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2 <br />deny the closing of Anchorage and limit the HOA to the installation of cameras and <br />license plate readers on HOA property in the Anchorage area. <br /> <br /> 2. The HOA disagrees with the recommendation to place City approved signage <br />on the kiosk as the HOA has been diligently working with BCDC regarding their signage <br />requirements. This issue is discussed in detail in the memorandum forwarded to Mr. <br />Penaranda on November 3, 2016 by Mr. Jeff Tepper, the consultant and applicant for <br />Heron Bay, and we will defer to that argument in this discussion. <br /> <br /> 3. The third disagreement is with the Planning Commission and City staff’s <br />recommendation regarding the permit restriction that would not allow the attendant at the <br />kiosk, at any time of the day or night, to stop non-resident cars entering Bayfront and <br />would prevent the attendant from asking those non-resident visitors the purpose of their <br />visit. The HOA objects to this restriction as being illogical and unsupported by law. <br /> <br /> The Planning Commission was understandably mindful of the intent of all to keep <br />the bay trails open to the public as they have been for the past many years. We want to <br />emphasize that Heron Bay has never asked for and does not intend to stop pedestrians or <br />bicycle riders at the kiosk. They never have done so and do not intend to do so with or <br />without the kiosk. They only ask for permission to briefly stop non-resident cars (all <br />resident cars will have identifying stickers or similar) in order to direct those visitors to <br />the open space area. As repeatedly stated the HOA has no interest in or plans to alter, <br />modify or change open access to the public. However, the HOA is also mindful of the <br />fact that this access is being and has been achieved primarily over Bayfront, which is a <br />private street subject to certain easements. Mr. Tepper has discussed these easements in <br />detail and we would refer the City Council members to that memorandum. We will <br />comment on the highlights of those easements in this correspondence. <br /> <br />It is very important to note that the HOA has been closely working with BCDC, <br />whose easement controls access to the bay trails, for over one year regarding the original <br />gate application (which was denied by this Honorable City Council) and now for the <br />kiosk. To date BCDC has been amenable to the concept of the kiosk on the HOA’s <br />private property subject to City approval of the kiosk. The HOA understands that if the <br />City hopefully permits the installation of the kiosk that the HOA will have to submit a <br />permit amendment to BCDC for approval. BCDC is the agency primarily charged with <br />protecting the open-to-the-public concept to the bay trails. To date BCDC has not had an <br />issue with the concept of the stop of non-resident cars at the kiosk as long as the stop is <br />not considered a discouragement or impediment to the open use of the trails. As the <br />HOA has repeatedly stated, they have no intention of discouraging the public’s use of the <br />trails. The HOA is only interested in keeping persons with criminal intent to the persons <br />and property of Heron Bay from the Heron Bay property. The purpose of the brief stop at <br />the kiosk is only to ascertain whether or not the persons are intending to use the trails <br />and, if so, they will be welcomed. The HOA has even worked with BCDC to prepare a <br />written script for the attendant to hand out to bay trail visitors. That script will be <br />welcoming persons to the use of the trails. As the Council may already know, there is <br />currently no parking for the public on Bayfront Drive. BCDC recognizes that there is no