mock testified that the there “would be no issue at all in the crossing closure” if it were involved with fire responses using the Atlantic Avenue crossing instead of the Crossing. The average response time from either of these stations to the Crossing is 3.9 minutes. The goal average response time by the Jacksonville Fire Department is six minutes. The response time is calculated from the time a call is made to the time the emergency vehicle arrives on the scene and includes the 911 call and response. Chief Mock and the Jacksonville Fire Department oppose any closure of a railroad crossing, regardless of the safety need for the closure. In the words of Chief Mock, rail crossings are a “string of pearls” that the fire department uses to cross the railroad tracks and the more opportunities to cross the better. He acknowledged that he was looking at the definition from an emergency response standpoint. Per Nicholson’s un-rebutted expert testimony, there is no appreciable difference in response times and distances and no excessive restriction to the transportation of emergency vehicles. Chief Mock’s acknowledgement that the residents of Landon Avenue have “pretty good” overlapping fire coverage because the spacing of fire stations are closer in the core city area, and fire hydrants are available on both sides of the track serves to corroborate this determination. The closure would not result in excessive restriction to the transportation of emergency vehicles.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered approving the requested permit for closure of Department of Transportation Crossing No. 271815X in Jacksonville, Florida. DONE AND ENTERED this 5th day of August, 2005, in Tallahassee, Leon County, Florida. S DON W. DAVIS 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of August, 2005. 1/ John F. Kennedy
The Issue Whether a permit should be granted for an at-grade crossing in the vicinity of Seaboard Coast Line Railroad Company Mile Post AX-973, 480 feet south of said mile post.
Findings Of Fact There is being constructed in Lee County, Florida, a roadway known as the Six Mile Parkway and also known as the Ortiz Loop Road. This roadway is a four lane divided highway with two 24 foot sections separated by a 40 foot median strip constituted of grass. The speed limit at the proposed railroad crossing is 55 mph. The average daily traffic is estimated to be 6,000 cars by the year 1978 and 18,000 cars by the year 1985. The railroad is a single tract facility, which carries three trains per week and six trips. These trains are freight trains with a speed limit of 35 mph at the proposed crossing. The trains average 30 cars per train, and primarily haul limerock and "stump wood". If a local mine, which is in operation, should increase production, the average number of trips per week could increase to 10 trains. Trains that travel on this track at this time, travel between the hours of 9:00 A.M. and 5:00 P.M., on a daily basis, but are not more particularly scheduled. It is contemplated that the cost of the installation of the railroad crossing with safety devices and the maintenance of this railroad crossing is to be paid for by Lee County, Florida. Lee County, through their expert witness, John Walter Ebner, P.E., testified that they would propose a type II, grade crossing with four lanes, the same width as the highway, with the identical pavement and a grass median of similar width as the highway. The safety device proposed by the applicant, Lee County, Florida, is a train activated flashing lights and bells device with cantilevered signalization. The Applicant does not feel control gates would be necessary at the present, considering the traffic volume of automobiles and trains. The Department of Transportation and the Seaboard Coast Line Railroad agree with the proposal of the Applicant, with the exception of feeling that automatic train gates should be installed from the inception of the construction of the railroad crossing. The Applicant is additionally concerned about the economics of the installation of a train activated device with automatic train gates. The concern is that the cost will be an additional $20,000 above their recommended safety device. The official statement of agreement to the construction of the at-grade crossing is found in the Resolution of the Board of County Commissioners of Lee County, Florida which was offered as an exhibit by the Applicant in the course of the hearing. That exhibit is Applicant's Exhibit #1. There was no offering of testimony or further statement by members of the general public or other parties.
Recommendation It is recommended that the permit be granted, to open the subject crossing, utilizing the safety equipment proposed by the Applicant, with the addition of the installation of automatic gates. DONE and ENTERED this 14th day of April, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Phillip S. Bennett, Esquire Office of Legal Operation Department of Transportation 605 Suwannee Street Tallahassee, Florida 32304 James T. Humphrey, Esquire Post Office Box 398 Fort Myers, Florida 33902 Marvin R. Herring Train Master Seaboard Coastline Railroad 1102 New Tampa Highway Lakeland, Florida 33801
The Issue Whether the Petitioner, CSX Transportation, Inc., is entitled to close an at-grade railroad crossing on Country Lane in Santa Rosa County, Florida?
Findings Of Fact The Parties. CSX Transportation, Inc. (hereinafter referred to as "CSX"), operates a railroad which runs essentially east-west through Santa Rosa County, Florida. The Department of Transportation (hereinafter referred to as the "Department"), is charged pursuant to Section 335.141, Florida Statutes, and Rule 14-46.003, Florida Administrative Code, with responsibility for authorizing the closure of public railroad crossings. The Respondents who appeared at the final hearing of these cases live and their addresses in Santa Rosa County are as follows: Clyde L. & Susan S. Godwin 3321 Hudson Bend India B. McLeod 900 North 21st Avenue Earl W. & Zanola R. Gatewood 1361 Tinsley Road Lucille Williams Gatewood 5212 Tinsley Road Mary W. Henderson 3480 Country Lane Clifton D. & Christa Childers 1013 North 16th Avenue Respondents John F. and Katherine H. Edwards live at 2401 Old Military Road, Mobile, Alabama. They own a house on Santa Cruz Boulevard in Santa Rosa County. CSX's Application. On or about April 29, 1993, CSX filed a Railroad Grade Crossing Application (hereinafter referred to as the "Application"), with the Department. DOT Exhibit 1. Pursuant to the Application, CSX sought permission from the Department to close an at-grade railroad crossing (hereinafter referred to as the "Crossing"), located on Country Lane, at railroad mile post SP 664.46 in Santa Rosa County, southwest of Milton, Florida. The Crossing has been designated as "339760G" by the Department. The Crossing runs in a northeast-southwest direction. An "at-grade" railroad crossing is a railroad crossing where the railroad track and a road crossing meet at the same plane or grade. On or about September 24, 1993, the Department issued an Intent to Close Permit approving the Application. DOT Exhibit 2. The Respondents timely filed petitions challenging this proposed agency action. The Crossing. Approximately 8 freight trains use the Crossing daily. Additionally, 2 passenger trains use the Crossing three times a week. The freight trains carry hazardous materials. The evidence, however, failed to prove how often. During a twenty-four hour period, approximately 112 vehicles drove over the Crossing on Country Lane. There are no flashing lights or gates located at the Crossing. There are no plans in the immediate future to add gates or lights at the Crossing. Existing warnings at the Crossing consist of a round, yellow warning sign and a "crossbuck" warning sign just to the north and to the south of the Crossing. These signs, because of trees, are not visible to vehicular traffic on Country Lane until just before reaching the railroad tracks. Traveling to the south on Country Lane, there is little visibility of the tracks due to vegetation. Traveling to the north on Country Lane, there is slightly more visibility. There are sharp drops in elevation on both sides of Country Lane immediately to the north of the railroad tracks. A vehicle could easily become stuck if it were to drive off the road at this location. Passenger trains travel at a maximum speed of 59 miles per hour at the Crossing and freight trains travel at a maximum speed of 49 miles per hour or 25 miles per hour it carrying hazardous material. The Area Surrounding the Crossing. The road that intersects the Crossing is Country Lane: Country Lane runs north-south from County Road 191A in the north to Santa Cruz Boulevard in the south. Country Lane is approximately 1.1 miles long from County Road 191A to Santa Cruz Boulevard. It is approximately .15 mile from County Road 191A to the Crossing. Country Lane is paved from County Road 191A to just south of the Crossing. The rest of Country Lane is a dirt road. Country Lane is approximately 12 to 14 feet wide. There are approximately 14 homes on Country Lane and two short roads that begin and end on County Lane: Hudson Bend Road and Solor Drive. Approximately .20 mile south of 191A, Country Lane intersects with Tinsley Road: Tinsley Road is a poorly paved county road, approximately 12 feet wide. Tinsley Road runs east-west from Country Lane in the east to County Road 281 in the west. There are approximately six houses on Tinsley Road. County Road 191A is a two-lane, paved road that runs northeast- southwest. To the northeast, County Road 191A goes to Milton. To the southwest, County Road 191A intersects with County Road 281. County Road 191A is a two-lane, paved road, approximately 20 to 22 feet wide with 6 feet wide shoulders. County Road 281 runs north-south, from County Road 191A in the north, to the south over a bridge spanning Mulatto Bay, and then runs to the east to County Road 281A. County Road 281 is a two-lane, paved road, approximately 20 to 22 feet wide with 6 feet wide shoulders. County Road 281A runs north-south. In the south, County Road 281A intersects with Interstate 10. In the north, County Road 281A intersects with County Road 191A. It is also connected to County Road 191A, south of its northern intersection with County Road 191A, by County Road 191B. County Road 281A crosses the CSX railroad line that runs to the Crossing. County Road 281A crosses the railroad line by an overpass. Access to Country Lane and the Surrounding Area. Vehicles, including emergency vehicles, coming from the northeast down County Road 191A may access the fourteen houses located on Country Lane, Hudson Bend Road and Solor Drive by using Country Lane and crossing the railroad at the Crossing. If the Crossing is closed, vehicles coming from the northeast down County Road 191A are required to travel to County Road 281, go south on County Road 281 across the railroad to Tinsley Road and then east on Tinsley Road to Country Lane (hereinafter referred to as the "Alternative Route") to access thirteen of the houses on Country Lane, Hudson Bend Road and Solor Drive (the fourteenth house is located to the north of the railroad). It is approximately one fourth of a mile from the intersection of County Road 191A and Country Lane around to Country Lane south of the Crossing via the Alternative Route. Driving the speed limit, it takes just over one minute to drive the Alternative Route. The Alternative Route can accommodate the additional traffic that would result from closure of the Crossing. Country Lane may also be accessed from the south by taking County Road 281A to County Road 281, traveling west and then north to either Santa Cruz Boulevard or Tinsley Road, and then east to Country Lane. There is a fire station located northeast of Country Lane on County Road 191A. The fire station is approximately 1 mile from the junction of County Road 281 and County Road 191A. It takes approximately 1 minute and 36 seconds to drive, at the posted speed, from the fire station to Country Lane. It takes approximately 2 minutes and 30 seconds to drive from the fire station to Country Lane using the Alternative Route. If the railroad crossing at County Road 281 were closed, traffic coming from the northeast may return northeast on County Road 191A, east on County Road 191B, south on County Road 281A, west and then north over Mulatto Bay on County Road 281 to Santa Cruz Boulevard or Tinsley (hereinafter referred to as the "Southern Route). From the fire station to Country Lane via this route is approximately 4.7 miles and takes approximately 6 minutes and 18 seconds to drive at the posted speed. From the north of the railroad crossing on County Road 281 via this route is approximately 6.2 miles. Emergency vehicles would not be restricted to traveling at the posted speed limits. The potential for a vehicle finding access to Country Lane and the surrounding area blocked from the north because of a train halted at the railroad crossing will be increased if the Crossing is closed. Currently, if the Crossing is blocked by a train, vehicles can use the Alternative Route and, if the crossing on County Road 281 is blocked by a train, vehicles can use the Crossing. If the Crossing is closed and the crossing at County Road 281 is blocked, vehicles may be required to use the Southern Route. The evidence failed to prove how often this happens. If the Crossing is not closed and both the Crossing and the crossing on County Road 281 are blocked by a train at the same time, there will be no access from the north and vehicles may still have to use the Southern Route. At least one of the Respondents has witnessed both crossings being blocked at the same time. Although trains may block the crossing at County Road 281 for 10 to 15 minutes, they do so rarely. It is more likely that traffic may be blocked from 5 to 10 minutes while train cars are being dropped off at a plant located on a spur of the railroad located to the west of the Crossing. If the Crossing is closed and both the crossing at County Road 281 and the bridge on County Road 281 are blocked, residents will not be able to evacuate from Country Lane or the surrounding area. The evidence, however, failed to prove the probability of such an event or the probability that residents would have to be evacuated. The evidence failed to prove that, while there may be some inconvenience to the Respondents if the Crossing is closed, the inconvenience will be significant. Two acceptable, alternative routes for access to the area exist and those routes can handle any additional traffic caused by closure of the Crossing. Safety. Railroad crossings are potentially dangerous. If an accident takes place at a railroad crossing, the adverse consequences are, more often than not, extremely severe. The evidence in this case failed to prove that there have actually been accidents at the Crossing. Comments concerning possible accidents at the Crossing were not made during sworn testimony. Because of the conditions at the Crossings (lack of warning devices, excessive vegetation causing lack of visibility, and the poor condition of the road surface), the potential for an accident at the Crossing is high. Cost Required to Improve the Crossing. It would cost in excess of $80,000.00 to add warning lights and gates to the Crossing. It would cost approximately $20,000.00 to improve and widen Country Lane. Emergency Vehicles. Emergency vehicles which may need to access the area south of the Crossings will come from the northeast toward Milton. If the Crossing is closed, emergency vehicles can use the Alternative Route or the Southern Route. The evidence failed to prove that response times will be significantly impacted by closure of the Crossings.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a Final Order dismissing the petitions in this case and approving the application of CSX Transportation, Inc. DONE AND ENTERED this 31st day of May, 1994, in Tallahassee, Florida. LARRY J. SARTIN 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 31st day of May, 1994. APPENDIX Case Numbers 93-6253 through 93-6262 CSX Transportation, Inc. and Mr. Edwards have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. Mr. Edwards' Proposed Findings of Fact Accepted in 5 and 9. Accepted in 9. Accepted in 11, 23-25 and 35. 4. Accepted in 10-11, 16, 21, 32, 35-37 and 40-42. 5. Accepted in 38-19 and hereby accepted. The CSX's Proposed Findings of Fact These paragraphs are a correct summary of events at the final hearing. See 17-35. The last sentence of the first paragraph is not supported by the weight of the evidence. The last two sentences of the second paragraph are not supported by the weight of the evidence. See 29. Not supported by the weight of the evidence. COPIES FURNISHED: Ben G. Watts, Secretary Attn: Eleanor F. Turner, M.S. 58 Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0450 Thornton J. Williams General Counsel 562 Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0450 Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street Haydon Burns Building, M.S. 58 Tallahassee, FL 32399-0458 Stephen H. Shook, Esquire CSX Transportation Law Department 500 Water Street Jacksonville, FL 32202 Clyde L. & Susan S. Godwin, pro se 3321 Hudson Bend Milton, Florida 32583 India B. McLeod, pro se 900 N. 21st Avenue Milton, Florida 32583 Earl W. & Zanola R. Gatewood, pro se 1361 Tinsley Road Milton, Florida 32583 John F. & Katherine H. Edwards, pro se 2401 Old Military Road Mobile, Alabama 36605 Lucille Williams Gatewood, pro se 5212 Tinsley Road Milton, Florida 32583 Mary W. Henderson, pro se 3480 Country Lane Milton, Florida 32583 Clifton D. & Christa Childers, pro se 1013 N. 16th Avenue Milton, Florida 32583 Steve & Laura House 3251 Country Lane Milton, FL 32583 Mark W. & Patti J. Gatewood 3361 Hudson Bend Milton, FL 32583 Ms. Jane McMillan Greenwood 4884 Mulatto Bayou Drive Milton, FL 32583
The Issue The issue is whether Respondent CSX Transportation, Inc.'s railroad crossing located on Old Kings Road in Jacksonville, Florida, meets the criteria for closure as set forth in Rule 14-46.003(2)(b), Florida Administrative Code.
Findings Of Fact History and Current Status of Crossing Old Kings Road has been in existence at least since 1837. The road was located in its approximate location in COJ's city limits prior to the arrival of the railroad. COJ owns and maintains Old Kings Road. The subject of this proceeding is a public at-grade railroad crossing ("the Crossing"), designated by FDOT as Crossing No. 621191C. The Crossing is located in the northwestern part of COJ in Duval County, Florida. The Crossing intersects with Old Kings Road, which has always been an important means of ingress and egress to downtown COJ for residents located west of the Crossing. A neighborhood association, the Grand Park Civic Club, requested that COJ build an overpass over the Crossing due to train blockages in the 1930's. The Crossing originally consisted of five tracks. Later it was increased to seven tracks. In 1995, CSXT requested COJ to consider closing the Crossing. COJ refused this request. In April 1997, CSXT filed an application with FDOT to close the Crossing. Neither CSXT nor FDOT gave COJ immediate notice that FDOT was considering the application. However, as early as January 15, 1998, CSXT was aware that COJ opposed the closing. In July 1998, CSXT closed the Crossing for repairs with COJ's acquiescence. COJ understood originally that the repairs would last from two to four weeks. Some months later, COJ learned that the Crossing might not reopen until December 1998. COJ learned about CSXT's application to close the Crossing sometime during the fall of 1998. At that time, FDOT verbally conveyed the information about the pending application for closure of the Crossing to COJ. In October 1998, COJ wrote a letter requesting FDOT's assistance in opening the Crossing because FDOT had not issued a permit to close it. Then in February 1999, CSXT advised FDOT by letter that CSXT and COJ were engaged in negotiations regarding closure of the Crossing. In August 1999, FDOT suspended consideration of the application pending the on-going negotiations between COJ and CSXT. In a February 2000 letter, COJ again requested FDOT to reopen the Crossing until such time as formal hearings were held and/or the parties could enter into a stipulation. FDOT's consideration of the application remained suspended at that time. In October 2000, CSXT requested that FDOT reopen the file on its application. By letter November 1, 2000, FDOT advised CSXT that the file would be reopened. On January 31, 2001, FDOT issued a Notice of Intent to Issue a Permit to close the Crossing. The Crossing remained closed at the time of the formal hearing. The Crossing CSXT conducts freight rail operations on railroad tracks that run in a northwest - southeast direction across Old Kings Road in Jacksonville, Florida. The Crossing is located within the yard limits of CSXT’s Moncrief Yard, a large classification yard for CSXT trains. CSXT removed the two westernmost tracks and the roadbed at the Crossing after closing it in July 1998. Currently, the Crossing has a total of five parallel railroad tracks that cross the road at a skewed angle of approximately 20 degrees. The distance across the existing tracks is 276 feet. On both sides of the Crossing, Old Kings Road is a two-lane highway with no sidewalks. The Crossing has more railroad tracks than any other railroad crossing in Jacksonville, Florida. The Crossing has automatic crossing gates and flashing signal lights. CSXT disconnected these traffic control devices when CSXT closed the Crossing in July 1998. FDOT has no plans to upgrade the traffic control devices regardless of whether the Crossing is reopened or remains closed. The Crossing is located in an urban area. The next crossing point over the CSXT rail lines is located at the Edgewood Avenue Bridge, 1.35 miles to the north as measured along the rails. Going south, again measuring along the rails, the next CSXT crossing is 1.7 miles away at McQuade Street. The McQuade Street crossing is located at the southern end of Moncrief Yard. The easternmost track at the Crossing is the CSXT mainline track. The mainline track is the primary track for Amtrak passenger trains and CSXT freight trains that do not require switching or maintenance in the Moncrief Yard. The speed limit for trains using the mainline track is 40 miles per hour. The remaining four tracks at the Crossing are yard tracks, which CSXT uses for the assembly of trains on the north end of the Moncrief Yard, as well as inbound and outbound freight train arrivals and departures. The four yard tracks have a speed limit of 10 miles per hour. Train Movements at Old Kings Road Crossing There are approximately 100 train movements, including switching movements across the Crossing on a daily basis. Switching movements in the Moncrief Yard involve the assembly and disassembly of trains through the movement of freight cars into designated yard tracks. Switching movements take place in the Moncrief Yard 24 hours per day, seven days per week, except for Christmas, Thanksgiving and select holidays. Switching movements are carried out primarily at the north end of Moncrief Yard near the Crossing because the track layout at that end is best suited for such operations. Other parts of the yard do not lend themselves to efficient switching operations. In order to be switched, a cut of railroad cars must be moved back and forth repeatedly, with pauses between movements. Once switching is complete, federal law requires the train's brakes to be checked. The train then must wait for the track to be clear of other train traffic before departing. Often a cut of railroad cars will pull close enough to the Crossing to activate the warning lights and gates without actually blocking the roadway. When that happens, a motorist will see an open roadway and a stopped train that is the apparent cause of the activation of the warning devices. This circumstance creates a uniquely hazardous situation for motorists and pedestrians. CSXT operates between 11 and 22 intermodal trains daily through Moncrief Yard, which is an unusually extensive operation. Approximately 40 locomotives per day are serviced in the yard. Amtrak operates daily approximately nine scheduled movements over the mainline track throughout the day and night. Due to its proximity to the Moncrief Yard, Old Kings Road is regularly blocked by trains engaged in switching movements that travel back and forth across the Crossing, in addition to other train traffic. There is no practical method of operating the Moncrief Yard without blocking Old Kings Road for extended periods of time. This is the only CSXT railroad crossing in the State of Florida that is regularly blocked by switching movements for extended periods of time. On November 29 and 30, 2000, CSXT studied the amount of time that the Crossing was blocked by train movements. The study demonstrated that train traffic blocked the Crossing for a total of 12 hours and six minutes during a 24-hour period of time. Such blockage has consistently existed at the Crossing for 30 years or more. On July 31 through August 2, 2001, COJ studied the amount of time that the Crossing was blocked by train movements. The results of the COJ study were consistent with the CSXT study of train blockages at the Crossing. The surveys performed by CSXT and COJ to determine the time that trains blocked the Crossing measured only the amount of time that one or more trains actually blocked Old Kings Road. If the Crossing were open to traffic, Old Kings Road would be blocked for even longer periods of time because the flashing lights and gates would activate before the trains arrived at the Crossing. Motor Vehicle Traffic at the Crossing From 1991 to 1997, the average daily traffic volume in the vicinity of the Old Kings Road crossing was less than 2,000 vehicles per day. The motor vehicle traffic volume at Old Kings Road is considered a low traffic count by FDOT standards. The traffic volume at the Crossing is far too low to justify expending the funds and other resources necessary to construct an overpass. Safety Effects upon Rail and Vehicle Traffic Some of the facts necessary to determine safety effects upon rail and vehicle traffic are discussed in paragraph 20. Due to the height and length of slow-moving or stopped trains involved in switching operations on some or all of the four railroad tracks to the west of the CSXT main line, motorists approaching the crossing from the west cannot see fast-moving trains, including Amtrak passenger trains, approaching the Crossing on the CSXT mainline. Likewise, the 20-degree skew of the intersection makes it difficult for westbound motorists on the east side of the Crossing to look to their left to determine whether a northbound train is approaching. Motorists frustrated by the long wait times at the Crossing regularly drive around the crossing gates. They take this risk often under the mistaken belief that stopped or slow moving trains have activated the signal lights and gates. At times vehicles fall off the roadway as drivers attempt to go around trains partially blocking the roadway. Drivers also become distracted by the beveled and rough roadway surface between the numerous tracts. These circumstances, together with the regular and extended blockages, give motorists a high probability of interacting with train traffic while simultaneously almost inviting them to run the gates. COJ’s neighborhood witnesses testified that they either personally drove around the lowered crossing gates at the Crossing or observed other motorists driving around the gates in order to avoid extended train delays. COJ witnesses, Rebecca Jenkins and Talmadge Ford, have observed two to four vehicles driving around the crossing gates at the same time. Motor vehicles have also been stranded on the railroad tracks on several occasions when motorists drove around the lowered gates and left the paved road area at the Crossing. The safety hazards present are unique to the Crossing based upon the presence of a substantial number of train- switching movements over the crossing, multiple tracks with trains of varying speeds, motorist frustration over train delays, obstructions to visibility and a general misapprehension by the motoring public of the nature of yard switching movements. Unlike the Crossing, the majority of railroad crossings do not contain multiple railroad tracks within yard limits with trains performing different operations at different rates of speed. Due to the skewed angle of the Crossing, the presence of five railroad tracks, and the location of the crossing gates, the distance that a motor vehicle or pedestrian must travel to traverse the Crossing is 397 feet. Even if the signal lights were relocated closer to the railroad tracks, the distance across Old Kings Road would be approximately 276 feet, the actual distance across the tracks. The substantial length and the skewed angle of the Crossing reduce visibility for motorists and increase the probability of a crossing accident. The use of commercial trucks over the Crossing on a regular basis would substantially increase the danger of an accident due to the distance that a truck must travel over the Crossing under normal operating conditions. Because of their length, large commercial trucks take longer to clear a crossing than a car traveling at the same speed. There were at least 12 railroad-crossing accidents at the Crossing from 1975 until 1998. Most of these accidents occurred on account of violation of law by drivers or pedestrians. One of these, a motor vehicle accident, resulted in a fatality. Six of the eight accidents involving a motorist resulted in no personal injury. Even so, the Crossing had the highest number of grade-crossing accidents in Jacksonville, Florida, from 1975 until 1998. In January 2001, COJ commissioned a Jacksonville engineering firm, Waitz and Moye, to perform a study of 10 railroad crossings in the northwest quadrant of Jacksonville, Florida. This study included the Crossing, which had the highest number of accidents of the 10 railroad crossings. There were twice as many accidents at the Crossing than the crossing with the second highest number of accidents, despite the fact that the Crossing had one of the lowest traffic volumes. In addition to accidents, there have been numerous near-miss incidents at the Crossing, where motorists driving around the crossing gates narrowly avoided injuries. Due to obstructions to visibility, an Amtrak train traveling 40 miles per hour on the CSXT main line does not have sufficient time to avoid a collision at the Crossing. Mr. Darryl Murray, the Service Manager for Amtrak, testified that he regularly operated trains over the Crossing from 1974 until 1986 with the Seaboard Coastline Railroad, and from 1986 until 1991 with Amtrak. Since 1991, Mr. Murray has directly supervised Amtrak train crews that operate over the Crossing. Mr. Murray testified there are other crossings that are just as busy as the Crossing. He admitted that the Crossing would be safer in the future because the two western-most tracks have been removed. However, according to Mr. Murray, the Crossing is one of the most dangerous railroad crossings that he has encountered during his railroad career. According to Mr. Murray, a crossing accident involving an Amtrak passenger train traveling 40 miles per hour at Old Kings Road could result in serious personal injury or death to the motor vehicle occupants and train crew; derailment of the train; and injuries to Amtrak passengers due to the emergency braking application of the train. In the early to mid 1990's, Mr. Murray personally investigated an accident involving an Amtrak train and a passenger vehicle at the Crossing, which resulted in serious personal injuries to the motorist. Mr. Kevin Carter, a manager for Resource Logistics International ("RLI"), testified that if the Crossing were re-opened, RLI trucks carrying 80,000 pounds of aluminum would use it during transport. Mr. Carter has seen one or two of his truck drivers go around the gates at the Crossing and was aware of other trucks going around the lowered gates. Mr. Carter has disciplined at least one of his drivers for driving around railroad crossing gates in the down position. CSXT also presented the testimony of experienced railroad employees who have worked in the Moncrief Yard at the Crossing on a daily basis for many years. CSXT employees testified that, due to its location in the middle of an active switching yard, the Crossing is the most dangerous railroad crossing in Jacksonville, Florida. In addition to motor vehicle accidents at the Crossing, the evidence established a serious safety hazard involving pedestrians. Prior to its closing in 1998, pedestrians regularly climbed between freight cars stopped at the Crossing in order to avoid extended train blockages. Additionally, pedestrians regularly placed their bicycles over or under the coupling mechanism that connects railroad cars while attempting to climb between railroad cars. Several of the accidents at the Crossing involved serious injuries to pedestrians who were trapped between freight cars when the train suddenly moved. The number of pedestrians at the Crossing has decreased since its closure. There have been no accidents at the Old Kings Road crossing since its closure in 1998. If the Crossing were closed, protective measures could be taken to more effectively discourage trespasser access, including cul-de-sacs, road barriers, fencing and signage. COJ has determined there is sufficient land to build cul-de-sacs at the Crossing. On the other hand, it is impossible to completely block pedestrians from using the Crossing if they are intent on doing so. In an effort to assess safety hazards at the Crossing, COJ presented evidence about the FDOT Safety Index. FDOT uses the safety index to determine the prioritization of upgrades for crossings that do not have automatic gates and signal lights. FDOT does not utilize the safety index for its closure analysis. The FDOT safety index for prioritizing crossing-warning device upgrades does not determine the dangerousness of a railroad crossing. The federal government requires FDOT to create the safety index annually. From among the top 800 crossings, FDOT determines which crossings receive funding for improvement of warning devices. The maximum protection that FDOT currently permits is flashing lights and automatic gates. Crossings that rank in the top 800 on the safety index and that already have lights and gates do not receive funding because no further improvement is available. In effect, the safety index report serves only to identify problematic crossings. With annual funding of only approximately $5 million, FDOT improves about 30 crossings per year. Although the Crossing had automatic gates and flashing signal lights before they were disconnected in July 1998, the current FDOT Safety Index indicates that the Crossing has a safety index rank of 561 out of 4500 railroad crossings in the state. This does not mean that FDOT considers 560 other crossings to have greater priority for upgrades than the Crossing. Because the safety index report continues to assign a high rank to the Crossing, which already has lights and gates, the only way FDOT can make the Crossing safer is to close it. Even so, using the FDOT safety index ranking and correct factual assumptions, the safety index number for the Crossing is approximately 50, which is less than the marginal safety level index number of 60 set by FDOT. FDOT guidelines indicate that a crossing should be considered for improvements at a safety level index of 60. FDOT uses a separate program to consider overpass construction for crossings. As stated above, the low traffic count and the availability of the Edgewood Avenue overpass less than two miles away means that the Crossing does not warrant the expenditures required for construction of an overpass. The automatic gates at the Crossing are part of a two-quadrant gate system. Petitioners have proposed that four-quadrant gates and a median be constructed in order to deter motorists from going around the gates. The appeal of a four-quadrant gate system is that it blocks both lanes of travel on both sides of a crossing. A four-quadrant system discourages more people from running the gates than does a two-quadrant gate system. However, people at times run four-quadrant gates and would be likely to do so at the Crossing. An activated four-quadrant gate system could block a vehicle attempting to get out of the Crossing. FDOT uses two-quadrant gate systems because they leave the exit from a crossing unobstructed. An exit for vehicles at the Crossing is especially important because of the unusual width and the constant activation of the gates by switching trains. A four-quadrant gate system would neither redress the extremely dangerous conditions at the crossing nor change the incentives for people to run the gates. FDOT does not currently permit four-quadrant gates at crossings like the one at issue here. Additionally, the Federal Highway Administration has not authorized installation of four- quadrant gates as a standard recommended practice. Other states do use four-quadrant gates on an experimental basis. Finally, installing a four-quadrant gate system at the crossing would cost between $500,000 and $1,500,000. Necessity, Convenience and Utilization of Remaining Routes Where Practical In the area of the Crossing, Old Kings Road connects New Kings Road and Edgewood Avenue. The intersection of Old Kings Road and New Kings Road is located at a distance of approximately 100 yards to the east of the Crossing. New Kings Road is a four-lane highway that curves at its intersection with Old Kings Road, going east through the neighborhood of Grand Park and becoming Kings Road and US 23. Kings Road is a thoroughfare to downtown COJ in this direction. In the other direction, New Kings Road runs north, paralleling the CSXT mainline track, which is to the west for some distance. In this area, New Kings Road forms the western end of the Grand Park neighborhood. As New Kings Road runs north, it becomes U.S. 1/23 about one-half mile from the Old Kings Road intersection. New Kings Road is also a heavily traveled four-lane highway. On the west side of the Crossing, 20th Street West and St. Clair Street, both of which are two-lane streets, dead end into Old Kings Road, with 20th Street West running west and St. Clair Street running south. Further to the west, Old Kings Road intersects with Edgewood Avenue, a four-lane state highway running north and south. The neighborhood directly to the west and south of Old Kings Road is known as the Paxon community. Running north from the intersection with Old Kings Road, Edgewood Avenue intersects New Kings Road (US 1/23). Just before this intersection, Edgewood Avenue separates from grade and becomes a viaduct (overpass) that crosses the CSXT mainline tracks. Traveling this route and then turning south on New Kings Road, a vehicle would reach the intersection of New Kings Road and Old Kings Road. If one is located on the west side of the Crossing, and the Crossing is closed, this route is the shortest distance to the east side of the Crossing. The distance going around the Crossing from west to east (clockwise), starting at the intersection of Old Kings Road and St. Clair Street and finishing at the intersection of Old Kings Road and New Kings Road is approximately 3.26 miles. Going in the opposite direction (counterclockwise) the distance is approximately 3.28 miles. These distances were calculated as averages after making six vehicle travel runs in a clockwise direction (west to east) and five vehicle travel runs in a counterclockwise direction (east to west) respectively. Traveling around the Crossing in a southern direction, either from west to east or east to west would require going all the way to the McQuade Street crossing, or to the Beaver Street viaduct, just south of McQuade Street. The southern route involves distances substantially in excess of those along the Edgewood Avenue - New Kings Road route to the north. All of the major interstates in Jacksonville can be conveniently reached via New Kings Road or Edgewood Avenue. Motorists traveling west on Old Kings Road over the Crossing would have to cross several other railroad crossings in order to reach Edgewood Avenue. In addition to the significant train blockages at the Crossing, significant train blockages exist at Norfolk Southern’s Old Kings Road crossing due to the proximity of the crossing to Norfolk Southern’s Simpson Yard. A little over one-half mile to the west of the Crossing, and to the north and south thereof, the Norfolk Southern mainline tracks run parallel to the CSXT tracks and also cross Old Kings Road. The Norfolk Southern tracks cross St. Clair Street, 20th Street West and Old Kings Road, going south to north. Immediately north of Old Kings Road those tracks comprise the southern end of Norfolk Southern's Simpson Yard, a switching yard like Moncrief Yard. Norfolk Southern trains at times block St. Clair Street, 20th Street West, and Old Kings Road all at the same time. When this occurs, with the Crossing closed, the area inside the triangle formed by Old Kings Road, the Norfolk Southern tracks, and St. Clair Street becomes landlocked, making ingress and egress to the area impossible. Norfolk Southern trains block the Norfolk Southern crossing across Old Kings Road approximately six out of 24 hours a day. CSXT trains block the Crossing on an average of at least nine or more hours a day and as much as 12 hours a day. Trains block Old Kings Road, 20th Street West, and St. Clair Street all three simultaneously approximately nine times a day, for periods ranging between 1.29 minutes and 15 minutes, with an average blockage time of 6.5 minutes. On the high side, the triangle area might be completely blocked for as much as 2.25 hours per day total. On some occasions since the Crossing was closed, people within the triangle may have been unable to enter or leave the triangle for as much as 30 minutes or more at a time. This might have been the case one or more times a day. It is also true that the total blockage would be somewhat decreased with the Crossing open because it would provide an additional entrance or exit. However, even with the Crossing open, trains will still block the triangle area for approximately 40 percent of the time out of a 24-hour day. Motorists using the alternate route over New Kings Road and Edgewood Avenue would encounter one railroad crossing on New Kings Road. Trains block the New Kings Road crossing for up to 30 minutes at a time, less than one hour of total blockage during an average 12-hour period from 7:00 a.m. to 7:00 p.m. Approximately 2000 to 3000 people live in the Grand Park community on the east side of the Crossing. The same number of people live in the Paxon community on the west side of the Crossing. These residents oppose the closing of the Crossing for many reasons, including the following: (a) People from Grand Park on the east side of the Crossing participate in community activities such as Little League Baseball at the Joe Hammond Center near the west side of the Crossing; (b) Children in Grand Park go to school at Paxon Middle School and Paxon High School; and (c) Grocery stores, stores such as Home Depot, and other shopping facilities are located on the west side of the Crossing. If the Crossing remains closed, these people will suffer some inconvenience in having to travel the alternate route over New Kings Road and Edgewood Avenue. However, the Edgewood Avenue overpass on the alternate route provides the Paxon and Grand Park residents access to either side of the Crossing without crossing any of railroad tracks along Old Kings Road. If a motorist traveled a loop from the east side to the west side of the Crossing using the alternate route over New Kings Road and Edgewood Avenue, the total amount of travel time would be between five and 10 minutes depending on the time of day and the amount of traffic. In order to calculate the additional burden on motorists using the alternate route, a reduction would have to be taken for the amount of time that a motorist would have to travel 6,746 feet from the Crossing to Edgewood Avenue. FDOT grades levels of road service from "A" to "F", with "A" being the highest level of service. Roads with an "A" level of service have the ability to handle considerably more vehicle traffic without causing delays in traffic movement. The level of service for New Kings Road and Edgewood Avenue is an "A" level of service. Therefore, the alternate route is in good condition and able to accommodate the additional traffic volume that results from the closure of the Crossing. Due to the significant train blockages at the CSXT and Norfolk Southern Old Kings Road crossings, the alternate route over New Kings Road and Edgewood Avenue is a more reliable route for motorists. The alternate route over New Kings Road and Edgewood Avenue takes significantly less travel time for motorists than Old Kings Road if the CSXT or Norfolk Southern crossings on Old Kings Road are blocked by train traffic. It is undisputed that a substantial volume of rail traffic utilizes the CSXT tracts at Old Kings Road. However, the trains in the Moncrief Yard are no longer than they were in the 1960s. In fact, there are probably 500 less train cars in the yard and traveling across the Crossing than there were back then. CSXT's business operation will not changed or be affected regardless of whether the Crossing is open or closed. CSXT has no business necessity to have the Crossing closed, apart from its dangerousness. It is true that the closing of the Crossing will result in some inconvenience to three residential homes and two businesses, Tremron and RLI, located within the triangle formed by the Norfolk Southern mainline, Old Kings Road and St. Claire Street. However, the triangle existed before these homes were constructed and before the businesses were established. Anyone locating a home or business in the triangle area between two railroad yards and two railroad tracks knew or should have known that train blockages were going to be a problem. Prior to the closing of the Crossing, the homeowners in the triangle used St. Clair Street as their primary access route. They used the Crossing mainly when the St. Clair Street crossing was blocked. Tremron purchased its St. Clair Street business premises in June 2000, after the Crossing had been closed for almost two years. Prior to the purchase of the business premises, Tremron represented to the Jacksonville Economic Development Commission that it had performed an initial feasibility study and concluded that the current roadways and public utilities were adequate to meet the demands for the new facility. Tremron, which manufactures cement pavers, has 10 to 40 trucks entering and leaving the company's premises in a day. If the Crossing were open and not blocked by trains, the best access to I-95 for Tremron's trucks would be through the Crossing. Additionally, because the Crossing is closed, Tremron's employees have problems with access to and from work when the triangle is sealed. Tremron performed surveys of train traffic at the Norfolk Southern St. Clair Street and 20th Street West crossings in October and November 2000, and the Crossing in July 2001. The surveys measured the maximum amount of time the St. Clair Street crossing was blocked by train traffic and not actual vehicle delays at the crossing. A COJ study recorded actual vehicle delays using a proper methodology at ten crossings in the area of Old Kings Road. However, this study did not include a survey of vehicle delays at the Norfolk Southern St. Clair Street crossing. CSXT studied train blockages at the Norfolk Southern St. Clair Street crossing on June 13 and 14, 2001. The results of the CSXT surveys provide persuasive evidence that no significant train delays exist at St. Claire Street. After the date of the Tremron train delay studies at the St. Clair Street crossing, Tremron’s President, Hugh Caron, reached a cooperative arrangement with Norfolk Southern whereby the railroad agreed to reduce train blockages at St. Clair Street. Mr. Caron and local triangle residents, Thomas Miller, Milton Holland and Rebecca Jenkins, testified that the cooperative arrangement was working in a satisfactory manner at the time of the final hearing. If the Crossing was open, Tremron and RLI trucks might be able to look down Old Kings Road to see if a train was blocking the Crossing before heading in that direction. But if a train blocks the tracks as the trucks approach the Crossing, they cannot turn around. In the event of a train blockage, RLI's trucks can use an alternate route through the Norfolk Southern Simpson Yard to circumvent the blocked crossing on an emergency basis. Additionally, Milton Holland, one of the three homeowners who reside in the triangle area, also uses the alternate route through the Norfolk Southern Simpson Yard to circumvent the Crossing when it is blocked. RLI is a trucking business that transports building material. It ships and receives material such as steel coils and plywood to and from the Norfolk Southern boxcars. It also transports metal containers to and from the two major Jacksonville seaports. RLI's facility on Old Kings Road serves as a warehouse for these shipments. RLI's tractor-trailers make 16 to 20 round trips a day from the warehouse to the seaports. Prior to July 1998, the tractor-trailers regularly used the Crossing when it was not blocked by train traffic. Even so, the RLI trucks and personnel were trapped within the triangle every now and then. With the closing of the Crossing, RLI's employees and trucks are trapped within the triangle on a more regular basis. RLI has not missed any shipments since the closure of the Crossing. Mr. Carter testified that, at this point in time, it did not make a difference to him whether the Old Kings Road Crossing remained closed. Centurion’s President, Harold Shafer, testified that none of his four automobile transport businesses, including Centurion, were impacted by the closure of the Crossing. According to Mr. Shafer, he owns a business in the triangle area known as Vehicle Transport, Inc., which builds racking systems for transporting automobiles in containers. Vehicle Transport, Inc., was not operating and had no employees at the time of the final hearing. Mr. Shafer is planning to reopen Vehicle Transport, Inc., contingent upon the business being a successful bidder on several contracts. In that event, Vehicle Transport, Inc., would employ 25 to 30 employees at the St. Clair facility. If Vehicle Transport, Inc., were to reopen for business on St. Claire Street with the Crossing closed, the company would suffer a loss in labor efficiency. However, Mr. Shafer's primary concern would be the occasional unavailability of emergency fire and rescue service, not access for his business resulting from the closing of the Crossing. Petitioners' expert witness, Geoff Pappas, presented evidence of an economic impacts study, concluding that the businesses located within the triangle had suffered economic losses due to the Crossing's closure. Rather than examining the business records of these companies, Mr. Pappas based his analysis on estimated projected losses due to the cost of additional motor fuel consumed by commercial trucks accessing the businesses via the alternate route and due to the cost of paying employees for lost time spent waiting at one of the Norfolk Southern crossings. Mr. Pappas opined that RLI's fuel expense has increased by $3,000 per year since the closing of the Crossing. He concluded that the company has experienced over $55,200 per year in lost labor because of the time the employees spend waiting on trains to clear the tracks. According to Mr. Papas, other trucking companies making deliveries to RLI's facility have also incurred significant financial losses. As to Tremron, Mr. Pappas testified that the company loses approximately $42,000 per year in labor efficiency because the employees spend so much time waiting for the tracks to clear within the triangle. Tremron pays outside truck drivers to deliver its products by the truckload; therefore, Mr. Pappas asserted that firms delivering to Tremron have incurred approximately $13,450 in additional fuel expenditures per year because the Crossing is closed. Mr. Pappas calculated these economic losses for Tremron beginning in 1998 even though Tremron did not open its business facility until 2000. In support for his projected fuel consumption cost analysis, Mr. Pappas assumed that each and every truck would have accessed the triangle area via the Crossing if it had been open. Mr. Pappas also assumed that each and every truck used the alternate route because of the Crossing's closure. On cross-examination, Mr. Pappas had to concede the following: (a) Any truck going to or coming from Interstate 10, Interstate 295, or going to northbound Interstate 95 would access the triangle area using a crossing other than the one at issue here; (b) An origin and destination study needs to be conducted to accurately determine the percentage of commercial traffic actually utilizing the alternate route; (c) If an origin and destination study had been conducted, it would have shown that the trucks would have used the Norfolk Southern crossing at least some of the time; and (d) The analysis did not consider the impact of regular blockages at the Crossing. Mr. Pappas admitted that his analysis was "a last minute review" that could have been "much more accurate." In support of his lost wages cost analysis, Mr. Papas estimated that every employee of each business would make four trips into or out of the triangle area every working day of the year. He estimated that each and every trip would incur a 15-minute delay due to train blockages on the Norfolk Southern line. Thus, Mr. Pappas concluded that each and every employee was estimated to lose one hour every working day. By multiplying the estimated number of employees of each business by the estimated average hourly wage paid by that business, then doubling that amount to account for "indirect wage losses," Mr. Pappas estimated the dollar amount of wages lost daily by each business. By multiplying that product by the number of working days in a year, Mr. Pappas estimated the annual loss to each business. Mr. Pappas's lost wages cost analysis assumed that each and every trip into or out of the triangle area would have been made via the Crossing had it been open. He further assumed that each business paid their employees for the time they spent waiting at a rail crossing coming to or leaving work. On cross-examination, Mr. Pappas conceded the following: (a) Employees would not be paid for time spent waiting at a crossing after leaving work; (b) Employees might not leave work for lunch; and (c) Such trips would have to be deducted from the analysis. There is no doubt that RLI and Tremron have incurred an adverse financial impact due to the closure of the Crossing. However, for the reasons set forth above, Mr. Pappas's cost analysis studies and his testimony in support thereof, cannot be relied upon to accurately reflect that impact. Pedestrian Convenience It is undisputed that the Crossing was not designed for pedestrian or bicycle use. Nevertheless, persuasive evidence indicates that pedestrians and bicyclists used the Crossing before it was closed. They have continued to cross the tracks since CSXT removed the crossing roadway in July 1998. One survey indicates that as many as six pedestrians used the Crossing during a 24-hour period in 2001. Other evidence indicates that at least 15 pedestrians used the Crossing during an eight-hour period in 2001. These pedestrians include a lot of Grand Park community residents who do not own motor vehicles and therefore need to walk or rely on other means of transportation. It would take over an hour for a brisk walker to walk the proposed alternate route around the Crossing, a distance of 3.26 miles. The alternate route is also dangerous for pedestrians because both Edgewood Avenue and New Kings Road (U.S. 1/23) are four-lane highways with no sidewalks. Additionally, the overpass on Edgewood Avenue has cement barriers that block off and reduce the size of the sidewalks so that they are impassible. Thus a pedestrian must walk right next to the auto lanes on the viaduct. Public bus service provided by the Jacksonville Transportation Authority (JTA) connects the neighborhoods on both sides of the Crossing. Some time shortly before the final hearing, a CSXT witness followed two buses that connect the Paxon community and the Grand Park community on the eastern side of the Edgewood Avenue overpass. Additionally, CSXT and COJ provided exhibits which clearly show that pedestrians on both sides of the Crossing have reasonable access to bus transportation over the alternate route, on weekdays and weekends, without having to walk an unreasonable distance. The pedestrian safety hazards at the Crossing substantially outweigh any limited pedestrian inconvenience that would result from the closing of the Crossing. Excessive Restriction to Emergency Type Vehicles Resulting from Closing The Jacksonville Fire and Rescue Department naturally has some concerns that it will be unable to provide timely emergency services in the triangle area when it is sealed. This is more likely to happen with the Crossing closed. Old Kings Road has always been an area of limited access for fire and rescue crews due to the amount of train blockages at the Crossing. The response time of fire and rescue services could be reduced by one minute if the Crossing were open and not blocked by a train. One minute can mean the difference between life and death in an emergency situation. Prior to its closing, emergency vehicles were dispatched from the east side of the Crossing (from fire and rescue Station 7) to cover emergency calls on the west side of the Crossing. Since the closure of the Crossing, the Jacksonville Fire and Rescue Department has modified its response procedures to handle fire and rescue calls for the west side of the Crossing by placing a new fire and rescue station (Station 17) located on Huron Street, west of and less than two miles from the Crossing. Huron Street connects with St. Claire Street south of the Norfolk Southern crossing. Stations 7 and 17 cannot maximize their potential by providing overlapping fire and rescue services because of the closure of the Crossing. Instead, the two stations serve as backup units for each other. The change in fire and rescue response procedures was required in part due to the closure of the Crossing. It also was necessary to meet increasing demand for service on the west side of the Crossing and to ensure emergency service when there were simultaneous multiple calls. RLI and Tremron also are concerned that emergency services will not arrive timely if the Crossing is closed and the triangle area is sealed. RLI has 16 to 18 employees. In August 2001, a Norfolk Southern train was blocking 20th Street West and St. Clair Street when one of RLI's employees required emergency medical services. Norfolk Southern had to break the train so that rescue services could answer the emergency call. The rescue response time on that occasion was 12 minutes. Tremron has 12 employees. Sometime in 2001, Tremron had to call for emergency medical help for an employee who was experiencing an asthma panic attack. The emergency response vehicle took 30 minutes to respond to Tremron's facility. The record does not indicate whether a train sealed the triangle area at that time. Despite the above-referenced incidents, the average response times for the three fire and rescue zones in the area of the Crossing have significantly improved since its closure in 1998. For example, fire and rescue Zone 5370 includes the triangle area. The average response time for fire response in Zone 5370 was 6.1 minutes in 1997 and 4.7 minutes in 1999 and 2000. The average response time for emergency medical response in Zone 5370 was 8.6 minutes in 1997, 5.7 minutes in 1999, and 6.2 minutes in 2000. The Jacksonville Fire and Rescue Department considers six minutes to be the optimum response time for emergency medical response. Regardless of the closing of the Crossing, there may be times when fire and rescue vehicles need to request that a train be broken in order to access the triangle area. While fire and rescue personnel prefer that the Crossing be open, any restriction to fire and rescue vehicles as a result of the closure of the Crossing has not been and will not be excessive. The Jacksonville Sheriff’s Office has good overlapping vehicle coverage on both sides of the Crossing. There was no evidence presented that police calls have been or would be delayed as the result of the closing of the Crossing. There is evidence that the police do not patrol along Old Kings Road as often as they did before the Crossing was closed. Nevertheless, any restrictions to police patrol vehicles as a result of the closure of the Crossing have not been excessive. I. Effect of Closing on Rail Operations And Expenses Although CSXT has no business necessity to keep the Crossing closed, crossing accidents impact the railroad's operations. This occurs when train crews are relieved from duty and lose time from work dealing with the emotional effects or psychological trauma caused by witnessing serious accidents. Additionally, CSXT has significant liability exposure for crossing accidents at the Crossing, including physical and emotional injury claims brought by motorists, passengers, train crews and pedestrians based upon the proximity of the Crossing to the Moncrief Yard. So far, CSXT has paid approximately $500,000 for claims arising out of accidents at the Old Kings Road crossing, exclusive of attorney’s fees and costs. Amtrak has paid approximately $100,000.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That FDOT enter a final order granting CSXT a permit to close the Crossing. DONE AND ENTERED this 11th day of February, 2002, 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of February, 2002. COPIES FURNISHED: William Graessle, Esquire Winegeart & Graessle, P.A. 219 North Newman Street Fourth Floor Jacksonville, Florida 32202-3222 Eric L. Leach, Esquire Milton, Leach, D'Andrea & Ritter, P.A. 815 Main Street, Suite 200 Jacksonville, Florida 32207 Scott A. Matthews, Esquire Department of Transportation 605 Suwannee Street Mail Station 58 Tallahassee, Florida 32399-0450 Ernst D. Mueller, Esquire City of Jacksonville Office of the General Counsel 117 West Duval Street, Suite 480 Jacksonville, Florida 32202 Harold A. Shafer Centurion Auto Transport 5912 New Kings Road Jacksonville, Florida 32209 James C. Myers, Clerk of Agency Proceedings Department of Transportation 605 Suwannee Street Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32399-0450 Pamela Leslie, General Counsel Department of Transportation 605 Suwannee Street Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32399-0450
The Issue The standards for opening an at-grade railroad crossing are set forth in Rule 14-46.03(2), Florida Administrative Code, which provides: (a) Opening Public Grade Crossings - The foremost criteria in the opening of grade crossings is the necessity, convenience and safety of rail and vehicle traffic. Existing routes should be utilized where practical. Damage to the railroad company's operation and railroad safety consideration must be a factor in permitting a new grade crossing. ... The issues set out above and agreed to by the parties are: Necessity; Convenience (to the public); Safety to railroad and vehicular traffic; and Whether existing routes should be utilized.
Findings Of Fact Necessity The City's application for the proposed public rail crossing within the city limits would connect Buffalo Road with Marina Road over the FEC's mainline track from Jacksonville to Miami, Florida. Buffalo and Marina Roads meet at right angles at the railroad track, with Marina Road running north and south parallel to and east of the railroad track and Buffalo Road running east and west to the west of the railroad track. The proposed crossing would tie the ends of these two streets together making a loop to and from US Highway 1, a major arterial route running north and south. Buffalo and Marina Roads provide access to all property, businesses and activities located along them within this area. These primary activities include two public recreational parks, a public marina, a restaurant, and a boat building works located in that order northward along Marina Road; and the primary activities on Buffalo Road are the City's sewage treatment plant and another portion of the boat building works, both of which are located at the east end of Buffalo Road. The proposed crossing is not required to obtain access to any location along these roads which would otherwise be landlocked. It is only approximately 1.7 miles from one side of the railroad track to the other side by the existing route; however, few members of the general public would make such a trip because of the activities located by the railroad tracks. Most of the projected traffic over the proposed crossing would be through traffic exiting or entering the Marina Road recreational area. This traffic would travel to US Highway 1 via Marina Road and Buffalo Road. The distance from the existing exit at Marina Road and US Highway 1 to the Buffalo Road and US Highway 1 intersection over the proposed route is 0.9 of a mile, almost the exact distance of the existing route. While the crossing would have great utility to the boat works, it is not necessary to the company's operations. Similarly, the proposed crossing would create another route to the recreational area for ambulances from the hospital located several blocks north of the Buffalo Road/US Highway 1 intersection. This route via the proposed crossing would not shorten the trip appreciably and certainly is not necessary. It would be operationally better for the fire department to have two accesses into the industrial area located at the ends of Buffalo and Marina Roads; however, it is not necessary for the fire department to have two routes, as is demonstrated by their successful responses to fires at both portions of the boat works. In summary, the distances involved and the available access to activities and businesses along Buffalo and Marina Roads do not sustain a finding that the proposed crossing is necessary. Convenience Many of the facts above, while not establishing a necessity for the proposed crossing, do establish that the crossing would be convenient. Two accesses into the activities located along both roads would be convenient to regular traffic and ambulances. It would be operationally desirable for the fire department to be able to approach a fire along these two roads from two directions. The proposed crossing would provide almost direct access between the two portions of the boat works now separated by the track. The development of the expanded recreational facilities along Marina Road will increase traffic volume, and at the periods of highest use, for example during softball tournaments, there is already congestion of traffic exiting Marina Road onto US Highway 1. However, the existing Marina Roads US Highway 1 intersection has a level of service A, or no traffic congestion during normal peak use. Further, the intersection would have no less than a level of service C rating with traffic volumes projected after full development of the recreational facilities. Level of service C is the optimum level of service from a planning standpoint considering cost effectiveness. Level of service C would be maintained with projected traffic volumes in spite of the intersection's configuration and location on a banked curve on the incline of the US Highway 1 overpass over the FEC's tracks. This configuration is not the safest possible; however, plans exist to move the Marina Road/US Highway 1 intersection south several hundred feet. This will greatly improve the configuration of this intersection and eliminate the safety problems of the existing intersection. When budgeted and completed this will make this intersection much safer than it is currently. As stated above in relationship to the issue of necessity, the majority of the traffic over the proposed crossing would be exiting or entering the Marina Road recreational complex. A comparison of the distances involved shows that traffic traveling from the Marina Road intersection to the Buffalo Road intersection over the existing route is only slightly inconvenienced. Safety There are two primary safety considerations: Railroad traffic safety and vehicular traffic safety. Railroad Safety: There is an average of 28 trains daily over the FEC's mainline track between Jacksonville and Miami, Florida, at the site of the proposed crossing. The proposed crossing is located on a curve between two curves. The characteristics of the curve north of the proposed crossing prevent a southbound train's crew from observing the actual crossing until the train is 1,200 feet from the crossing site. Due to vegetation along the roadways, the train crew must be almost at the crossing before they can see approaching vehicular traffic. The southbound trains travel at a speed of 48 miles per hour at the site of the proposed crossing and could not stop for an obstacle on the track from the point of initial observation. The characteristics of the curve south of the proposed crossing prevent the engineer of a northbound train from observing the crossing until very close to the crossing. Northbound trains travel at a speed of 35 miles per hour and would encounter great difficulty in stopping within the distance they would first observe an obstacle on the track. Vegetation and buildings restrict the northbound train crews observation of the vehicular approaches along Buffalo Road. This vegetation also restricts a driver's visibility of trains approaching from both the north and the south in three of four quadrants around the crossing. The restricted visibility makes train and vehicular traffic dependent upon warning signals and crossing protection devices. These devices suffer vandalism which can make them inoperable. The isolated location of the crossing would permit vandalism, as indicated by the damage to the dead end sign at the end of Buffalo Road observed during the view of the site. The FEC's data indicates that crossing warning devices do not eliminate crossing accidents. The FEC increased the number of protected crossings from 373 in 1976 to 510 in 1980, while the number of accidents at such crossings increased from 22 in 1976 to 42 in 1979. Such devices are not a substitute for good crossing layout and visibility. The dangers of this proposed crossing would place a continuing strain on train crews, and the only means of providing the margin of safety necessary is to slow the train's speed. This would adversely affect rail operations. Vehicular Safety: The layout of the proposed crossing creates hazards to vehicular traffic. To negotiate the crossing, north and southbound traffic would have to make a sharp 90-degree turn. At the proposed crossing the two roads have different widths and different elevations, making vehicle control and observation over the crossing's crest difficult. In addition Buffalo Road shifts its alignment to the left just prior to the crossing site. A southbound vehicle traveling east on Buffalo Road toward the crossing would have to move left just prior to the point where the road would widen and then make a right turn over the crossing. Failure to move left will cause a vehicle to hit the right cantilever standard, and failure to make the right turn will cause the vehicle to leave the roadway. The lack of room east of the track requires northbound traffic to approach the crossing parallel to the track and then make a 90-degree turn to cross the track. Again, the crossing's crest poses an obstacle to visibility of approaching traffic. The approach speeds for north and southbound traffic are extremely high for the proposed curve. Even with lower posted speed limits the isolation and road conditions will permit speeding along both roads. All of these factors raise the possibility of loss of control, which may result in vehicles leaving the traveled way and plunging into low areas surrounding the roads. Vehicular traffic which fails to make the curve could even plunge into the railroad right-of-way. Problems with this sharp curve are compounded by the inability to bank the road's curve properly and still maintain clearance for rail traffic. There are multiple safety problems with the proposed crossing, which create extremely hazardous conditions for vehicular traffic without consideration of the fact that the driver must also be alert for trains. The dangers at the existing intersection of Marina Road and US Highway 1 are small compared to those of the proposed crossing. In summary, the proposed crossing will expose the public to substantially greater dangers than those of the existing route. Use of the Existing Crossing There is an elevated, grade-separated crossing on US Highway 1 just south and slightly west of the proposed crossing. This provides class A service, the highest level of service possible, to vehicular traffic moving north and south on US Highway 1, or the same traffic which would use the proposed crossing. The US Highway 1 overpass, which is a four-lane major arterial road, will meet the projected traffic volumes until the year 2000. This existing crossing eliminates a railroad/vehicular traffic conflict point entirely. The US Highway 1 overpass provides the safest means of crossing the FEC's track for both rail and vehicular traffic at no appreciable inconvenience.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the agency head deny the application to open an at-grade crossing at Buffalo Road. DONE and ORDERED this 11th day of March, 1981, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 11th day of March, 1981. COPIES FURNISHED: Appendix I (map) Appendix II (exhibits) Dwight W. Severs, Esquire 509 Palm Avenue Post Office Box 669 Titusville, Florida 32780 Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 John W. Humes, Jr., Esquire Florida East Coast Railway Company One Malaga Street St. Augustine, Florida 32084 APPENDIX II LIST OF EXHIBITS City of Titusville (Petitioner) Traffic analysis report prepared by Kimley-Horn & Associates, Inc. 1980 arterial street plan Sand Point Park plan Revision to Sand Point Park plan Street map of the City of Titusville Aerial photograph initialed by the parties Ten photographs of proposed crossing and surrounding area initialed by the parties Construction plans for crossing Assessor's map Traffic analysis prepared by Tipton & Associates, Inc. Nineteen photographs initialed by the parties Composite 12 photographs of proposed crossing Zoning Map of City of Titusville Commercial Map of Greater Titusville with residences of players indicated Memorandum - Orr to Buschman regarding Accident Record, Marina Road/US Highway 1 Kimley-Horn Traffic Study, Marina Road/US Highway 1 without crossing Kimley-Horn Traffic Study, Marina Road/US Highway 1 and Buffalo Road/US Highway 1 with crossing Florida East Coast Railway Company (Respondent) Memorandum - File from Fernandez regarding Buffalo Road Crossing Manual of Uniform Standards, Department of Transportation Extract from Titusville Ordinance Data for number of at-grade crossings and types of devices Appendix II - Page 1 Number of Crossing Accidents by Type of Device Damage to Crossing Devices Not received Not received Profer - Affidavit of Fondren regarding materials in proposed crossing
Recommendation Based upon the above findings of fact and conclusions of law, it is RECOMMENDED that the application of the L&N Railroad Company to close the Johnson Street or Post Office Road rail/highway crossing be DENIED. Respectfully submitted this 24th day of October, 1979, in Tallahassee, Florida. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Dawn E. Welch, Esquire Beggs and Lane Post Office Box 12950 Pensacola, Florida 32576 John Dowd, Esquire Post Office Box 129 Fort Walton Beach, Florida 32548 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building 605 Suwanee Street Tallahassee, Florida 32304 Secretary William N. Rose Department of Transportation Haydon Burns Building 605 Suwanee Street Tallahassee, Florida 32301
Findings Of Fact By application the Florida East Coast Railway Company seeks a permit to close an existing at-grade public railroad crossing located at Sebastian/Bay Street, Roseland in Indian River County, Florida. There exists a public at-grade railroad crossing 681 feet immediately to the south of the subject crossing at the intersection with Roseland Road. This crossing is protected by a full complement of automatic warning devices, consisting of flashing lights, ringing bells and gate. Roseland Road is a paved highway and well travelled. The subject crossing is an old crossing having been established approximately in 1907. There exists a visibility factor adverse to train and motoring public as a result of an elevation of approximately four (4) feet and of natural growth but there as been no known crossing accident in over some seventy (70) years. Traffic over this railroad crossing is not heavy. There exists a growing residential community to the west and east of this railroad crossing. The Sebastian River Medical Center (hospital) exists on the east. Fire protection for this area exists on the east. Testimony of users and letters oppose the closing of the crossing because the historical value of the railroad crossing, the location of the crossing for fire protection purposes, the location of the crossing for the health and welfare due to the location of the Sebastian River Medical Center, the only hospital located in the north end of the county; and the ease and convenience for the Roseland community reaching the main thoroughfare known as U.S. #1. The public crossing on Roseland Road is a busy crossing serving a much travelled road and is well signalized. In order to use this crossing it is essential to enter a busy highway. The people belonging to the church and the personnel of the medical facility use the Sebastian/Bay Street crossing; school children use it and the residents of the Roseland area, many of whom are elderly, use it.
Findings Of Fact Sebastian has applied for a Department permit to open a public at-grade crossing of the Railway's right-of-way near Mile Post 218 + 146'. The proposed Stratton Avenue crossing of the railroad track is part of a planned eastward extension of Barber Street and Stratton Avenue. If completed, this extension will provide a new arterial road connecting the southeast interior section of Sebastian with U.S. Highway 1. (Stip.; P-2 (d); R-1) The proposed Stratton Avenue crossing will have an 80 foot right-of-way and eventually accommodate four lanes. During the permitting process, its alignment has been modified to provide for greater vehicular sight distance. Although the proposed Stratton Avenue extension does not cross the tracks at right angles, which would provide maximum sighting of oncoming trains, it is likely that further improvements in alignment can be made. Nevertheless, the alignment, as proposed, complies with standard engineering criteria contained in the "Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways." (P-2 (d); Testimony of Adair) The alignment of the proposed crossing would allow for a 45 mile-per- hour speed limit. Twenty-four trains currently pass this section of track each day. The train speed limit is 65 miles-per-hour. (R-2) The proposed crossing will be provided with cross-bucks, gates, and flashers. The parties have stipulated that Sebastian will install, at its own expense, active grade crossing traffic control devices meeting the criteria of Rule 14-46.03(3), Florida Administrative Code. (Stipulation) Applications to open public at-grade crossings are measured by three criteria: convenience, safety of rail and vehicle traffic, and necessity. Existing routes must first be utilized when practicable. Damage to a railway's operation and safety must be considered. And when estimated traffic approaches 30,000 vehicles a day on main line tracks, the applicant must perform a cost- benefit analysis to determine if grade separation is warranted. See, Section 14-46.03(2)(a), Fla. Admin. Code. II. CRITERION 1: CONVENIENCE The proposed Stratton Avenue crossing would be convenient and provide several advantages to residents of Sebastian. (A map showing the location of the proposed crossing is attached for easy reference.) Improved Access to Hurricane Shelter. Sebastian Elementary School has recently been built at the intersection of Schumann Drive and south Barber Street. (Stratton Avenue will connect Barber Street with U.S. 1.) This school serves as a hurricane or civil defense fallout shelter for Sebastian and northern Indian River County. The proposed Stratton Avenue extension would provide an additional access route and facilitate evacuation of residents from U.S. 1 to the shelter. (TR-53-55) Improved Access to Sebastian Elementary School. The new school serves students located throughout the northern part of Indian River County. Currently, 42 school buses transport students to and from the school using Powerline Road (a dirt road unsatisfactory for bus traffic) and Schumann Drive (a road which traverses a residential neighborhood). A majority of these buses would use the proposed Stratton Avenue extension since it would be paved and would avoid built-up residential neighborhoods. The latter advantage may be short-lived, however, because Stratton Avenue will traverse a residential area which will eventually be developed. The Stratton Avenue extension would also benefit parents who bus their children to school because it would provide a new access road from U.S. 1. The School Board of Indian River County supports the Stratton Avenue extension and crossing because of the increased access provided to school buses and parents. (Testimony of Solin, Tipton, R-1, P-4) Improved Fire and Police Access to the Elementary School and South Sebastian. The proposed Stratton Avenue extension, with crossing, will enhance fire, police, and emergency service access to the elementary school and residential areas of south Sebastian. Currently, fire and police vehicles reach the south and southwestern portions of the city by proceeding south one and three quarters miles on Schumann Drive (which is one and three quarters miles north of Stratton Avenue), then south on Barber Avenue to the residential areas. The Stratton Avenue extension would provide a shorter and more direct route so emergency vehicles could respond more quickly. (Testimony of Solin) Improved Access to U.S. 1 from South Sebastian Residential Areas. Residents living in south and southwest Sebastian would have improved access to U.S. 1 and coastal areas if the extension, with crossing, is built. Residents traveling east on Barber Street would have a shorter and mode direct route to U.S. 1 and the coast. Two county road improvements planned for completion during the next two years will, however, improve access to and from Sebastian Elementary School and U.S. 1. Powerline Road will be widened and paved; Schumann Drive will be extended to Wobaso Road, as shown on the attached map. 2/ III. CRITERION 2: SAFETY The design and alignment of the proposed crossing meets or exceeds all safety and engineering standards of the Department, and no party asserts otherwise. The design will allow clear, though not optimum, visibility by both vehicle and train traffic. (Testimony of Murray, Adair, Tipton; P-2 (d), R-1) The proposed crossing will, however, provide a new point for potential collision between trains and motor vehicles, with resulting property damage, injury, and loss of life. Currently, 24 of the Railway's trains pass the crossing site each day, with a permissible speed of 65 miles-per-hour. The proposed crossing will increase the potential for collision between motor vehicles and trains. (Testimony of Tipton; P-16) The frequency and seriousness of grade-crossing accidents are cause for concern. In 1978, there were 1,122 grade-crossing fatalities, nationwide. Between 1979 and 1983, there were 177 grade crossing accidents involving the Railway's trains; 18 people were killed and 66 injured. These accidents occurred despite the fact that the Railway's public crossings are equipped with gates, bells, and lights. (Testimony of Tipton) It is generally recognized that, assuming equal volumes of vehicular traffic, the potential for accidents is directly related to the number of crossings. (Testimony of Tipton; R-1) IV. CRITERION 3: NECESSITY Although completion of the proposed Stratton Avenue extension, with crossing, would benefit Sebastian residents, there is no genuine need or necessity for the extension. Existing roads and crossings, with minor improvements (many of which are already planned or underway) can safely and adequately accommodate existing vehicular traffic and traffic demands projected for the next five years. (Testimony of Tipton; R-1) The Railway contracted for an in-depth traffic engineering study to determine whether the proposed at-grade crossing is needed for transportation purposes. That study, which is credible and accepted as persuasive, concludes that the existing roads and crossings serving the area north and south of Stratton Avenue can, with minor improvements, safely and adequately accommodate traffic demands reasonably projected for the next five years. (R-1) In conducting the study, William E. Tipton, an expert traffic transportation engineer, collected and analyzed four kinds of data: 1) Population growth projected in the area of the proposed crossing within the next five years; 2) Traffic characteristics at intersections and crossings near the proposed crossing; 3) Daily traffic counts at those intersections; and 4) Roadway improvements planned for the near future. (R-1, Testimony of Tipton) Existing traffic on the nearby intersections was counted and adjusted to derive peak season and peak hour conditions. Applying standard capacity measurements, the study indicates that, currently, 52 percent of the existing capacity of State Road 510 is used during peak conditions; 20 percent of the capacity of 87th Street is used; and 26 percent of Vickers Road. It is apparent that these roads currently have excess capacity and are underutilized. As Mr. Tipton stated: "I could have laid down in the road for a while while we were out there counting traffic, because the traffic was that low." (TR-119; Testimony of Tipton; R-1) The impacts of traffic generated by additional residential development projects planned for completion during the next five years was then analyzed. Traffic from these particular developments, assumed to be 100 percent occupied, was then assigned to nearby roads and a critical movement analysis was performed for each intersection. Level of Service "D" is the design standard which is normally deemed acceptable for peak hour, peak season traffic conditions. With the following minor improvements, the nearby intersections can provide "D" service or better during the next five years, without construction of the Stratton Avenue extension and crossing: 1) installing a signal at the intersection of U. S. 1 and 510, which is already underway; 2) adding a right turn lane on the south leg of U.S. 1 at this same intersection; 3) installing a traffic signal at the intersection of U.S. 1 and Schumann Drive to allow a left turn-out; 4) adding a left turn lane on the south leg of State Road 5A at the intersection of 510 and 5A. (TR 122-123) The cost of the proposed Stratton Avenue extension will exceed, many times over, the cost of these relatively minor intersection improvements. (Testimony of Tipton; R-1) Although the south Sebastian area was extensively platted for residential development during the 1960s, it remains sparsely populated today. It is projected fifty percent "build-out" will occur in 15 years, and full "build-out" in 30 years. At some point in the future the proposed Stratton Avenue extension will, undoubtedly, be needed but it is reasonably certain that it will not be needed for transportation purposes for at least five years. (Testimony of Tipton) V. NO DAMAGE TO RAILWAY OPERATIONS AND NO NEED FOR A GRADE SEPARATION COST-BENEFIT ANALYSIS There is no evidence that the proposed extension and crossing will damage or interfere with operations of the Railway. Should the Stratton Avenue extension and crossing be built, it is estimated that traffic use will ultimately approach 31,830 vehicles, but this will not occur within 20 years, the period considered to be a reasonable planning cycle for road improvements. No cost-benefit analysis was performed by Sebastian (to determine whether a grade separation is required) because the traffic projections did not approach 30,000 within a 20-year period. Further, there is no evidence that either the Department or the Railway ever requested that such an analysis be done. The parties' prehearing stipulation fails to indicate that the requirement of a cost-benefit analysis is at issue.
Recommendation Based on the foregoing, it is RECOMMENDED: That Sebastian's application for a permit to open the Stratton Avenue at- grade public railroad crossing be denied, without prejudice to its right to reapply in the future should circumstances warrant it. DONE and ENTERED this 23rd day of November, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of November, 1983.
