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 application of the Florida East Coast Railway Company (FEC) to close the subject railway crossing should be dismissed for lack of regulatory jurisdiction.
Findings Of Fact Petitioner owns and operates a propane gas distribution facility adjacent and parallel to the FEC railroad track within the Town of Lantana. The railroad track is between Petitioner's facility and U.S. Highway 1. To reach its property from U.S. Highway 1, Petitioner's employees must utilize a railroad crossing commonly known as Gator Culvert. The Gator Culvert is an at-grade railroad crossing. On October 13, 1948, the Town of Lantana acquired a right-of-way for road purposes at the Gator Culvert from Everett Wurtz, Petitioner's predecessor in title. On December 13, 1948, FEC and the Town of Lantana entered into a one-year renewable license to use the crossing for public road crossing purposes contingent upon the Town of Lantana assuming the cost of maintaining the crossing. On June 26, 1979, the Town of Lantana quit-claimed its interest in the right-of-way to Gator Culvert.2 On March 29, 1996, Petitioner filed suit against FEC seeking declaratory and injunctive relief regarding its rights to use the Gator Culvert crossing. This litigation is pending in Circuit Court in Palm Beach County, Florida. On June 28, 1996, FEC filed the subject application with Respondent for authorization to close the Gator Culvert crossing. On October 2, 1996, Petitioner amended the complaint that underpins the Circuit Court litigation to join Respondent and the Town of Lantana as defendants. By Count One of the Amended Complaint, Petitioner (referred to as Plaintiff in the Circuit Court pleadings) requests the Court to: . . . grant a declaratory judgment ruling that Plaintiff has a way of necessity purusant to F.S. Section 704.01(1) and that Defendants FEC, FDOT, and Town of Lantana may not close the crossing and thereby prevent Plaintiff's use of its way of necessity. Plaintiff further requests a trial by jury pursuant to F.S. Section 86.071. By Count Two of the Amended Complaint, Petitioner requests the Court to: . . . grant a declaratory judgment ruling that Plaintiff has a prescriptive easement and that Defendants FEC and the Town of Lantana may not close the crossing and thereby prevent Plaintiff's use of said easement. Plaintiff further requests a trial by jury pursuant to F.S. Sectioln 86.071. By Count Three of the Amended Complaint, Petitioner requests the Court to: . . . enter a temporary and permanent injunction restraining and enjoining Defendant, FDOT from granting FEC's application to close the crossing; to restrain and enjoin Defendant FEC from ceasing to maintain and from closing the railroad crossing which provides the only access to Plaintiff's property; and to restrain and enjoin the Town of Lantana form executing the Stipulation for Approval of Closure3 or participating in any way with the attempted closure of said crossing. Count Four of the Amended Complaint pertained only to the Town of Lantana and did not involve Respondent. On August 14, 1998, Respondent published its Notice of Intent to Dismiss Application to close the subject railroad crossing in the Florida Administrative Weekly. This notice set forth Respondent's rationale for dismissing the application to close the Gator Culvert crossing that FEC had filed June 28, 1996, in pertinent part, as follows: . . . The history of the crossroad, and its current condition indicate that it is not a public road. In particular, on the 26th day of June 1979, the Town of Lantana quit- claimed its interest to the right of way for public road purposes to Gator Culvert. While the prior status of the road as a public road is in doubt, this transaction effectively abandoned the right of way as a potential public roadway. Because the crossing is not a public railroad-highway grade crossing, the location is not subject to the Department's jurisdiction pursuant to Section 335.141, Florida Statutes. . . . On September 4, 1998, Petitioner timely filed its Petition for Formal Administrative Hearing with Respondent, the pleading that underpins this proceeding. On September 10, 1997, the Respondent issued a rails inventory that identified the Gator Culvert crossing as a private crossing. Scott Allbritton, Respondent's Rail Programs Engineer, reviewed and assessed the documents in the public record in processing FEC's application that were necessary and appropriate to determine whether the subject crossing was public or private, thereby determining whether Respondent lacked jurisdiction to regulate the subject crossing. His investigation revealed that the record title to the subject crossing was private. Based on Mr. Allbritton's investigation, Respondent determined that it lacked jurisdiction to regulate the subject crossing since it was not a public crossing. Respondent did not act in an arbitrary or capricious manner in making that determination. Respondent does not attempt to adjudicate real property disputes by its administration of the statutorily mandated railroad/vehicular traffic crossing program.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order that dismisses this proceeding. DONE AND ENTERED this 17th day of February, 1999, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 17th day of February, 1999.
Findings Of Fact After receiving evidence, hearing testimony and personally visiting the site of the subject railroad crossing and the area the crossing serves, I find: The subject of this hearing is a railroad crossing located 2,423 North of Seaboard Coast Line Railroad Company Mile Post SPA-803 in an area designated Four Points Way on the west side of South Adams Street, Tallahassee, Leon County, Florida. Petitioner, Florida Department of Transportation, contends that the crossing is now a public crossing and should be closed or appropriate safety equipment should be installed. The safety engineer for Petitioner recommends flashing lights and gates. Respondent contends that the present signalization is adequate and the crossing should not be closed; that the railroad should maintain the current safety signalization at the existing crossing and that appropriate markings should be made at the highway and street approach to the crossing. Public use has increased from a few crossings per day to a 24-hour count of 1,186 vehicles on an average day in July, 1978. The increase in traffic has been generated by the number of business establishments in the industrial area and increased business. A large business catering to home owners has generated a large amount of business in recent years. The railroad crossings and streets make a complicated and congested traffic pattern: The subject crossing is located West of South Adams Street (State Road 363) on a paved but privately owned paved and curbed street which serves the industrial area. There is a short street connecting South Adams Street and South Monroe Street (State Road 61) directly across South Adams Street from the subject crossing. The area intersection has two major highways, South Adams and South Monroe, crossing each other with several exits and entrances. There have been many reported traffic accidents. The Panhandle Concrete Industry, Inc., is a concrete plant which has an entrance intersecting with the private paved road in the industrial park area West of the railroad. It uses the subject railroad crossing. Directly to the East and South of the subject crossing is a public generated unimproved road intersecting with South Adams Street, a short distance from the crossing. Approximately 600 feet North of the subject crossing is a paved but non-signalized crossing that is used by the general public doing business with Carpet City, The Canoe Shop, Home of Fibercell Manufacturing, Inc., Signs by Matlock, and a Department of Education warehouse. It appears that said crossing is subject to regulation by petitioner under Section 338.21(3), Florida Statutes. Approximately 1,000 feet North of the subject crossing is a public crossing on Bragg Drive. This crossing is marked by railroad cross bucks. There is an entrance to Bragg Drive from the Department of Education warehouse and also from the foregoing named businesses primarily served by the paved but non-signalized crossing. Respondent, Albritton-Williams, requested a permit for the opening of an at-grade public crossing on October 22, 1973. Thereafter, at a public hearing on July 15, 1974, it moved to amend the application so it could pave the subject crossing and contended that the crossing was in fact a private crossing. On November 6, 1974, the Recommended Order, which was adopted as the Petitioner's Final Order, concluded that the crossing was a private crossing and that the Florida Department of Transportation had no jurisdiction. Thereafter, the owners of the industrial area paved the street to serve the private business interests of the industrial park. Subsequent to the issuance of the Recommended Order, and subsequent to the paving of the street, the Petitioner, Florida Department of Transportation, determined that the formerly designated private crossing is in fact a public crossing and that the Petitioner has and should exert regulatory authority over the crossing as required by Section 338.21, Florida Statutes. It petitioned for subject hearing. There are a number of owners and lessees of the area including: Panhandle Concrete Industries, Inc.; Scottie's; Eli-Witt Company; Four Points Industrial Park and Albritton-Williams, Inc. These owners and lessees are all businesses which invite the public to their doors and presently require the crossing of subject railroad both to and from the businesses. There is no other improved exit or entrance to the industrial and business area. The roadways within the park have not been dedicated to the City, County or State. The Seaboard Coastline Railroad uses the three tracks enroute Lo St. Marks, Florida, three days a week, twice each day, travelling between ten and twenty miles per hour. The three to eight car train runs in the afternoons between 3:00 o'clock and 4:00 o'clock to St. Marks and returns. The tracks run North and South and the road runs East and West. The testimony elicited stated that the train takes about five minutes per crossing, six times each week, twice each day on Mondays, Wednesdays and Fridays. The rail highway grade crossing index introduced into evidence placed the crossing at 2,848 on a priority rating the highest being 8 and the lowest being 5,639 for corrective action at public railroad crossings in the State of Florida. The accident potential of subject crossing is 06 on a scale of 40.19. There have been no reported accidents at the subject crossing. The vehicular traffic at the crossing can back up on South Adams Street at the time of the crossing of the train for the reason that the area between the closest railroad track and the outer edge of the travel lane going South on Adams Street is approximately 90 to 95 feet with storage for about three vehicles. Highway and street approach markings although helpful would not solve the problem of congested traffic. The property that the existing crossing serves is within the cite limits of Tallahassee, Florida. The proposed order of the Respondent has been examined and each proposed fact has been treated in this Order. The Hearing Officer further finds: The subject crossing is a public crossing and there has been a crossing in said general area which had been used by the public in excess of twenty years. There is a need for a railroad crossing to serve the industrial area that stretches from the privately paved road of Respondent North to Bragg Street and South of the concrete plant. A crossing in the area is required for the convenience of the business interest in the area. The subject crossing creates a hazard because of its location directly West of South Adams Street and across from the short cross-connection between South Adams Street and South Monroe Street. This hazard is increased by other cross-connections between these major streets and by a public railroad crossing on State Road 61, South Monroe Street approximately 400 feet South of the subject crossing. The hazard is caused by the location of the crossing rather than the crossing itself.
Recommendation Close the crossing in not less than 90 days or more than 100 days from date hereof. Upon petition by the respondent or other interested parties, open a crossing to serve the needs and convenience of the owners and lessees at the closing of the subject crossing at a location that will not cause a traffic hazard and will meet standards required by the Petitioner, Department of Transportation. Consideration should be given to directing all traffic crossing the railroad to one crossing serving the entire commercial area which includes interests in addition to respondents. The non-signalized crossing should be scrutinized. DONE and ENTERED this 6th day of November, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Frank King, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Roy T. Rhodes, Esquire Post Office Drawer 1140 Tallahassee, Florida 32302 Jesse F. Warren, Jr., Esquire Post Office Box 612 Tallahassee, Florida 32302 E. Eugene Buzard Seaboard Coast Line Railroad 500 Water Street Jacksonville, Florida Rhett Miller, City Engineer City Hall Tallahassee, Florida 32304 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN RE: Petition of State of Florida, Department of Transportation for closing of, or in the alternative, installation of appropriate safety equipment at, CASE NO. 77-1751 a public at-grade railroad crossing 2,423 feet north of Seaboard Coastline Railroad Company Mile Post SPA-803 and a proposed street at Four Points Industrial Park in Tallahassee, Florida. /
Findings Of Fact Proposal 1.. The proposed railroad crossing is requested on the basis of increased vehicular traffic at Tenth Street and Old Dixie Highway, and projections of still heavier traffic by the year 2000. Current traffic is 13,700 vehicles per day, and the level of traffic is projected to be over 50,000 vehicles per day by 2000. At this time traffic must move from Tenth Street to Old Dixie Highway using the existing crossing at Park Avenue. This necessitates two opposite 90- degree turns to move from one north/south street to the other. These two turns slow the traffic movement at Park Avenue. Expert testimony was received that current traffic has exceeded the design capabilities of the Park Avenues Tenth Street/Old Dixie Highway intersections. Old Dixie Highway and Tenth Street constitute one of the major north/south traffic corridors in Palm Beach County. The proposal would extend Tenth Street south and cross the Florida East Coast Railway (FEC) tracks running directly into Old Dixie Highway. However, the Park Avenue crossing would be retained, because Park Avenue is a major east/west corridor. No study of an off-grade crossing was made, because the County had earlier made a cost analysis of such a crossing at Okeechobee Road, the most heavily traveled crossing in the County, and it was determined not to be cost effective. Because the traffic count was lower at the proposed crossing, a study of the proposal was not undertaken. The proposal is advantageous to the County, which owns much of the proposed right of way. Necessity Clearly, it would be advantageous to correct the traffic tie-up, which does exist, at Park Avenue/Tenth Street/Old Dixie Highway. Necessity to clear up the traffic was demonstrated; however, it was not demonstrated that this crossing would substantially improve the design limits of the area. Under the proposal the Tenth Street/Old Dixie Highway would interconnect more directly; however, the traffic flow north/south would be broken by the east/ west traffic flow on Park Avenue over the existing crossing 235 feet north of the proposed crossing. The intersections and crossings resulting from granting the application would not meet the design needs to handle the projected 52,000 vehicles per day. Convenience It would be convenient for motorists on Tenth Street and Old Dixie Highway to avoid the two opposing 90-degree turns, and to a degree more convenient to motorists traveling east/west on Park Avenue. It would be convenient to the County, which owns a portion of the proposed right of way. However, the FEC would have to remove an existing switching track, railroad users in the area would suffer to a degree from the loss of that track, and it would cost the FEC $70,000 capital cost in replacing the existing tracks and $16,000 to $35,000 annually in increased operating costs. These costs would be passed onto the users and ultimately onto the consumers of those products shipped by rail. The longer switching time caused by movement of the tracks would also adversely affect the operations of one of the primary users of the railroad cars by delaying spotting of empty cars necessary to commencement of its daily operations. Convenience of the motorists on Park Avenue and Tenth Street/Old Dixie Highway would be adversely affected by the 28 train movements over the Park Avenue and proposed crossings each day. Safety The proposal would not enhance safety. The proposed crossing would cross the railroad tracks at substantially less than the 70 degrees recommended in the Department of Transportation's standards. In addition, the proposed crossing would be only 235 feet south of the Park Avenue crossing and approximately 700 feet north of the Lake Park crossing. Three crossings within this distance create greater potential for danger than two crossings. There is more potential for mechanical failure, one more location for a crossing mishap to occur, and greater potential for human error by either engineers or motorists. The engineer, for example, would not have enough room to blow the required whistle signals between the crossings, and would have to observe vehicular traffic at the Park Avenue and proposed crossing at the same time. General No evidence was presented concerning alternative traffic routes, feasibility studies of this specific crossing as an offgrade crossing, or overall benefits and detriments to both highway and railroad users. The proposed crossing would temporarily solve the existing traffic problem but at severe and recurring cost to the FEC and railroad users. While some changes may be necessary to improve traffic flow, the use of the existing switching tracks is necessary to effective and economical use of the railroad by its users. The danger to vehicular and railroad traffic would be increased by the proposed crossing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of Transportation should deny the application for the at-grade crossing. DONE and ORDERED this 6th day of March, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 Lawrence C. Griffin, Esquire Assistant County Attorney Palm Beach County Courthouse Post Office Box 1989 West Palm Beach, Florida 33402 John W. Humes, Jr., Esquire Florida East Coast Railway One Malaga Street St. Augustine, Florida 33804 James F. Jackson, Esquire 433 Seventh Avenue Post Office Drawer K West Palm Beach, Florida 33402
The Issue The granting or denial of permits to open and to close public at-grade railroad crossings as provided by Section 338.21, Florida Statutes, 1973.
Findings Of Fact The petitioner is in the process of constructing a major vehicular traffic facility linking U.S. Highways 17 and 92 with Interstate Highway 4. All administrative and legal prerequisites for the project have been accomplished and sanctioned by court order. The project, as designed, requires a realignment of Greenwood Road. It also requires the closing of an existing artery in this portion of Collier County and at present it dead-ends at Goodlette Road. The county's long-range road plans provide for expanding State Road 951A to the west to join U.S. 41, or to connect with a road in the city that would join U.S. 41. Pending the acquisition by the city of the right to cross the railroad track, the county has not obtained any rights-of-way that will be required to connect the proposed Coastland Boulevard with SR 951A from its intersection with Goodlette Road. In Exhibit 2 the connection of these two arteries is indicated in the yellow area on the map, which shows Coastland Boulevard crossing Goodlette Road, and extending in an inverted curve northward to join SR 951A. In the absence of the actual acquisition of the rights-of-way, however, the portion indicated on Exhibit 2 east of Goodlette Road is a general proposal rather than a specific indication of where the road will be placed. The proposed rail grade crossing insofar as the city is concerned and without considering any further action by the county, would result in a road that would cross the railroad track and dead-end on a north-south artery road. Some 700 feet to the north is SR 951A, which presently dead-ends at the eastern right-of-way of Goodlette Road. Some 200 feet to the north of SR 951A and leading to the westward of Goodlette Road is 22nd Avenue North, which also dead- ends at Goodlette Road. Without further action by Collier County to extend the proposed Coastland Boulevard across Goodlette Road there would be three T- intersections on Goodlette Road within a span of less than 1,000 feet. From the foregoing it is concluded that there is an urgent need for the proposed new boulevard and a grade crossing over the Seaboard Coastline Railroad tracks. It is further concluded, however, that to allow this crossing without extending the proposed Coastland Boulevard to the east of Goodlette Road would not be in the best interest of the safety of vehicular traffic in Use area concerned. It is therefore, RECOMMENDED that the petition of City of Naples, Florida to install a railroad grade crossing in the vicinity of the proposed Coastland Boulevard and 603 feet south of Seaboard Coastline Railroad Company mile post AX999 in Naples, Florida be approved subject to Collier County taking official action to extend Coastland Boulevard eastward of Goodlette Road. It is further RECOMMENDED that final approval of this grade crossing be withheld until such time as the City of Naples and Collier County submit to the Department evidence that the necessary rights-of-way have been acquired and money has been appropriated for the construction of that portion of Coastland Boulevard east of Goodlette Road. DONE and ORDERED this 12th day of September, 1975 at Tallahassee, Florida. K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Julian Clarkson, Esquire Philip Bennett, Esquire General Counsel's Office Seaboard Coastline Railroad Company 500 Water Street Jacksonville, Florida 32202
Findings Of Fact Petitioner, the Deltona Corporation, is managing a development known as Rotonda owned by Cape Cave Corporation and desires to open two at-grade railroad crossings from this development to SR 771, the major road providing access to and from the development. Both of these crossings were previously approved by the railroad and the county agreed to maintain the crossings once installed. However Petitioner desires to relocate the crossing previously existing at Rotonda Boulevard 50 feet to the north and change Ingram Boulevard crossing to a four lane road. The proposed crossing at Ingram Boulevard is some 2300 feet north of Rotonda Boulevard. The hurricane evacuation route for the people in the area to SR 771 is over Rotonda Boulevard. Most of the lots in the Rotonda development have been sold and the developer is not in the process of installing the streets. It is Petitioner's position that the additional crossing at Ingram Boulevard is needed to provide egress for the Rotonda residents when the other crossings congested with hurricane evacuation traffic. Neither of the roads involved approach the railroad at a right angle. Proceeding northeast Rotonda Boulevard parallels the railroad until just before reaching the point of crossing when Rotonda Boulevard turns 60 degrees to 70 degrees to the right. The track is then crossed at an angle of some 30 degrees from normal. The approach at Ingram Boulevard turns about 30 degrees to the right when proceeding eastward and the road then crosses the track nearly normal thereto. Additionally Antilla Drive joins Rotonda Boulevard at the point Rotonda turns right to cross the track thus creating a Y intersection immediately before the crossing. The view of the crossing at Rotonda Boulevard East is obstructed to some extent by vegetation and the angle of the crossing further impedes the safety features of this crossing. The approach to the Ingram boulevard crossing from SR 771 is nearly normal and from the development the angle is about 30 degrees. Accordingly the Ingram crossing, assuring proper signaling devices are installed, would provide the safer crossing. The SAL track here involved is infrequently used, with only one or two trains per day and the train speed is restricted to slow. Respondent, in regulating the crossings, prefers to have adjacent crossings of a track separated by considerably greater distances than one-half mile.
Findings Of Fact Transportation plans for Broward County made as long ago as 1965 provide for roads crossing the SCL tracks at N. W. 48th Street in Broward County and at S. W. 10th Street in Deerfield Beach. Both of these routes are now planned as principal E-W arteries providing four lanes of traffic. Rights of way for these routes both east and west of the SCL tracks have been acquired by the City of Deerfield Beach and by Broward County. Approaches for both of these arteries over the recently completed I-95 running just east of the railroad tracks have also been completed. Two crossings presently provide access from east of the tracks to the area here involved west of the tracks, one at SR 810 to the north and the other at Sample Road some 3 1/2 miles to the south. S. W. 10th Street in Deerfield Beach is just under one mile south of SR 810 also in Deerfield Beach, and N. W. 48th Street is outside the incorporated area of Deerfield Beach one mile south of S. W. 10th Street. The population of Deerfield Beach is approximately 31,000 and some 6,000 persons reside west of the SCL tracks. The largest development in Deerfield Beach west of the tracks is Century Village located south of and adjacent to SR 810. The only entry to and access from Century Village is via SR 810. In the event the crossing at SR 810 is blocked emergency access to Century Village and other areas west of the SCL tracks is via Sample Road or via the next crossing to the north in Palm Beach County some five miles north of SR 810. Fire protection for the unincorporated area of Broward County in the vicinity of N. W. 48th Street west of the SCL tracks is provided from the fire station approximately one mile east of the SCL tracks near SR 810 and US 1 in Deerfield Beach. To reach that area it is necessary to cross the tracks at SR 810, proceed west to Powerline Road, south to Sample Road, east to N. W. 9th Avenue, and north to the area. A similar route would have to be followed by other emergency vehicles either police or medical. Substantial growth of the area immediately west of the SCL tracks between SR 810 and Sample Road has occurred and developments are currently underway to provide numerous homesites, principally trailer park facilities, in this area. Sample Road has been widened to 6 lanes and is estimated to be 300 percent overcapacity if all land use plans predicated for the area are developed. Additional E-W arterial transportation routes are needed. SCL presently has a passing track or siding at the proposed S. W. 10th Street crossing. This siding is 5700 feet long and can accommodate 96 cars. Three-fourths of this track lies north of S. W. 10th Street and approximately 71 cars could be accommodated, on the portion of the siding north of S. W. 10th Street. This 5700 foot section of track is adjacent and parallel to the main track which presently carries 6 passenger and 6 freight trains per day plus approximately 2 switch trains per day. It is used to drop off cars for later pickup, for allowing north and southbound trains to pass, or for a passenger train to pass a freight train. Exhibit 16 was stipulated into evidence to show typical activity at this 5700 foot Deerfield Beach siding. During the period February 22, 1976 to April 13, 1976 the largest number of cars held on this siding at any one time was 68. Similar sidings (generally with greater capacity) exist at various places alongside SCL tracks. The cost of providing a grade separation crossing at the SCL tracks at either N. W. 48th Street or S. W. 10th Street is approximately one million dollars. While such a crossing would obviously be safer than a grade crossing, the cost to benefit ratio for the grade crossing over the grade separation crossing is 4.52 at 48th Street and more than 3 at S. W. 10th Street. The safety index for both of the proposed grade crossings with active safety warning devices is in the range of acceptability - each showing an accident probability of one every 11 years. Annual cost of the signals and warning devices to be installed on the grade crossing is some $21,000 a year while the cost of a grade separation structure is some $63,000 a year. Providing grade separation at S. W. 10th Street would necessitate the approach on the east of the track starting at about the same place the approach on the west side of I-95 starts, thereby effectively blocking any N-S access to S. W. 10th Street between I-95 and the SCL tracks. Although Exhibit 17 was not admitted into evidence one witness testified that the figures thereon, showing the cost of relocating the 5700 feet of siding at Deerfield Beach, were on the conservative side and would probably cost more. However, no evidence was presented that an at-grade crossing would render this siding useless for the purposes intended nor was any evidence offered to show that the value of this siding to SCL would be materially reduced by an at-grade crossing at S. W. 10th Street.
Findings Of Fact Sebastian has applied for a Department permit to open a public at-grade crossing of the Railway's right-of-way near Mile Post 218 + 146'. The proposed Stratton Avenue crossing of the railroad track is part of a planned eastward extension of Barber Street and Stratton Avenue. If completed, this extension will provide a new arterial road connecting the southeast interior section of Sebastian with U.S. Highway 1. (Stip.; P-2 (d); R-1) The proposed Stratton Avenue crossing will have an 80 foot right-of-way and eventually accommodate four lanes. During the permitting process, its alignment has been modified to provide for greater vehicular sight distance. Although the proposed Stratton Avenue extension does not cross the tracks at right angles, which would provide maximum sighting of oncoming trains, it is likely that further improvements in alignment can be made. Nevertheless, the alignment, as proposed, complies with standard engineering criteria contained in the "Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways." (P-2 (d); Testimony of Adair) The alignment of the proposed crossing would allow for a 45 mile-per- hour speed limit. Twenty-four trains currently pass this section of track each day. The train speed limit is 65 miles-per-hour. (R-2) The proposed crossing will be provided with cross-bucks, gates, and flashers. The parties have stipulated that Sebastian will install, at its own expense, active grade crossing traffic control devices meeting the criteria of Rule 14-46.03(3), Florida Administrative Code. (Stipulation) Applications to open public at-grade crossings are measured by three criteria: convenience, safety of rail and vehicle traffic, and necessity. Existing routes must first be utilized when practicable. Damage to a railway's operation and safety must be considered. And when estimated traffic approaches 30,000 vehicles a day on main line tracks, the applicant must perform a cost- benefit analysis to determine if grade separation is warranted. See, Section 14-46.03(2)(a), Fla. Admin. Code. II. CRITERION 1: CONVENIENCE The proposed Stratton Avenue crossing would be convenient and provide several advantages to residents of Sebastian. (A map showing the location of the proposed crossing is attached for easy reference.) Improved Access to Hurricane Shelter. Sebastian Elementary School has recently been built at the intersection of Schumann Drive and south Barber Street. (Stratton Avenue will connect Barber Street with U.S. 1.) This school serves as a hurricane or civil defense fallout shelter for Sebastian and northern Indian River County. The proposed Stratton Avenue extension would provide an additional access route and facilitate evacuation of residents from U.S. 1 to the shelter. (TR-53-55) Improved Access to Sebastian Elementary School. The new school serves students located throughout the northern part of Indian River County. Currently, 42 school buses transport students to and from the school using Powerline Road (a dirt road unsatisfactory for bus traffic) and Schumann Drive (a road which traverses a residential neighborhood). A majority of these buses would use the proposed Stratton Avenue extension since it would be paved and would avoid built-up residential neighborhoods. The latter advantage may be short-lived, however, because Stratton Avenue will traverse a residential area which will eventually be developed. The Stratton Avenue extension would also benefit parents who bus their children to school because it would provide a new access road from U.S. 1. The School Board of Indian River County supports the Stratton Avenue extension and crossing because of the increased access provided to school buses and parents. (Testimony of Solin, Tipton, R-1, P-4) Improved Fire and Police Access to the Elementary School and South Sebastian. The proposed Stratton Avenue extension, with crossing, will enhance fire, police, and emergency service access to the elementary school and residential areas of south Sebastian. Currently, fire and police vehicles reach the south and southwestern portions of the city by proceeding south one and three quarters miles on Schumann Drive (which is one and three quarters miles north of Stratton Avenue), then south on Barber Avenue to the residential areas. The Stratton Avenue extension would provide a shorter and more direct route so emergency vehicles could respond more quickly. (Testimony of Solin) Improved Access to U.S. 1 from South Sebastian Residential Areas. Residents living in south and southwest Sebastian would have improved access to U.S. 1 and coastal areas if the extension, with crossing, is built. Residents traveling east on Barber Street would have a shorter and mode direct route to U.S. 1 and the coast. Two county road improvements planned for completion during the next two years will, however, improve access to and from Sebastian Elementary School and U.S. 1. Powerline Road will be widened and paved; Schumann Drive will be extended to Wobaso Road, as shown on the attached map. 2/ III. CRITERION 2: SAFETY The design and alignment of the proposed crossing meets or exceeds all safety and engineering standards of the Department, and no party asserts otherwise. The design will allow clear, though not optimum, visibility by both vehicle and train traffic. (Testimony of Murray, Adair, Tipton; P-2 (d), R-1) The proposed crossing will, however, provide a new point for potential collision between trains and motor vehicles, with resulting property damage, injury, and loss of life. Currently, 24 of the Railway's trains pass the crossing site each day, with a permissible speed of 65 miles-per-hour. The proposed crossing will increase the potential for collision between motor vehicles and trains. (Testimony of Tipton; P-16) The frequency and seriousness of grade-crossing accidents are cause for concern. In 1978, there were 1,122 grade-crossing fatalities, nationwide. Between 1979 and 1983, there were 177 grade crossing accidents involving the Railway's trains; 18 people were killed and 66 injured. These accidents occurred despite the fact that the Railway's public crossings are equipped with gates, bells, and lights. (Testimony of Tipton) It is generally recognized that, assuming equal volumes of vehicular traffic, the potential for accidents is directly related to the number of crossings. (Testimony of Tipton; R-1) IV. CRITERION 3: NECESSITY Although completion of the proposed Stratton Avenue extension, with crossing, would benefit Sebastian residents, there is no genuine need or necessity for the extension. Existing roads and crossings, with minor improvements (many of which are already planned or underway) can safely and adequately accommodate existing vehicular traffic and traffic demands projected for the next five years. (Testimony of Tipton; R-1) The Railway contracted for an in-depth traffic engineering study to determine whether the proposed at-grade crossing is needed for transportation purposes. That study, which is credible and accepted as persuasive, concludes that the existing roads and crossings serving the area north and south of Stratton Avenue can, with minor improvements, safely and adequately accommodate traffic demands reasonably projected for the next five years. (R-1) In conducting the study, William E. Tipton, an expert traffic transportation engineer, collected and analyzed four kinds of data: 1) Population growth projected in the area of the proposed crossing within the next five years; 2) Traffic characteristics at intersections and crossings near the proposed crossing; 3) Daily traffic counts at those intersections; and 4) Roadway improvements planned for the near future. (R-1, Testimony of Tipton) Existing traffic on the nearby intersections was counted and adjusted to derive peak season and peak hour conditions. Applying standard capacity measurements, the study indicates that, currently, 52 percent of the existing capacity of State Road 510 is used during peak conditions; 20 percent of the capacity of 87th Street is used; and 26 percent of Vickers Road. It is apparent that these roads currently have excess capacity and are underutilized. As Mr. Tipton stated: "I could have laid down in the road for a while while we were out there counting traffic, because the traffic was that low." (TR-119; Testimony of Tipton; R-1) The impacts of traffic generated by additional residential development projects planned for completion during the next five years was then analyzed. Traffic from these particular developments, assumed to be 100 percent occupied, was then assigned to nearby roads and a critical movement analysis was performed for each intersection. Level of Service "D" is the design standard which is normally deemed acceptable for peak hour, peak season traffic conditions. With the following minor improvements, the nearby intersections can provide "D" service or better during the next five years, without construction of the Stratton Avenue extension and crossing: 1) installing a signal at the intersection of U. S. 1 and 510, which is already underway; 2) adding a right turn lane on the south leg of U.S. 1 at this same intersection; 3) installing a traffic signal at the intersection of U.S. 1 and Schumann Drive to allow a left turn-out; 4) adding a left turn lane on the south leg of State Road 5A at the intersection of 510 and 5A. (TR 122-123) The cost of the proposed Stratton Avenue extension will exceed, many times over, the cost of these relatively minor intersection improvements. (Testimony of Tipton; R-1) Although the south Sebastian area was extensively platted for residential development during the 1960s, it remains sparsely populated today. It is projected fifty percent "build-out" will occur in 15 years, and full "build-out" in 30 years. At some point in the future the proposed Stratton Avenue extension will, undoubtedly, be needed but it is reasonably certain that it will not be needed for transportation purposes for at least five years. (Testimony of Tipton) V. NO DAMAGE TO RAILWAY OPERATIONS AND NO NEED FOR A GRADE SEPARATION COST-BENEFIT ANALYSIS There is no evidence that the proposed extension and crossing will damage or interfere with operations of the Railway. Should the Stratton Avenue extension and crossing be built, it is estimated that traffic use will ultimately approach 31,830 vehicles, but this will not occur within 20 years, the period considered to be a reasonable planning cycle for road improvements. No cost-benefit analysis was performed by Sebastian (to determine whether a grade separation is required) because the traffic projections did not approach 30,000 within a 20-year period. Further, there is no evidence that either the Department or the Railway ever requested that such an analysis be done. The parties' prehearing stipulation fails to indicate that the requirement of a cost-benefit analysis is at issue.
Recommendation Based on the foregoing, it is RECOMMENDED: That Sebastian's application for a permit to open the Stratton Avenue at- grade public railroad crossing be denied, without prejudice to its right to reapply in the future should circumstances warrant it. DONE and ENTERED this 23rd day of November, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of November, 1983.
Findings Of Fact 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 On March 26, 1979, the Department filed an application for the closing of two railroad grade crossings known as Orange Street at Milepost A-825.48 and Murphy Street at Milepost A-830.30. Both crossings are located within the corporate limits of Davenport, Florida. The track which intersects the crossings services four passenger and ten freight-trains each day. The speed limit over the crossings is restricted by city ordinance to fifty miles per hour. Neither of the crossings is equipped with active grade crossing traffic control devices. Prior to recommending the closing of a crossing, a Railroad Committee within the Department meets and reviews petitions for closure. The committees primary concern in deciding whether to close a crossing is public safety and a secondary concern is public necessity. Additionally, convenience of the local population Is considered. The Orange Street crossing is utilized primarily by passenger cars and small trucks. In the twenty-four hour period in which traffic was counted, 696 vehicles used this crossing. The profile of the Orange Street crossing is very poor because the road is approximately seven feet higher than the railroad tracks, thus requiring a motorist to stop on a steep downhill grade when approaching the crossing. Cross-bucks are the only signalization at the crossing. The Department has proposed two alternate routes, Magnolia and Bay Streets, for the traffic presently utilizing the Orange Street crossing. Magnolia Street has recently been renovated and is scheduled for installation of flashing lights and gates in October, 1980. Because of the renovation and installation of lights, Magnolia can accommodate the expected added traffic. Bay Street currently has flashing lights and can accommodate the anticipated added traffic since it had a traffic count of 547 vehicles in a twenty-four hour period. There would be no substantive difference in adverse travel time for a motorist using either Magnolia or Bay Streets as opposed to Orange. Both crossings are safer than Orange Street. The Department does not propose to close sidewalks which cross the tracks at Orange Street and are utilized primarily by residents of a nearby retirement home. In regard to the other crossing which the Department seeks to close, Murphy Street, two alternate crossings are suggested, Magnolia Street and Bargain Barn Road. During a twenty-four hour period in which traffic was counted, 256 vehicles used the Murphy Street crossing. This crossing is inherently dangerous for long trucks or tractor-trailer vehicles due to its abrupt vertical profile or "hump." The Murphy Street crossing ends in a "T" intersection and its closing would not hinder police or emergency services. The Magnolia Street crossing can accommodate the increased traffic which will result from the closing of Murphy Street. This crossing is almost level and is approximately 1,600 feet from Murphy Street crossing. Bargain Barn Road or State Road 547, is another alternate crossing. This crossing is safer than Murphy Street in that lights and gates were installed in March, 1980. It is 1,200-1,300 feet or a quarter of a mile away from the proposed closed crossing and would not cause adverse travel for local motorists presently using Murphy Street. The current traffic count at Bargain Barn is approximately 732 cars per day which would increase to approximately 860 if Murphy Street were closed.
