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1. WHEREAS, on June 4, 2010, the ANC was presented with two copies of a document, entitled Klingle Valley Trail Environmental Assessment, June 2010 and given the opportunity to comment by July 4th, 2010; and whereas the city is holding a meeting on this matter on June 23rd and the ANC wishes to be heard: 

2. WHEREAS, the Advisory Neighborhood Commissions (ANCs) are the body of government with the closest ties to the people and are expected to advise the city on issues including fees, taxes, zoning, social services programs, health, emergency preparedness, economic development, transportation and environmental infrastructure issues; 

3. WHEREAS, this ANC represents collectively thousands of residents in several Ward 4 neighborhoods, including Crestwood (Census Tract 26), Colonial Village, North Portal Estates, Shepherd Park, Brightwood and 16th Street Heights; 

4. WHEREAS, the Advisory Neighborhood Commission 4A, with a quorum present and a majority of the Commissioners in favor, considered this resolution pertaining to the proposed alternative uses for Klingle Road at a Special Meeting on June 17, 2010; 

5. WHEREAS, maintaining and preserving our public roads and keeping them open for public use are essential government services that we expect the Government to provide;

6. WHEREAS, Klingle Road is a public transportation right of way and this road is described in the DC Code as being within the ANC 4A08 single member district and was historically and safely used by DC residents for more than 125 years until the road was barricaded to motorists in 1991, due to the deterioration of the roadway and the underlying stormwater management problems; 

7. WHEREAS, this transportation right-of-way connects three wards, 17 schools, many hospitals and neighborhoods in Wards 1, 3 and 4 and businesses on both sides of the city. 

8. WHEREAS, the Klingle Road has never been officially closed, nor repaired, and DC is responsible for the maintenance of Klingle Road. The city is failing to meet its obligations to the residents and taxpayers of DC to maintain this public transportation right-of-way. Because of this dangerous dereliction of duty, residents are being wrongly denied the benefit of safe cross-town access and other benefits provided by this historic transportation right-of-way; 

9. WHEREAS, the federal and city laws require that the city maintain and preserve its roads and comply with the highway plans or risk losing federal funding; 

10. WHEREAS, Klingle Road is currently listed on the Federal-aid system functional classification of streets/roadways in the District of Columbia as a federal-aid collector road providing both land access and traffic circulation within residential neighborhoods and commercial areas. DDOT EIS Statement, p. 3-34, Section 3.10 Transportation. If converted from motorized to non-motorized use under the proposed action, this segment of roadway would have to be officially closed and removed as a collector street from the DC functional classification map using the appropriate processes under 23 CFR 470.109(a) and 470.115(a) regarding converting a designated federal aid highway to non-vehicular trail) and The Street & Alley Closing & Acquisition Procedures Act of 1982. DC Code section 9-201.01 et. Seq. Section 9-202-01 (re street closings and requirement of public hearing for such act). Federal law also requires DC to maintain and preserve its existing road network or risk the loss of funding. 

11. WHEREAS, this is an historic public transportation right-of-way that the Cleveland Park Historic Society has stated should be preserved. 

12. WHEREAS, the Klingle Road Restoration Act of 2003 (2003 Act) (DC Law 15-39, DC Official Code Section 9-115.11) directed the repair and reconstruction of the barricaded segment of Klingle Road and required reopening of the road to motorists. Prior to completion of the Final EIS, however, that project was put on hold. 

13. WHEREAS, “Klingle Valley Trail” is not identified as a multi-use train on the DC Bike Plan, or on the city’s comprehensive plan or in the National Park Service General Management Plan. Instead, this is a ruse and really is trying to convert the existing transportation right–of-way that is Klingle Road, which is officially recognized in the city plan. 

14. WHEREAS, in its present state, the road is an environmental hazard and still has storm water infrastructure issues that should have been addressed years ago when the city approved restoration; 

15. WHEREAS, no need has been established for another trail along Rock Creek Park; and this latest proposal makes no sense. It states that “under all of the action alternatives, the barricaded segment of Klingle Road would continue to be used as a “transportation corridor”, but “for non-motorized uses”. In 2010, this right-of-way continues to be used by service and utility vehicles that maintain the gas lines, sewers and underlying utilities. However, the squirrels primarily use Klingle Road as their transportation corridor. 

16. WHEREAS, the city may be risking the loss of the road because the land was given to the city for use as a public road and the city is risking the loss of federal funding if it persists along this course of action because federal transportation funds are supposed to be used for public transportation on open roads; and open roads is defined by law as open to 4 wheeled motorized vehicles under federal regulations (attached); 

17. WHEREAS, ANC 4A08 and the neighborhood of Crestwood fall under Census Tract 26 and this failure to keep the road available is negatively impacting the residents of the Census Tract 26; and this has negative transportation, socio-economic and environmental justice implications for the city and particularly ANC 4A; 

18. WHEREAS, the proposal acknowledges that the construction of a permeable trail would not meet the needs of the city, would be expensive, and is likely not to be used by many people; whereas Klingle Road carried 3,000 people each day when it was in use; 

19. WHEREAS, the city has to keep a durable road there for the maintenance of the utilities under the road and to do necessary and overdue infrastructure repairs; and it makes no sense to build a road and not allow the public taxpayers to obtain the maximum benefit; 

20. WHEREAS, not having access to this public transportation right-of-way is diminishing our transportation efficiency. Without it, DC loses a vital link and collector road; and the city has already conducted enough studies, including a 2001 Feasibility Study, and Environmental Impact Study and now this Environmental Assessment, under the guise of saving Klingle Valley Trail; and whereas the road could have been repaired years ago without these studies, because it is historic and could be built in its original 50 foot wide alignment; 

21. WHEREAS, as a part of a previous Section 106 process undertaken in 2006, Klingle Valley and Klingle Road were determined eligible for listing in the National Register of Historic Places via consensus between DDOT and the DC HPO. The agencies found that “Klingle Road has been located in its approximate present location since the 1830s. Prior to the establishment of the District, the road has served as a principal transportation route across Rock Creek. Since the creation of Rock Creek Park, the road continued to serve as a transportation network. The road exhibits a high integrity of the historic feeling, association and location.” The proposal acknowledges that Klingle Road itself may be considered a cultural resource. 

22. WHEREAS, the city cannot afford to waste any public road or any more time and money studying alternative uses when the city needs to keep the road for its public use – which is a bypass to Connecticut Avenue and a public right-of-way for motorized vehicles; 

23. WHEREAS, the city proposal admits that having a 10 foot wide trail will not be adequate for emergency vehicles or for service vehicles and the city acknowledges that the proposed trail would not meet the standards for individuals with disabilities; 

24. WHEREAS, the DC Council approved an application for the adjacent subdivision of the Tregaron Estate into eight residential lots and approved a law that would necessitate the construction of a road to access the home sites and build a stormwater management conveyance system. Page 137. 

25. WHEREAS, the ANC 4A was not always included in the scoping for this proposal that potentially burdens more residents than it would benefit; and 

WHEREAS, ANC 4A further believes that it is in the interest of the city for the DC Council and the Mayor to reject this proposal to convert Klingle Road to a trail, because it is not in the overall interest of the city to waste this public transportation right-of-way that provides a much needed bypass for the residents of the neighborhood of Crestwood and other residents of ANC 4A and Ward 4, who are adversely and disproportionately affected by the absence of this link; 

THEREFORE, BE IT RESOLVED, That ANC 4A opposes the proposed change in use and the construction of a bike path /dog park within the barricaded portion of Klingle Road between Porter Street, NW and Cortland Place and further opposes the expenditure of any funds for the conversion of the road from its public purpose – which is a public transportation right-of-way for motorized vehicles that connects three wards. The ANC urges the city to do its job and restore this transportation right of way for its official dedicated public purpose for the benefit of all of us. 

Stephen A. Whatley, Chair of ANC 4A (signed) June 17, 2010

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