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HEX Agenda 12/12/2019AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, DECEMBER 12, 2019 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: NOTE: This item was continued from the October 24, 2019 HEX Meeting and the November 14, 2019 HEX Meeting. A. PETITION DR-PL20180002114 – Petitioner, W.R. Real Estate, LLP requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks 11 total deviations, including one deviation from LDC Section 4.06.02.C.1 to remove the 10 foot wide Type A buffer along the western property line due to existing rip-rap and docks, three deviations from LDC Section 4.06.02.C.2, to reduce the 15-foot Type B buffer and reduce the number of plantings along the eastern property line, and to reduce the plantings along the northern property line; one deviation from LDC Sections 4.06.03.B.2, to allow trees to be more than 50 feet from the parking stall; three deviations from LDC Section 4.06.03.B.1 and 3 to reduce and relocate terminal island plantings within the site; one deviation from LDC Section 4.06.05.C.1 to reduce the foundation plantings for Building 1 to one façade; and two deviations from LDC Section 4.02.01.A. to reduce the side yard setback for Building 1 from 25 feet to 6 feet and reduce the minimum distance between buildings to 15 feet for the redevelopment of the Walker’s Coon Key Marina consisting of 1.68± acres, located on the on Palm Avenue in Goodland in Section 18, Township 52 South, Range 27 East, Collier County, Florida. [Coordinator: James Sabo, AICP, Principal Planner] NOTE: This item was continued from the November 14, 2019 HEX Meeting. B. PETITION NO. BDE-PL20190000307 – Michael Korchmar requests approval of a boathouse pursuant to Section 5.03.06F of the Collier County Land Development Code, and a 1.9-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 21.9 feet, to accommodate a new docking facility with one boat slip including one boat-lift, for the benefit of property described as Lot 24, Block T, of Conner’s Vanderbilt Beach Estates Unit 3, also described as 116 Heron Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Raymond Bellows, Zoning Manager] C. PETITION NO. VA-PL20180001818 – Wedgefield of Naples Association, Inc. requests a variance from Section 4.02.01, Table 2.1 of the Collier County Land Development Code to reduce the minimum side yard setback from 15 feet to 10.2 feet to allow for construction of a pool pavilion on the southern portion of condo Lot 1 and the abutting portion of condo Tract A, for the benefit of property located in Wedgefield Villas at Imperial, also known as 13206 Wedgefield Dr., in Section 15, Township 48 South, Range 25 East, Collier County, Florida, consisting of 1.04+/- acres. [Coordinator: Tim Finn, AICP, Principal Planner] D. PETITION NO. PDI-PL20190000503 – Eagle Creek Golf and Country Club, Inc. requests an insubstantial change to Ordinance No. 96-79, as amended, the Eagle Creek Planned Unit Development, to add a deviation from LDC Section 5.03.02.C.1 to increase the maximum wall height to 14 feet for a wall along Collier Boulevard (CR 951), east of the golf course tract. The PUD consists of 298± acres located southwest of the intersection of US 41 and Collier B oulevard (CR 951) in Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] E. PETITION NO. BDE-PL20190000308 – Kenneth L. Seibert requests approval of a boathouse pursuant to Section 5.03.06.F of the Collier County Land Development Code for the benefit of Lot 39, Block R, of Conner’s Vanderbilt Beach Estates Unit 3, also described as 253 Conners Ave., in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] F. PETITION NO. BDE-PL20190000309 – Douglas R. Oehler requests a 32.5 foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code, for a total protrusion of 52.5 feet to construct a docking facility with two boat slips, one to accommodate a vessel, and the other to accommodate two jet skis with two lifts, for the benefit of Lot 83 of Southport on the Bay Unit One, also described as 171 Topanga Drive, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: James Sabo, AICP, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-A This item was continued from the October 24, 2019 and November 14, 2019 HEX meetings. The packet materials were submitted for the November 14, 2019 HEX meeting. PETITION DR-PL20180002114 – Petitioner, W.R. Real Estate, LLP requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks 11 total deviations, including one deviation from LDC Section 4.06.02.C.1 to remove the 10 foot wide Type A buffer along the western property line due to existing rip-rap and docks, three deviations from LDC Section 4.06.02.C.2, to reduce the 15-foot Type B buffer and reduce the number of plantings along the eastern property line, and to reduce the plantings along the northern property line; one deviation from LDC Sections 4.06.03.B.2, to allow trees to be more than 50 feet from the parking stall; three deviations from LDC Section 4.06.03.B.1 and 3 to reduce and relocate terminal island plantings within the site; one deviation from LDC Section 4.06.05.C.1 to reduce the foundation plantings for Building 1 to one façade; and two deviations from LDC Section 4.02.01.A. to reduce the side yard setback for Building 1 from 25 feet to 6 feet and reduce the minimum distance between buildings to 15 feet for the redevelopment of the Walker’s Coon Key Marina consisting of 1.68± acres, located on the on Palm Avenue in Goodland in Section 18, Township 52 South, Range 27 East, Collier County, Florida. [Coordinator: James Sabo, AICP, Principal Planner] Michael Korchmar Boathouse Addition Primary Criteria 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Response: The location has 186.49 feet of water frontage on a manmade canal and is zoned RSF-3. The upland property is a single-family residential zoned lot that per LDC is allowed two slips. Proposed dock consists of 1 slip and lift with an open-sided boathouse, which is appropriate for a single-family dwelling. We are requesting a 1.9’ extension from the allowed 20-foot protrusion on the corner of the dock where the property line is rounded off. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: Water depth at the corner of the dock where we are asking for the extension is extremely shallow. The piling supporting the corner where we are asking for the extension will be set in the existing rip-rap bank. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: Proposed dock facility does not intrude into marked or charted navigable channel, thus there will be no adverse impact on navigation. The proposed dock, boathouse and lift have been designed not to impede navigation and is congruent with the other existing docks along this shoreline. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: The proposed dock extension with boathouse facility protrudes a total of 21.9’ from the property line. The overall protrusion is 19.48 percent of the width of the 112.4- feet across the canal to the opposite seawall, which leaves 80.34 percent of navigable water. The navigable channel between the Southeast corner of the proposed dock and the mangroves across the canal is at least 58.5’ leaving at least 52.04 percent of navigable water. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: Proposed dock extension with boathouse addition does not interfere with neighboring docks as shown in the aerial drawing and in fact the proposed facility is consistent with existing facilities along the shoreline. The existing dock facility has met the setback requirements and will not interfere with the use of the neighboring docks. Michael Korchmar Boathouse Addition Secondary Criteria 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Response: The proposed dock facility has an existing rip-rap bank that extends far out beyond the property line, plus shallow water depths justify the proposed extension of the dock into deeper water. Because of the curved property line only a small portion of the Southwest dock corner will extend beyond the 20’ allowed protrusion. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Response: Proposed dock facility allows reasonable and safe access to vessel without excessive deck area as shown in site plan survey. The deck area immediately West of the boat slip is being rebuilt over an existing deck and covers the rip-rap bank, allowing safe access to the vessel when moored outside of the slip against the pilings. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: Vessel LOA is 34.9-feet which is 18.71 percent of the linear water frontage and is less than the 50 percent applicable maximum. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: Proposed dock and boathouse facility will not have an impact on waterfront view of neighboring property owners and will be consistent with existing facilities along shoreline as shown in the aerial drawing. The existing dock facility and proposed boathouse meet the setback requirements and will not impact the view of the neighboring waterfront property owners. Also, the property had an existing boathouse since before 1994 until hurricane Irma. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) Response: To our knowledge no sea grass beds are located near proposed dock facility as shown in the results of submerged resource survey conducted by Turrell, Hall & Associates Inc. and provided for review. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: Proposed dock and boathouse facility consists of 1 boat slip and lift, an open-sided boathouse, thus does not require Manatee Protection Plan as stated in LDC subsection 5.03.06 E.11 or N/A. Boathouse criteria under LDC Section 5.03.06(F): a. Minimum side setback requirement: Fifteen feet. Response: Criterion has been met. The East side of the boathouse provides a setback of 15 feet from the property line; the West side of the boathouse provides a setback of over 20 feet from the North property line. See Site Plan Survey (pages 21-22). b. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. Response: Criterion has been met. The actual proposed protrusion into the water way is 20.6 feet, with a 2 foot 7 inch roof overhang. See overhang dimensions on the boathouse engineering, plan view (page 23). c. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. Response: Criterion has been met. The proposed actual height is 15 feet from the top of the seawall. See Engineering Building Section (page 23). d. Maximum number of boathouses or covered structures per site: One. Response: Criterion has been met. Only one boathouse will be built. See Site Plan Survey (page 21). e. All boathouses and covered structures shall be completely open on all 4 sides. Response: Criterion has been met. All 4 sides of the proposed boathouse are engineered to be left open. See Engineering Building Section, End View and Side View (page 23). f. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. Response: Criterion has been met. A single-family house has already been constructed on this lot, the proposed boathouse roof will be matching the same material and color as the existing house. g. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. Response: Criterion has been met. The proposed boathouse addition is consistent with existing facilities along that shoreline and does not impact the view of the adjacent neighbors. This property also had a boathouse before hurricane Irma damage the existing one. c)z*<^. Ll ,2010/ THIRD AMENDMENT TO TRUST AGREEMENT To Anita L. Korchmar, Trustee (or her Successors) of the Anita L. Korchmar Trust UAD l/22/02 In accordance with the powers reserved to me 'tn a certain Trust Agreement dated February 5, 1983, as amended in the entirety on February lL, 1991, December 2L, 1994, and January 22,2002, which I have executed both as Grantor and as Trustee, it is my desire to and I hereby further amend such Trust Agreement as follows: SBSjf,: Paragraph 1 of Article IV is hereby revoked in its entirety and rendered null and void. In its place, I hereby substitute the following: 1. Personal Effects" Specifis Bequests and Permitted Payments. (a) Personal Effects. The Trustee shall dishibute all of Grantor's personal effects, such as household goods and fumiture, books, pictures, silverware, paintings, artwork, all collections or sets, and other articles of domestic or personal use or ornament, and including specifically Grantor's jewelry and firs, to Grantor's daughter, ROBBIN IIASTIE GILLIGAN, provided that she survives the Grantor for 30 days, or if ROBBIN HASTIE GILLIGAN does not survive Grantor for a period of 30 days, then to her issue who survive the Grantor, per stirpes. The Trustee shall dishibute all automobiles owned by Grantor at Grantor's death to Grantor's issue, per stirpes, to be divided among them by themselves or disposed of as they see fit (b) Specific Bequests. As soon as practicable after Grantor's death, the Trustee shall honor the bequests described in Schedule A attached hereto and incorporated by reference herein, subject to any conditions set forth in Schedule A. Grantor may separately amend Schedule A, in whole or in part, at any time during Grantor's lifetime by notice in a writing to the Trustee, dated and signed by Grantor. If Grantor has issued more than one notice to the Trustee amending Schedule A, and if the provisions of such notices conflict with one another, the notice bearing the latest date shall control and shall be deemed to revoke any prior notices, to the extent that such prior notices are inconsistent with the latest notice. (c) Payment of Taxes. Debts and Adminishation Expenses. If there are not sufficient assets in the Grantor's estate to pay (i) all death taxes payable by Grantor's estate, other than death taxes specifically directed to be paid from some other source under the terms of Grantor's Will, (ii) Grantor's debts, (iii) the expenses of administration payable by the Grantor's estate or (iv) any cash bequests under Grantor's Will or codicil thereto, the Trustee shall pay all such items out of the Trust Estate and may make such payments either directly or to Grantor's personal representative or any beneficiary of Grantor's estate. The Trustee shall fully honor and discharge any -2- obligation owed by the Grantor at the time of her death to either of Grantor's children. Notwithstanding the foregoing, no assets held in or payable to the Trustee that are excluded from Grantor's gross estate for death tax purposes shall be used to make any of the payments described above, and if the Trust has been designated as the beneficiary of any death benefit under any qualified pension, profit sharing, Individual Retirement Plan, Stock Bonus or Keogh plan or trust or similar trust or plan in which Grantor was a participant, (hereinafter, '?lan'), the Trustee may not use the proceeds or assets of such Plan to pay any such taxes, administration expenses, debts or cash bequests payable by Grantor's estate. W:Paragraph3ofArticleIVisherebyrevokedinitsentiretyandrenderednul1 and void. In its place, I hereby substitute the following: 3- Adjustnents and Allocations Up_on Death of Grantor. Upon the death of Grantor, the Trustee shall divide all remaining principal and all accrued and accumulated undistributed income of this trust into two (2) equal shares; one (1) for the benefit of Grantor's son, MICHAEL KORCHMAR (or if he is not living, for the benefit of his issue), and the other for the benefit of Grantor's daughter, ROBBIN HASTIE GILLIGAN (and if she is not living, for the benefit of her then living issue). Notwithstanding the foregoing, if at Grantor's death her residence tn Naples, Florida (the "Florida Residence") has not been sold pursuant to a Contract to Purchase Real Estate dated August 1,2007, as Amended on Februwy 28,2010 (the "Contract"), between Grantor.and MICHAEL KORCHMA& the Trustee shall allocate to the share of MICIIAEL KORCHMAR (or his issue) the Florida Residence. For these purposes, the Florida Residence shall have a net value (after encumbrances and other charges) of Two Hundred Fifteen Thousand Dollars ($215,000.00). The Trustee shall transfer the Florida Residence as provided in the Contract as part of the assets of MICHAEL KORCHMAR'S (or his issue's) share subject to all encumbrances. The Trustee shall take all actions necessary to either satisfu all encumbrances or have the same become the liability of MICIIAEL KORCHMAR'S (or his issue's) share. Further, the Trustee shall transfer and allocate to the share of ROBBIN HASTIE GILLIGAN (or her issue) the sum of Two Hundred Fifteen Thousand Dollars ($215,000.00). After these adjustments and allocations have been made, the Trustee shall proceed with the division and allocation of the remaining assets as set forth herein. The respective share of each child (or his or her issue) as firnded in accordance with the above shall be administered and dishibuted as hereinafter provided- (a) Pavment to Children After Division of Trust. Each share so set apart for a then living child of Grantor shall be held in a separate bust by the Trustee and the Trustee shall pay to or for the benefit of such child and such child's issue such amounts of the income and principal of such child's share as the Trustee determines to be necessary and proper for the Financial Requirements of such beneficiaries. Distributions of net income and principal may be made unequally among such beneficiaries and to the exclusion of any one or more of them, but Grantor's primary concern is to enable Grantor's child. to continue to live to the fullest degree possible in the manner to which -3- Grantor's child has been accustomed. It is Grantor's intention that the interests of the reamindermen of this trust be subordinate to the Trustee's power to dishibute income and principal to such beneficiaries of Grantor. Any net income which is not so paid in the fiscal year in which it is received shall be added to principal at the end of such year. (b) Child's Power of Appointment. Upon the death of any child of Grantor the Trustee shall distribute the undistributed principal and income of such child's share in such proportions and in such manner, outright or in trust or otherwise, and to be vested in them at such ages or times, to or for the benefit of any issue of Grantor or spouse of Grantor's issue as such child may appoint by specific reference thereto in such child's will admitted to probate, provided, however, that such child of Grantor shall have no power to appoint the principal of this share or any part thereof to such child, such child's estate, such child's creditors, or the creditors of such child's estate. The Trustee may rely upon an instrument admitted to probate in any jurisdiction as the last will and testament of such child of Grantor, but if the Trustee has no written notice of the existence of such a will within a period of three (3) months after such child's death, the Trustee may assume such child died intestate and shali be protected in acting in accordance with such assumption. I4 or to the extent that such child shall not exercise such power of appointment, the portion of such child's share not so appointed shall be distributed to the issue of such child then living, per stirpes, or if no issue of such child be then living, then to the issue of Grantor then living, per stirpes, provided, however, that the share thereof, if any, passing to any of Grantor's issue for whom the Trustee is then holding a share of Fund B hereunder shall be added to such issue's original share held under Fund B, and such issue's original share so augmented shall be held and/or dishibuted on the same terms and conditions as are provided for such issue's original share of Fund B. (c) Pavment to Issue of a Deceased Child. Each share set apart for the then living collective issue of a deceased child of Grantor shall be paid over and distributed to such issue, per stirpes, pursuant to paragraph 4 below. THIRD: This Amendment incorporates certain amendments to the Trust Agreement made on August 24,2007 and December 9,2009. Accordingly, those amendments are rendered null and void. In all other respects, the Trust Agreement is hereby ratified and confirmed. WITNESSES GRANTOR/TRUSTEE: C.nn l-t- :f tr'r-rx-ln.i,t',..4r', A}{ITA L. KORCHMAR -4- STATE OF OHIO COUNTY OF HAMILTON r The foresoine\DDa--tt Third Amendment to Trust Agreement was acknowledged before me on ,2010 by ANITA L. KORCHMAR as Grantor and Trustee. () 1308737v7 :osF,fiH"firRousE rnffiHlfl*:.bflF -5- SCHEDULE A In accordance with the provisions ofParagraph I (b) (Specific Bequests) of Article IV of the Trust Agreement, the Trustee shall distribute to each of the following namsd individuals the property specified below, subject to any conditions set forth below with respect thereto: l. The Trustee shall distribute the sum of Twenty-five Thousand Dollars ($25,000) cash to each of Grantor's then living grandchildren. 2. The Trustee shall dishibute the sum of Fifty-three Thousand Dollars ($53,000.00) cash to Grantor's daughter, ROBBIN HASTIE GILLIGAN, provided, however, that this amount shall be reduced (but not below zero) by the total amount of gifts made by Grantor to or for Grantor's daughter or her spouse on or after April l, 20L0, and designated as a gift for this pwpose by Grantor in a writing delivered to Grantor's legal, accounting, or financial representative. If Grantor's daughter is not living on the date of Grantor's death, the amount to be distributed to her under this paragraph shall be distributed to Grantor's daughter's then living issue, per stirpes. Date 2010 A-^,rh- ft )<-"-. J--n.,...a.- AI\ITA L. KORCHMAR 330873?v6 4/lzJ\Fe-u/Q a'L 2- ,2AA7 To: Anita L. Korchmar, Trustee ln accordance with the powers reserved to me in a certain agreement of trust dated February 5, 1983, as amended in the entirety on February 11, 1991 and further amended on December 21, 1994, January 22, 2002 and August 24, 20A7 between me as Grantor and you as Trustee, it is my desire to and I hereby do amend such Trust Agreement as follows: 1. I hereby amend Article lV, Paragraph 6 of the Trust to read as follows: Division of Fund B for Generation Skippino Purposes. Notwithstanding anything to the contrary herein contained, upon the death of Grantor Fund B shall be divided further into two separate trusts, hereby designated SHARE ONE and SHARE TWO. SHARE ONE shall be that portion of this trust which is wholly exempt from generation skipping transfer tax pursuant to the allocation of Grantor's GST exemption as described in 552631 and 2632' including any amount being transferred to this trust from Fund A which is exempt because of the use of Grantor's GST exemption or Grantor's spouse's GST exemption or any amount transferred from any source which is wholly exempt from such generation skipping transfer tax. SHARE TWO shall consist of the balance of the assets, if any, that have been transferred to this trust which are not wholly exempt from the generation skipping transfer tax. Allocations of property to SHARE ONE and SHARE TWO may be made in the Trustee's Discretion wholly or partly in kind, by allocating specific property, real or personal, or undivided interests therein as a part or the whole of such SHARE ONE and SHARE TWO at values as finally determined for federal estate tax purposes. Provided, however, that the assets to be allocated to SHARE ONE and SHARE TWO shall be selected by the Trustee in such manner that such assets will have an aggregate fair market value fairly representative of SHARE ONE'S and SHARE TWO'S respective proportionate shares of the appreciation or depreciation in value from federal estate tax values to the date or dates of allocation of all assets then available for allocation to SHARE ONE and SHARE TWO. Except as herein specifically provided, SHARE ONE and SHARE TWO shall be held as provided for Fund B generally. After the Division Date, each child of Grantor's separate share of the trust shall be divided into two Trusts, hereby designated the MICHAEL KORCHMAR SHARE ONE and the MICHAEL KORCHMAR SHARE TWO, ANd thE ROBBIN GILLIGAN SHARE ONE ANd thE ROBBIN GILLIGAN SHARE TWO, all of which, except as herein specifically provided, shall be held as provided for the Trust generally. Each child's separate SHARE ONE shall be that portion of his or her separate share of this trust which is wholly exempt from generation skipping tax pursuant to the allocation of Grantor's GST exemption as described in 552631 and 2632, including any amount being transferred to his or her separate share of this trust from Fund A which is exempt because of the use of Grantor's GST exemption or Grantor's spouse's GST exemption or any amount transferred from any source which is wholly exempt from such generation skipping transfer tax, Each child's separate SHARE TWO shall consist of the balance of the assets, if any, that have been transferred to his or her separate share of Fund B, which are not wholly exempt from the generation skipping transfer tax. Notwithstanding the foregoing, if any child of Grantor has predeceased Grantor, or failed to survive Grantor for a period of 90 days, the Trustee shall apply the predeceased ancestor exception of lnternal Revenue Code Section 2612lclQl in the mandatory division of the Trust into a SHARE ONE and a SHARE TWO so that a share of the Trust set aside for and vesting in the estates of the children of a deceased child of Grantor is comprised, to the fullest extent possible, from the assets of SHARE TWO of this Trust, Upon the death of any child of Grantor, such child's separate SHARE TWO shall be distributed by the Trustee in such shares as such child of Grantor shall by such child's will appoint among those of Grantor's issue who are living at such date, and the spouses then living of issue who have predeceased such child of Grantor, as well as among the creditors of such child's estate. This power shall be exercisable only by specific reference to it in a will executed after Grantor's death. The exercise of this power shall create no new power of appointment. Subject only to these restrictions any appointment under this power may be made for life or for such other estates as a child of Grantor may choose, in trust or otherwise, and may be subject to lawful spendthrift provisions, provided only that there will be no possible beneficiaries of such appointment other than those specified. ln default of an effective exercise of such power over all or any part of the principal of such child's separate SHARE TWO, all property then held in such separate SHARE TWO shall be distributed to the issue of such child then living per stirpes, provided, however, that the share thereof, if any, passing to any of Grantor's issue for whom the Trustee is then holding a share of the Trust hereunder shall be added to such issue's original share held under the Trust, and such issue's original share so augmented shall be held and/or distributed on the same terms and conditions as are provided for such issue's original share of the Trust. lf such child has no issue then living, SHARE TWO shall be distributed among the then living issue of Grantor, oer stirpes. No distribution shall be made to any of Grantor's children from a child's separate SHARE ONE so long as there are assets in such child's separate SHARE TWO, 2. ln all other respects the Trust is hereby ratified Very truly yours, C-, +- {. p.-2,-,.-^ Anita L. Korchmar, Grantor 2 ACCEPTANCE Receipt and acceptance of the Amendment to the Trust Agreement contained herein is hereby acknowledged this 9A,4- day ofM'*'-W-,20A7. Anita L. Korchmar, Trustee KTBH:701591.1 3 .2 ^o 2007 To: Anita L. Korchmar, Trustee ln accordance with the powers reserved to me in a certain agreement of trust dated February 5, 1983, as amended in the entirety on February 11,1991 and further amended on December 21, 1994 and January 22, 2002, between me as Grantor and you as Trustee, it is my desire to and I hereby do amend such Trust Agreement as follows: 1. I hereby amend Article lV, Paragraph 3 of the Trust to read as follows: Distribution on Death of Survivino Spouse. Upon the death of the survivor of Grantor and Grantor's spouse, (herein called the "Division Date"), the Trustee shall: A. Distribute the sum of twenty-five thousand dollars ($2S'OOO; to each of Grantor's then living grandchildren. B. The Trustee shall distribute the sum of one hundred and twenty thousand dollars ($120,000) to Grantor's daughter, ROBBIN GILLIGAN, provided, however, this amount shall be reduced by the total amount of gifts made by Grantor to or for Grantor's daughter or her spouse during Grantor's lifetime and designated as a gift for this purpose by Grantor in writing delivered to Grantor's legal, accounting, or financial representative. lf Grantor's daughter is not living on the Division Date, the amount to be distributed to her under this subparagraph B shall be distributed to Grantor's daughter's then living issue Per stirPes. c. The Trustee shall divide the then remaining principal and all accrued and accumulated but undistributed income of this Trust into that number of equal shares as equals (i) the number of Grantor's children then living, plus (ii) the number of Grantor's children who are then deceased leaving issue then living. The Trustee shall set apart one of such equal shares for each child of Grantor who is then living and shall set apart one of such equal shares for the collective issue then living of each of Grantor who is then deceased' 2. ln all other respects the Trust is hereby ratified. Very truly yours, Anita L. Korchmar,r ACCEPTANCE Receipt and acceptance of the Amendment to the Trust Agreement contained herein is hereby acknowledged this 2-t -day of 2007. Anita L. Korchmar, Trustee KTBH:697'109.1 2 TRUST AGREEMENT ANITA L. KORCHMAR, Grantor ANITA L. KORCHMAR and DON l. KORCHMAR, Trustees KATZ, TELLER, BRANT & HILD A Legal Professional Association 2400 Chemed Center 255 East Fifth Street Cincinnati, Ohio 45202-47 24 AMENDMENT IN ENTIRETY TO TRUST AGREEMENT OF ANITA L. KORCHMAR WHEREAS, on February 5, 1983, ANITA L. KORCHMAR as Grantor, executed a Trust Agreement with The Central Trust Company, N.A. now known as PNC Bank, N.A. as Trustee, and amended such Trust Agreement in the entirety on February 11, 1991 and December 21, 1994; and WHEREAS, the Trust Agreement provides that the Grantor may at any time modify or revoke it by written notice delivered to the Trustee; and WHEREAS, Grantor now desires to modify the Trust Agreement of February 5, 1983 in its entirety and remove PNC Bank, N.A' as Trustee; NOW, THEREFORE, the Trust Agreement of February 5, 1983 is hereby modified in its entirety, to read as follows: TRUST AGREEMENT This Trust Agreement ("Agreement") is entered this Z)^\Sr day of 200 L,between ANITA L. KORCHMAR, hereinafter called "G (w spouse's name is DON l. KORCHMAR), and ANITA L. KORCHM and DO e t. KORCHMAR of Cincinnati, Ohio, hereinafter called "Trustee" or "Trustees" ARTICLE I PROVISIONS FOR TRUST DURING GRANTOR'S LIFETIME 1 . Contribution of Assets to the Trust. The Grantor may name the Trustee as the beneficiary of policies of life insurance on the Grantor's life and may transfer property to this trust. The Trustee shall hold such property as may be contributed hereto in accordance with the terms of this agreement in trust as provided herein. 2. Payment During Life of Grantor. lf during the lifetime of Grantor any property, real or personal, is held by the Trustee, the Trustee shall pay the principal and/or net income from such property as Grantor may direct. ln the event Grantor is unable to direct for any reason, the Trustee shall pay to or for the benefit of Grantor and/or Grantor's spouse such amount or amounts of the income and/or principal of the trust estate as the Trustee in the Trustee's Discretion may deem necessary for the Financial Requirements of Grantor and/or Grantor's spouse. 3. Life-lnsurance Payable to the Trust. (a)During the life of Grantor, Grantor shall have and may exercise, without the consent of the Trustee, all rights, powers, privileges, benefits, options and elections under any policies of life insurance delivered and/or payable to the Trustee hereunder, including without limitation the right to change the beneficiary or beneficiaries under such policies from time to time; to borrow upon any such policy in accordance with the provisions thereof and to pledge the same as security for any such loan; and to receive all payments, dividends, surrender values, disability payments, benefits or privileges of any kind which may accrue on account of any of said policies. After the death of Grantor, the Trustee shall have all such rights, powers, privileges, benefits, options and ARTICLE I. - PAGE I Trust of Anita L. Korchmar elections under any policies of life insurance that the Trustee may own on the life of anY insured' H The Trustee assumes no responsibility with respect to the validity or enforceability of any policy of life insurance assigned to the Trustee or made payable to the Trustee hereunder. During the lifetime of Grantor, the Trustee assumes no responsibility with respect to the payment of any premiums or other amounts that may be due or payable on any of such policies, nor does the Trustee assume the responsibility of doing anything else that may be required in order to keep such policies in force. After the death of Grantor, the Trustee may, in the Trustee's Discretion, pay the premiums on any policies of life insurance that the Trustee may own from the princiPal of Fund B. (c)The Trustee shall, after receiving notice of the death of the insured under any policy of insurance, the proceeds of which are payable to the Trustee, take such action necessary to collect the amounts due the Trustee; provided, however, that the Trustee shall not be required to institute any proceedings to collect the proceeds of any policy of life insurance unless the Trustee holds funds hereunder sufficient to pay the costs of such proceedings, unless the Trustee has been indemnified to the Trustee's reasonable satisfaction for all expenses and liabilities to which the Trustee may in the Trustee's judgment be subjected by such proceedings. The Trustee shall receive any and all such amounts as may be payable to the Trustee, and the Trustee's receipt therefor shall be a full and complete release to the insurer, who shall be under no obtigation to see to the application thereof. (d)ln case of any dispute concerning any amount which the Trustee shall be entitled to receive under the terms of any such policy of insurance, the Trustee is authorized in the Trustee's Discretion, to compromise and effect a settlement with the insurer. ARTICLE I. - PAGE 2 Trust Aqreement of Anita L. Korchmar ARTICLE II DIVISION OF TRUST UPON DEATH OF GRANTOR 1 . Division of Trust into Fund A and Fund B. Upon the death of Grantor if Grantor's spouse survives, the proceeds received by the Trustee from all policies of life insurance and ali other property then held in trust, including all accrued and accumulated but undistributed income thereof, and any other property passing to the Trustee, unless otherwise allocated by this Agreement or by the instrument passing such property to the Trustee, shall be divided by the Trustee into two (2) parts: (a) one part io consist of property equal in value to the amount of the maximum marital deduction (the unlimited marital deduction) allowable in determining the federal estate tax on Grantor's estate less the aggregate value of all other property included in Grantor's gross estate for federal estate tax purposes, and which qualifies for the marital deduction which passes or has passed to Grantor's spouse under Grantor's will, as a surviving joint tenant, as a beneficiary of life insurance, or otherwise, which part so set apart shall be separately held by the Trustee in a trust to be designated as I'Fund A"; provided, however, that in the event Grantor's estate is of such a size that there would be no federal estate tax payable on Grantor's estate taking into account the unified credit and the state death tax credit (provided the latter credit shall be limited in its use to the largest amount which will not cause an increase in the state death taxes paid by more than 1 Oo/o ol the sum of the federal taxable estate plus adjusted taxable gifts less the federal exemption equivalent effective as of the date of Grantor's death) but no other credit, if the amount of property passing to Fund A hereunder is reduced below the amount necessary to produce such maximum marital deduction, the amount of property to be allocated to Fund A hereunder shall be reduced so that the value thereof shall equal the least amount which shall result in the payment of no federal estate tax on Grantor's estate; (b) the other part remaining after Fund A has been set aside and created as above provided, or the entire trust estate in the event Grantor's spouse does not survive Grantor, shall be held by the Trustee in a separate trust, to be designated "Fund B". 2. Altocation of Assets to Fund A and Fund B. Allocations of property to Fund A and Fund B may be made in the Trustee's Discretion wholly or partly in kind, by allocating specific property, real or personal, or undivided interests therein as a part oi tft" whoie of such Fund A and Fund B at values as finally determined for federal estate tax purposes. Provided, however, that the assets to be allocated to Fund A and Fund B shall be selected by the Trustee in such manner that such assets will have an ARTICLE II. - PAGE 7 Trust A af Anita L. Korchmar aggregate fair market value fairly representative of Fund A's and Fund Bls respective proportionate shares of the appreciation or depreciation in value from federal estate tax values to the date or dates of allocation of all assets then available for allocation to Fund A and Fund B. Only assets which are eligible for inclusion in the federal estate tax marital deduction shall be allocated to Fund A or sold to raise cash to place in Fund A. lt is Grantor's intention that the aggregate value of the property so allocated to Fund A shall qualify for inclusion in the federal estate tax marital deduction and all of the provisions of this trust and the powers granted with respect to such allocation shall be construed to accomplish that purpose. Notwithstanding the foregoing, to the extent possible all United States government bonds eligible for redemption at par plus accrued interest in payment of federal estate tax shall be allocated to Fund B; and no policies of insurance on the life of any person other than Grantor shall be allocated to Fund A, but all such policies shall be allocated to Fund B. 3, Directions for Fund A and Fund B. The Trustee shall hold Fund A and dispose of the principal and income thereof as provided in Article lll hereof, and shall hold Fund B and dispose of the principal and income thereof as provided in Article lV hereof . ARTICLE II. - PAGE 2 Trust Aqreement of Anita L. Korchmar ARTICLE III THE MARITAL TRUST: FUND A 1. Payment to Surviving Spouse. The net income from Fund A shall be paid by the Trustee in convenient installments, not less frequently than quarter-annually, beginning at the date of Grantor's death, to or for the benefit of Grantor's spouse during the spouse's lifetime. Any net income accrued and accumulated but unpaid at the death of Grantor's spouse shall be paid to the estate of Grantorrs spouse. The Trustee shall have full power and authority in the Trustee's Discretion to pay to or for the benefit of Grantor's spouse at any time or from time to time such amount or amounts of the principal of Fund A, or the whole thereof, as the Trustee may deem necessary and propet, fot Grantor's spouse's Financial Requirements so as to enable Grantor's spouse to continue to live to the fullest degree possible in the manner to which Grantor's spouse has been accustomed. 2, Division of Fund-.rA for Generatiorl-Skiop.Ing Tax Purposes. lf Grantor's spouse survives Grantor, the Trustee shall divide Fund A into two separate shares, hereby designated Fund A-1 and Fund A-2 which, except as herein specifically provided, shall both be held as provided for Fund A generally. Fund A-1 shall be in an amount equal to any of Grantor's GST exemption allocated to Fund A. Fund A-2 shall be the balance. Allocations of property to Fund A-1 and Fund A-2 may be made in the Trustee's Discretion wholty or partly in kind, by allocating specific property, real or personal, or undivided interests therein as a part or the whole of such Fund A-1 and Fund A-2 at values as finally determined for federal estate tax purposes. Provided, however, that the assets to be allocated to Fund A-1 and Fund A-2 shall be selected by the Trustee in such manner that such assets will have an aggregate fair market value fairly representative of Fund A-1's and Fund A-2's respective proportionate shares of the appreciation or depreciation in value from federal estate tax values to the date or dates of allocation of all assets then available for allocation to Fund A-1 and Fund A-2. lt is Grantor's intention that Grantor's $1,O00,0OO GST exemption as described in 552631and 2632 of the lnternal Revenue Code of 1986 ("Code"), to the extent available shall be allocated first to Fund B of this trust and the balance, if any, shall be allocated to. Fund A-1, and it is Grantor's intention that for the purposes of Chapter 13 of the Code, Grantor shall be treated as the transferor (as described in S2652ot the Code) of Fund A-1 as if the election to be treated as qualified terminable interest property had not been made as to such Fund A-1. No distributions of principal from Fund A-1 shall be made to Grantor's spouse until Fund A-2 has been exhausted. ARTICLE III. - PAGE I Trust of Anita L. Korchmar 3. Death of Surviving Spouse. On the death of Grantor's spouse after Grantor's death, the then principal of Fund A-1 and Fund A-2 shall be added to Fund B. 4. Payfnent of Estate Taxes. Notwithstanding any provision to the contrary contained herein, if by reason of the inclusion of Fund .A in Grantor's spouse's estate under Code Section 2044, any federal, state or local estate or inheritance taxes are payable to Grantor's spouse's estate pursuant to code section 2207A, the Trustee shall pay such taxes, to the fullest extent possible, from Fund A'2 and not from Fund A-1. ARTICLE III, - PAGE 2 Trust Aqreement of Anita L. Korchmar ARTICLE IV THE UNIFIED GREDIT TRUST: FUND B 1 . Payment of Taxes and Specific Bequests. Upon the death of Grantor, any stock that Grantor owned in Leather Specialty Company shall be distributed to Grantor's son, MICHAEL KORCHMAR. lf there is not sufficient liquid assets in Grantor's estate to pay all taxes, administration expenses, debts and cash bequests payable by Grantor's estate, the Trustee may, in the Trustee's Discretion, pay out of Fund B any portion or all of such items, and may make such payments, if any, either direct or to Grantor's personal representative or any beneficiary of Grantor's estate. Notwithstanding the foregoing, if the Trust has been designated as the beneficiary of any death benefit under any qualified pension, profit sharing, lndividual Retirement Plan, Stock Bonus or Keogh plan or trust or similar trust or plan in which Grantor was a participant, (hereinafter, "Plan"), the Trustee may not use the proceeds or assets of such Plan to pay any of such taxes, administration expenses, debts or cash bequests payable by Grantor's estate. Further, if Grantor has made a specific bequest of property and such property has been transferred to this trust, the Trustee shall deliver such property to the specific legatee. lt is Grantor's intention to prevent the sale or other disposition of illiquid assets by Grantor's estate, and to benefit only beneficiaries of this trust and specific legatees under Grantor's will, lt is not Grantor's intention to benefit creditors or persons taking against Grantor's will or contesting Grantor's will' The Trustee may rely and act upon evidence and information which the Trustee believes to be correct, and any action taken by the Trustee in reliance thereon shall be final, binding and conclusive upon all persons. 2. Payment to Surviving Spouse. lf Grantor's spouse survives Grantor, the Trustee shall pay the net income of Fund B in convenient installments not less frequentty than quarter-annually, beginning at the date of Grantor's death, to or for the benefit of Grantor's spouse until the death of Grantor's spouse. The Trustee shall, in the Trustee's Discretion, pay to or for the benefit of Grantor's spouse, such amount or amounts of the principal of Fund B or the whole thereof as the Trustee may decide to provide for the Financial Requirements of Grantor's spouse and Grantor's issue' lt is Grantor's intention that the interests of the remaindermen of this trust be subordinate to the Trustee's power to distribute principal to Grantor's spouse so as to enable Grantor's spouse to continue to live to the fullest degree possible in the manner to which Grantor's spouse has been accustomed. ARTICLE IV. - PAGE I Trust of Anita L. Korchmar 3. Distribution on Death of Surviving Spouse. Upon the death of the survivor of Grantor and Grantor's spouse, (herein called the "Division Date"), the Trustee shall first distribute the sum of twenty-five thousand ($25,O00) dollars to each of Grantor's then living grandchildren.l4The Trustee shall divide the then remaining principal and all accrued and accumulated but undistributed income of this Trust into that number of equal shares as equals (i) the number of Grantor's children then living, plus (ii) the number of Grantor's children who are then deceased leaving issue then living. The Trustee shall set apart one of such equal shares for each child of Grantor who is then living and shall set apart one of such equal shares for the collective issue then living of each child of Grantor who is then deceased. (a) Pavment to Children After Division of Trust. Each share so set apart for a then living child of Grantor shall be held in a separate trust by the Trustee and the Trustee shall pay to or for the benefit of such child and such child's issue such amounts of the income and principal of such child's share as the Trustee determines to be necessary and proper for the Financial Requirements of such beneficiaries. Distributions of net income and principal may be made unequally among such beneficiaries and to the exclusion of any one or more of them, but Grantor's primary concern is to enable Grantor's child to continue to live to the fullest degree possible in the manner to which Grantor's child has been accustomed. lt is Grantor's intention that the interests of the remaindermen of this trust be subordinate to the Trustee's power to distribute income and principal to such beneficiaries of Grantor. Any net income which is not so paid in the fiscal year in which it is received shall be added to principal at the end of such year. (b) child's Power of Appointment. Upon the death of any child of Grantor the Trustee shall distribute the undistributed principal and income of such child's share in such proportions and in such manner, outright or in trust or otherwise, and to be Vested in them at such ages or times, to or for the benefit of any issue of Grantor or spouse of Grantor's issue as such child may appoint by specific reference thereto in such child's will admitted to probate, provided, however, that such child of Grantor shall have no power to appoint the principal of this share or any part thereof to such child, such child's estate, such child's creditors, or the creditors of such child's estate. The Trustee may rely upon an instrument admitted to probate in any jurisdiction as the last will and ARTICLE IV. - PAGE 2 Trust Agreement of Anita L. Korchmar (c) testament of such child of Grantor, but if the Trustee has no written notice of the existence of such a will within a period of three (3) months after such child's death, the Trustee may assume such child died intestate and shall be protected in acting in accordance with such assumption. lf, or to the extent that such child shall not exercise such power of appointment, the portion of such child's share not so appointed shall be distributed to the issue of such child then living, per stirpes-, or if no issue of such child be then living, then to the issue of Grantor then living, per stirpes, provided, however, that the share thereof, if any, passing to any of Grantor's issue for whom the Trustee is then holding a share of Fund B hereunder shall be added to such issue's original share held under Fund B, and such issueis original share so augmented shall be held and/or distributed on the same terms and conditions as are provided for such issue's original share of Fund B. Payment to lssue of a Deceased Child. Each share set apart for the then living collective issue of a deceased child of Grantor shall be paid over and distributed to such issue per stirpes pursuant to paragraph 4 below. 4. Payment to lssue of a Deceased Ghild and Others. With respect to any share vesting in and payable to any beneficiary pursuant to paragraph 4c or pursuant to Article Vl, the Trustee shall continue to hold such beneficiary's share until such beneficiary attains the ages specified herein, at which time such beneficiary shall have the right at any time or times by request to the Trustee to withdraw in one or more sums an arhount not to exceed in the aggregate, when added to amounts, if any, previously withdrawn by such beneficiary, the following percentages of the sum of ia) the principal of the share then held hereunder for such beneficiary's benefit valued for this purpose at the time of each such withdrawal, plus (b) the amount, if any, previously withdrawn by such beneficiary, valued at the time or times of such previous withdrawal(s): (a) At age (b) At age 50o/o lOOo/o. 30 35 ln the meantime, the Trustee shall pay to or for the benefit of such beneficiary so much of the net income and of the principal of such beneficiary's share as the Trustee in such Trustee's Discretion deems advisable for the Financial Requirements of such beneficiary. Should any beneficiary die before complete distribution of such ARTICLE IV. - PAGE 3 Trust Aqreement of Anita L. Korchmar beneficiary's share, the principal and all undistributed income so held for such beneficiary shall be paid over and distributed to such beneficiary's then living issue, per stirpes. lf such beneficiary has no issue surviving, such beneficiary's share shall pass to such beneficiary's siblings who are also the issue of Grantor, per stirpes. lf such beneficiary has no such siblings surviving, then such beneficiary's share shall pass to the issue of Grantor, per stirpes. 5. Loans to Beneficiaries. The Trustee shall have the right, in the Trustee's Discretion, to make loans in any amount to any income beneficiary for any purpose that the Trustee deems advisable on such terms as the Trustee deems appropriate, with or without securitY. 6. Division of Fund B for Generation Skipping Purposes. Notwithstanding anything to the contrary herein contained, upon the death of Grantor Fund B shall be divided further into two separate trusts, hereby designated SHARE ONE and SHARE TWO. SHARE ONE shall be that portion of this trust which is wholly exempt from generation skipping transfer tax pursuant to the allocation of Grantor's GST exemption as described in 552631and 2632, including any amount being transferred to this trust from Fund A which is exempt because of the use of Grantor's GST exemption or Grantor's spouse's GST exemption or any amount transferred from any source which is wholly exempt from such generation skipping transfer tax. SHARE TWO shall consist of the balance of the assets, if any, that have been transferred to this trust which are not wholly exempt from the generation skipping transfer tax. Allocations of property to SHARE ONE and SHARE TWO may be made in the Trustee's Discretion wholty or partly in kind, by allocating specific property, real or personal, or undivided interests therein as a part or the whole of such SHARE ONE and SHARE TWO at values as finally determined for federal estate tax purposes. Provided, however, that the assets to be allocated to SHARE ONE and SHARE TWO shall be selected by the Trustee in such manner that such assets will have an aggregate fair market value fairly representative of SHARE ONE'S and SHARE TWO'S respective proportionate shares of the appreciation or depreciation in value from federal estate tax values to the date or dates of allocation of all assets then available for allocation to SHARE ONE and SHARE TWO. Except as herein specifically provided, SHARE ONE and SHARE TWO shall be held as provided for Fund B generally. After the Division Date, each child of Grantor's separate share of the trust shall be divided into two Trusts, hereby designated the M|CHAEL KORCHMAR SHARE ONE and the MICHAEL KORCHMAR SHARE TWO, and the ROBBIN GILLIGAN SHARE ONE and the ROBBIN GILLIGAN SHARE TWO, all of which, except as herein specifically provided, shall be held as provided for the Trust generally. Each child's separate SHARE ONE shall be that portion of his or her separate share of this trust which is wholly €xempt from ARTICLE IV. - PAGE 4 Trust of Anita L. Korchmar generation skipping tax pursuant to the allocation of Grantor's GST exemption as described in 552631 and 2632, including any amount being transferred to his oi her separate share of this trust from Fund A which is exempt because of the use of Grantor's GST exemption or Grantor's spouse's GST exemption or any amount transferred from any source which is wholly exempt from such generation skipping transfer tax. Each child's separate SHARE TWO shall consist of the balance of the assets, if any, that have been transferred to his or her separate share of Fund B, which are not wholly exempt from the generation skipping transfer tax. Notwithstanding the foregoing, if any child of Grantor has predeceased Grantor, or failed to survive Grantor for a period of 90 days, the Trustee shall apply the predeceased ancestor exception of lnternal Revenue Code Section 261Z(cl?) in the mandatory division of the Trust into a SHARE ONE and a SHARE TWO so that a share of the Trust set aside for and vesting in the estates of the children of a deceased child of Grantor is comprised, to the fullest exient possible, from the assets of SHARE TWO of this Trust. Notwithstanding any provision to the contrary contained herein, after the Division Date, Grantor's child shall have the right to request in writing delivered to the Trustee, to withdraw in one or more sums the entire principal balance of such child's SHARE TWO of the trust. Upon the death of any child of Grantor, such child's separate SHARE TWO shall be distributed by the Trustee in such shares as such child of Grantor shall by such child's will appoint among those of Grantor's issue who are living at such date, and the spouses then living of issue who have predeceased such child of Grantor, as well as among the creditors of such child's estate. This power shall be exercisable only by specific reference to it in a will executed after Grantor's death. The exercise of this power shall create no new power of appointment. Subject only to these restrictions any appointment under this power may be made for life or for such other estates as a child of Grantor may choose, in trust or otherwise, and may be subject to lawful spendthrift provisions, provided only that there will be no possible beneficiaries of such appointment other than those specified. ln default of an effective exercise of such power over all or any part of the principal of such child's separate SHARE TWO, all property then held in such separate SHARE TWO shall be distributed to the issue of such child then living per stirpes, provided, however, that the share thereof, if any, passing to any of Grantor's issue for whom the Trustee is then holding a share of the Trust hereunder shall be added to such issue's original share held under the Trust, and such issue's original share so augmented shall be held and/or distributed on the same terms and conditions as are provided for such issue's original share of the Trust. lf such child has no issue then living, SHARE TWO shall be distributed among the then living issue of Grantor, per stirpes. No distribution shall be made to any of ARTICLE IV. - PAGE 5 Trust of Anita L. Korchmar Grantor's children from a child's separate SHARE ONE so long as there are assets in such child's separate SHARE TWO. .ARTICLE IV, - PAGE 6 Trust Agreement of Anita L. Korchmar ARTICLE V SPECIAL PROVISIONS 1. Vesting of Trust. lt is Grantor's intention that no rule of law against perpetuities or any law restricting or limiting the duration of trusts apply with respect to any interest in real or personal property held in trust under this Trust Agreement, and that this trust be administered in accordance with the provisions of Section 21g1.O9 of the Ohio Revised Code, as amended. ln the event Section 2131.08 of the Ohio Revised Code shall apply to any trust established under this Trust Agreement despite this intention, no trust created under this Trust Agreement shall continue beyond twenty,one l21l years after the death of the last to die of those beneficiaries who were living as of the date of this Trust Agreement. lf that trust is subject to the rule against perpetuities, upon the expiration of such period all trusts shall terminate and the assets thereof shall be distributed outright to those beneficiaries (and in the same proportions) as are then receiving, or are then eligible to receive, the income therefrom. 2. lncapacitv of Beneficiaries. When any payments of income or principal of Fund B become payable to or may be withdrawn by any beneficiary who is at such time a minor or who in the sole judgment of the Trustee is mentally or physically incapacitated for any reason, then such payments may be made by the Trustee to such beneficiary or for such beneficiary's Financial Requirements, or to the parent, guardian or custodian of such beneficiary under the Transfers to Minors Act or other law of similar import of the appropriate jurisdiction, in the Discretion of the Trustee, and the receipt of any person to whom payment is so made shall be a sufficient release to the Trustee, or the Trustee may continue to hold such income or principal subject to the terms hereof for such beneficiary until in the sole judgment of the Trustee such beneficiary is no longer mentally, physically or legally incapacitated. ARTICLE V, - PAGE 1 Trust Agreement of Anita L. Korchmar ARTICLE VI NO NAMED BENEFICIARIES SURVIVING lf at the death of the survivor of Grantor and Grantor's spouse, or at any time thereafter, no child or issue of a deceased child of Grantor shall be living, and to the extent that powers of appointment granted herein have not been exercised, the Trustee shall continue to hold and/or distribute the remaining principal and any undistributed income of Fund B not otherwise vested as follows: 1 . One-half 11l2l to Grantor's niece, KAREN KLAINE, provided she is then living, but if she is not then living, to her then living issue per stirpes. 2. One-half 11l2l to the then living issue of Grantor's spouse's sister, RUTH RHEINGOLD, oer stirpes, ARTICLE VI. - PAGE 1 Trust Aareement of Anita L. Korchmar ARTICLE VII TRUSTEE 1. Successor Trustees. lf either ANITA L. KORCHMAR and DON l. KORCHMAR cannot serve as Trustee for any reason, then the other Trustee shall be the sole Trustee. lf both ANITA L, KORCHMAR and DON l. KORCHMAR cannot serve as Trustee, then Grantor's children, MICHAEL KORCHMAR and ROBBIN GILLIGAN, or the survivor of them, shall be the substitute Co-Trustees. Notwithstanding the foregoing, at the Division Date, each child shall serve as sole Trustee for such child's separate trust created hereunder. 2. Power to Name Successor Trustee. Each individual Trustee or substitute individual Trustee shall have the right to name additional substitute Trustees, or to delete substitute Trustees previously named by such Trustee. The additional substitute Trustees shall be named by the Trustee appointing the substitutes by delivering a written notice to all Beneficiaries. The notice shall state the substitute Trustees and the order in which the substitutes shall serve 3. Powers of Successor Trustee and Waiver of Bond. Each Trustee, whether corporate or individual, shall have the same powers and duties as the original Trustee, and no bond shall be required of the Trustee or of any substitute Trustee. ARTICLE VII, - PAGE I Trust Agreement of Anita L. Korchmar ARTICLE VIII POWERS OF TRUSTEE The Trustee shall have all the powers and authorities which are now or may hereafter be conferred by law upon Trustees, and, in addition, the Trustee shall, subject to the limitations of Article lX, paragraph 7 hereof, in the administration of the trust, have full power and authority in the Trustee's Discretion: 1 . General. To hold and control all of the property in the trust, to collect all income thereof and to pay all taxes, expenses, and liabilities incurred in connection with the administration and management of the trust. 2. Stocks. Bonds, Real or Personal Pfoperty. To purchase, sell, and exchange, such stocks (including by way of example only the stock of any corporate Trustee hereunder, the Trustee's parent or affiliate [hereinafter referred to as "Trustee's stock"]), bonds or other investments or property, real, or personal including participation in any Common Trust Fund established and maintained by the Trustee for the collective investment of fiduciary funds, all without reference to the laws of any state, court order, or the rules of any court governing the investments of trustees; except, however, that any investment in Trustee's stock shall be made only upon the direction of Grantor during Grantor's lifetime, or after Grantor's death or during any period when Grantor may be unable to act for any reason, upon the direction of Grantor's spouse, or if neither Grantor nor Grantor's spouse is able to act for any reason, then by the direction of a majority of the adult beneficiaries then entitled to receive or who in the Trustee's Discretion may then receive income hereunder. Any sale or other disposition of any property may be for cash or upon such terms of credit or otherwise as the Trustee may deem advisable. 3. Retention of Trust Assets. To hold any of the property received by the Tiustee hereunder, in the same form of investments as that in which it was received, without liability for loss or depreciation resulting from such retention, although it may not be of the character of investments permitted by law to trustees and although it represents a large percentage of the total value of the trust. 4. Borrowing and Pledge of Trust Assets. To borrow from any person, firm or corporation, or from the banking department of any corporate trustee serving hereunder, upon such terms and conditions as the Trustee deems advisable for ARTICLE VIII. - PAGE I Trust Agreement of Anita L. Korchmar carrying out the purposes hereunder; to give notes therefor, with or without power of attorney to confess judgment; and to secure the payment of such loans by a pledge or mortgage of any or all of the property in the trust; to make loans as an investment upon such terms and conditions as the Trustee deems appropriate, with or without security; subject, however, to the other terms of this agreement even if the term of the loan extends beyond the term of lhis trust. 5. Title of Trust Assets. To hold or transfer any of the securities or other property in the trust in the name of the Trustee in or to bearer form or in the name of a nominee without disclosing any fiduciary relationship, but such registration shall neither increase nor decrease the liability of the Trustee. 6. Reat Property. To purchase real estate and to convey, with or without warranty, lease perpetually, or for a term of years, irrespective of the period of the trust, with or without privilege of purchase, transfer or exchange any property held in the trust estate at any time at such prices and upon such terms and conditions and in such manner as the Trustee deems advisable. 7 . Cash. To accumulate and retain cash in Fund B and keep the same uninvested for such length of time as the Trustee may deem advisable and to invest in and retain non-income producing securities or property and wasting assets in Fund B. 8. Estate Matters. To purchase, upon the request of the executor or administrator of Grantor's estate, securities or other property, real or personal, from the executor or administrator of Grantor's estate. The Trustee shall not be responsible or liable for any loss resulting to the trust estate by reason of such purchase. 9. Principal and lncome. To determine in cases of doubt whether money or property coming into the Trustee's possession shall be treated as principal or income, to charge or apportion expenses, losses and taxes as the Trustee deems proper. lf amounts received by the Trustee are characterized by the Internal. Revenue Code of 1986 as income, then the Trustee may characterize all such amounts as income despite any provisions of state law relating to the characterization of principal and income. lf securities are taken or purchased for the trust at a premium or at a price greater than their par value, the Trustee shall not be required to amortize such premiums or to set aside any part of the income as a sinking fund to retire or absorb such premiums and if securities are taken or purchased for the trust at'a discount, or ARTICLE VIII. - PAGE 2 Trust Agreement of Anita L. Korchmar at a price less than their par value, the Trustee shall not be required to treat or accrue as income any part of such discount. 1 0. Stock and Bond Rights. To exercise all rights with respect to any stocks, bonds or other securities or property, real or personal, held hereunder, and all persons, firms and corporations are authorized to deal with the Trustee in connection with said property as if the Trustee were the sole owner thereof. Provided, however, that shares of Trustee's stock shall be voted by the corporate Trustee or proxies given to others only if and as directed in writing by the Grantor, during Grantor's lifetime or after Grantor's death or during any period when Grantor may be unable to act for any reason, upon the written directiqn of Grantor's spouse, or if Grantor's spouse should be unable to act for any reason, then by the written direction of a majority of the adult beneficiaries then entitled to or who may receive income hereunder. 1 1 . Separate Shares Permissible. To invest and keep invested all or any part of the property of the separate shares held in Fund B hereunder in one fund, allocating to each such share an undivided interest in the fund in proportion to such share's contribution thereto. 12. Outside Adyisors. To employ or consult with agents, advisors and legal counsel, other than the regular employees of any corporate Trustee in connection with the Trustee's duties hereunder, and to determine and pay such persons, firms or corporations the reasonable value of their services. 1 3. Compromise. To compromise and adjust any and all claims in favor of or against the trust and in case of any litigation involving the trust, to arbitrate, settle or adjust any matters in controversy. 14. Execution of Gontracts and Voting. To make, execute and deliver all contracts, deeds, assignments, proxies, powers and other instruments, and to do in general any and all things for the preservation and management of the trust. 1 5. Life llrsurance. To pay from Fund B premiums on all insurance policies owned by Grantor on the date of Grantor's death on the life of anyone other than Grantor, and to purchase and carry in Fund B new poticies of insurance on the life of anyone in whose life the beneficiaries of Fund B would have an insurable interest. 1 6. Distributions. To distribute income or principal of the trust in cash or in kind, including non-pro rata distributions in kind. ARTICLE VIII. - PAGE 3 Trust of Anita L. Korchmar 17 . Business lnterests. To participate in the conduct of any business in which the trust hotds stock, delegate to others Discretionary power to take any actions with respect to its management and affairs, including becoming a party to a voting trust agreement and rn "gr""rent of which the Trustee is the voting trustee or one of them, and invest additional capital in, subscribe to additional stock or securities of, or lend money or credit with or without security to such business' The Trustee may rely upon the reports of accountants as to th'e operation and financial condition of any such business, corporation or otherwise, without conducting its own investigation. 18. Options, Warrants.. Puts and Galls. To buy, sell and deal in options as writer of call options against securities, stocks, convertible preferred stock, convertible bonds and warrants whether or not they are owned by the trust, i.e., covered or uncovered options, to repurchase written call options in a closing transaction, to deliver the securities for cash if the option is exercised, to buy "put" options for securities, stock, convertible preferred stock, convertible bonds and warrdnts, whether or not they are owned by the trust, i.e. covered or uncovered options, to resell "put" options in a closing transaction and to receive the securities for cash if the option is exercised. 19. Margin. To buy, sell and trade in securities of any nature, including short sales, on margin, and for such purposes may maintain and operate margin accounts with brokers, and may pledge any securities held or purchased by them with such brokers as security for loans and advances made to the Trustee. 20. Disclaimers. To disclaim, on behalf of the Trust as a disclaimant under the Uniform Disclaimer of Transfers by Will, lntestacy or Appointment Act, applicable state law, lnternal Revenue Code Section 2518, or any law of similar import' ln deciding whether to exercise the right to disclaim, the Trustee shall consider the estimated income, estate, and inheritance tax (federal, state and local) payable by reason of the exercise or non-exercise of the disclaimer upon any beneficiary of this Trust or other member of Grantor's family and any other factors that the Trustee considers relevant. The Trustee shall have no liability to any beneficiary of Grantor's estate or of this Trust or to any member of Grantor's family for any decision made with respect to any disclaimer. ARTICLE VIII. - PAGE 4 Trust Agreement of Anita L. Korchmar ARTICLE IX MISCELLANEOUS PROVISIONS 1 . Record Keeping Duties of Trustee. During any period that the Trustee has the investment responsibility, the Trustee shall keep an appropriate record of the administration of the trust and shall render statements of such administration not less often than quart€rly to the adult beneficiaries and to the guardian(s) of beneficiaries under disability who are from time to time entitled to receive income hereunder. The Trustee shall make available to any income or remainder beneficiary, at no additional cost and upon written request from time to time, either the details of securities transactions undertaken in such beneficiary's trust or a broker's confirmation thereof. (b)During any period that the Trustee has no investment responsibility, the Trustee shall keep an appropriate record of the administration of the trust and shall render statements of such administration not less often than quarterly to the adult beneficiaries and to the guardian(s) of beneficiaries under disability who are from time to time entitled to receive income hereunder. The Trustee shall make available to any income or remainder beneficiary, at additional reasonable cost and upon written request from time to time, either the details of securities transactions undertaken in such beneficiary's trust or a broker's confirmation thereof . (c) Relative to paragraphs (a) and (b) of this paragraph 1, the Trustee anticipates that in the normal operation of the trust there will be no special remuneration to it arising from securities transactions other than its normal account fee as provided elsewhere in this Agreement. Should special additional remuneration be necessary, the Trustee agrees to disclose the same to each such beneficiary at or before the time of the transaction. (a) ARTICLE IX. - PAGE I Trust Aoreement of Anita L. Korchmar 2. Life lnsurance. The Grantor or any other person may cause policies of life insurance to be made payable to the Trustee as beneficiary. The Trustee may receive any property, real or personal, transferred, or otherwise payable to the Trustee by the Grantor or by any other person for the purposes of the trust(s) herein created, which additions, on receipt and acceptance by the Trustee, shall become a part of the trust estate. 3. Spendthrift Provisions. No income or principal of Fund B shall be subject in any manner to anticipation, sale, transfer, assignment, pledge, encumbrance, charge or alienation. lf the Trustee determines that any beneficiary of Fund B of this trust has become insolvent or bankrupt, or has attempted to antisipate, sell, transfer, assign, pledge, encumber, charge or otherwise in any manner alienate any rights, interests of or amount payable to such beneficiary under Fund B, or that there is any danger of any levy or attachment or other court process or encumbrance on the part of any creditor of such beneficiary against any amount payable, benefit, right or other interest of such beneficiary under Fund B, the Trustee may, at any time, in the Trustee's Discretion, withhold any or all income or principal payable to such beneficiary under Fund B and apply the same for the Financial Requirements of any such beneficiary, or to or for the benefit of such beneficiary's spouse, children or other dependents, or any of them, in such manner and in such proportions as the Trustee may decide. 4. Interpretation by Trustee. The interpretations placed upon this instrument by the Trustee in good faith or upon advice of counsel of the Trustee's own choosing, who may or may not be counsel for any person interested under this agreement, shall be final, binding and conclusive upon all persons. 5. Applicable Law. The trust hereby created shall be governed by the laws of the State of Ohio. 6. Amendment and Revocation. The Grantor may at any time amend or revoke this agreement, in whole or in part, by instrument(s) in writing delivered to the Trustee; provided that the Trustee may refuse to accept any amendments to the trust by giving notice to the Grantor within ten (1O) business days of receipt of such amendment. 7 . Savings Protection. To the extent that the exercise by the Trustee of any of the powers herein conferred upon the Trustee would disqualify Fund A for the marital deduction allowed for federal estate tax purposes for property passing to a ARTICLE IX. - PAGE 2 Trust Aqreement of Anita L, Korchmar surviving spouse under applicable laws and regulations, then and to such extent such powers shall be considered as applicable solely to the administration of Fund B. 8. Administrative Gonvenience. Notwithstanding any other provisions of this trust, if an individual then serving as Trustee determines that the value of Fund A or Fund B or any share thereof is tess than $50,000, so as to be impractical to administer, then such Trustee shatl have the authority to distribute all of either such Fund or share thereof to the current income beneficiary(ies) in the same proportions as such beneficiary(ies) are currently receiving income (as to Fund A, distribution may be made only to Grantor's spouse). lf a corporate Trustee determines that the value of the trust estate or any share thereof is so small in value as to be impractical to administer, then the Trustee shall have the authority to distribute all of the trust estate or share thereof to the current income beneficiary(ies) in the same proportions as such beneficiary(ies) are currently receiving income. lf the income of such trust or fund is being distributed and/or accumulated in the Discretion of the Trustee, then the distribution shall be made among the beneficiaries as follows: lf Grantor's spouse is the only beneficiary or one of the beneficiaries, all to such spouse. lf Grantor's spouse is not a beneficiary and the beneficiaries are only the issue of Grantor, then to the then living issue, per stirpes; but if the beneficiaries are not only such issue, then to the then living beneficiaries in equal shares. 9. No Duty to lnvestigate. The Trustee shall not be obligated to investigate the acts of the personal representative of Grantor's estate, and the Trustee shall have no liability with respect to any acts performed by or omissions of such personal representative. 1O. Acceleration of a Beneficiary's lnterest. The renunciation, surrender, release, disclaimer or forfeiture by any beneficiary of part or all of such beneficiary's interest in any of the trust funds or shares created hereunder shall accelerate the interests of the remaindermen in the portion of the trust so renounced, surrendered, released, disclaimed, or forfeited, in the same manner as would such beneficiary's death, and all of the provisions of this trust shall be construed thereafter on that basis' It is Grantor's intent that in the event Grantor's spouse disclaims part or all of Grantor's spouse's interest in Fund A, Grantor's spouse shall retain said spouse's interest in Fund B as increased by such disclaimer, except to the extent that Grantor's spouse may separately disclaim any interest in Fund B hereunder. b) (b) ARTICLE IX, - PAGE 3 Trust Agreement of Anita L. Korchmar 11 . Excludable Property. Notwithstanding any other provision of this agreement, if the Trustee receives any property which is excludable from Grantor's gross estate in determining the federal estate tax payable by Grantor's executor or idrinirtrutor, (herein called "excludable property"), the Trustee shall not use any of such excludable property for the purposes of paragraph 1 of Article lV of this agreement, nor shall the Trustee use any portion of such excludable property in any oih"r manner for the benefit of Grantor's estate. Such excludable property shall be added to the principal of Fund B (unless otherwise allocated by the terms of the dispositive instrument) after deducting the expenses, including taxes, if any, incurred in connection with the receipt thereof, which expenses may be paid out of such excludable property. 12. Tax Oqalified Plans. ln the event that the Trustee shall be designated by Grantor as the beneficiary of the death benefit under any qualified pension, profit sharing, stock bonus or Keogh plan trust or lndividual Retirement Account or similar trust or plan in which Grantor is a participant and under which the Trustee, as beneficiary, may elect (with or without the consent of any other person) the mode of payment and method of income taxation, the Trustee may elect that mode of payment and method of income taxation that the Trustee determines to be the most advantageous option available under the plan to this trust and its beneficiaries, in terms of income and/or estate and/or inheritance tax (federal, state and local) considerations and/or investment return considerations, based on the Trustee's evaluation of the facts and circumstances relevant to such considerations as they exist at the time the Trustee makes such election. 1 3. Real Estate Soecial Situations. lf the Trustee is unable to act as Trustee with respect to any real estate, then such person or persons or corporation as may from time to time be appointed by the Trustee in writing shall act as Trustee with respect to such real property, without order of court, and shall have all the powers and Discretions with respect to such property as are herein given to the original Trustee, and shall be paid the reasonable value of the services rendered. The Trustee appointed in this agreement may remove such person, persons or corporation appointed by the Trustee with respect to said real estate and appoint another Trustee upon ten (10) days written notice. Should such property be sold, exchanged or otherwise disposed of, the proceeds thereof shall be remitted to the original Trustee appointed hereunder. Such appointed Trustee may employ the original Trustee as agent in the administration of such property. No surety shall be required on the bond of any appointed Trustee or agent acting upon the provisions of this paragraph. No periodic court accounting shall be required of such appointed Trustee, it being Grantor's intention to exclude any statutory accounting which may ordinarily be required. Such appointed Trustee shall, ARTICLE IX. - PAGE 4 Trust Aqreement of Anita L. Korchmar however, send quarterly statements to the current income beneficiaries and to the original Trustee under this agreement. 14. Personal Residences. ln the event that this trust owns any portion of one or more properties in which Grantor's spouse resided, Grantor's spousq shall have the right, for a period ending upon the later of two years after the death of Grantor or six months after the residence js transferred to the Trustee, to purchase such residence at the vatue as finally determined for federal estate tax purposes, and the Trustee is authorized to accept as payment for such residence property the assumption by Grantor's spouse of any mortgage then existing on such residence property, and to accept a second mortgage from Grantor's spouse for the balance of the purchase price if there is an existing mortgage; or to accept from Grantor's spouse a mortgage for the full purchase price if there is no existing mortgage on such residence property. The mortgage from Grantor's spouse shall be for a period determined by Grantor's spouse, but not to exceed twenty (2O) years, and shall, if Grantor's spouse desires, provide for payments of interest only, with the full principal due at the end of the term of the mortgage. The interest rate shall be a rate as is determined between Grantor's spouse and the Trustee. ln addition, the Trustee may allow any income beneficiary to reside in any such residence without requiring the payment of rent. 1 5. Division of Trust/Tax Allocations. The Trustee may, at any time without court approval, divide any trust hereunder into two or more separate trusts. such division shall be based upon the fair market value of the assets then held in trust. lf ' any property is directed to be added to any trust hereunder, the Trustee may hold such property as one or more separate trusts on terms identical to the terms of that trust to which such property was to be added. Further, the Trustee may allocate such property non pro-rata among the several trusts, if any, resulting from the division of the trust to which such property was to be added (including an allocation of all such property to one of such trusts). lf a trust is divided into separate trusts, the Trustee may (i) make different tax elections (including the allocation of the GST Exemption) with respect to each trust, (ii) expend principal and exercise any other Discretionary powers differently with respect to each separate trust, (iii) invest such separate trusts differently, and (iv) take all other actions consistent with the treatment of such trusts as separate entities. Further, the donee of any power of appointment with respect to a trust so divided may exercise such power differently with respect to each separate trust created by the division. Grantor anticipates that the Trustee may divide trusts hereunder (or hold an addition of property as one or more separate trusts) for both tax and administrative reasons. Thus, if the executor of Grantor's estate decides to atlocate some or all of Grantor's GST Exemption to any trust created hereunder, the Trustee may in its Discretion divide any such trust into separate trusts in order that no ARTICLE IX. - PAGE 5 Trust of Anita L. Korchmar trust hereunder has an inclusion ratio as defined in Code Section 2642lal(1) other than zero or one. Notwithstanding the foregoing, any severance or division of the Trust by the Trustee pursuant to the Trustee's discretionary authority granted by this paragraph which is made for the purpose of creating an inclusion ratio of zero or one pursuant to Section 2642(al$) shall conform with the requirements of Treasury Regulation Section 26.2654-1(b)(1)(ii) and Section 26.2654-1(a)(1)(ii). In addition, if any child of Grantor has predeceased Grantor, or failed to survive Grantor for a period of 90 days, the Trustee shall apply the predeceased ancestor exception of lnternal Revenue Code Section 2612(clQ) in any discretionary division of the Trust pursuant to this paragraph so that any share of the Trust set aside for and vesting in the estates of the children of a deceased child of Grantor is comprised, to the fullest extent possible, from a separate trust with an inclusion ratio of one. 1 6. Merger of ldentical Trusts. Notwithstanding any provision of this agreement, if after the death of Grantor and the completion of the administration of Grantor's estate, there exists any other trust agreement between any grantor and the Trustee herein containing a trust with identical beneficiaries and terms substantially the same as the terms of this trust and that has the same inclusion ratio relative to the generation skipping transfer tax, then the Trustee, in the Trustee's Discretion, may ."rg" this trust with such other trust and, upon such merger, shall terminate either the trust under this agreement or, if authorized by such other trust, the corresponding trust, and add the trust estate of the terminated trust to the remaining trust, and the assets so transferred shall thereafter be held, treated and disposed of as a part of the surviving trust. 17. Resignation, Replacement of Trustee. (a)The Trustee shall have the right at any time to resign as Trustee on notice of such intention to resign to the Grantor, if living, or after Grantor's death, to Grantor's spouse, and after the death of Grantor's spouse, to the adult beneficiaries and the guardians of any minor beneficiaries who currently may or do receive income hereunder, fifteen (15) days before resignation, to Grantor's or their last known addresses. ln case of such resignation and a successor Trustee is not chosen pursuant to Article Vll, the Grantor, and after Grantor's death, Grantor's spouse, and if Grantor's spouse is not living, a majority of the beneficiaries and the guardians of any minor beneficiaries entitled to notice after Grantor's death, shall have the right to appoint a successor Trustee by a writing delivered to the Trustee. lf no successor ARTICLE IX. - PAGE 6 Trust Aqreement of Anita L. Korchmar Trustee is so designated within fifteen (15) days after such written notice of intention to resign has been sent, or if there be no beneficiary entitled to notice. then without notice or other formality the Trustee may appoint a successor Trustee. (b)Notwithstanding any other provision of this agreement, the Grantor, and after the death of Grantor, Grantor's spouse, or if such spouse shall not be living, a majority of Grantor's adult beneficiaries and the guardians of any minor beneficiaries then receiving or who may receive income hereunder shall have the right to remove the Trustee by giving the Trustee fifteen (15) days notice of such intention in writing, and the Grantor or Grantor's spouse or a majority of such adult beneficiaries and the guardians of any minor beneficiaries, as the case may be, shall have the right to appoint a successor Trustee. (c)The successor Trustee (other than any successor appointed by Grantor), shall always be a bank or trust company having a capital and surplus of at least $50,000,000 according to the last statement published by it prior to its appointment. (d) Upon the appointment of a successor Trustee and the transfer of the trust to the successor Trustee, and obtaining a receipt therefor, the Trustee ceasing to serve shall be released from any and all future duties arising out of this Trust. No successor Trustee shall be obligated to investigate the acts of any prior Trustee except upon written request of any beneficiary and the agreement of the beneficiary to pay the costs of the Trustee for such investigation. 1 8. Use of Available lnformatio.I. ln making any determination or exercising any Discretion or making any distribution under this trust, the Trustee may act on information and evidence available to the Trustee, upon which the determination, exercise of Discretion or right to distribution may depend, including but not limited to marriages, deaths, birth.s, financial conditions and proiections of financial conditions of beneficiaries, and other events and relationships. Any determinations, exercises of Discretion or distributions made by the Trustee in good faith on such information and evidence which the Trustee may have or may obtain from members of Grantor's family, Grantor's collateral relatives or other persons interested in this trust without actual notice of any change shall fully satisfy the responsibility of the Trustee in the ARTICLE IX. - PAGE 7 Trust Agreement of Anita L. Korchmar performance of this trust. With respect to any distributions hereunder. any person feeling aggrieved by such distribution shall pursue his remedy, if any, against the distributees and not against the Trustee. 1 9. Definitions. As used .in this trust, the following words shall have the following meanings: h)"Child" or "children" means lawful child or children and shall include lawfully adopted child or children but shall not include an heir designated by law pursuant to Ohio Revised Code Section 2105.15 or any similar statute of another state. (b)"Code" means the lnternal Revenue Code of 1986, as it now exists or may hereafter be amended, and any reference to a section of the Code shall mean such section as it may be amended from time to time. (c)"Discretion" means the reasonable exercise of the Trustee's judgment. (d) "Financial Requirements" means support in a beneficiary's accustomed manner of living, education, and medical care, and in determining the Financial Requirements of a beneficiary, the Trustee shall consider, to such extent as the Trustee determines to be proper, other funds known to the Trustee to be available to such beneficiary for such purposes. Notwithstanding the foregoing, the Trustee shall not make a distribution to a beneficiary whose parent has the power to remove and replace the Trustee if such distribution would relieve such beneficiary's parent of an obligation of support (e) "GST Exemption" means the exemption provided for in Section 2631 of the Code and allocated in accordance with the provisions of Chapter 1 3 of the Code. (f)"lssue" means lawful lineal descendants and also include persons lawfully adopted as well as those of the blood but shall not include an heir designated by law pursuant to Ohio Revised Code Section 2105.15 or any similar statute of another state. ARTICLE IX. - PAGE 8 Trust Agreement of Anita L. Korchmar (g) "Lawfully adopted" shall only include those persons adopted prior to their eighteenth birthdaY. (h)"Trustee" means and includes any successor trustee and such successor trustee or trustees shall have the same powers, rights, duties and obligations as set forth herein for the original Trustee. 20. Notice. All notices or requests provided for in this trust shall be in writing and made by certified or registered mail, return receipt requested, addressed to recipient's last known address, and shall be deemed to have been given on the date stamped on such return receipt. lf such notice or request is returned undelivered, then the Trustee shall make alt reasonable efforts to locate and contact the intended recipients by other means. The date notice shall be deemed to have been given if no signed receipt is returned shall be the date on which all reasonable efforts have been exhausted 21 . lnterpretation. Words in the singular in this agreement may be interpreted as plural and vice versa, and words used in the masculine may be interpreted as feminine or neuter and vice versa, all as the sense may require. 22. Deferred Compensation Fenefits. The Trustee shall add to the principal of the trust any payments or property it may receive pursuant to any deferred compensation agreement, but the Trustee shall allocate to principal only the net proceeds thereof after the deduction of any expenses in connection with receipt thereof, including income taxes, if any, that may have to be paid on account of such receipt. Such expenses and taxes, if any, shall be paid by the Trustee out of the payments or other property so received. 23. "s" Corporation Stock. lf there are shares of stock in an "S" corporation allocated to Fund B this trust and Fund B would not be a qualifying "S" corporation trust under Code Section 1361 (d), then such shares which would otherwise be atlocated to Fund B shall instead be allocated, held and administered as follows: @ Allocation Provisions: (i)lf Grantor's spouse is a beneficiary.of Fund B and is a citizen or resident of the United States, as those terms are used in Code Section 1361(d)(3)(B), then the Trustee shall allocate all of such shares to a separate trust within Fund B ARTICLE IX. - PAGE 9 Trust Aqreement of Anita L. Korchmar for the benefit of such spouse which shall be held and administered as provided below. (ii)lf Grantor's spouse is not a beneficiary of Fund B or is not a citizen or resident of the United States as those terms are used in Code Section 1361 (d)(3)(B), then the Trustee shall divide the shares of stock into separate trusts, one for each of Grantor's children. lf a child is then deceased, the shares of stock which would otherwise have been allocated to a separate trust for such child's benefit shall be held in a separate trust for the benefit of such child's spouse if such child has provided for this pursuant to the child's power of appointment set forth in Article lV. lf no such exercise of that power has been made, or such child's spouse is then deceased, then the deceased child's share shall be divided into separate trusts to be held for each of such deceased child's then living issue, pelstiroes. lf the child has no issue surviving then it shall be held for the remaining children of Grantor or such remaining children's spouse(s) or issue as hereinbefore set forth. (b) Administrative Provisions for the Separate Trust{s): Any trust created pursuant to the provisions of paragraph (a) above shall be held and administered as provided below: All of the income shall be paid to the beneficiary during the term of the trust. ( ii)The Trustee may pay to or apply for the benefit of the beneficiary such amounts of the principal of the trust as the Trustee deems necessary or desirable, in the Trustee's sole Discretion, for the Financial Requirements of such beneficiary. (iii)The trust, if for the benefit of Grantor's spouse, shall terminate on the death of Grantor's spouse and all remaining principal shall be allocated pursuant to paragraph 23(a)(ii) of this Article lX. (i) ARTICLE IX, - PAGE I O Trust Aqreement of Anita L. Korchmar (c) (iv)lf the beneficiary of such separate trust is a child of Grantor, then following the death of such child, it shall be held for such child's spouse if the child has exercised the power of appointment for the benefit of such spouse under Article lV. lf the beneficiary of such separate trust is a spouse of a child of Grantor, then upon the death of such beneficiary, it shall be divided into separate trusts for each of the child's then living issue, per stirpes, but if none shall be living, then to the separate trusts for Grantor's other children or their spouse(s) or issue as hereinbefore provided. lf the child has not exercised such power of appointment in Article lV in favor of his or her spouse, or the child's spouse is not living at such child's death, then at such child's death, such child's separate trust shall be divided in separate trusts for each of the child's then living issue, oer stirpes, but if none shall be living, then to separate trusts for Grantor's other children or their spouse(s) or issue as hereinbefore provided. lf the beneficiary is a grandchild or more remote lineal descendant of Grantor, then the trust shall terminate on the earlier of the following events: the death of the beneficiary or the beneficiary attaining the age of 30 years. lf the beneficiary is alive at the time of termination of the trust, all the remaining principal of the trust shall be distributed to the beneficiary. lf the trust terminates on the beneficiary's death, the remaining principal of the trust shall be distributed to the beneficiary's estate. Refusal to Elect. Prior to or simultaneous with the allocation of shares being made pursuant to this paragraph 23, the Trustee shall obtain from each beneficiary an executed election as provided by Code Section 1361(d). lf a beneficiary fails to execute the election provided for by Code Section 1361 (d), no shares shall be allocated to such beneficiary's trust and such shares shall then be allocated pro rata to those beneficiaries who do execute such elections; provided, however, if there is no existing agreement between the "S" corporation and its shareholders which requires distribution of an amount of dividends equal to any shareholder's highest federal and state income tax rates multiplied by the corporation's income for federal income tax purposes, then such ARTICLE IX, - PAGE 1 I Trust Asreement of Anita L. Korchmar refusal to elect shall not cause a reallocation of such beneficiary's shares. (d)Paragraph 3 of this Article lX shall not apply to any separate trust created by this paragraph 23. 24. Gompensation of Trusteo. Any individual Trustee shall receive such compensation for services as is provided for by law or as agreed upon in writing between the Grantor and such Trustee. Any corporate Trustee shall receive such compensation for its services as is provided for in its schedule of fees from time to time in effect. Such compensation, other than the compensation on ultimate dis- tribution which shall be charged against principal, shall be charged against income or principal in accordance with the Trustee's discretion. unless the Grantor, during Grantorls lifetime, or a majority of the adult beneficiaries otherwise direct. Upon the resignation or removal of any corporate Trustee or upon distribution of any assets of the trust, the corporate Trustee's compensation shall be a reasonable fee measured in terms of services actually rendered in connection with such transfer and/or distribution of such assets as opposed to being based upon the value of the assets of the trust at that time. ARTICLE IX. - PAGE I2 Trust Aqreement of Anita L. Korchmar lN WITNESS WHEREOF, the Grantor and the individual Trustees have executed this Agreement as of the day and year first above written. IN THE PRESENCE OF: ANITA L. KORCHMAR, ntor and Trustee As to the Grantor DON l. KORCHMAR, Trustee to the Trustee ARTICLE IX. - PAGE I3 of Anita L. KorchmarTrust RECEIPT AND ACKNOWLEDGMENT Receipt and Acknowledgment of the Amendment in the Entiretv to the Trust this 4.7 a^v ofent contai ned herein and is hereby acknowledged zooe, PNC BANK, N.A.d,"a By:4-6 KTBH:504079.1 ARTICLE IX. - PAGE I4 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS($) 1) L 20 l Cl cx:x::n307 (title, if 1, applicable) M1cHAELK0Rof cHMAR 116HERONAVE (p r i n t n a m e ), a s o w N E R (company, l l ap]licable), swear or affirmunder oath, that I am the {choose one) owner� applicantO contract purchaser and that: *Notes: 1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with thisapplication and the Land Development Code; 2.All answers to the questions in this application and any sketches, data or other supplementary matterattached hereto and made a part of this application are honest and true; 3.I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4.The property will be transferred , conveyed, sold or subdivided subject to the conditions andrestrictions imposed by the approved action. 5.We/I authorize GREG ORICKMARINE CONSTRU CTION to act as our/my representative in any matters regarding this petition including 1 through 2 above. •If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. •If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." •If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. •If the applicant is a trust, then they must include the trustee's name and the words "as trustee". •In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. STATE OF FLORIDA COUNTY OF COLLIER that I have read the foregoing Affidavit of Authorization and that 2-22-/7' Date The foregoing instrument was sworn to (or affirmed) and subscribed before me on 2}22/ / q (date) by MlcHAELKORCHMAR (name of person providing oath or affirmation), as OWNER who is personally known to me or who has produced ______ _ (type of identification) as identification. STAMP/SEAL CP\08-COA-00115\155 REV3/24/14 Signature of Notary Public SHARETRUST Name: Michael Korchmar Address: 116 Heron Ave Naples, FL 34108 Date: 8/22/2019 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Name: Michael Korchmar Address: 116 Heron Ave Naples, FL 34108 Date: 3/25/2019 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Name: Michael Korchmar Address: 116 Heron Ave Naples, FL 34108 Date: 7/10/2019 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Michael Korchmar (BDE); PL20190000307; 7/10/19 5 of 6 Name: Michael Korchmar Address: 116 Heron Ave Naples, FL 34108 Date: 7/10/2019 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Michael Korchmar (BDE); PL20190000307; 7/10/19 6 of 6 Name: Michael Korchmar Address: 116 Heron Ave Naples, FL 34108 Date: 4/11/2019 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ CIVIL ENGINEERING - STRUCTURAL ENGINEERING - DRAINAGE - LAND PLANNING - SITE DEVELOPMENT - UTILITY DESIGN JB ENGINEERING OF SW. FL., INC. PHONE # (239) 949-0030 BONITA SPRINGS, FL. 34135 11338 BONITA BEACH ROAD SE. SUITE-105 COLLIER COUNTY, FL1 1BOAT HOUSEDRAWN BY:J.B.SCALE: AS NOTEDDATE: 3-18-19 - REV 8/26/19OFFLORIDA ENGINEERING BUSINESS #28318 JOB#: KORCHMAR B.H.116 HERON AVENUE MARINE CONSTRUCTION GREG ORICK II FOR:REVISIONSDATE:SYM.CHECKED BY:JOSEPH J. BOMBASSARO, P.E.FL REG. ENGINEER #50702THIS PROJECT HAS BEEN DESIGNED IN REQUIRED BY THE FLORIDA BUILDING ACCORDANCE WITH SECTION 1609 OF THE FLORIDA BUILDING CODE 6th EDITION TO WITHSTAND THE APPLICABLE WIND LOADS & LIVE & DEAD LOADS AS CODE 6TH EDITION FOR 170 MPH WIND LOADSROOF DESIGN LOADS: 16 P.S.F. LIVE LOAD 10 P.S.F. DEAD LOAD2x4 #2 SYP. PT CROSS TIES @ EACH RAFTER SET10"d WOOD PILES2.5 CCA TREATED(TYPICAL)DOCKS BY OTHERS15'11'SIMPSON H4 @ EACHRAFTEREXISTING SEAWALL CAP SCALE: 1/2"=1'-0"BUILDING SECTIONPILES TO BE MIN. 3 TONS BEARINGW/ MIN. 10' PENETRATION OR TOREFUSAL1x4 PT SIMPSON MTS12EACH RAFTERSHEET ROOF WITH 1/2" MARINE PLYWOOD SHEATHING. ATTACH WITH 8d GALV RING SHANKED NAILS @ 6" O.C. EDGES & 12" O.C. SHEET CENTERS4x12 MICROLLAM LVL BEAMS (CCA TREATED)APPROXIMATE MEAN HIGH WATER 2x12 P.T. RIDGE(2) 8"d S.S.. THRU. BOLTS PER POST. (TYPICAL)2x6 p.t. DIAGONAL BRACING ATTACHED WITH 5/8"d x 6" S.S. LAG BOLTS TO POST & SIDE BEAMS15'11'END VIEW(SCALE: 1/4"=1'-0")SIDE VIEW(SCALE: 1/4"=1'-0")18'-2"19'37'-10" 9'-3"9'-3"9'-3"9'-3" 1'-1"5"24'-2"2'-7"PLAN VIEW(SCALE: 1/4"=1'-0")1'-1"1'-1"2'-7"40' 1'-1"5" 116 HERON AVE NAPLES, FL 34108 SUBMERGED RESOURCE SURVEY OCTOBER 15, 2018 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE: N 26°16'11.06"N<> LONGITUDE: W 81°49'25.39"WSITE ADDRESS:<> 116 HERON AVENAPLES, FL 34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1552-orick-heron srs\CAD\SHEET\EIA\1552 SRS.dwg LOCATION 11/15/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ11-15-181552-2925ORICK-HERON SRSLOCATION MAP48-------------------01 OF 02COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWSUBJECTPROPERTYKEY WESTTAMPAFT.MYERSMIAMINAPLES NESW0 50 100200SCALE IN FEET·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:-1.32'0.27'185'185'Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1552-orick-heron srs\CAD\SHEET\EIA\1552 SRS.dwg SUBMERGED 11/15/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:T.T.T.RMJ11-15-181552-2925ORICK-HERON SRSSUBMERGED RESOURCE SURVEY48-------------------02 OF 02TYPICAL DIVE TRANSECTPROPERTY BOUNDARYDIVE TRANSECTSNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECT.200'200'216'10' 116 HERON COURT SUBMERGED RESOURCE SURVEY OCTOBER 15, 2018 Page 1 of 6 1.0 INTRODUCTION The proposed project site is located at 116 Heron Court, identified by Parcel Number 27635000005. The property is located along the east side of Vanderbilt Lagoon just south of the Bluebill Avenue Bridge. The property is also bound to the north and east by single-family residences and bound to the south by a man-made canal and to the west by Vanderbilt Lagoon. The property is within Section 29, Township 48 South, and Range 25 East. The upland portion of the property is a single-family residence. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to the proposed project. The proposed project consists of constructing a new docking facility within the man-made waterway portion of the Gordon River. The SRS survey was conducted on October 15, 2018. Light east winds, clear skies, and an outgoing tide resulted in visible access to the entire project area. Surface water conditions on this day were calm which also helped to provide fair environmental conditions for the survey. The water temperature was 77°F. High tide occurred at 6:05 A.M (1.9’) and low tide occurred at 1:13 P.M (0.5’) on the date of the survey. 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within the limits of the proposed dock project or within 200-feet of the project area. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the project in order to minimize any impacts. If seagrasses are present within the project area it needs to be determined if the seagrass beds are small in size or if they are part of a large seagrass bed. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit and I snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). 116 HERON COURT SUBMERGED RESOURCE SURVEY OCTOBER 15, 2018 Page 2 of 6 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed dock installation and the surrounding area expanding out 200-feet from the project site. The components for this survey included: ● Review of aerial photography of survey area ● Establish survey transects lines overlaid onto aerials ● Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage ● Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10-feet apart within the proposed dock footprint as shown on the attached exhibit. The survey was expanded out 200-feet from the proposed docking facility in order to verify no other resources were within the surrounding waterway. The neighboring properties and subject property have existing docks which helped to provide easily identifiable reference markers, such as dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. Two biologists swam these transects using snorkel equipment within the surveyed area. Another individual assisted with compiling notes and documenting findings on aerials. Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. 4.0 RESULTS The substrate found within the surveyed area included two distinct classifications; a silt muck with heavy shell debris and a silt/muck material with no shell debris. These substrates were found scattered throughout the surveyed area with the silt/muck observed mostly out along the main channel within Vanderbilt Lagoon. There were also small oyster clusters, scattered red boring sponges, and feather algae (Culerpa) observed growing on the existing rip-rap shoreline. The rip-rap shoreline also provided habitat and cover for numerous fish, crabs, and shell fish. Most of the surveyed area exhibited the silt/muck bottom that was devoid of any aquatic vegetation growth or any types of submerged resources. The lack of any submerged resources is most likely due to the overall water quality within the Vanderbilt Lagoon as 116 HERON COURT SUBMERGED RESOURCE SURVEY OCTOBER 15, 2018 Page 3 of 6 well as the water clarity not allowing much sunlight penetration. This was most evident in the deeper water depths. Various filamentous algae and macro algae were observed and documented growing along the bottom sediments throughout the survey area. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1 – Observed Fish Species 5.0 CONCLUSIONS The submerged resource survey at the site was completedd for the entire subject property shoreline and expanded out 200-feet which yielded some findings. These findings were observed growing on the rip-rap shoreline and because of that little to no negative impacts should be a result of the proposed docking facility expansion. All observed marine resources were were observed growing on or swimming around the rip-rap shoreline, existing dock, and piles. These areas were where all the observed fish species were located including: Gray/mangrove Snapper (Lutjanus griseus), Sheepshead (Archosargus probatocephalus), Stripped Mullet (Mugil cephalus), and a few Common Snooks (Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed docking facility modification. Common Name Scientific Name mangrove snapper Lutjanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis jack crevalle Caranx hippos 116 HERON COURT SUBMERGED RESOURCE SURVEY OCTOBER 15, 2018 Page 4 of 6 Rip-rap Shoreline 116 HERON COURT SUBMERGED RESOURCE SURVEY OCTOBER 15, 2018 Page 5 of 6 Muck/silt sediment along entire subject shoreline Muck/silt sediment along entire subject shoreline 116 HERON COURT SUBMERGED RESOURCE SURVEY OCTOBER 15, 2018 Page 6 of 6 Feather algae (Caulerpa sp) and Red boring sponge growth Feather algae (Caulerpa sp) growth on existing rip-rap AGENDA ITEM 3-C Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: DECEMBER 12, 2019 SUBJECT: PETITION VA-PL20180001818 (POOL PAVILION) PROPERTY OWNER/AGENT; Owner: Wedgefield of Naples Association, Inc. 13206 Wedgefield Drive Naples, FL 34110 REQUESTED ACTION: Agent: Sandra Boucher SLB Consulting of Southwest Florida, P.O. Box 2826 Bonita Springs, FL 34135 To have the Collier County Hearing Examiner (HEX) consider an application for a variance from Section 4.02.01, Table 2.1 of the Collier County Land Development Code to reduce the minimum side yard setback from 15 feet to 14.2 feet to allow for construction of a pool pavilion on the southern portion of condo Lot I and the abutting portion of condo Tract A. GEOGRAPHIC LOCATION: The subject property is located at 13246 Wedgefield Dr., in Section 1.5, Township 48 South, Range 25 East, Collier County, Florida, consisting of 1.04 +1- acres (See location map on page 2). Intentionally blank VA-PL20180001818 (Pool Pavilion) Revised: November 25. 2019 Page Z of 7 r Z g W 0 �Ll � O U i7 0 1� T ea �r C n arkn 9V i � „� ry ❑� ry M1 � a n� 6piaqA �1 a� de cL Q� ' U u) W VA-PL20180001818 (Pool Pavilion) Revised. November 25, 2019 CL [6 0 N C. 0 cu a J Page 2 of 7 ao Mr W v 0 0 00 T— C Q CV J LL L 43 0 0 - PURPOSE/DESCRIPTION OF PROJECT: Per Section 4.02.01, Table 2.1 of the Collier County Land Development Code, the required sideyard setback for a structure within the Residential Multi -Family -16 (RMF -16) zoning district is 15 feet. The petitioner is requesting a reduction from the side yard setback to situate a pool pavilion. SURROUNDING LAND USE AND TUNING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of the subject property: North: Developed multi -family residential with a current zoning designation of Residential Multi -Family -16 (RMF -16) East: Developed golf course with a current zoning designation of Golf Course and Recreational Use (GC) South: Undeveloped land, with a current zoning designation of Residential Multi - Family -16 (RMF -16) West: Wedgefield Drive (local road), then developed with multi -family residential with a current zoning designation of Residential Multi -Family -16 (RMF -16) Aerial (County GIS) VA-PL20180001818 (Pool Pavilion) Revised: November 25, 2019 Page 3 of 7 GROWTH MANAGEMENT PLAN GMP CONSISTENCY: The subject property is located within the Urban Residential Subdistrict of the County's Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests but deals with the larger issue of the actual use. As previously noted, the petitioner seeks a variance requesting a reduction from the side yard setback to situate a proposed pool pavilion. The subject use is consistent with the FLUM of the GMP. The requested Variance does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: Per Section 4.02.01, Table 2.1 of the Collier County Land Development Code (LDC), the required sideyard setback for a structure within the RMF -16 district is 50% of the building height but not less than 15 feet. The proposed building height of the pool pavilion will be 13 feet 9 inches. Half of this proposed height is six feet 10 inches. Because this calculation is below the 15 -foot threshold, the 15 -foot setback would apply. This pool pavilion will be Iocated within the Wedgefield Villas at Imperial development which is currently unplatted. It should be noted that the sideyard is measured from the east property line abutting the golf course, the front property line is measured to the south of the proposed pool pavilion off Imperial Golf Course Blvd, and the rear property line is located to the north. It should also be noted that the front setback abutting Wedgefield Drive does not apply as this is treated as a driveway and the County does not measure setbacks from driveways. Moreover, this proposed pool pavilion does comply with the required rear and front setbacks. The only setback the proposed pool pavilion will encroach is the sideyard setback with an encroachment of 4.8 feet. (See Attachment A — Conceptual Site Plan) CONCURRENT REVIEWS: The petitioner has submitted site development plans under Site Improvement Plan — Wedgefield of Naples Pool Pavilion (SIP) PL20160001810. (See Attachment C — Site Development Plans) The approval of this SIP is contingent upon approval of this variance and Administrative Parking Waiver (APR) PL 20180002911 (See Attachment B). It should be noted that this APR was approved on November 7, 2018. The decision to grant a variance is based on the criteria in LDC Section 9.04.03. A. through H. (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved:' Yes, the Variance request will allow the petitioner to use 4.8 feet of property that is contiguous to the pool property to construct the pool pavilion. The property is currently community common area with landscaping and irrigation. Utilizing this portion of the common area will have the least impact on the area since it is contiguous to the pool property. This will not impact any adjacent property owner. VA-PL20180001818 (Pool Pavilion) Revised: November 25, 2019 Page 4 of 7 b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes, the irregular shape of this lot did not result from any action by the applicant. Moreover, the petitioner was granted an Administrative Parking Waiver reducing the required number of parking spaces from 5 spaces to 0 parking spaces. This APR was approved November 7, 2018. (See Attachment B) The petitioner has indicated that within the multifamily development there are 12 parking stalls available for use for pool patrons along the Wedgefield Drive and are located approximately 300 feet from the pool gate. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes, because of the irregular shape of this lot this would bestow an undue hardship on the owner preventing construction of a pool pavilion as presented in the conceptual site plan. Moreover, there is a need for onsite bathrooms and indoor facilities for the residents using the pool. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the Variance proposed would be the minimum Variance to allow the decrease in the side yard setback from 15 feet to 10.2 feet for the building. Approval of the Variance would not have a negative impact on standards of health, safety, and welfare of the abutting parcels. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, by definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 provides relief through the Variance process for any dimensional development standard., such as the requested side yard setback decrease. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case by case basis. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The pool pavilion will be an accessory use to the existing pool and will be in harmony with the intent and purpose of the LDC and will not be injurious to the neighborhood, or other detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? VA-PL20180001818 (Pool Pavilion) Revised: November 25, 2019 Page 5 of 7 The applicant states, "The encroachment does not disturb current vegetation or surrounding property. " Staff concurs with this statement. h. Will granting the Variance be consistent with the GMP? Approval of this Variance will not affect or change the requirements of the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAQ RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn't impact any preserve area, the EAC did not hear this petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for PL20180001818 revised on November 25, 2019. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA- PL20180001818, Pool Pavilion Variance for a reduced minimum side yard setback from 15 feet to 10.2 feet. Attachments: A) Conceptual Site plan — Revised 10-29-19 B) Administrative Parking Waiver (APR) dated 11-7-18 Q Pool Pavilion — Site Development Plans dated 11-20-18 D) Application/Backup Materials VA-PL20180001818 (Pool Pavilion) Revised: !November 25, 2019 Page 6 of 7 PREPARED BY: :�;T� ..--A/rulq _. TIMOTHY F , AICP, PRINCIPAL PLANNER DATE ZONING DIVISION -ZONING SERVICES SECTION 1.7 A�1 ! X17;1'6 z'?_'-Z� Z3�d' _3\ lip -d 11 RAYMO V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION -ZONING SERVICES SECTION AMES FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT VA-PL20180001818 (Pool Pavilion) Revised: November 13. 2019 Page 7 of 7 I ZONING I RMF -16 I 0-17-2 EDAM 11.81 ri Attachment A 04 on 1w. PAS 1 I l._ u '_07k LOT 2 / To' Oft *UM K NO/ / 5' U1IIlY EAi1EifN1 RF511dICf TCdlOHC rFd81A110N r EN91 nm 1 r 1 r M. ■ 13.8 / ZONING / RMF --16 0 10' 20' 40' IMPERIAL GOLF COURSE BLVD. SCALE; 1' 20' / ' N 19' 00'E / / EAMM SPECIFICA71ONS CONFORM TO LOCAL .50 REDMIX BUILDING CODE REQUIREMENTS S 7 O'00'E / wowl" _ PROJECT DESC.: CONCEPTUAL SITE PLAN -EXHIBIT A VARIANCE 6.30 / NOT PR011lfD SLB CONSULTING 5 '00* w W OF SW FLORIDA, LLC PROJECT NO.: 20190473 CERTIFICATE OF AUTHORIZATION NUMBER: 29395 DRAWN BY: - / SCALE: 1"x•20' WDRA L WMHER, P.E PO BOX 2526 BONITA SPRINGS, FL. 34133 SHEET; 1 7 l OF 1 / PHONE: 239.250.3257 1 r r GOLF C(XJRSE / NOT PLATrED ZONING GC 'QO To' / / 5' U1IIlY EAi1EifN1 1° TCdlOHC rFd81A110N � HOf PRO'VpEU 1 r 1 � Iy � Ij I 0 10' 20' 40' IMPERIAL GOLF COURSE BLVD. SCALE; 1' 20' I CERTIFY THAT THESE PLANS AND CLIENT: WEDGEFIELD VILLAS AT IMPERIAL SPECIFICA71ONS CONFORM TO LOCAL BUILDING CODE REQUIREMENTS ADDRESS: 93206 WEDGEFIELD DR. _ PROJECT DESC.: CONCEPTUAL SITE PLAN -EXHIBIT A VARIANCE SLB CONSULTING RATE: 10-29-2019 OF SW FLORIDA, LLC PROJECT NO.: 20190473 CERTIFICATE OF AUTHORIZATION NUMBER: 29395 DRAWN BY: - PO BOX 2826, SCALE: 1"x•20' WDRA L WMHER, P.E PO BOX 2526 BONITA SPRINGS, FL. 34133 SHEET; 1 7 l OF 1 DONNA SPRIN65 a Ulm FLORIDA RE UCENSE NO. 71704 PHONE: 239.250.3257 Attachment B Col#;e,-r County Growth Management Department Zoning Services Section November 7, 2018 Robert M. Grzybowski Cronin Engineering, Inc. 6627 Willow Park Drive Naples, FL 34105 RE: APR-PL20180002911, Administrative parking Reduction (APR) for the Pool Pavilion at Wedgefield Drive located at 13206 Wedgefield Drive; AKA: Wedgefield Villas at Imperial, Lot 1, in Section 15, Township 48 South, Mange 25 East, of unincorporated Collier County, Florida. Property IDs/Folio Numbers: 00153521009, Dear Mr. Grzybowski: You have applied for an Administrative Parking Reduction, (APR) on behalf of your client Wedgefield of Naples Association, Inc. to reduce the required 5 parking space requirement for the pool pavilion at Wedgefield Drive to zero (0) parking spaces. This request came about with the proposed addition of an ADA compliant pool pavilion with 749 square feet of surface area. Said expansion requires a Site Improvement Plan Amendment (SIP) to be submitted and approved. As per your request, no parking spaces would remain the subject lot, but present within the same residential development are 12 parking stalls about 300 feet from the pool gate available for use by residents and their guests. You have also provided justification for a parking reduction being granted to accommodate the onsite parking deficiency. Submittal -Documents: Completed APR application; Affidavit of Authorization; Addressing Checklist; Narrative; Property Owner Disclosure; and Boundary Survey. Staff subsequently obtained a copy of the Site Improvement Plan (SIP) PL20160001810, currently under review; and a copy of Variance petition PL20180001818 application, Pra.iect Summary: Wedgefield of Naples Association, Inc. has submitted a SIP (PL2016-0001810) for the proposed addition of an ADA compliant pool pavilion with 749 square feet of surface area, The addition of this pool pavilion is considered to be accessory use to the existing swimming pool use, but the expansion would require the swimming pool use to meet current LDC parking requirements for said use. A Variance petition is currently under review to allow the pool pavilion to encroach 7,63 feet into the adjacent property line right-of-way currently owned by the association. Zo_ nin2: The Official Zoning Atlas reveals the subject property has a zoning designation of Residential ]Multiple Family - 16 (RMF -16). The zoning designation of the abutting properties are the following: • North — RMF -16 • South—RMF-16 • East— Golf Course (GC) • West —RMF -16 (Wedgefield Drive ROW) 0 Zoning division 9 2800 North Horseshoe Drive • Naples. Ft. 34104 + 235-252-2440 + www.coillergov.net Administrative Parking Reduction APR-PL20180002911 Page 2 q13 Review Comments: LDC subsection 4.05.04 F.2 states: "The County Manager or designee may determine the minimum parking requirements for a use which is not spectflcally referenced below of for which an applicant has provided evidence that a speck use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied, In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4,05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety, and welfare, " The applicant states that the Wedgefield pool is a private community pool that serves 28 residential units and has been in operation for over 20 years. Furthermore, with the furthest dwelling unit from the swimming pool being only about 622 feet away from residents typically walk or ride their bikes to and from the swimming pool, The applicant has further indicated that the multifamily development has 12 off-street parking stalls within 300 feet of the pool gate should parking be needed. As per the LDC Section 4.05.04.G., Table 17, the number of off-street parking spaces required for the, pool pavilion is equal to 5 park inspaces. LDC Section 4.05.04.G., Table 17 provides that swimming pools/hot rubs/spas (outdoor) require 1 parking space per 75 square feet of water areas for the first 1,000 square feet. Based on the submitted scaled survey staff was able to determine the subject swimming pool measures 18 feet by 36 feet or 648 square feet, which would result in 9 parking spaces being required. As alluded to within the applicant's narrative LDC Section 4,05.04.G., Table 17 allows for a reduction of the number of parking spaces required for small-scale recreation facilities accessory to multifamily projects intended only for residents of that project. Said provision allows for recreational facilities to be computed at 50 percent the normal requirement where the majority of dwelling units are not within 300 feet of the recreational facilities. There are 12 dwelling units within 300 feet from the lot boundaries of the swimming pool and 16 dwelling units beyond 300 feet from the lot boundaries of the swimming pool. Findings/Conclusion: Staff finds all elements of LDC Section 4.05.04 F.2 have been satisfied and the applicant has provided enough evidence to illustrate the uniqueness in nature of the existing use on the subject property and the unique relationship with the adjacent uses for which a parking agreement has been executed, so that the minitnum parking ratio of the LDC should not apply. Approval: Given the information provided, I hereby approve the subject APR request to allow for a parking reductio, from the parking requirement established by LDC Section 4,05.04.G., Table 17. The applicant is proposing for no parking spaces to be provided on the subject property for the pool pavilion use at Wedgef eld of Naples. The applicant indicated that within the multifamily development there are 12 parking stalls available for use along the Wedgefield Drive and are located approximately +1- 300 feet from, the pool gate. This approval is subject to the following: A. Approval of this Administrative Parking Reduction is largely predicated on the information outlined above and the evidence presented in the application request. Any changes to the facilities or conversion to another use shall necessitate a re -review of this parking reduction which may result in the need for additional parking spaces to be provided. B. This APR and the referenced parking summary/tabulation must be referenced as part of any SDP or any future amendment or insubstantial change as required by Code, C. If at any time Collier County officials determine insufficient parking exists to safely support the subject swimming pool use, the applicantlowner must act to alleviate the problem by any means necessary. Administrative Parking Reduction APR-PL20180002911 Page 3 00 If you should have any questions, please do not hesitate to contact me at 239-252-2733. Sincerely, Ray Bellows, Zoning Manager Zoning Services Section Attachments: cc: Michael Bosi, AICP, Zoning Division Director Josephine Medina, Planner Gilbert Martinez, Principle Planner I�j � ub�us Rp �� y T TAMNMI TAIL lu.•. now11 } r�VYyRa xa m J � r y�Iyy yyYy # rGrSi � C1 � IL— a�k� e7C9iRi611i � � n � - .� — xnneoR mx■t■!on■ 49 ,pP y e 11 I 1 LR0�1 IC 9 Y S 1 � � i yy � � MANINIII 1 C911RIPTIOXTPVIlwP1■.MP R >I A {i! L 'i _b on PIMe IIIA.: n" ■ Woo lilA•C MIY e Y Y 7 a n q A I� u I eUOY T Ml exel/a q1Y • 1 i fr-r.+l Y,cwn rr 7 tl tl yN F 11 a S9MLIIf11 i7 PILl�IIO T4M411P1 1u14AXaeldl y )r/ 1V1 k' . 1 +1 11 IJIM rM 6473■ o ■ FJI 'f! if 111uP■F o"4"C IT.Y �J • � , � �. �. } i lei} �`10.1M1 rIW7a q/1�,I«e.. ._ � R y S a r � = eIi}. 1� �a nX■uF■ r a I I } A7Y0 ■ 1• M.I. XY J-- r R t fJTI R N � 1 d p " d1t7dR>z�1AeFR�A ` L ,F g� 1 �II�1FJ�4 I'�1 1 u AF rr�. w1oa1Fl1�o x L ° u ' ' + Ii j - 1 F m u O 1 �o ea��s 0 Attachment C TIIE POOL PAVIL10 SITE IMPROVEMENT P LOCATED IN COLLIER COUNTY SECTION 15, TOWNSHIP 48 SOUTH, RATE 25 EAST PART OF ERP##: 11 -00 1 73-S NG INDEX AR - PL20 1 00 `181 �RA�r� C-1 COVER PAGE APR - P L 01 0 02 SURVEY ' 1 C-3 SITE PLAN tITY DETAILS OWNER { DEVELOPER. WEDGEFIELD OF NAPLES ASSOC. INC. 13206 WEDGEFIELD DRIVE NAPLES FL, 34106 COLLIER COUNTY ZONING: FZMF-16 COLLIER COUNTY FOLIO NUMBER: 00163621009 � :� r+ Ism W -rem •= � 4i 5�.6ti' I e6 sx � ,7C i•C IaiF3Y5I -- 'g0 �45E17 POCl FAti4JPOCl F14ti4J AF2TEIP147F , I A 5dF¢ Bl 2- n J � �lriAll4 lok111. NORTH SITE PLAN NOT TO SCAUE I SCOPE OF WORK t NEW POOL PAVILION • NEWTOILET ROOMS TO MEET ACCESSIBLE STAN DAROS • N EW SIDE WALK TO h4EET ACCESSIBLE STANDARDS . 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U IN FER, [fF TINL 1 ENI ARbE AU Fjj . -01LEF ROOM (I OF A 65kfm$7=ro eftoxm m .XX*F.CMM icoc.} rs. ecez�s r� Qsux� T5:1L , rw. w CIA` -ADW ART SIDE M41 -ZIVAA nsacmamom r i7LJJG KdSifSS E1isfR10Pw 91 PEI" Pk -M r�.�,,�— T -W. 0 •lm U419 NEW WALL SECTION TENANT S EPE RATION ACCESSORY SCHEDULE, FION MAI{ MANUFACTURER MoUff ING HEIGHT FDESCR[F { 3 4' #P Toftcf M a51• 13100 x36' fAz aysw WAff ED OFM Ayr 331 OJ x 42' graa GMwa MICAL 2s fl r A! of ��lE Fr Mm TOH80UER gQHf TO 6 OF C14 -M" SLOT 5151' �02i4 ux RaRRAR A5f #Do0 3Dwx 3657. 3trAFFWV TO WffUU Or 11> = flmMLM .f Pflu6Fi0 C61 ADA pcm0 r6if 'R>3CmOOD' ON09• {,Q' aFP To OF SrGM PC T' rm €m SMI05V MANDE-LW—UM C4 a". w Ulm mwl I Im, Ktlltf T I�.lFL 41 §51&",206{ Silt?FrFA1V1+ way "plF, etr C5 c rrIsN. 5"61, F ', nark •+v�I�a+" r�Fapcx wlt I M I-orw fm, fm ` NFf r2 --\DOOR DETAIL hl3 ypr m zu[ L!. 57e'. �06k '�T�}FG51 1�EsfL 1111i` oe x= �4 a V op op 7 Aar Z m 0 3z✓ O o L V H4 FN W : �C4 U O -4 OF . Attachment Coffer C... COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 0 414LY 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 2S2-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 — 2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED �� f APPLICANT CONTACT INFORMATION Name of Property Owner(s): (Ac e a PyClk' eV 4 c,) -O Name of Applicant if different than owner: Address: I3 �LOI, V'Ao V(S City: _ c �.� State: `�L_ ZIP: 3 'Ll /(U To 1 e 131 - 90' e: A ' L el I: JSS - 7T1, —b Z14 Few= E -Mail Address: (o � e Ctj n20- W\ rx "�' k c . Name of Agent: p l > o k_�_�p e_ r— Firm: C S Address: ©, ')p ^^City: State: '**L-- ZIP: Telephone: 61 3 Cell: Fax: E -Mail Address: <,a, -AA r—c, <f�� to A_e v S,1 (l o -ex _ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND PKKI IRP TWAT vr)U ARE IN COn^o[_IANCE WITH THESE REGULATIONS. 4/27/2018 Page 1 of 6 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number:. n D ( S3,5 Q-1 G c-)! Section/Township/Range: Subdivision: j���� �) ,5� Unit: Lot: / Block: Metes & Bounds Description: Total Acreage: 0, 0 Address/ General Location of Subject Property: � b ADJACENT ZONING AND LAND USE Zoning Land Use N R - ' (.. , S Vh - - _ inn W1 h Ch /l E G w _ �1M � - (lo wY, Minimum Yard Requirements for Subject Property: Front: Q Corner Lot: Yes ❑ No W Side: L�;- Waterfront Lot: Yes [ No [40 Rear: Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 4/27/2018 Page 2 of 6 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at -111 p'! w"V _^ry:P1("e:1. 1,—' e- 7 ,1 Name of Homeowner Association: Wedgefield of Naples Association, Inc Mailing Address: 13206 Wedgefie rive City: ap es State: ZIP: Name of Homeowner Association; Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a -h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 4/27/2018 Page 3 of 6 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? [] Yes a No If yes, please provide copies. 4/27/2018 Page 4 of 6 r Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and f=inal Suhrnittai Requirement Che€4iis :n° `Jar;,nce Chapter s J. of the Administrative Cod_ The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. 4/11/2017 Page 5 of 6 DE COPIES REQUIRED r. RFQt rIRFC Completed Application (download current form from County website) Pre -Application Meeting Notes 1 Project Narrative Com feted Addressin§z Ch}ez:klist 1 Conceptual Site Plan 24" x 36" and one 8 % " x 11" copy Survey of property showing the encroachment (measured in feet) 2 Affidavit of Authorization, signed and notarized 2 ❑ Deeds/Legal's 3 ET Location map 1 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial 5 1 _ _ 3 1 1 ❑ ❑ ❑ Historical Survey or waiver request _ Environmental Data Requirements or exemption justification Once the first set of review comments are posted, provide the assigned planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑ ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. 4/11/2017 Page 5 of 6 Co Nr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: ff IEJ u Bayshore/Gateway Triangle Redevelopment: Executive Director Addressing: Annis Moxam City of Naples: Robin Singer, Planning Director Comprehensive Planning: See Pre -Application Meeting Sign -In Sheet Conservancy of SWFL: Nichole Ryan _County Attorney's Office: Heidi Ashton-Cicko Emergency Management: Dan Summers; and/or EMS: Artie Bav Other: Alison Bradford Environmental Review: See Pre -Application El Meeting Sign -in Sheet Graphics: Mariam Ocheltree ❑ Historical Review ❑ i Immokalee Water/Sewer District: U Parks and Recreation: Vicky Ahmad ❑ Transportation Pathways: Stacey Revay School District (Residential Components): Amy U Heartlock LJ I Transportation Planning: John Pod ❑ I Utilities Engineering: Eric Fey AFF RE`i_ UIPEFOIN' Pre -Application Meeting: $500.00 Variance Petition: Q Residential- $2,000.00 O Non -Residential- $5,000.00 0 51^ and Subsequent Review- 20% of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 BAfter The Fad Zoning/Land Use Petitions: 2x the normal petition fee Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant 5igi atUre Printed Name 4%�y a i Dat 4/11/2017 Page 6 of 6 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) �' p C) C) I I I, (print name),as (title, if applicable) f a - of n C- kjcLLA (company, Ifa licable), swear or affirm under oath, that I am the (c oose one) owner= appli nt®contract purchaser=and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by a approved fiction. 5. Well authorize ]L.''n s L i- - to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. ti L ~' T Signature � L STATE OF FLORIDA COUNTY OF COLLIER Date The foMgoing instrument was sworn to(or affirmed) and subscribed before me on r i 1 (date) by (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification as identification. STAMP/SEAL � y Thomas J. Gardena a� NOTARY PUBLIC c STATE OF FLORIDA y Comm# GG116288 �rycF �9� Expires 7/18/2021 CP\08-COA-00115\155 REV 3/24/14 Signature of Notary Public Coter County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing ers nn I prigr tg pre -application meeting, lease allow 3 days for probes_ sing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑■ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER :. LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) See attached FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 00153521009,00153520000 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 13206 Wedgefield Drive • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) N/A PROPOSED PROJECT NAME (if applicable) Pool Pavillion PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # Rev 6/9/2017 Page 1 of 2 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieryoov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) N/A Please Return Approved Checklist By: ❑■ Email Applicant Name: Robert Grzybowski, P.E. ❑ Fax ❑ Personally picked up Phone: 597-2157 Email/Fax: robert(@croninenaineerina.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:. Updated by:, Date: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Page 2 of 2 Collier County Property Appraiser Property Summary Parcel No. 00153520000 Site Adr. 13205 WEDGEFIELD DR, NAPLES, FL 34110 Name / Address WEDGEFIELD OF NAPLES ASSOCIATION INC 13271 WEDGEFIELD DRIVE City NAPLES State FL Zip 33942 Map No. Strap No. Section Township Range Acres •Estimated 3A15 000100 024 3A15 15 48 25 0 15 48 25 UNRECD TR A DESC IN OR 832 PG 1240 LESS UNITS 7 THRU 20 OF Legal WEDGEFI ELD VILLAS AT IMPERIAL DESC IN OR 1108 PG 233 3.63 LESS VILLAS UNIT 1-6 & 21-28 WEDGEFIELD VILLAS AT IMPERIAL PH II Millage Arpa O 143 Millage Rates O '_t11culations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code O 99 - ACREAGE NOT ZONED AGRICULTURAL 5.122 5.8384 10.9604 Latest Sales History Not all Sales are listed due to Confidentiality Date Book -Page Amount 01/27/92 1683-3 $ 0 04/11/91 1616-.144P $ 0 04/05/91 1611-41 $ 0 12/01/83 1057 AA7 $ 110,000 07/01/81 929-1893 $ 0 09/01/79 832-1935 $ 0 2017 Certified Tax Roll Land Value $ 100 (+) Improved Value $ 0 (_) Market Value $ 100 (_) Assessed Value $ 100 (_ } School Taxable Value S 100 (_) Taxable Value $ 100 .f all Values ShO"';1 above equal 0 this pal rr; •""is cr!_ated the Fina Tax Rol: Wedgefield of Naples Association, Inc. August 29, 2018 Name Address City, State Zip Code Dear Property Owner Please be advised that Wedgefield of Naples Association, Inc. has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: The Pool Area being all of Lot 1 aka 13206 Wedgefield Drive and part of Common Area which abuts Lot 1. It is our intent to ask the County to allow us to use a portion of the common area, which abuts Lot 1 (the Pool Area), for a Pool Pavilion. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Jacquelyn Milot, President Board of Directors, Wedgefield of Naples Association, Inc. !3231 Wedgefield Drive, Naples, FL 34110 239-776-0716 milot7@gmail.com Sent to: Back Wanck & Ramona Rakoczy Jim & Bonnie Rankin Gini Adams Cynthia Cecca Marc & Susan Brandt Peter & Nancy Duhamel Liz Tyrol Gene & Faye Chiaramonte John Lee, General Manager Imperial Golf 13210 Wedgefield Drive 13212 Wedgefield Drive 13220 Wedgefield Drive 13222 Wedgefield Drive 13211 Wedgefield Drive 13213 Wedgefield Drive 13221 Wedgefield Drive 13223 Wedgefield Drive 1808 Imperial Golf Blvd AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. F (Si atur� of App ant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this .> day of 2018by _ C _ �1. !�J'�'+ , 9 , who is personally known to me or who has produced as identification. (Signature of Notary Public) Printed Name of Notary (Notary Seal) %Ry Thomas J. GardaQa Z NOTARY PUBLIC STATE OF FLORIDA "It2 Comm# GG118288 114 ia�a Expires 7/18/2021 September 5, 2019 To: Timothy Finn, AICP Growth Management 2800 N. Horse Shoe Dr. Naples, FL 34104 RE: Variance — PL20180001818; Pool Pavilion Wedgefield of Naples Association, Inc. Variance Criterion per LDC 9.04.03 Land Development Code 9.04.03 - Criteria for Variances Findings. Before any variance shall be recommended for approval to the board of zoning appeals, the planning commission shall consider and be guided by the following standards in making a determination: A. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. Response: Yes there are special conditions and circumstances which are unique to the location of the land. The variance request will allow us to use approximately 9.8 feet of property which is contiguous to the pool property to build the pool pavilion. The property is currently community common area with landscaping and irrigation. Using this piece of our common area will have the least impact on the area because it is contiguous to the pool property; it does not impact any other property (homeowner or golf course) which is the only other property in the area. B. There are special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the property which is the subject of the variance request. Response: The common area being encroached upon is currently a CUE owned by the Wedgefield of Naples Association, Inc. We are requesting for a variance to encroach into the CUE as well as an approved parking reduction (APR) due to the limited land space to propose parking demands based on the land use. C. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Response: The provisions to provide 3 parking stalls cannot be accommodated due to the limited space to develop offsite parking. D. The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. COA #8597 • 6627 Willow Park Drive a Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820 1 03MUISL =a alminor. ina. Response: Yes. The variance, if granted, will be the minimum variance needed to accommodate the pool pavilion. The impact of using 9.8 feet of the variance property (common area with landscaping and irrigation) will be a very reasonable and effective use of this land since the pool currently does not have bathrooms or covered pavilion area. The variance, if granted, will likely be invisible to the community as it is a minor shift in the use of the common area parcel. Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Response: Granting the variance request will not confer on us any special privilege that is denied to others in the same zoning district. The variance request is common area land owned by the community that will be minimally disturbed by the 9.8 feet of encroachment for the pool pavilion. All setbacks will be maintained. The property is mostly surrounded by a golf course. The golf course management and homeowners in the community that are in close proximity to the variance request have all been notified. No issues or concerns were raised. Granting the variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Response: Granting this variance will be in harmony with the intent and purpose of the LDC and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The variance request to use 9. 8 feet of the continuous common area is so minor that it is unlikely to be noticed by the neighborhood or the public or the community. G. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. Response: The encroachment does not disturb current vegetation or surrounding property. H. Granting the variance will be consistent with the GMP. Response: The pool pavilion will have minimal impact to utilities, storm water management and public safety. Sincerely, CRONIN ENGINEERING, INC. Robert M. Grzybowski, P.E. #57059 GR2r - o No. 57059 r —* * *_ Qf Q' STATE OF •S 'ANAL �E,,\`` Np II, —" R.E M Lk,C . 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Carson McEachern, of Peper, Martin, Jensen, Maichel and Hetlage Suite 600, 2000 Main Street Fort Myers, Florida 33901 FEE SIMPLE DEED C) THIS INDENTURE, made this L day of ylu , A.D., 1991, between Daman Properties Ltd., Inc., a Rhbde Island o corporation ("Grantor"), and Wedgefield of Naples Association, _ Inc., a Florida not for profit corporation, as tenants in common as to an undivided one-half interest and Wedgefield of Naples Association, Phase II, Inc., a Florida not for profit corporation, r as tenants in common as to an undivided one-half interest, whose address is L3271 aed(Tefield Drive, Naples, Florida 33942 s ("Grantee"). WITNESSETH, that the Grantee for and in consideration of the sum of Ten and 00/100th Dollars ($10.00) in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold and transferred, and by these presents does grant, bargain, sell and transfer unto the Grantee and his heirs, successors and assigns forever, a certain parcel of land lying and being in the County of Collier, and State of Florida, more particularly described as follows: See Exhibit "A" attached hereto and incorporated by reference herein. == " Subject to taxes for 1991 and subsequent years and to restrictions, conditions, limitations, reservations and easements of record, if any. Together with all the tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, dower and right of dower, reversion, remainder and easement thereto belonging or in anywise appertaining. To have and to hold the same in fee simple forever. IN WITNESS WHEREOF, the Grantor has executed this Fee Simple Deed the day and year first above written. Signed, Sealed and Delivered in ` " l P se `nce'' of: 0A1 A PROPE.IEI D. , lat Wit as D ed E. Rubien, President (CORPORATE SEAL) 2nd Witngss- STATE OF RHODE ISLAND COUNTY OF PROVIDENCE a The foregoing instrument was acknowledged before me this . day of Ji 1rt 1991, by Daved E. Rubien, as president of Daman Properties, Ltd., Inc., a Rhode Island corporation, on behalf of the corporation. n (SEAL) Not. public My Commission Expires: 5Y � --Q U. WILSON, MILLER, BARTON & PEEK, INC. I mincer\. Planners. Sur%nors. Landscape rirehitects, Environmental Consultants & ('(instruction Manaeers \\Ih— V-Ic—onai l comet_ NWlc '(MI 7'1X1 badcl I anc at \Irpon Read \arlt�. f -Ai 7144' • :s Ili 64Y -H 1) Flt\ 1.\l 111",`-16 U-) UJ I\ CD O CL Description of Lot 1 of Wedgefield Villas at Imperial; part of the southeast 1/4 of Section 15, Township 48 South, Range 25 East, Collier County, Florida (Reviscnd March 4, 19911 Commencing at the east 1/4 corner of Section 15, Township 48 South, Range 25 East, Collier County, Florida; thence along the east line of said Section 15, South 0"-00'-50" West Y 492.53 feet; ct O thence North 79'-04'-29" East 135.28 feet; co m thence South 360-04'-43" West 225.63 feet to a point on the east line of said Section 15; �o thence continuing South 36'-04'-43" West 580.13 feet to the POINT OF BEGINNING of Lot 1 herein described; thence South 36'-04'-43" West 48.12 feet; thence North 71'-00'-00" west 58.91 feet; thence North 4°-34'-56" East 31.58 feet; thence North 11'-12'-33" East 15.56 feet; thence South 71'-00'-00" East 66.51 feet; thence North 19'-00'-00" East 4.50 feet; thence South 71'-00'-00" East 6.30 feet; thence South 19'-00'-00" West 4.50 feet; thence South 71'-00'-00" East 10.20 feet to the Point of Beginning; being a part of the southeast I14 of Section 15, Township 48 South, Range 25 East, Collier Ccunty, Florida; subject to casements and reS.-rictions o* record; containing 0.076 acres more or less; the bearings used herein are based on the east line of the southeast 1/4 of said section 15 bearing South 0'-00'-50" West. WILSON, MILLER, BARTON & PEEK, INC. Req. Engineers and Land Surveyors Bpi - — DATE 3- 6 - 91 :Iichaol C. LaMure, P.L.S. #4247 Not valid unless embossed with the Professional's seal. W. 0. 11816.2 Ref: 4L-483 (ML:kjd lot 1 wedgefield rev) Date: September 7, 1988 Revised: march 4, 1991 I � I .\ i l .. •1 ..- i • i i. r � i • � i I � • �� ......... r -b.4j lPfT . I PJD s WITNESSETH, that the Grantee for and in consideration of the sum of Ten and 00/100th Dollars ($10.00) in hand paid, the receipt ` whereof is hereby acknowledged, has granted, bargained, sold and transferred, and by these presents does grant, bargain, sell and transfer unto the Grantee and its successors and assigns forever, a certain parcel of land lying and being in the County of Collier, >-and State of Florida, more particularly described as follower ii0I�I1 00 Recording: $15-00 Documentary Stamps: $.55 OR BOOK AH PROPERTY APPRAISER'S PARCEL ID # This Instrument was Prepared By: G. Carson McBachern, of 7eceived S • �� eurrer,t�r;„mp T Peper, Martin, Jensen, Maichel Received Cress Ii�ta; F ii,te and Hetlage �a—Persnnal Props, ty ',;x 4501 Tamiami Trail North, Suite 206 DLLIER COUNTY CLERK CF GpURTS Naples, Florida 33940 FEE SIMPLE DEED THIS INDENTURE, made this _ ]` day of April, A.D., 1991, between Daman Properties, Ltd., Inc., a Rhode Island corporation, "Grrntor"), and Wedgefield of Naples Association, Inc., a Florida not for profit corporation, whose address is C/O Claude H. Davies, 13271 Wedgefield Prive, Naples, Florida 33942, ("Grantee"). of the County of Collier and State of Florida See Exhibit "A" attached hereto and incorporated by reference herein. Subject to taxes for 1991 and subsequent years and to - restrictions, conditions, limitations, reservations and easements of record, if any. Together with all the tenements, hereditaments and Appurtenancas, with every privilege, right, title, interest and estate, dower and right of dower, reversion, remainder and easement thereto belonging or in anywise appertaining, To have and to hold the same in fee simple forever. IN WITNESS WHEREOF, the Grantor has executed this Fee Simple Deed the day and year first above written. Signed, Sealed and Delivered in Presence of: lot Witness ti 2nd witness STATE OF FLORIDA COUNTY OF COLLIER Daman Prpper,tiel, L ., BYs t]ave n, -President— Signed, res ent The foregoing instrument was acknowledged before me this, day of 1991, by Daved E. Rubien, as president of Daman Fropbrties, Ltd., Inc., a Rhode Island corporation, on behalf of the corporation. My Commission Expiress RETURN TO: DANIEL D. PECK, ESQUIRE PECK, PECK s WIPE , 801 Anchor Rode Drive Suite 203 Naples, Florida 33940 l - •• 'til �s/' c - OWN 6 PUSL.IG err, ��TC. �+ , � 'i `, •- ''`� k L WILSON • MILLER • BARTON • BOLL 6 PEEK, INC. ENGINEERS PLANNERS SURVEYORS 1383 AIAPQRT- PLLL NG ROAD NORTH, NAPLES, FLORIDA 338428988 F8131643-4545 REVISED - NOVEMBER 1, 1986 Description of Common Area in Phase I of ' WEDGEFIELD VILLAS AT IMPERIAL; ' part of the southwest 1/4 of Section 14 and part of the _ southeast 1/4 of Section 15, Township 48 South, Range 25 East, i� Collier County, Florida, .J Commencingat the 1 � _ -- sant /4 comer of Section 1_�, Township 43 South, "ngo 25 East, Collier County, Florida: thence along the east line of said Section 15, South 0'-00'-50" West 492.53 fest; thence South 79'-04'-29" West 93.64 feet to the POINT Or BEGINNING Of the Phase I Common Area7 parcel herein described - thence South 15'-00'-00" East 101.34 feet.; thence Horth 74'-00'-00" West 12.61 feet; thence South 89'-52'-56" West 20.34 feet; thence South 16' -On' -00" West 11.60 feet; _- thence North 74'-00'-00" West 14.20 feet; a try thence South 36'-41'-50" West 8.98 feet; thence South 16'-00'-00' West 62.96 feet; r, thence Mcg -th 74'-00'-00' West 18.Q9 feet; thence South 9'-30'-00" West 15.93 feet; thence North 80'-30'-00" West 17.88 feet; ' thence South 36'-58'-00" West 16.14 feet; thence South 9'-30'-00" West 57.45 feet; thence North 59'-00'-00" West 12.01 feet; thence South 31'-00'-00" West 18.67 feet; thence North 59'-00'-00" West 10.00 feet; thence South 31'-00'-00" West 59.66 feet; thence South 59' -OC' -00" East 9.00 feet; thence South 31'-00'-00" West 18.07 feet; thence South 84'-21'-58" West 7.7.7 feet; thence Forth 43'-01'-13" West 121.79 feet; thence t:orth 20'-00'-00' East 17.91 feet; thence No --th 39'-40'-00" West 31.85 feet; thence North 70'-00'-00" West 10.82 feet: thence North 50'-20'-00" East 59.80 feet; thence Horth 13'-00'-00" West 11.37 feet; thence South 78'-00'-00" East 61.91 feet; thence North 12'-00'-00" East 7.00 feet; thence South 78'-00'-00" East 13.67 feet; thence North 12'-00'-00" East 36.97 feet; thence South 66'-40'-00" East 73.76 feet; thence North 46'-55'-00" East 21.87 feet; thencA North 35'-07'-30" East 19.21 feet; thence t]o-th 23'-20'-00' East 93.06 feet; thence North 15'-00'-00" West 33.03 feet; i thence North 79'-04'-29" East 35.09 feet to the Point of Beginning; t (continued on page 2) w kqLLRti M. V" L~ L RART0IK PAI. • 1' p y R PAW( M. i4A • WL gLpn M O•MNI♦TM/ M PLL • QPFdb M @D '� Nk P" Q'"" I M, K-4 CAR w SQL PLA • PEP,.N A DILL M. • AN ■ SCUTWELL PILI • GARY L. GACA CPA • ^LAN C Vg" Qa, ♦,CP z� tae N$VW'% Few 1e+31 337-4eT t 11 1) 1 b I I UUUU4 3 i OR BOOK PAGE WILSON - MILLER - SAW spy . SOLL Is MKK, INc. Description of Common Area in Phasc I of wEDGEFIEL❑ VIUAS AT IMPERIAL; part of the southwest 1/4 of Section 14 and part of the aouthcast 1/4 of Section 15, Township 40 South, Range 25 East, Collier county, Florida (continued from page 1) being a Part of the southeast 1/4 of Section 15, Township 40 South, Range 25 East, Collier County, Florida; subject to easements and restrictions of record, containing 0-69 acre3 more or less, the bearings usnd 'ierein Ve based on the east line of the southeast 1/4 of sairi Section 15 bearing South 0--00'-50' West. WILSON, MILLER, BARTON, SOLL i PEEK, INC. Reg. Engineers and Land Surveyors BT DATE 1, e ael LaNure, t. L.S. #4247�- Not valid unless embossed with the Drofessional's seal. M.O. 7573.2 Ref= 4L-403 (ML:kjd common area phase 1 wedgefield) Dates Revised - November 1, 1999 L, ODI I�MR C'�SES GSI-��'A CAT County I L .Z0 1,:3: cc / g 8 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address _ I % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: C. Name and Address % of Ownership Wedgefield of Naples Association, Inc. 100 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Created 9/28/2017 Page 1 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 0 e. f 9. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address J % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliert-ov.net Date of option: Date option terminates: Anticipated closing date: CAT County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or arrlKM F'KOPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 en wn r Signature _+ t3lCniir.�vYi ri1 .�If7 f Agent/WNner lame (please print) A9 Date Created 9/28/2017 Page 3 of 3 In settlement of the claims of the Association against the Developer for claimed excessive expenditures on behalf of the Association and claimed inadequate reserves or inadequate payments of maintenance, the parties hereto agree as follows. 1. $14,287 shall be paid to Association to the $15,713 already paid), with $10,000 din addition next sale of a on the lot in Wedgefield Villas at pmperialcbYspeveloper and $4,287 paid at the closing of the second lot sale by Developer in Wedgefield Villas at Imperial, Naples, Florida. Developer shall furnish Association a letter from the mortgage holder on said property, Citizens Bank of Rhode Island, that Citizens Bank de Rhode Island will allow $14,287 due the Association to be deducted at the time of sale of the next two lots, as provided above. The entire $14,287 shall be paid in any event no later than March 1, 1992. Said obligation to guaranteed by a second non-interest mortgage said amount shall ebe d by David Rubien. The mortgage note and mortgage ally e deed shall be Promptly prepared by Developer's attorney and recorded at Developer's expense. The mortgage deed shall be on lots 2 ,and 3, Wedgefield Villas, which Developer represents it owns. 2. In return for the payments hereunder, Association releases its civil and criminal claims, actions, debts, contracts and damages, whatsoever, Association had, now has, or in the future will have against the Developer corporation, its shareholders, officers and directors, past and present, and specifically releases David E. Rubien, Paula Rubien, Howard Kaufman, Greg Haley and Matt Haley if Developer complies with the terms of this Agreement. 3. If any payment due hereunder is not made when due, then the releases in paragraph 2 hereof are void unless said payment is subsequently made and accepted by Association. If any payment due hereunder is not made when due, then Association has the option of voiding this Agreement and in any event Developer consents and agrees to tolling the Statute of Limitations for all Claims of Association against Developer from the date of the execution of this Agreement until the date of default. If Developer defaults, it agrees that this Agreement may be entered in court as a Stipulated Judgment in favor of Association for the maximum sum of $14,287. In any action to enforce the terms of this Agreement the prevailing party is entitled to recover reasonable attorneys' fees and interest at the annual rate of 18 percent on any amounts due. interest 4. Developer agrees to convey an undivided one-half -� to Association and an undivided one-half interest to Wedgefield Villas Association, Phase II, Inc., mortgage free Lot 1, Wedgefield Villas for the swimming pool common area. Developer also agrees to convey to Wedgefield of Naples Association, Phase II, Inc. the common area for that phase mortgage free. Both conveyances shall be made within 30 days if allowed by Developer's mortgagee, and in any event no later than the sale of the last lot owned by Developer in Wedgefield Villas. -5---Nothir_g contained herein shall be construed to be an admission of liability or fault on the part of the Developer. L_ 4n e5i ec : , DA! PROPERTIES'` TD., INC. e9 U oy, , I aQ /I -ss O C L o, SCcc OR; 3769 PG; 1924 NOTE: SUBSTANTIAL AMENDMENT OF ENTIRE BYLAWS. FOR PRESENT TEXT SEE EXISTING BYLAWS. AMENDED AND RESTATED BYLAWS OF WEDGEFIELD OF NAPLES ASSOCIATION, INC. 1. GENERAL. These are the Amended and Restated Bylaws of Wedgefield of Naples Association, Inc., hereinafter the "Association", a corporation not for profit under the laws of Florida as a community association for the purpose of operating a residential community. All prior Bylaws are hereby revoked and superseded in their entirety. 1.1 Principal Office. The principal office of the Association shall be at such location within Collier County, Florida as may be determined from time to time by the Board of Directors. 1.2 Seal. The seal of the Association, if one exists, shall be inscribed with the name of the Association, the year of its organization, and the words "Florida" and "not for profit." The seal may be used by causing it, or a facsimile of it, to be impressed, affixed, reproduced or otherwise placed upon any document or writing of the corporation where a seal may be required. 1.3 Definitions. The definitions set forth in Article I of the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Wedgefield Villas at Imperial, to which these Bylaws are attached as Exhibit "I", shall apply to terms used in these Bylaws, unless the context clearly requires another meaning. 2. MEMBERS. 2.1 Oualifications. The members of the Association shall be the record owners of legal title to the twenty-eight (28) residential lots within Wedgefield Villas at Imperial. If a lot is subject to an agreement for deed, the buyer shall be deemed the owner of the lot for purposes of determining voting and use rights. Membership shall become effective upon the occurrence of the last to occur of the following events. (A) Recording in the public records of a deed or other instrument evidencing legal title to the lot in the member. (B) Delivery to the Association of a copy of the recorded Deed or other instrument evidencing title. 2.2 Votin Interests. The members of the Association are entitled to one (1) vote for each lot owned by them. The total number ofvoting interests of the Association shall be twenty-eight (28), which represents the total number of residential lots in Wedgefield Villas at Imperial. The vote of a lot is not divisible. The right to vote may not be denied because of delinquent assessments. If a lot is owned by one natural person, the owner's right to vote shall be established by the record title to the lot. If a lot is owned jointly by two or more natural persons, that lot's vote may be cast by any one of the record owners. If two or more owners of a lot do not agree among themselves how their one vote shall be cast, that vote shall not be counted for any purpose. If the owner of a lot is other than a natural person(s), the vote of that lot shall be cast by the lot's primary occupant. BYLAWS EXIIIBIT "I" PAGE 1 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 0 Fax (239) 596-9523 OR; 3769 FG; 1925 2.3 Approval or Disapproval of Matters. Whenever the decision or approval of a lot owner is required upon any matter, whether or not the subject of an Association meeting, such decision may be expressed by any person authorized to cast the vote of the lot in 2.2 above, unless the joinder of all record owners is specifically required. 2.4 Change of Membership. A change of membership in the Association shall be established by the new member's membership becoming effective as provided in 2.1 above. At that time the membership of the prior owner shall be terminated automatically. 2.5 Termination of Membership. The termination of membership in the Association does not relieve or release any former member from liability or obligation incurred under or in any way connected with the Association during the period of his membership, nor does it impair any rights or remedies which the Association may have against any former owner or member arising out of or in any way connected with such ownership and membership and the covenants and obligations incident thereto. 3. MEMBERS' MEETINGS: VOTING. 3.1 Annual Meeting. There shall be an annual meeting of the members in each calendar year. The annual meeting shall be held in Collier County, Florida, each year during the 18' quarter of the year at a date, time and place designated by the Board of Directors, for the purpose of electing Directors and transacting any other business duly authorized to be transacted by the members. 3.2 Special Members' Meetings. Special members' meetings must be held whenever called by the President or by a majority of the Board of Directors, and may also be called by members having at least twenty five percent (25%) of the voting interests. The business at any special meeting shall be limited to the items specified in the notice of meeting. 33 Notice of Meetings, Waiver of Notice. Notice of all members' meetings must state the time, date, and place of the meeting. Notice of special meetings must include a description of the purpose or purposes for which the meeting is called. The notice must be mailed to each member at his address as it appears on the books of the Association, ormaybe furnished by personal delivery or electronic transmission. The member is responsible for providing the Association with any change of the members' address. The notice must be mailed, delivered, or electronically transmitted at least fourteen (14) days prior to the date of the meeting. If ownership of a lot is transferred after notice has been mailed, no separate notice to the new owner is required. Attendance at any meeting by a member constitutes waiver of notice by that member unless the member objects to the lack of notice at the beginning of the meeting. A member may also waive notice of any meeting at any time, by written waiver. 3.4 Ouorum. A quorum at members' meeting shall be attained by the presence, either in person or by proxy, of persons entitled to cast at least one-third (1/3rd) of the votes of the entire membership. 3.5 Vote Reauired. The acts approved by a majority of the votes cast by eligible voters at a meeting at which a quorum has been attained shall be binding upon all unit owners for all purposes, except where a different vote requirement is imposed by law or by any provision of the governing documents. 3.6 Proxy Voting. Members may cast their votes at a meeting in person or by proxy. A proxy shall be valid only for the specific meeting for which originally given and any lawful adjournment of that meeting. BYLAWS EXIMIT "I" PAGE 2 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 8 Fax (239) 596-9523 OR; 3769 FG; 1926 No proxy shall be valid for a period longer than ninety (90) days after the date of the first meeting for which it was given. Every proxy shall be revocable at the pleasure of the person executing it. To be valid, a proxy must be in writing, dated, signed by the person authorized to cast the vote for the unit, specify the date, time and place of the meeting for which it is given and the original must be delivered to the Secretary by the appointed time of the meeting or adjournment thereof. No proxy shall be valid if it names more than one person as the holder of the proxy, but the holder shall have the right, if the proxy so provides, to substitute another person to hold the proxy. Holders of proxies must be members. 3.7 Adiourned Meetings. Any duly called meeting of the members may be adjourned to be reconvened at a later time by vote of the majority of the voting interests present, regardless of whether a quorum has been attained. When a meeting is so adjourned it shall not be necessary to give further notice of the time and place of its continuance if such are announced at the meeting being adjourned. Any business which might have been conducted at the meeting as originally scheduled may instead be conducted when the meeting is reconvened, but only if a quorum is then present. 3.8 Order ofBusiness. The order of business at members' meetings shall be substantially as follows: (A) Call of the roll or determination of quorum. (B) Proof of due notice of meeting or waiver of notice. (C) Reading or disposal of minutes of last members meeting (D) Reports of Officers (E) Reports of Committees (F) Election of Directors (annual meeting only) (G) Unfinished Business (H) New Business (1) Adjournment 3.9 Minutes. Minutes of all meetings of members and of the Board of Directors shall be kept in a businesslike manner and available for inspection by members or their authorized representatives at all reasonable times. Minutes of a meeting should be reduced to written form within thirty (30) days after the meeting. 3.10 Parliamentary Rules. Roberts' Rules of Order (latest edition) shall govern the conduct of the Association meetings when not in conflict with the law, with the Declaration, or with the Articles and Bylaws. The presiding officer may appoint a Parliamentarian whose decision on questions ofparliamentary procedure shall be final. Any question or point of order not raised at the meeting to which it relates shall be deemed waived. 4. BOARD OF DIRECTORS. The administration of the affairs of the Association shall be by a Board of Directors. All powers and duties granted to the Association by law, as modified and explained in the BYLAWS Eli' BIT "I" PAGE 3 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 ■ Fax (239) 596-9523 OR: 3769 PG: 1927 Declaration, Articles and Bylaws, shall be exercised by the Board, subject to approval or consent of the lot owners only when such is specifically required. 4.1 Number and Terms of Service. The number ofDirectors which shall constitute the whole Board of Directors shall be five (5) but not less than three (3). All Directors shall serve one (1) year terms. A Director's term will end at the annual election at which his successor is to be duly elected, unless he sooner resigns or is recalled as provided in Section 4.5 below. Directors shall be elected by the members as described in Section 4.3 below, or in the case of a vacancy, as provided in Section 4.4 below. 4.2 Qualifications. Each Director must be a residential Lot owner or the spouse of a residential Lot owner. 4.3 Nominations and Elections. At each Annual Meeting the members shall elect, by a written ballot which the member personally casts, either by hand or by mail, as many Directors as there are regular terms of Directors expiring or vacancies to be filled. The search committee, if any, may submit its candidates for the office of Director in time to be included with the notice of the annual meeting, any other eligible person may also be nominated as a candidate by himself or by another member from the floor at the annual meeting. Directors shall be elected by a plurality of the votes cast, in person or by proxy, at the annual meeting. In the election of Directors, there shall be appurtenant to each unit as many votes as there are Directors to be elected. No member may cast more than one vote for any candidate, it being the intent hereof that voting for Directors shall be non -cumulative. The candidates receiving the highest number of votes shall be declared elected. A tie vote shall be broken by agreement among the candidates who are tied, or by lot. 4.4 Resignation; Vacancies on the Board. Any Director may resign at any time by giving written notice to the Association, and unless otherwise specified therein, the resignation shall become effective upon receipt. If the office of any Director becomes vacant for any reason, a majority of the remaining Directors, though less than a quorum, shall promptly choose a successor to fill the remaining unexpired term. If for any reason there shall arise circumstances in which no Directors are serving and the entire Board is vacant, the members shall elect successors at a special meeting. 4.5 Removal of Directors. Any or all Directors may be removed, with or without cause, by a majority vote of the voting interests either by a written petition or at any meeting called for that purpose pursuant to the provisions of Section 720.301 (10), Florida Statutes. 4.6 Organizational Meeting. The organizational meeting of a new Board of Directors shall be held within ten (10) days after the election of new Directors at such place and time as may be fixed and announced by the Directors at the annual meeting at which they were elected. 4.7 Other Meetings. Meetings of the Board may be held at such time and place in Collier County, Florida, as shall be determined from time to time by the President or a majority of the Directors, or by petition of twenty percent (20%) of the total voting interests of the Association. Notice of meetings shall be given to each Director, personally or by mail, telephone, telegram, or electronic transmission at least forty-eight (48) hours before the meeting and as otherwise required by law. 4.8 Notice to Owners. Meetings of the Board of Directors shall be open to members except for meetings between the Board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attomey-client privilege, and notices of all Board meetings, together with an agenda, shall be posted conspicuously in the community at least forty-eight BYLAWS EXHIBIT "I" PAGE 4 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 0 Fax (239) 596-9523 OR: 3769 PG: 1928 (48) hours in advance of each Board meeting, except in an emergency. Notice of any Board meeting where assessments are to be considered for any reason shall specifically contain a statement that assessments will be considered and the nature of assessments and the notice shall be provided to the owners by mail, delivery or electronic transmission and conspicuously posted on the property or broadcast on closed-circuit cable television at least fourteen (14) days prior to the meeting. Notice of any Board meeting where rules that regulate the use of lots in the community may be adopted, amended or revoked must be provided by mail, delivery or electronic transmission to all members and conspicuously posted or broadcast on closed-circuit cable television on the property at least fourteen (14) days before the meeting. The notice must include a statement that changes to the rules regarding the use of lots will be considered at the meeting. 4.9 Waiver of Notice. Any Director may waive notice of a meeting before or after the meeting, and such waiver shall be deemed equivalent to the giving of notice. If all Directors are present at a meeting, no notice to Directors shall be required. 4.10 Quorum of Directors. A quorum at a Board meeting shall be attained by the presence in person of a majority of all Directors. Directors may participate in any meeting of the Board, or meeting of an executive or other committee, by means of a conference telephone call or similar communicative arrangement whereby all persons present can hear and speak to all other persons. Participation by such means shall be deemed equivalent to presence in person at a meeting. 4.11 Vote Required. The acts approved by a majority of those Directors present and voting at a meeting at which a quorum has been attained shall constitute the acts of the Board of Directors, except when approval by a greater number of Directors is required by the governing documents or by applicable statutes. A Director who is present at a meeting of the Board shall be deemed to have voted in favor of any action taken, unless he voted against such action or abstained from voting because of an asserted conflict of interest, and the vote by each Director present on each matter voted upon shall be recorded in the minutes of each meeting. Directors may not vote by proxy or secret ballot at Board meetings, except that secret ballots may be used in the election or removal of officers. 4.12 Adjourned Meetings. The majority of those present at any meeting of the Board of Directors, may adjourn the meeting to be reconvened at a specified later time. When the meeting is reconvened, provided a quorum is present, any business that might have been transacted at the meeting originally called may be transacted. 4.13 The Presiding Officer. The President of the Association, or in his absence, the Vice -President, shall be the presiding officer at all meetings of the Board of Directors. If neither is present, the presiding officer shall be selected by majority vote of those present. 4.14 Directors' Fees and Reimbursement of Expenses. Neither Directors nor officers shall receive compensation fortheir services as such. Directors and officers shall be compensated for all actual and proper out-of-pocket expenses relating to the proper discharge of their respective duties. 4.15 Committees. The Board of Directors may appoint from time to time such standing or temporary committees, including a search committee, as the Board may deem necessary and convenient for the efficient and effective operation of Wedgefield Villas at Imperial. Any such committee shall have the powers and duties assigned to it in the resolution creating the committee. Any appointed committee shall be open to members and the committee shall notice and hold its meetings with the same formalities as are required for Board meetings. Committees vested with the power to approve or disapprove architectural decisions with BYLAWS EXIMIT "I" PAGE 5 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 5 Fax (239) 596-9523 OR: 3769 PG: 1929 respect to a specified lot of residential property owned by a member of the community may not work by proxy or secret ballot. 4.16 Emergency Powers. In the event of any "emergency" as defined in Paragraph 4.16(G) below, the Board of Directors may exercise the emergency powers described in this Section, and any other emergency powers authorized by Sections 617.0207, and 617.0303, Florida Statutes, as amended from time to time. (A) The Board may name as assistant officers persons who are not Directors, which assistant officers shall have the same authority as the executive officers to whom they are assistant during the period of the emergency, to accommodate the incapacity of any officer of the Association. (B) The Board may relocate the principal office or designate alternative principal offices or authorize the officers to do so. (C) During any emergency the Board may hold meetings with notice given only to those Directors with whom it is practicable to communicate, and the notice may be given in any practicable manner, including publication or radio. The Director or Directors in attendance at such a meeting shall constitute a quorum. (D) Corporate action taken in good faith during an emergency under this Section to further the ordinary affairs of the Association shall bind the Association; and shall have the rebuttable presumption of being reasonable and necessary. (E) Any officer, director, or employee of the Association acting with a reasonable belief that his actions are lawful in accordance with these emergency Bylaws shall incur no liability for doing so, except in the case of willful misconduct. (F) These emergency Bylaws supersede any inconsistent or contrary provisions ofthe Bylaws during the period of the emergency. (G) An "emergency" exists for purposes of this Section during the time when a quorum of the Board cannot readily be assembled because of the occurrence or imminent occurrence of a catastrophic event, such as a hurricane, earthquake, act of war, civil unrest or terrorism, or other similar event. An "emergency" also exists during the period of time that civil authorities have declared that a state of emergency exists in, or have ordered the evacuation of, the area in which the Property is located, or have declared that area a "disaster area". A determination by any two (2) Directors, or by the President, that an emergency exists shall have presumptive validity. 5. OFFICERS. 5.1 Officers and Elections. The executive officers of the Association shall be a President, and a Vice -President, who must be Directors, a Treasurer and a Secretary, all of whom shall be elected annually by the Board of Directors. Any officer maybe removed with or without cause by vote of a majority of all Directors at any meeting. Any person except the President may hold two or more offices. Any officer may resign at any time by giving written notice to the Association, and unless otherwise specified therein, the resignation shall become effective upon receipt. The Board may, from time to time, appoint such other BYLAWS EXHIBIT "I" PAGE 6 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 ■ Fax (239) 596-9523 OR: 3769 PG: 1930 officers, and designate their powers and duties, as the Board shall find to be required to manage the affairs of the Association. If the Board so determines, there may be more than one Vice -President. 5.2 President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the members and Directors, shall be ex -officio a member of all standing committees, shall have general and active management of the business of the Association, and shall see that all orders and resolutions of the Board are carried into effect. He shall execute bonds, mortgages and other contracts and documents of the Association, except where such are permitted by law to be otherwise signed and executed, and the power to execute is delegated by the Board of Directors to some other officer or agent of the Association. 5.3 Vice -Presidents. The Vice -Presidents in the order of their seniority shall, in the absence or disability of the President, perform the duties and exercise the powers of the President; and they shall perform such other duties as the Board of Directors shall assign. 5.4 Secretary. The Secretary shall attend all meetings of the Board of Directors and all meetings of the members and shall cause all votes and the minutes of all proceedings to be recorded in a book or books to be kept for the purpose, and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of the members and of the Board of Directors, and shall perform such other duties as may be prescribed by the Board or the President. He shall keep in safe custody the seal of the Association, if one exists, and, when authorized by the Board, affix the same to any instrument requiring it. The Secretary shall be responsible for the proper recording of all duly adopted amendments to the governing documents. Any of the foregoing duties may be performed by an Assistant Secretary, if one has been designated. 5.5 Treasurer. The Treasurer shall have the custody of Association funds and securities and the keeping of full and accurate accounts of receipts and disbursements in books belonging to the Association and shall deposit all money and other valuable effects in the name and to the credit of the Association in such depositories as are selected by the Board ofDirectors. He shall oversee the disbursement of the funds of the Association, keeping proper vouchers for such disbursements, and shall render to the President andDirectors, at the meetings of the Board, or whenever they may require it, an account of all transactions and of the financial condition of the Association. The Treasurer shall prepare an annual budget of estimated revenues and expenses to present to the Board of Directors for approval. Any of the foregoing duties may be performed by an Assistant Treasurer, if one, has been designated. 5.6 Compensation of officers. No compensation shall be paid to any officer for services as an officer of the Association. This provision does not preclude the Board of Directors from employing officers as employees of the Association. 6. FISCAL MATTERS. The provisions for fiscal management of the Association set forth in the Declaration shall be supplemented by the following provisions: 6.1 Depository. The Association shall maintain its funds in such federally insured accounts at such financial institutions in the State of Florida as shall be designated from time to time by the Board. Withdrawal of money from such accounts shall be only by such persons as are authorized by the Board. The Board may invest Association funds in interest-bearing accounts, money market funds, certificates of deposit, U.S. Government securities, and other similar investment vehicles. BYLAWS EXHIBIT "I" PAGE 7 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 ■ Fax (239) 596-9523 OR: 3769 PG: 1931 6.2 Accounts of the Association. The Association shall maintain its accounting books and records according to generally accepted accounting principles. There shall be an account for each unit. Such account shall designate the name and mailing address of each unit owner, the amount and due date of each assessment or charge against the unit, the amounts paid, date of payment and the balance due. 6.3 Budget. The Treasurer shall prepare and the Board of Directors shall adopt a budget of Association estimated revenues and expenses for each coming fiscal year. Once adopted, the Association shall provide to each member a copy of the annual budget or a written notice that a copy of the budget is available upon request at no charge to the member. The proposed budget shall be detailed and shall show the amounts budgeted by accounts and revenue and expense classifications. The estimated surplus or deficit as of the end of the current year shall be shown and all fees or charges for recreational amenities shall be set out separately. 6.4 Reserves. The Board may establish in the budget one or more restricted reserve accounts for capital expenditures and deferred maintenance. Contingency reserves for unanticipated operating expenses shall be included, if at all, in the operating portion of the budget. These funds may be spent for any purpose approved by the Board. The purpose of reserves is to provide financial stability and to avoid the need for special assessments. The amounts proposed to be so reserved shall be shown in the annual budget. 6.5 Assessments. Regular annual assessments based on the adopted budget shall be paid in quarterly installments in advance, due on the first day of January, April, July and October of each year. Written notice of any increase in annual assessments shall be sent to all members prior to the beginning of the year the increase takes effect, but failure to send or receive such notice shall not excuse the obligation to pay. If an annual budget for a new fiscal year has not been adopted, or if notice of any increase has not been made, at the time the first quarterly payment for that year is due, it shall be presumed that the amount of such installment is the same as the last prior quarterly payment, and shall be continued at such rate until a budget is adopted and new quarterly installments are calculated at which time an appropriate adjustment shall be added to or subtracted from each unit's next due quarterly installment. 6.6 Special Assessments. Special assessments may be imposed by the Board of Directors when necessary to meet unusual, unexpected, unbudgeted, or non-recurring expenses or capital improvements, or for such other purposes as are authorized by the Declaration and these Bylaws. Special assessments are due on the day specified in the resolution of the Board approving such assessment. The total of all special assessments made coming due in any fiscal year shall not exceed ten percent (10%) of the total annual budget for that year, including reserves, unless two-thirds (2/3rds) of the voting interests first consent. The notice of any special assessment must contain a statement of the purpose(s) of the assessment, and the funds collected must be spent for the stated purpose(s) or returned to the members as provided by law. 6.7 Fidelfty Bonds. The President, Treasurer, and all other persons who are authorized to sign checks, shall be bonded if required by the Board of Directors and if so required in such amounts as the Board of Directors determines. The premiums on such bonds shall be paid by the Association. 6.8 Financial Reports. Not later than sixty (60) days after the close of each fiscal year, the Board shall prepare and distribute to the owner of each lot a financial report or provide notice that a copy of the financial report is available upon request and prepare in accordance with Section 720.303(7), Florida Statutes. 6.9 Audits. A formal, certified audit of the accounts of the Association, if required by law, by vote of a majority of the voting interests, or by a majority of the Board of Directors, shall be made by a certified public accountant, and a copy of the audit report shall be available to all owners. BYLAWS EXIHBIT "I" PAGE 8 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 ■ Fax (239) 596-9523 OR: 3769 PG: 1931 6.10 Application of Payments and Co -Mingling of Funds. All money collected by the Association may be co -mingled in a single fund or divided into two or more funds, as determined by the Board of Directors. All payments on account by a unit owner shall be applied as to interest, delinquencies, costs and attorney's fees, other charges, and regular or special assessments, in such manner and amounts as the Board may determine. 6.11 Fiscal Year. The fiscal year for the Association shall begin on the first day of January of each year. 7. RULES AND REGULATIONS: USE RESTRICTIONS. The Board of Directors may, from time to time, adopt and amend administrative rules and regulations governing the operation of the Association and the use, maintenance, management and control of the common areas. Copies of such rules and regulations shall be famished to each unit owner. 8. COMPLIANCE AND DEFAULT: REMEDIES. In addition to the remedies provided in of the Declaration, the following provisions shall apply: 8.1 Fines; Suspensions. The Board of Directors may levy fines and/or suspensions against members, or a member's tenants or guests or both who commit violations of Chapter 720, Florida Statutes, the provisions of the governing documents, or the rules and regulations, or who condone such violations by their family members, guests or lessees. Fines shall be in amounts deemed necessary by the Board to deter future violations, but in no event shall any fine exceed the maximum amount allowed by law. Suspensions of the use of common areas and facilities may be imposed for a reasonable period of time to deter future violations. The procedure for imposing fines and/or suspensions shall be as follows: (A) Notice. The party against whom the fine and/or suspension is sought to be levied or imposed shall be afforded an opportunity for hearing after reasonable notice of not less than fourteen (14) days, and the notice shall include: (1) A statement of the date, time and place of the hearing; (2) A specific designation of the provisions of Chapter 720, Florida Statutes, the governing documents or the rules which are alleged to have been violated; (3) A short and plain statement of the specific facts giving rise to the alleged violation(s); and (4) The possible amounts of any proposed fine and/or possible use rights of common areas or facilities to be suspended. (B) Hearins. At the hearing the party against whom the fine and/or suspension may be levied shall have a reasonable opportunity to respond, to present evidence, and to provide written and oral argument on all issues involved, and to review, challenge, and respond to any evidence or testimony presented by the Association. The hearing shall be conducted before a panel of three (3) Unit owners appointed by the Board, none of whom may then be serving as Directors or officers or who are employees of the association, or the spouse, parent, child, brother or sister of an officer, director or employee. If the committee, by majority vote, does not agree with the BYLAWS EXIMIT "I" PAGE 9 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 ■ Fax (239) 596-9523 OR: 3769 PG: 1933 proposed fine, and/or suspension, it may not be levied or imposed. If the committee agrees with the proposed fine, and/or suspensions, the Board of Directors shall levy same. 8.2 Correction of Health and Safety Hazards. Any violations of Association rules which creates conditions of the property which are deemed by the Board of Directors to be a hazard to the public health or safety may be dealt with immediately as an emergency matter by the Association, and the cost thereof shall be charged to the unit owner. 8.3 Mandatory Non -Binding Mediation. In the event of any dispute as defined in Section 720.311(2)(a), Florida Statutes, between a unit owner and the Association, the parties must submit the dispute to mandatory non-binding mediation under the rules of the Division of Florida Land Sales, Condominiums and Mobile Homes prior to filing any lawsuit over the disputed matters. Nothing herein shall be construed to require mediation of disputes related to the levy or collection of fees or assessments. 8.4 Availability of Remedies. Each member, for himself, his heirs, successors and assigns, agrees to the foregoing provisions and provisions contained in the Declaration of Covenants, Conditions and Restrictions for Wedefield Villas at Imperial relating to default and abatement of violations regardless of the harshness of the remedy utilized by the Association and regardless of the availability of other legal remedies. It is the intent of all members to give the Association methods and procedures which will enable it to operate on a businesslike basis, to collect those monies due it and to preserve the right of the majority to enjoy the property free from unreasonable disruptions and annoyance. 9. AMENDMENT OF BYLAWS. Amendments to these Bylaws shall be proposed and adopted in the following manner: 9.1 Proposal. Amendments to these Bylaws maybe proposed by a majority of the Board. 9.2 Procedure. Upon any amendment or amendments to these Bylaws being properly proposed, the proposed amendment or amendments shall be submitted to a vote of the members not later than the next annual meeting for which proper notice can still be given. 9.3 Vote Required. Except as otherwise provided by law, or by specific provision of the governing documents, these Bylaws may be amended by concurrence of at least two-thirds (2/3rds) of the voting interests who are present and voting, in person or by proxy, at any annual or special meeting called for the purpose, provided that notice of any proposed amendment has been given in accordance with law. 9.4 Recording: Effective Date. A copy of each amendment shall be attached to a certificate reciting that the amendment was duly adopted, which certificate shall be executed by the President or Vice -President of the Association with the formalities of a deed. The amendment shall be effective when the certificate and copy of the amendment are recorded in the Public Records of Collier County, Florida. The certificate must identify the location in the Public Records where the Declaration of Covenants is recorded. 10. MISCELLANEOUS. 10.1 Gender: Number. Whenever the masculine or singular form of a pronoun is used in these Bylaws, it shall be construed to mean the masculine, feminine or neuter; singular or plural, as the context requires. BYLAWS Eli IIBIT "I" PAGE 10 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 0 Fax (239) 596-9523 *** OR; 3769 PG; 1934 *** 102 Severability. If any portion of these Bylaws is void or becomes unenforceable, the remaining provisions shall remain in full force and effect. 103 Conflict. If any irreconcilable conflict should exist, or hereafter arise, with respect to the interpretation of these Bylaws and the Declaration of Covenants, or the Association's Articles of Incorporation, theprovisions of the Declaration or Articles ofIncorporationshallprevail over the provisions of these Bylaws. BYLAWS EXI OBIT "I" PAGE 11 SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 0 Fax (239) 596-9523 .Ito rioa Wpu rtmrnt of 0tatP certify the attached is a true and correct copy of the Amended and Restated Articles of Incorporation, filed on March 21, 2005, for WEDGEFIELD OF NAPLES ASSOCIATION, INC., a Florida corporation, as shown by the records of this office. The document number of this corporation is N04354. OR; 3769 PG, 1915 ssoEcr�L�t� � ria r Palo 4 � � I e C_E- �L Foams r vj g CR2E022 (2-03) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-eighth day of March, 2005 '/"", ;� - A/-� C15lenba �L poIIb 1$Prretarg of jgtatr OR: 3169 PG: 1919 NOTE: SUBSTANTIAL AMENDMENT OF ENTIRE ARTICLES OF INCORPORATION. FOR PRESENT TEXT SEE EXISTING ARTICLES OF INCORPORATION. AMENDED AND RESTATED ARTICLES OF INCORPORATION OF WEDGEFIELD OF NAPLES ASSOCIATION, INC. Pursuant to Section 617.1007, Florida Statutes, these Articles oflncorporation of Wedgefield ofNaples Association, Inc., a Florida corporation not for profit which was originally incorporated under the same name on July 25, 1984, are hereby amended and restated in their entirety. All amendments included herein have been adopted pursuant to Section 617.1002, Florida Statutes, and there is no discrepancy between the corporation's Articles of Incorporation as heretofore amended and the provisions of these Amended and Restated Articles other than the inclusion of amendments, adopted pursuant to Section 617.1002, Florida Statutes, and the omission of matters of historical interest. The Amended and Restated Articles of Incorporation of Wedgefield of Naples Association, Inc., shall henceforth be as follows: CP °r.• 03 ARTICLE I -z NAME: The name of the corporation is Wedgefield of Naples Association, Inc., sometimeg7jiereivafter',-n referred to as the "Association". w ARTICLE II s •r" r PRINCIPAL OFFICE: The principal office of the corporation shall be located at 187 Forest Lakes Boulevard, Naples, Florida 34105. ARTICLE III PURPOSE AND POWERS: This Association will not permit pecuniary gain or profit nor distribution of its income to its members, officers or Directors. It is a nonprofit corporation formed for the purpose of establishing a corporate residential community homeowners' association which, subject to a Declaration of Covenants, Conditions andRestrictions originally recorded in the Public Records of Collier County, Florida, at O.R Book 1108 at Page 233 et seq., has the powers described herein. The Association shall have all of the common law and statutory powers of a Florida corporation not for profit consistent with these Articles, tbeBylaws ofthe corporation, and with saidDeclaration of Covenants, Conditions andRestrictions, and shall have all of the powers and authority reasonably necessary or appropriate to the operation and regulation of a residential community, subject to said recorded Declaration, as it may from time to time be amended, including but not limited to the power: (A) To fix, levy, collect and enforce payment by any lawful means all charges, assessments, or liens pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the corporation, including all license fees, taxes or governmental charges levied or imposed against the property or the corporation; ARTICLES OF INCORPORATION PAGE 2 EXHIBIT "H" SAMOUCE, MURRELL & G -AL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone(239)596-9522 ■ Fax(239)596-9523 OR: 3769 PG; 1920 (B) To make, amend and enforce reasonable rules and regulations governing the use of the Common Areas and the operation of the Association; (C) To sue and be sued, and to enforce the provisions of the Declaration, these Articles, and the Bylaws of the Association; (D) To contract for the management and maintenance of the Common Areas and to delegate any powers and duties of the Association in connection therewith except such as are specifically required by the Declaration to be exercised by the Board of Directors or the membership of the Association; (E) To employ accountants, attorneys, architects, and other professional personnel to perform the services required for proper operation of the Properties; (F) To dedicate, sell or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication, sale or transfer shall be effective unless an instrument has been signed by two-thirds (2/3rds) of the voting interests agreeing to such dedication, sale or transfer; (G) To borrow money, and with the prior approval of two-thirds (2/3rds) of the voting interests, to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security if necessary for money borrowed or debts incurred; (I) To maintain, repair, replace and provide insurance for the common areas. (I) To acquire (by gift, purchase or otherwise) own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, or otherwise dispose of real or personal property in connection with the affairs of the corporation; (f) To exercise any and all powers, rights and privileges which a corporation organized under Chapter 617 of Florida Statutes may now or hereafter have or exercise; subject always to the Declaration as amended from time to time; and All funds and the title to all property acquired by the Association shall be held for the benefit of the members in accordance with the provisions of the Declaration, these Articles of Incorporation and the Bylaws. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS: Membership and Voting Rights shall be as set forth in the Bylaws of the Association. ARTICLE V TERM: DISSOLUTION: The term of the Association shall be perpetual. The Association may be dissolved with the consent given in writing and signed by not less than two-thirds (2/3rds) of the voting interests. Upon dissolution of the Association, other than incident to a merger or consolidation, its assets, both real and personal, shall be dedicated to an appropriate public agency to be used for purposes similar to ARTICLES OF INCORPORATION PAGE 3 E3CFEBIT "H" SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 0 Fax (239) 596-9523 OR; 3769 PG; 1921 those for which this Association was formed. In the event there is a refusal to accept such dedication, then such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization which is devoted to purposes similar to those of this Association. ARTICLE VI BYLAWS: The Bylaws of the Association may be altered, amended or rescinded in the manner provided therein. ARTICLE VII AMENDMENTS: Amendments to these Articles shall be proposed and adopted in the following manner: (A) Proposal. Amendments to these Articles shall be proposed by a majority of the Board or upon petition of one-fourth (1/4th) of the voting interests, and shall be submitted to a vote of the members not later than the next annual meeting. (B) Vote Required. Except as otherwise required by Florida law, these Articles of Incorporation may be amended if the proposed amendment is approved by at least two-thirds (2/3rds) of the voting interests who are present and voting, in person or by proxy, at any annual or special meeting, or by a majority of the voting interests in writing without a meeting, provided that notice of any proposed amendment has been given to the members of the Association, and that the notice contains a fair statement of the proposed amendment. (C) Effective Date. An amendment shall become effective upon filing with the Secretary of State and recording a certified copy in the Public Records of Collier County, Florida with the same formalities as are required in the Declaration for recording amendments to the Declaration. ARTICLE VIII DIRECTORS AND OFFICERS: (A) The affairs of the Association will be administered by a Board of Directors consisting of the number of Directors determined by the Bylaws, but not less than three (3) Directors, and in the absence of such determination shall consist of three (3) Directors. (B) Directors of the Association shall be elected by the members in the manner determined by the Bylaws. Directors may be removed and vacancies on the Board of Directors shall be filled in the manner provided by the Bylaws. (C) The business of the Association shall be conducted by the officers designated in the Bylaws. The officers shall be elected by the Board of Directors at its first meeting following the annual meeting of the members of the Association and shall serve at the pleasure of the Board. ARTICLES OF INCORPORATION PAGE 4 EXHIBIT "H" SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 ■ Fax (239) 596-9523 ARTICLE IX INDUKNIFICATION: OR; 3769 PG; 1922 To the fullest extent permitted by Florida law, the Association shall indemnify and hold harmless every Director and every officer of the Association against all expenses and liabilities including attorney's fees, actually and reasonably incurred by or imposed on him in connection with any legal proceeding (or settlement or appeal of such proceeding) to which he may be a party because of his being or having been a Director or officer of the Association. The foregoing right of indemnification shall not apply to: (A) Willful misconduct or a conscious disregard for the best interests of the Association, in a preceding by or in the right of the Association to procure a judgement in its favor. (B) A violation of criminal law, unless theDirector or officer had no reasonable cause to believe his action was unlawful or had reasonable cause to believe his action was lawful. (C) A transaction from which the Director or officer derived an improper personal benefit. (D) Wrongful conduct by Directors or officers, in a proceeding brought by or on behalf of the Association. In the event of a settlement, the right to indemnification shall not apply unless a majority of the disinterested Directors approves the settlement as being in the best interest of the Association. The foregoing rights of indemnification shall be in addition to, and not exclusive of all other rights to which a Director or officer may be entitled. ARTICLES OF INCORPORATION PAGE 5 EXMIT "H" SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 ■ Fax (239) 596-9523 CERTIFICATE The undersigned, being the duly elected and acting President of Wedgefield of Naples Association, Inc., hereby certifies that the foregoing amendment was approved by two-thirds (2/3rds) of the members at a meeting held on January 18, 2005, after due notice, in accordance with the requirements of the Articles of Incorporation for their amendment, and that said vote was sufficient for their amendment. The number of votes cast was sufficient for their amendment. Executed this / 6� day of Attest., Stephanie Elford, Secretary "d 126 4 , 2005. WEDGEFIELD OF NAPLES ASSOCIATION, INC, William O. Hoye, President 13251 Wedgefield Drive Naples, FL 34110 (SEAL) OR; 376-9 PG; 1923 STATE OF FLORIDA COUNTY OF COLLIER Subscribed to before me this S day of2005, by Willi O-I�eye-,-$res ent of Wedgefield of Naples Association, Inc., a Florida corporation not for profit, on behalf of the corporation. He is pe ally known to me o id produce as identification. Marfa Alba � My Commission DD2EE43E a wd� Expires February 06, 200E (Print, Type or Stamp Commissioned Name of Notary Public) (Affix Notarial Seal) STATE OF FLORIDA COUNTY OF COLLIER Subscribed to before me this L(— day of 2005, by Stephanie corporation not for profit, on behalf of the corporation. She is pers as identification. a"IT .� Maria Alba z My commission DD285436 �1 o,,./ Expires February OE, 200E (Print, Type or Stamp Commissioned Name of Notary Public) (Affix Notarial Seal) kl�' wkl-� ignarure of Notary Public ary of Wedgefield of Naples Association, Inc., a Florida did produce ARTICLES OF INCORPORATION PAGE 6 ofNbrary Public EXHIBIT "H" SAMOUCE, MURRELL & GAL, P.A. ■ 5405 Park Central Court ■ Naples, Florida 34109 Telephone (239) 596-9522 ■ Fax (239) 596-9523 'a: w•!w i�Kti. �tac t = ��iba co 10rparttnrnf of Stair I certify the attached is a true and correct copy of the Articles of Merger. filed on January 14. 1992. for OVEDGEFIELC OF NAPLES ASSOCIATION, INC., the surviving Florida corporation, as shown by the records of this office. 0 0 The document number of the surviving corporation is N04354 0 dom unbrr mp hanb anb for &rest Oral of the Mptair olploriba. at maiabamr. the Cayual, ibis the 23rd baPell Januarv. 1992. �Ga., ,.t,� Jittt "moi' tnitl� CR2E022(2-91) rrrrtnr� OS aetatr ... n. ,.,;1! 'O: Dapartment of Met-* Date Paid: Tallahasaaa, Florida 32304 riling red: FILED C1F �. AATICTses «- - • is ^7.31x QF Pursuant to t:0 provisions of section 607-224 of the Florida General Corporation Act, the undersigned corporations adcpt the following articlae of verger for the purpoecs 0f marging them into Wedgafield of Naples Aosoclation, Inc. I. The names Of tha corporations which are partiun to the p a co within merger are wedgefield of Naples Ansociatlen, Phaas II, C=) Inc., a Florida corporation and Wedgefield of Naples Association, Inc., a Florida carporati0n. wadgefield of Naples Amsociation, Inc. Is the surviving corporatiOn- 2. The attached plan or merger was approved by the members of each of the undersigned corporations in the manner prescribed by the Florida General Corporation Act. 3. As to each of the undersigned corporations, the total number of members voted for and against the plan, respectively: NOMBER OF Mi�ffiERS n c r Total Total rn cm Ln Voted For Vetad Against Wedgefield of Naples, 0 Association, Phase SI, 11 Inc. Wedgerield of Naples 0 Association, Inc. 11 Dated: December 30 , 1991 WEEDGEFIRIA OF NAPLES ASSOCIATION, PHASE II, I//NC. Z By: I-�Cliccw.st.- a FRES Ia£N'1' � - 9y: SEMETARY STaTZ Or FIARXDA, C7OUYTY OF COLLIER - I MaMy C MMry that on tbia day, before me, an officer duly authorized in the stats and county aioremaid to take to acknowladgmants, peraonally appenred '' - �r �. L• + . ,:�+" laC prasident of WEC+GEFIELD OF NAPLES ASSoclA,T20H, well icnovn, as PHASE 2I, INC., and A �� r ��•-• 4 "•� to me wall known, as secretary of WEDGE -FIELD OF NAPLES ASSOCIATION, PHASE II, INC_ , +` t. .. ' ...j they acknowledged executing said Articles freely and voluntarily under authority duly vested in them by the corporation. MZTKRBS my hand and official seal in the county and state atoresaid this 'St.' day of1991. HpTaSiY P'Z7HLIC: a Co (Printed or Typed ome of Notax; 7c w My Commission Expires: Notary M-WIL 5".1. •! :!-�a WEDGEFIEID OF NAPLES ASSOCIATION, INC. _ By: 0 F PRESI.�ENT m o By: c,c `-- tr SECRETARY STATE OF FIDRIDA cousTY OF COLLIER I EEKREBY CERTIFY that on this day, before me, an officer duly authori zed in the state end ceyyty sforssaid to ' take acknowledgments, psrsannIly appeared L44 ,e ms • a , to me Well known, as President of HEDGEFIELD OF NAPLES ASSOCIATION , iNC, and _ P_t_t but -Ac v: F . to ma well ]crown, as Secretary of WEDGEFIZLO OF NAPLES A5SQC7ATION, INC- and they acknowledged exacuting said Articles freely and voluntarily under autharlty duly Vested in them by the ccrporaticT. WITNFBS my hand and official seal in the county and state aforesaid this • day of 1991. I;OTA;V. PUBLIC .�Gl,•tA (Printed�or Typed Name of Notary) My Commission Expires: , d cp:yt0tcounty CLIRK fota:yPu511c �r_fs o5 P.awd"`tNs c r Lorp/tart •IRf9 fAp Ctat,ettir�n dcj. , ;. 1 •; 11 0 I COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 3/27/2018 Page 1 of 4 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E & Code of Laws section 2-83 – 2-90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner’s approval shall be based on the findings and criteria used for the original application . PETITION NO PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: __________________________________________ Address: __________________________City: _____________ State: _______ ZIP: __________ Telephone: ____________________ Cell: ____________________ Fax: ___________________ E-Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: ______________________City: _______________ State: _________ ZIP: __________ Telephone: _____________________ Cell: _____________________ Fax: _________________ E-Mail Address: ________________________________________________________________ DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. To be completed by staff COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 3/27/2018 Page 2 of 4 PROPERTY INFORMATION PUD NAME: _______________________ ORDINANCE NUMBER: ________________________ FOLIO NUMBER(S): _____________________________________________________________ Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? Yes No If no, please explain: _______________________________________________________ Has a public hearing been held on this property within the last year? Yes No If yes, in whose name? _____________________________________________________ Has any portion of the PUD been SOLD and/or DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes No If yes, please describe on an attached separate sheet. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 3/27/2018 Page 3 of 4 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre-Application Meeting notes 1 Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance # Warranty Deed Legal Description 1 Boundary survey, if boundary of original PUD is amended If PUD is platted, include plat book pages List identifying Owner & all parties of corporation 1 Affidavit of Authorization, signed & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 ½ in. x 11 in. graphic location map of site 1 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 3/27/2018 Page 4 of 4 PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams and David Berra Emergency Management: Dan Summers Naples Airport Authority: Conservancy of SWFL: Nichole Johnson Other: City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMENTS  PUD Amendment Insubstantial (PDI): $1,500.00  Pre-Application Meeting: $500.00  Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Applicant/Owner Name (please print) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 Eagle Creek Golf & County Club – SR 951 Buffer PL20190000503 – PDI 1st Review May 9, 2019 www.davidsonengineering.com EXHIBIT “B” DETAIL OF REQUEST – SECTION 10.02.13.E.1 REVIEW LDC Section 10.02.13.E.2 states “An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Planning Commission.” See below for evaluation of 10.02.13.E.1. The applicant is requesting one (1) new deviation to be added to the approved PUD: Section 5.03.02.C.1. Increase the front yard maximum allowable fence and wall height in a residential zoning district for lots greater than 1 acre from 6 feet to 14 feet. A substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; There is no change to the PUD boundary. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; There is no change in residential density, commercial intensity or height of buildings proposed. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; There is no decrease in preservation, conservation, recreation or open space proposed. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; There is no increase in areas used for nonresidential uses, nor is there any relocation of residential area. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; The change requested does not impact traffic or public facilities. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; There is no change to land use activities proposed; therefore, there will be no change to the trip generation. Eagle Creek Golf & County Club – SR 951 Buffer PL20190000503 – PDI 1st Review May 9, 2019 www.davidsonengineering.com g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; The change should not increase any stormwater discharge or require any additional stormwater retention. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The change requested should not create any incompatible abutting land uses. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; The requested change is compatible with the Growth Management Plan. Specifically, FLUE Policy 5.6 states “New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code.” Although this is not a new development, the increase to wall height in the front yard, reflected on the PUD Master Plan is compatible and complementary to the neighborhood. See Exhibit “C” for additional justification. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or This development is not within a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. The evaluation of this criteria is stated above. This request should be determined an insubstantial change to the PUD. Additional justification is provided in Exhibit “C”. Eagle Creek Golf & County Club – SR 951 Buffer PL20190000503 – PDI 1st Review May 9, 2019 www.davidsonengineering.com EXHIBIT “C” JUSTIFICATION NARRATIVE LDC Section 10.02.13.E.2 states “An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Planning Commission.” See Exhibit “B” for evaluation of Section 10.02.13.E.1. Eagle Creek Golf & Country Club, Inc., owner of the subject property described in Exhibit “A”, requests a deviation from LDC Section 5.03.02.C.1 to increase the maximum wall height along Collier Blvd/SR 951 east of the Golf Course East Tract. The wall height is requested to increase from the maximum of 6 feet to 14 feet in order to improve the golf course visually and acoustically. The existing buffer consists of a chain link fence and native vegetation; however, a substantial amount of vegetation was damaged from Hurricane Irma in September 2017. Since that time, replanting has occurred, and Eagle Creek has chosen to supplement the buffer with a wall. See Exhibit “E” for buffer detail. Surrounding properties have similar buffer walls along Collier Boulevard to allow for privacy and noise mitigation. For example, the Holiday Manor Senior Community, located on the east side of SR 951, currently has a 12’ foot tall wall. (Image above – Holiday Manor Cooperative, located east of Eagle Creek and SR 951). Eagle Creek Golf & County Club – SR 951 Buffer PL20190000503 – PDI 1st Review May 9, 2019 www.davidsonengineering.com Eagle Creek currently has a 16’ tall sound wall installed from the north end of the property following the front property line within the right-of-way to Eagle Creek Drive and continuing approximately 400 feet south of the main entrance and terminating perpendicular to the golf course. The intent is to construct a new wall within Eagle Creek property that would appear to continue from this existing wall and serve as a barrier to the golf course with vegetation similar to existing and shown in the image below. (Image above – Eagle Creek existing wall constructed jointly by FDOT and Collier County, per Wall Construction Agreement) A Wall Construction Agreement, attached for reference, was executed in 2013 regarding the existing Sound Wall within the right-of-way adjacent to Eagle Creek. This agreement does not conflict with the proposed wall. Eagle Creek Golf & County Club – SR 951 Buffer PL20190000503 – PDI 1st Review www.davidsonengineering.com EXHIBIT “A” LEGAL DESCRIPTION EAGLE CREEK COUNTRY CLUB GOLF COURSE EAST, LESS SEWAGE TREATMENT SITE DESCRIBED IN OR 1267 PG 2282, LESS REALIGNMENT OF SR 951 HENDERSON CREEK DR TAM I A M I T R L E TWIN PALMS DRROOKERY RDTAHITIAN NWILLOW LNWALNUT STAUDUBON RDCOLLIER BLVDRIVERW O O D R D PRICE ST TOWER RD ¯US 4 1SR 951RATTLESNAKE HAMMOCK RD 0 21Miles 0 740370Feet EAGLE CREEK 951 BUFFER Eagle Creek Golf & Country Clubadjacent to golf course, west side of SR 951 EAGLE CREEK GOLF & COUNTRY CLUB LOCATION MAP Z:\Active Projects\E\Eagle Creek-951 Buffer Study\DWG\GIS\Eagle Creek 951 Buffer aerial.mxd Date Saved: 3/18/2019 PROJECT: NOTES: EXHIBIT DESC: PLANNING DEPT4365 RADIO ROADSUITE 201NAPLES, FL 34104P: 239-434-6060 F: 239-434-6084 CLIENT: LOCATION: COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 1 of 3 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 2 of 3 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 3 of 3 Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) 11 CYPRESS VIEW DR NAPLES, FL 34113 Current Principal Place of Business: Current Mailing Address: 11 CYPRESS VIEW DR NAPLES, FL 34113 US Entity Name: EAGLE CREEK GOLF AND COUNTRY CLUB, INC. DOCUMENT# N43890 FEI Number: 65-0372357 Certificate of Status Desired: Name and Address of Current Registered Agent: MADALINSKI, DONALD 11 CYPRESS VIEW DR NAPLES, FL 34113 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date FILED Feb 27, 2019 Secretary of State 1622742475CC DONALD MADALINSKI GM 02/27/2019 2019 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT No Title DS Name FEDOR, RANA Address 18 CYPRESS VIEW DRIVE City-State-Zip:NAPLES FL 34113 Title GM Name MADALINSKI, DONALD Address 11 CYPRESS VIEW DRIVE City-State-Zip:NAPLES FL 34113 Title DV Name BYRNE, THOMAS Address 720 WATERFORD DRIVE #402 City-State-Zip:NAPLES FL 34113 Title DP Name COOGAN, STEPHEN LEE Address 529 EAGLE CREEK DRIVE City-State-Zip:NAPLES FL 34113 Title DT Name HOLAWAY, CURTIS Address 53 GREY WING POINT City-State-Zip:NAPLES FL 34113 PROPOSED BUFFER COMPONENTS: 20’ WIDE TYPE ‘D’ RIGHT-OF-WAY BUFFER 14’ PREFABRICATED WALL TREES EVERY 30’ O.C. AT MIN. OF 10’ H, 1.75” Cal., 4’ SPR. and/or PALM EQUIVALENT (3:1 FOR SABAL PALMS) AT 10’ C.T. MIN. SHRUBS PROVIDED AT 6’ H, 4’ O.C. TO REACH A MINIMUM OF 7’ WITHIN ONE YEAR 100% NATIVE LANDSCAPE MATERIALS (WEST AND SOUTH OF U.S. HIGHWAY 41)100% NATIVE LANDSCAPE MATERIALS (WEST AND SOUTH OF U.S. HIGHWAY 41) DIRTCART PATHASPHALTROAD CWALL COLUMN(TYP.)WALL COLLIER BOULEVARD(S.R. 951 - PUBLIC R.O.W.)91'±#4B & BSAB SAB (6)B & B(13) CON SE215 galCOC UVI (60)15 gal(57) MYR FRA15 gal(2) COC UVIMATCHLINEMATCHLINECONCRETE SIDEWALKAA93'±GREEN#5COLLIER BOULEVARD(S.R. 951 - PUBLIC R.O.W.)MAST ARMB & BCON SE2 (6)B & BSAB SAB (6)B & B(6) SAB SABB & BCON SE2 (19)15 gal(57) MYR FRA15 galCOC UVI (77)15 gal(60) COC UVIMATCHLINEMATCHLINEENLARGEMENT - NORTH SECTIONNORTHNOT TO SCALEENLARGEMENT - SOUTH SECTIONNORTHNOT TO SCALE A A SECTION A-A N.T.S. CONCEPTUAL SITE PLAN SHEET NO:PLANNING DEPARTMENT 4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 REVISIONS DATE:REV.DESCRIPTION EAGLE CREEK G&CC - 951 BUFFER WALL NSCALE 1:150 LEGEND 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigningE xcellence Civil Engineering • Planning • Permitting M E M O R A N D U M August 21, 2019 TO: John Kelly, Senior Planner, Collier County Growth Management Dept. FROM: Anna Ritenour, AICP, Davidson Engineering RE: Eagle Creek PDI – PL2019000503 Neighborhood Information Meeting Summary Davidson Engineering conducted a Neighborhood Information Meeting (NIM) for the subject Eagle Creek PDI Application on Tuesday, August 20, 2019. The meeting was held at the Eagle Creek Clubhouse located at 11 Cypress View Drive, Naples, FL 34113. In attendance from Davidson Engineering were Anna Ritenour, AICP, Jessica Harrelson, AICP and Carl Thrushman, PE. The sign in sheet, attached, indicates that 7 individuals were in attendance. The PowerPoint presentation and handouts of the exact deviation request and buffer details are also attached. These materials were available at the NIM. Anna Ritenour, agent for the applicant, conducted the meeting and gave an overview of the proposed deviation to the Eagle Creek PUD. She presented the site location and process details for PUD Insubstantial Change applications. Anna indicated that the applicant hopes to have this project heard by the Hearing Examiner but there is always the option to escalate the application to the Planning Commission and Board of County Commissioners. The exact process will be confirmed with staff approval. Following the presentation, attendees were asked for questions or comments. The following list is a summary of questions asked and responses given by the agent in bold. 1. Where will the public hearing be? Who would hear it? Response: The public hearing could be heard by the Hearing Examiner which is an expedited process for insubstantial applications such as this. That hearing would be located at the Growth Management office at 2800 N. Horseshoe Drive. The details of the hearing will be in the public notice mailed and advertised. 2. When will the hearing be? Response: The application is still under review. The anticipated hearing would be scheduled sometime around October. Eagle Creek Golf & CC PDI – PL2019000503 August 21, 2019 2 3. Are there any neighbors interested in this wall? Response: The purpose of this meeting and the public hearing are to allow interested parties to voice any comments or concerns. We have met the legal advertising and public notice requirements and additional notices will be sent prior to the hearing. To date, no correspondence has been sent to the agent or County staff. 4. Since this is on Eagle Creek’s property, are we obliged to construct this? Response: No, this application allows for an increase in maximum wall height in this location. This does not require construction of the wall. 5. Living near Collier Blvd, I can hear so much traffic, especially emergency vehicles so the additional wall could help. Response: Yes, vegetation should help with that too. End of memo. PDI – PL20190000503 Eagle Creek Golf & Country Club AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a Planned Unit Development Rezone and Growth Management Plan Amendment, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen’s description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner’s list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance _____________________________________________________ (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this _21__ day of _August_______, 2019 by Anna Ritenour , who is personally known to me. _____________________________________________ (Signature of Notary Public) (Notary Seal) Tocia Hamlin__________________________________ Printed Name of Notary PROPOSED BUFFER COMPONENTS: 20’ WIDE TYPE ‘D’ RIGHT-OF-WAY BUFFER 14’ PREFABRICATED WALL TREES EVERY 30’ O.C. AT MIN. OF 10’ H, 1.75” Cal., 4’ SPR. and/or PALM EQUIVALENT (3:1 FOR SABAL PALMS) AT 10’ C.T. MIN. SHRUBS PROVIDED AT 6’ H, 4’ O.C. TO REACH A MINIMUM OF 7’ WITHIN ONE YEAR 100% NATIVE LANDSCAPE MATERIALS (WEST AND SOUTH OF U.S. HIGHWAY 41)100% NATIVE LANDSCAPE MATERIALS (WEST AND SOUTH OF U.S. HIGHWAY 41) DIRTCART PATHASPHALTROAD CWALL COLUMN(TYP.)WALL COLLIER BOULEVARD(S.R. 951 - PUBLIC R.O.W.)20' TYPE D LANDSCAPEBUFFEREXISTING WALLOVERHEAD POWERLINES (APPROXIMATED)SE CORNER OF CONCRETEPRIVACY IS 5.2' EASTOF PROPERTY LINECORNER OF CONCRETEPRIVACY WALL IS 5.5' EASTOF PROPERTY LINEEND OF CONCRETEPRIVACY WALL IS 9.5' WESTOF PROPERTY LINE91'±GREEN#4BEGINNING OFPROPOSED WALLMAST ARMB & BSAB SAB (6)B & B(13) CON SE215 galCOC UVI (60)15 gal(57) MYR FRA15 gal(2) COC UVINORTH021060’30’SCALE: 1” = 30’DIRT CART PATH CONCRETE CART PATHCONCRETE SIDEWALKPROPERTY LINE /RIGHT-OF-WAY±1,362 LF OF PROPOSED WALLHOLE #5AARELOCATE CART PATHAROUND HOLE #593'±GREEN#5END OF PROPOSED WALLCOLLIER BOULEVARD(S.R. 951 - PUBLIC R.O.W.)MAST ARM20' TYPE D LANDSCAPEBUFFERB & BCON SE2 (6)B & BSAB SAB (6)B & B(6) SAB SABB & BCON SE2 (19)15 gal(57) MYR FRA15 galCOC UVI (77)15 gal(60) COC UVINORTH021060’30’SCALE: 1” = 30’ENLARGEMENT - NORTH SECTIONENLARGEMENT - SOUTH SECTIONMATCHLINEMATCHLINEMATCHLINEMATCHLINE DIRTCART PATHDIRTCART PATHC O N C R E T E C A R T P A T H CONCRETE SIDEWALK A A SECTION A-A N.T.S. CP-01 4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 JEFF L. DAVIDSON, P.E NO. 47161 ANDREW E. RATH, P.E. NO. 73996 CARL MAX THRUSHMAN P.E. NO. 86499 RYAN A. WHITE, P.E. NO. 67400 JENNA A. WOODWARD, P.E. NO. 84212 SHEET TITLE: PROJECT: REVISIONS: CLIENT: DATEREV.DESCRIPTION EAGLE CREEK G&CC - 951 BUFFER WALL SITE LOCATION MAP EAGLE CREEK GOLF & COUNTRY CLUB 11 CYPRESS VIEW DRIVE NAPLES, FL 34113 PROJECT NO.: 19-0043 SHEET NO: NOTES: NOT FOR CONSTRUCTION SCALE:1:50 NCONCEPTUAL SITE PLAN LEGEND PDI Request: •To add a deviation in the Eagle Creek PUD to allow for a 14’ wall along the east boundary of the Golf Course tract Current Code: •Maximum wall height in a “front yard” is 6 feet tall •Collier Blvd is a front yard to the golf course tract GOLF COURSE TRACT Location of proposed 14’-tall wall Street side (Collier Blvd.) Golf course side (existing vegetation will remain) Existing wall –19’-tall FDOT/Collier County installed within right-of-way Davidson Engineering, Inc. Anna Ritenour, AICP anna@davidsonengineering.com 239-434-6060 Collier County John Kelly, Senior Planner John.Kelly@colliercountyfl.gov 239-252-5719 •Awaiting staff approval of request documents •Schedule Hearing Examiner hearing •Legal notification will be mailed and advertised prior to public hearing Eagle Creek Golf & County Club – SR 951 Buffer PL20190000503 – PDI 2nd Review July 10, 2019 – Exhibit D www.davidsonengineering.com SECTION II PROJECT DEVELOPMENT STANDARDS ************** 2.11 DEVIATIONS A. EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATION, OR ITS SUCCESSOR PROVISION The following requirement shall be waived: Article X, Section 16: Sidewalks (Waive requirement for sidewalks on both sides of all collection streets, on one side of each marginal access street and local street). Walkway and/or bicycle path locations will be indicated on the project construction plans when those are submitted to the County for approval. Article X, Section 19: Street Name Markers and Traffic Control Devices. Street name signs shall be approved by the County Engineer but not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived. Article XI, Section 10: Monuments where such monuments occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the current County standards. Article XI, Section 17F & G: Street right-of-way and Pavement widths: For street right-of-way and pavement cross-section see Construction Drawings, WMBS&P No. D264. Article XI, Section 17H: Dead End Streets. Such streets shall not exceed one thousand (1,000) feet in length. Article XI, Section 17I: Curb Radii. (Waive Requirement for forty (40) foot radius to thirty (30) feet at local to local road intersections only). Article XI, Section 17J: Intersections requiring curved streets to have a minimum tangent of one hundred (100) feet at intersections. Article XI, Section 17K: Reverse Curves. Tangents between curves on all streets shall be at least one hundred (100) feet in length. Article XI, Section 21: Utility Casings. Appendix “D”, Local Road Typical Sections. 2-5 Eagle Creek Golf & County Club – SR 951 Buffer PL20190000503 – PDI 2nd Review July 10, 2019 – Exhibit D www.davidsonengineering.com B. OTHER EXCEPTIONS TO THE COLLIER COUNTY LAND DEVELOPMENT CODE Section 5.03.02.C.1. Increase the front yard maximum allowable fence and wall height in a residential zoning district for lots greater than 1 acre from 6 feet to 14 feet for the area depicted in the Master Plan. ************* 2-6 t1w41) w. n 6 0NTi00000 oo = o oo I aLIDrni .+ r c v N ro ai m o e a oo Mn e .y in ti w a n ,..1 p N N LC Vilt aW Jn. a~ iiWWE s m WZ pd a * N NAd aW WC cdcoi Cd 1 ° Nec ,mo o u. 9 VCsSW c'- c .. ; p . a N 81554 — 1rrAorrrQ t(Y) NMmMLciut ufu'm A AAAA ? v Z< mm tYLuA A A A 7rrrzN e uTTttiAAArrrAAA rrr4 WAA rrrZ rrrag WWWJKa 0 w- 04 11 at 0 CO N-C' Z J Eo g 2d T. No, 21 an Wn 1.1 yam iy <ari ipp m y 7 l's t ,.``., CL i / ' ,_ til a 0 oft f v-, N f Cti I u7 tial tR1 t.-2', „,-, \ w .., Itil t::-' i u 7-4M.:_'',.. w,. p 9 waa m"_ CA9 Eagle Creek Golf & County Club – SR 951 Buffer PL20190000503 – PDI 3rd Review September 13, 2019 – Exhibit D www.davidsonengineering.com SECTION II PROJECT DEVELOPMENT STANDARDS ************** 2.11 DEVIATIONS A. EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATION, OR ITS SUCCESSOR PROVISION The following requirement shall be waived: Article X, Section 16: Sidewalks (Waive requirement for sidewalks on both sides of all collection streets, on one side of each marginal access street and local street). Walkway and/or bicycle path locations will be indicated on the project construction plans when those are submitted to the County for approval. Article X, Section 19: Street Name Markers and Traffic Control Devices. Street name signs shall be approved by the County Engineer but not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived. Article XI, Section 10: Monuments where such monuments occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the current County standards. Article XI, Section 17F & G: Street right-of-way and Pavement widths: For street right-of-way and pavement cross-section see Construction Drawings, WMBS&P No. D264. Article XI, Section 17H: Dead End Streets. Such streets shall not exceed one thousand (1,000) feet in length. Article XI, Section 17I: Curb Radii. (Waive Requirement for forty (40) foot radius to thirty (30) feet at local to local road intersections only). Article XI, Section 17J: Intersections requiring curved streets to have a minimum tangent of one hundred (100) feet at intersections. Article XI, Section 17K: Reverse Curves. Tangents between curves on all streets shall be at least one hundred (100) feet in length. Article XI, Section 21: Utility Casings. Appendix “D”, Local Road Typical Sections. 2-5 Eagle Creek Golf & County Club – SR 951 Buffer PL20190000503 – PDI 3rd Review September 13, 2019 – Exhibit D www.davidsonengineering.com B. OTHER EXCEPTIONS TO THE COLLIER COUNTY LAND DEVELOPMENT CODE Deviation B seeks relief from LDC Section 5.03.02.C.1, Fences and Walls, Excluding Sound Walls, which requires a maximum fence height of 6 feet in the front yard of lots greater than 1 acre within a residential component of PUDs, to allow a fence or wall up to 14 feet in height in the area depicted in the Master Plan, along the east property line of Tract ‘GC’ East. ************* 2-6 t1w41) w. n 6 0NTi00000 oo = o oo I aLIDrni .+ r c v N ro ai m o e a oo Mn e .y in ti w a n ,..1 p N N LC Vilt aW Jn. a~ iiWWE s m WZ pd a * N NAd aW WC cdcoi Cd 1 ° Nec ,mo o u. 9 VCsSW c'- c .. ; p . a N 81554 — 1rrAorrrQ t(Y) NMmMLciut ufu'm A AAAA ? v Z< mm tYLuA A A A 7rrrzN e uTTttiAAArrrAAA rrr4 WAA rrrZ rrrag WWWJKa 0 w- 04 11 at 0 CO N-C' Z J Eo g 2d T. No, 21 an Wn 1.1 yam iy <ari ipp m y 7 l's t ,.``., CL i / ' ,_ til a 0 oft f v-, N f Cti I u7 tial tR1 t.-2', „,-, \ w .., Itil t::-' i u 7-4M.:_'',.. w,. p 9 waa m"_ CA9 ORDINANCE NO. 18 - 09 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 96-79, THE EAGLE CREEK PLANNED UNIT DEVELOPMENT BY EXPANDING THE GOLF COURSE BY REMOVING ONE ACRE FROM RESIDENTIAL TRACTS AND ADDING THE ONE ACRE TO GOLF COURSE TRACT H-1; BY SUPERSEDING AND REPEALING PRIOR ORDINANCE NOS. 81-4, 81-114, 82-53 AND 85-8; BY AMENDING THE MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 298+/- ACRES, IS LOCATED SOUTHWEST OF THE INTERSECTION OF US 41 AND COLLIER BOULEVARD IN SECTIONS 3 AND 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20170001320] WHEREAS, on December 10, 1996, the Board of County Commissioners approved Ordinance No. 96-79, which established the current Eagle Creek Planned Unit Development PUD); and WHEREAS, Frederick E. Hood, AICP of Davidson Engineering, Inc. representing Eagle Creek Golf & Country Club, Inc., petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 96-79,the Eagle Creek PUD, as amended. WHEREAS, prior to 1996, the Board of County Commissioners adopted Ordinance Nos. 81-4, 81-114, 82-53 and 85-8 pertaining to prior versions of this PUD; and applicant has requested that these older PUDs be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to Section 2.06, of PUD Document of Ordinance Number 96-79, Eagle Creek. Section 2.06., Land Use Distribution and Density, of the PUD previously attached as Exhibit A to Ordinance Number 96-79, the Eagle Creek PUD, is hereby amended as follows: 17-CPS-01692/1394609/1] 117 Words underlined are added;words struck through are deleted. Eagle Creek/PL20170001320 2/ 13/18 Page 1 of 4 L 2.06 LAND USE DISTRIBUTION AND DENSITY APPROXIMATE LAND USE DISTRIBUTION LAND USE APPROXMIATE DESIGNATION ACREAGE* RESIDENTIAL TRACT A 3. 5 TRACT B1 3.0 TRACT B2 2.0 1.5 TRACT B3 2.0 TRACT B4 6. 0 TRACT B5 4. 0 TRACT C 18.0 TRACT D 21. 0 TRACT E 11.0 TRACT F 8. 5 TRACT G1 3. 5 TRACT G2 3.0 TRACT M 13.0 TOTAL RESIDENTIAL 98.5 98.0 GOLF COURSE Tract Golf Course East 70.5 Tract Golf Course West 66.0 Tract H X96_5 Tract H-1 1.14 Tract CH 5.5 TOTAL GOLF COURSE 149.0149.64 SECTION TWO: Amendments to Section IV, Golf Course, of PUD Document of Ordinance Number 96-79, Eagle Creek PUD. Section IV, Golf Course of the PUD previously attached as Exhibit A to Ordinance Number 2001- 09, the Eagle Creek PUD, is hereby amended as follows: 17-CPS-01692/1394609/1] 117 Words underlined are added;words stfuek-thfetgh are deleted. Eagle Creek/PL20170001320 2/13/18 Page 2 of 4 SECTION IV GOLF COURSE 4.0 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Golf Course, to include Tracts "GC East", "GC West", "CH", "H" and "H-1". 4.02 PERMITTED USES AND STRUCTURES C. Permitted Uses in Tract H-1 No buildings or structures are permitted within Tract H-1. It is limited to open space only, with the following permitted uses: 1) Golf Course 2) Golf Course Driving Range 3) Short Game Practice Area 4) Golf Course Maintenance Areas (no vertical structures permitted) 5) Water Management SECTION THREE: Amendment of Master Plan. The Master Plan identified as Exhibit A to the Eagle Creek PUD is hereby replaced with the Master Plan attached hereto and incorporated herein as Exhibit A. 17-CPS-01692/1394609/1] 117 Words underlined are added;words struckare deleted. Eagle Creek/PL20170001320 2/13/ 18 Page 3 of 4 SECTION FOUR: Repeal of prior Ordinances. This Ordinance supercedes and repeals Ordinance Nos. 81-4, 81-114, 82-53 and 85-8, except to the extent a structure was previously constructed in accordance with a prior ordinance, it may remain as a conforming use according to those regulations. SECTION FIVE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by su ,fir-majority vote of the Board of County Commissioners of Collier County, Florida, this I 31h day of 111 tor c ti 2018. JATTEST. BOARD OF '•UNTY COM SSIONERS DWIGHT'S BROCI< ERK COLLIE' CO 'QTY, Fr By: IF t kr ii;Ii By: 1'pu 1: j ANDY SOLIS, Chairman Attest as to Cha` 'io'`D signature only. Approved as to form and legality: r A --------,_ Act Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Revised Master Plan This ordinance filed with the Secretory of 51ate'l Office the ithdoy of Uri and ocknowledgernegt ooff that filin received this ___ do of v ' . i\ gy • _ft.. ;. k IMP 17-CPS-01692/1394609/1] 117 Words underlined are added;words struck-through are deleted. Eagle Creek/PL20170001320 2/13/18 Page 4 of t1w41) w. n 6 0NTi00000 oo = o oo I aLIDrni .+ r c v N ro ai m o e a oo Mn e .y in ti w a n ,..1 p N N LC Vilt aW Jn. a~ iiWWE s m WZ pd a * N NAd aW WC cdcoi Cd 1 ° Nec ,mo o u. 9 VCsSW c'- c .. ; p . a N 81554 — 1rrAorrrQ t(Y) NMmMLciut ufu'm A AAAA ? v Z< mm tYLuA A A A 7rrrzN e uTTttiAAArrrAAA rrr4 WAA rrrZ rrrag WWWJKa 0 w- 04 11 at 0 CO N-C' Z J Eo g 2d T. No, 21 an Wn 1.1 yam iy <ari ipp m y 7 l's t ,.``., CL i / ' ,_ til a 0 oft f v-, N f Cti I u7 tial tR1 t.-2', „,-, \ w .., Itil t::-' i u 7-4M.:_'',.. w,. p 9 waa m"_ CA9 Sill 43i) io, W r it E ,, FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State March 19, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-09, which was filed in this office on March 19, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner’s agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner’s agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1.The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2.The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3.The petitioner or the petitioner’s agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner’s agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. - - - - - - - - - - - - - - - - - - - - - - - -- --- - - - -- AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER : SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX NAME (TYPED OR PRINTED)CITY, STATE ZIP # STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this day of , 20 , by , personally known to me or who produced as identification and who did/did not take an oath. Signature of Notary Public Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 18th November 19 Anna Ritenour Jessica Harrelson Primary Criteria 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Response: The proposed project is to build a boathouse addition over an existing dock facility that has 1 slip. The location has an 80’ water frontage and is zoned RSF-3 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: Water depth does not apply; criteria is not applicable. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: The existing dock facility was previously permitted, permit number PRBD20180636543 issued on 06/21/2018 and does not protrude beyond 20’ and will not have an adverse impact on navigation. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: The existing dock facility protrudes 20-feet or 17.95 percent of the width of the 111.4 feet and the dock directly opposite protrudes 20-feet or 17.95 percent and in combination, leaves 64.1 percent of navigable water or 71.4-feet. Only the overhang of the proposed roof hangs past 20’ and it will not impact navigation. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The existing dock facility has met the setback requirements and will not interfere with the use of the neighboring docks. Secondary Criteria 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Response: This does not apply to the boathouse project, criteria not applicable. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Response: The existing dock facility was previously permitted, permit number PRBD20180636543 issued on 06/21/2018 and is compliant. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: Vessel LOA is 31-feet which is 38.75 percent of the linear water frontage and is less than the 50 percent applicable maximum. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: The proposed project is obscured by hedges to the East down to the seawall and the West side has hedges and trees down to the seawall and would have minimum impact on the neighboring view on either side. The existing dock and proposed boathouse are within the 15-foot side yard set back as well. Also, there are several other properties on this same canal with existing boathouses. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) Response: The existing dock facility was previously permitted, permit number PRBD20180636543 issued on 06/21/2018, and is compliant. No new pilings will need to be installed therefore no impact to any sea grass will be incurred. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: This existing dock facility and is not subject to the requirements of the LDC subsection 5.03.06.E.11 manatee protection plan. Boathouse criteria under LDC Section 5.03.06(F). 1. Minimum side setback requirement: Fifteen feet. Response: Criterion has been met. The East side of the boathouse provides a setback of 22.0 feet from the property line; the West side of the boathouse provides a setback of 19.2 feet from the West property line. (Page 9) 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. Response: Criterion has been met. Since the wet face of the seawall and property line do not line up exactly, the actual proposed protrusion into the water way is 19.8 feet on the East side and 19.7 feet on the West side. Both of which do not include the allowed 3-foot overhang. See overhang dimensions on the boathouse engineering in the roof framing plan section. (page 10) 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. Response: Criterion has been met. The proposed actual height is 14’ 8” feet from the top of the seawall, which is the most restrictive feature. See Engineering Building Section (page 10). 4. Maximum number of boathouses or covered structures per site: One. Response: Criterion has been met. Only one boathouse will be built. See Site Plan Survey (page 9). 5. All boathouses and covered structures shall be completely open on all 4 sides. Response: Criterion has been met. All 4 sides of the proposed boathouse are engineered to be left open. See Engineering Building Section, End View and Side View. (page 10) 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. Response: Criterion has been met. A single-family house has already been constructed on this lot, the proposed boathouse roof will be matching the same material and color as the existing house. See Engineering Building Section. (page 10) 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. Response: Criterion has been met. The proposed boathouse addition is consistent with existing facilities along that shoreline and does not impact the view of the adjacent neighbors. Name: Address: Date: Ken Seibert 253 Conners Ave Naples, FL 34108 8/1/2019 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Proposed Boathouse Drawing with Vessel CIVIL ENGINEERING - STRUCTURAL ENGINEERING - DRAINAGE - LAND PLANNING - SITE DEVELOPMENT - UTILITY DESIGN JB ENGINEERING OF SW. FL., INC. PHONE # (239) 949-0030 BONITA SPRINGS, FL. 34135 11338 BONITA BEACH ROAD SE. SUITE-105 COLLEIR COUNTY, FL1 1BOAT HOUSEDRAWN BY:J.B.SCALE: AS NOTEDDATE: 3-18-19 REV-10/10/19OFFLORIDA ENGINEERING BUSINESS #28318 JOSEPH J. BOMBASSARO - FL REG. ENGINEER #50702 JOB#: 16-G0-090253 CONNERS AVENUE MARINE CONSTRUCTION GREG ORICK II FOR:REVISIONSDATE:SYM.CHECKED BY: THIS PROJECT HAS BEEN DESIGNED IN REQUIRED BY THE 2017 FLORIDA BUILDING ACCORDANCE WITH SECTION 1609 OF THE FLORIDA BUILDING CODE 6th EDITION TO WITHSTAND THE APPLICABLE WIND LOADS & LIVE & DEAD LOADS AS CODE 6TH EDITION FOR 170 MPH WINDSCALE: 1/4"=1'-0"END ELEVATI0NTOP OF SEAWALL CAP 3.2' NAVD2x6 #2 SYP. PT DIAGONAL BRACING.ATTACH WITH (2) 1/2" d x 5" LONG GALV.LAG SCREWS PER EACH END. (TYPICAL)OPEN ALL SIDES2x6 #2 SYP. PT DIAGONAL BRACING.ATTACH WITH (2) 1/2" d x 5" LONG GALV.LAG SCREWS PER EACH END. (TYPICAL)32.8'0.4'8.0'8.0'8.0'8.0'0.4'cccccOPEN ALL SIDES10.5'4.2'124SIDE ELEVATI0NSCALE: 1/4"=1'-0"14.7' 14.7'TOP OF EXISTING SEAWALL CAP / BANK 3.2' NAVDMAX. ROOF HEIGHT15.0' ABOVE SEAWALL CAPMAX. ROOF HEIGHT15.0' ABOVE SEAWALL CAP38.8'8.4'8.0'8.0'8.4'19.6'0.4'18.8'0.4'3.0'3.0'25.7' 3.0'3.0'2 PLY 2 x 10 GLUELAM BEAMS ATTACHED WITH (2) 5/8"d GALV. THRU. BOLTS PER POST. (TYPICAL)2x10 #2 SYP. PT RAFTERS @ 24" O.C. 2x10 # 2 S.Y.P. P.T. RIDGE 10"d WOOD PILES .6 CCA TREATED (TYPICAL)SCALE: 1/4"=1'-0"ROOF FRAMING PLANSIMPSON HRC22 RIDGE CONNECTOR. PAINT WITH EPOXY PRIMER AFTER INSTALLATIONMATCH EXISTING MAIN HOUSE STANDING SEAM METAL ROOF OVER (2) LAYERS OF 30# FELT OR 90# SELF ADHERING BITUMINOUS UNDERLAYMENTAPPROXIMATE BOTTOM LINESCALE: 1/2"=1'-0"BUILDING SECTIONTOP OF EXISTING SEAWALL CAP / BANK 3.2' NAVD2x10 #2 SYP. PT RAFTERS @ 24" O.C.2x6 #2 SYP. PT CROSS TIES @ EACH RAFTER SET ATTACHED WITH (6) 1/4"x3" S.S. SCREWS EACH SIDE(2)2x10 #2 SYP. PT RIDGE2 PLY 2 x 10 GLUELAM BEAMS ATTACHED WITH (2) 5/8"d GALV. THRU. BOLTS PER POST. (TYPICAL)2x10 #2 SYP. PT FASCIAGALV. DRIP STRIPSIMPSON MTS12EACH RAFTER12410"d WOOD PILES2.5 CCA TREATED(TYPICAL)PILES TO BE MIN. 3 TONS BEARINGW/ MIN. 10' PENETRATION OR TOREFUSALAPPROXIMATE MEAN HIGH WATER 10.5'4.2'SIMPSON H4 @ EACHRAFTER10"d WOOD PILES2.5 CCA TREATED(TYPICAL)0.4'18.8'0.4'MAX. ROOF HEIGHT15.0' ABOVE SEAWALL CAPEXISTING METAL ROOF PANELS & FLASHING TO MATCH THE COLOR OF THE EXISTING MAIN HOUSE19.6' 253 CONNERS AVENUE SUBMERGED RESOURCE SURVEY COLLIER COUNTY, FLORIDA Prepared For: Prepared By: June 10, 2019 Greg Orick Marine Construction 1035 Collier Center Way, Suite 1 Naples, FL 34110 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com TABLE OF CONTENTS INTRODUCTION ...................................................................................................................................... 3 LOCATION ............................................................................................................................................... 3 SURVEY MATERIALS & METHODS........................................................................................................... 4 RESULTS/DISCUSSION ............................................................................................................................. 6 PHOTOGRAPHIC DOCUMENTATION ...................................................................................................... 8 REFERENCES ......................................................................................................................................... 13 EXHIBITS Figure 1 Site Location Map Figure 2 Site Vicinity Map Figure 3 Proposed Dock Layout Figure 4 Survey Area Figure 5 Seagrass Observed Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com INTRODUCTION The purpose of this report is to summarize Earth Tech Environmental’s (ETE) evaluation of the proposed dock construction area located at 253 Conners Avenue (Subject Property) in Naples, Florida, for the presence of important submerged resources such as seagrass and/or hard bottom. ETE conducted fieldwork for this Submerged Resource Survey (SRS) on June 6, 2019 for Greg Orick Marine Construction (Client). The Client is proposing modification of the existing dock structure. LOCATION The Subject Property is located south of Immokalee Road and west of Vanderbilt Road in Section 29, Township 48 South, Range 25 East, in Naples, Collier County, Florida. The Subject Property contains a boat dock and lift on a canal behind a private residence. See Figures 1 & 2 below for the property location. Figure 1. Site Location Map 3 Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 2. Site Vicinity Map SURVEY MATERIALS & METHODS The Client provided ETE with a sketch of the proposed dock modification to occur along the existing dock on the Subject Property. See Figure 3 below. 4 Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 3. Proposed Dock Layout Based on the proposed dock location, an SRS was performed to search for the presence of important submerged resources such as seagrass and/or hard bottom. The SRS included the proposed construction location as well as a 200-foot buffer radius (survey area) as per the Collier County Land Development Code (LDC) subsection 5.03.06. The SRS was conducted based on methodology outlined in three (3) publications: 1) “Submerged Aquatic Vegetation Survey Guidelines”. US Army Corps of Engineers (ACOE). Undated. http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/permitting/processing_ steps/process_seagrass_survey.pdf 2) Florida Fish and Wildlife Conservation Commission (FWC) Recommended Survey Protocols for Estuarine and Marine Submerged Aquatic Vegetation (SAV) related to Permitting Applications. 12/14/2011. DRAFT. http://myfwc.com/media/1626941/SeagrassSurveyProtocol.pdf 3) Collier County, Florida – Land Development Code/Chapter 5 Supplemental Standards/Subsection 5.03.06 – Dock Facilities (May 31, 2017 – Current). https://library.municode.com/fl/collier_county/codes/land_development_code?nodeld=COLLIE R_CO_LAND_DEVELOPMENT_CODE 5 Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com The survey area is shown in Figure 4. This survey was conducted within the main seagrass growing season which is typically between June 1st and September 30th. Seagrass in Southwest Florida is ephemeral in nature; therefore, seagrass abundance and density can vary throughout the year. The SRS was conducted by two (2) Ecologists from ETE, utilizing snorkel and SCUBA gear. North-south transects were completed throughout the approximate survey area. Photographs were taken to document observations. Figure 4. Survey Area RESULTS/DISCUSSION The tide at the time of the survey was low and incoming. Water depth varied from approximately three (3) feet to seven (7) feet. Underwater visibility was roughly one (1) foot. Bottom material was primarily mucky. The majority of the surveyed area was subject to heavy siltation. Trace amounts of low density (<5% coverage) paddle grass were observed to the east-northeast of the existing dock within the survey area (see Figure 5). Scattered oysters, barnacles and pin fish were observed along the seawall and dock pilings. Scattered macroalgae and minimal detritus was observed in the survey area. See Table 1 below for a full species list. 6 Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com Table 1. Species Observed during Submerged Resource Survey Common Name Scientific Name Algae Caulerpa Caulerpa spp. Fauna Barnacle Balanus spp. Eastern Oyster Crassostrea virginica Pinfish Lagodon rhomboides Flora Paddle Grass Halophila decipiens Figure 5. Seagrass Observed 7 Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com PHOTOGRAPHIC DOCUMENTATION The following photographs were taken to document observations during the SRS. Proposed dock modification site facing east Oyster shells along seawall 8 Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com Live oysters on dock piling Barnacles on dock piling 9 Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com Paddle grass (Halophilia decipiens) in survey area Paddle grass (Halophilia decipiens) in survey area 10 Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com Paddle grass (Halophilia decipiens) in survey area Macro algae in southern survey area 11 Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com Typical bottom substrate Typical bottom substrate 12 Submerged Resource Survey Earth Tech Environmental, LLC www.eteflorida.com REFERENCES Collier County Property Appraiser. http://www.collierappraiser.com Dawes, C.J., R.C. Phillips, and G. Morrison. 2004. Seagrass Communities of the Gulf Coast of Florida: Status and Ecology. Florida Fish and Wildlife Conservation Commission Fish and Wildlife Research Institute and the Tampa Bay Estuary Program. St. Petersburg, FL. iv + 74 pp. Florida Fish and Wildlife Conservation Commission (FWC) Recommended Survey Protocols for Estuarine and Marine Submerged Aquatic Vegetation (SAV) related to Permitting Applications 12/14/2011 DRAFT. http://myfwc.com/media/1626941/SeagrassSurveyProtocol.pdf Fonseca, M.S., W.J. Kenworthy and G.W. Thayer 1998. Guidelines for the Conservation and Restoration of Seagrasses in the United States and Adjacent Waters. NOAA Coastal Ocean Program Decision Analysis Series No. 12, NOAA Coastal Ocean Office, Silver Spring, MD. pp. 1-222. Green, R.H. 1979. Sampling design and statistical analysis methods of environmental biologists. John. W. and Sons, Inc., New York. Karazsia, J., 2010. A Science-based Seagrass Survey Window for Coastal Construction Project Planning in Florida. NOAA NMFS Southeast Region, Habitat Conservation Division. Morris, L.J., L. Hall and R. Virnstein. 2001. Field Guide for Fixed Seagrass Transect Monitoring in the Indian River Lagoon. St. Johns River Water Management District. “Submerged Aquatic Vegetation Survey Guidelines”. US Army Corps of Engineers (ACOE). Undated. http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/permitting/processing_steps /process_seagrass_survey.pdf Zieman, J.C. 1982. The Ecology of the Seagrasses of South Florida: A Community Profile. U.S.F & W.S., Office of Biological Services, Washington D.C. FWS/OBS-82/25, 158 pp. (Human Impacts p. 84-90) Collier County, Florida – Land Development Code/Chapter 5 Supplemental Standards/Subsection 5.03.06 – Dock Facilities (May 31, 2017 – Current). https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=COLLIER _CO_LAND_DEVELOPMENT_CODE 13 Primary Criteria 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Response: The upland property is a single-family residential zoned lot that per the LDC is allowed two boat slips. Proposed dock consists of 2 slips with a lift in each, which is appropriate for a single-family dwelling. We are requesting a 32.5-foot extension from the allowed 20-foot protrusion. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: Without the boat dock extension, a vessel would not be able to be moored or launched while at MLT do to the water depth within a 20’ protrusion of the MHWL/ property line, as shown in the bathymetric survey and cross section drawing. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: The proposed dock facility does not intrude into any marked or charted navigable channel, thus no adverse impact on navigation is expected. The Canal Width is 415’ and the proposed dock will only have a 12.65% protrusion into the water-way maintaining more than 50% of navigable water-way. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: The water way width is 415’ and the proposed dock facility protrudes a total of 52.5’ from MHWL, which is 12.65 percent of the water- way width. Thus, the dock facility does not protrude more than 25% of water-way width and maintains more than 50% of navigable water-way width. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed dock location and design will not impact or interfere with the use of any neighboring docks. The nearest neighboring dock is approximately 100’ from proposed dock. Secondary Criteria 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Response: The proposed dock facility has no existing seawall, mature mangrove growth along the shoreline limits how close a vessel can approach shore and justifies proposed extension of dock into deeper water. A 4’ wide walkway will be cut through the mangroves to access the proposed dock, as per the conservation easement allows. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Response: The design of the proposed boat dock is for mooring of two recreational vessels to be maintained safely without incidence. No excessive deck area is being proposed, as shown in the site plan. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: The property has a water frontage of 489’ 9”, the proposed dock and vessels in combination will not exceed 50% of the property linear waterfront footage. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: The proposed dock facility will not impact the waterfront view of neighboring waterfront property owners. The only neighbor near proposed dock is about 100’ South, there are no other neighbors around proposed dock facility. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) Response: No seagrass beds are located within the immediate area or 200’ of the proposed dock facility. (Please refer to the Submerged Resource Survey provided by Earth Tech Environmental.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: This is a single family dock with two vessel moorings areas with lifts and is not subject to the requirements of the Manatee Protection Plan as stated in the above referenced code of 5.03.06 E.11. Name: Doug Oehler Address: 171 Topanga Dr Bonita Springs, FL 34134 Date: 5/10/2018 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Name: Doug Oehler Address: 171 Topanga Dr Bonita Springs, FL 34134 Date: 7/30/2019 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Site Plan with Vessels Name: Doug Oehler Address: 171 Topanga Dr Bonita Springs, FL 34134 Date: 8/7/2019 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Overall Site Plan Aerial Name: Doug Oehler Address: 171 Topanga Dr Bonita Springs, FL 34134 Date: 4/17/2019 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Cross Section of Depth below 20,000 lb Boat Lift For Permitting Purposes Only, Not for Construction Use FLORIDA DEPARTMENT O F Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, FL 32399-2400 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary Via Email Your request to debit the above referenced permit's ledger has been received, reviewed and approved by Department staff. By copy of this letter and the attached ledger we are notifying all necessary parties of the modification. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) in accordance with Section 120.57, Florida Statutes (F.S.). The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. Petitions filed by the permittee and the parties listed below must be filed within 21 days of receipt of this letter. Petitioner shall mail a copy of the petition to the permittee at the address indicated above at the time of filing. Failure to file a petition within this time period shall constitute a waiver of any right such person may have to request an administrative determination (hearing) under Section 120.57, F.S. The Petition shall contain the following information: (a) The name, address, and telephone number of each petitioner, the permittee's name and address, the Department Permit File Number and the county in which the project is proposed; (b) A statement of how and when each petitioner's received notice of the Department's action or proposed action; (c) A statement of how each petitioner's substantial interests are affected by the Department's action; or proposed action; RE: sheila@littlepineisland.com Fort Myers, Florida 33919 13041-2 McGregor Blvd. Mariner Properties Development, Inc. Ms. Sheila O'Connor Dear Ms. O'Connor: August 12, 2019 Authorized Agent Little Pine Island Mitigation Bank Permit No. 198719-233 & 234, Lee County (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or (f) A statement of which rules or statutes petitioner contends require reversal (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Department's action or proposed action. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this letter. Persons whose substantial interests will be affected by any decision of the Department with regard to the permit have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-5.207, F.A.C. This Notice constitutes final agency action unless a petition is filed in accordance with the above paragraphs or unless a request for extension of time in which to file a petition is filed within the time specified for filing a petition. Upon timely filing of a petition or a request for an extension of time this Notice will not be effective until further Order of the Department. Any party to this letter has the right to seek judicial review of the Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399- 3000; and by filing a copy with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date the Notice of Permit Modification is filed with the Clerk of the Department. Sincerely, Submerged Lands and Environmental Resource Coordination Andrea Mudryk Mitigation Banking Section Little Pine Island Mitigation Bank File No. 0198719-233 & 234 Page 2 modification of the Department's action or proposed action; or modification of the Department's action or proposed action; and CERTIFICATE OF SERVICE The undersigned duly designated deputy agency clerk herby certifies that this ENVIRONMENTAL RESOURCE PERMIT MODIFICATION and all copies, were transmitted before the close of business on ______________________ to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date, under subsection 120.52(9), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged _______________________________________________________ Clerk Date 8/12/2019 8/12/2019 Little Pine Island Mitigation Bank File No. 0198719-233 & 234 Page 3 Attachment: ledger Copies furnished to the following via email: Mr. Matt Brosious, jbrosiou@sfwmd.gov Ms. Marie Dessources, mdessour@sfwmd.gov FWC, fwcconservationplanningservices@myfwc.com SD DEP, SD_ERP_Permit@dep.state.fl.us John Emery, John.Emery@swfwmd.state.fl.us 0210665-002 MA FDEP 8/2/19 0.04 146.17 PC of Southwest Florida, Inc-Eagle Preserve Drive_(MOD 231)7/18/2019 0373297-005 EI FDEP 8/12/19 0.02 146.15 Douglas Oehler-Dock Installation, Topanga Drive_(MOD 234)8/06/2019 Herbaceous Freshwater/Brackish Potential Credits = 372.90 Impact Permit Number Permit Date Ledger Modification Credit Added Credit Used Balance Impact Permittee name Total Released as of 3/25/08 195.6 195.60 Release total 11/97 to 3/08 36-02993-P SFWMD 2/6/98 1.5 194.10 Nelson Lake3/13/1997 11-01535-P SFWMD 3/10/98 5.44 188.66 Glen Eden12/31/1997 36-00032-D SFWMD 4/21/98 0.44 188.22 Bonita Beach Rd2/24/1998 363051805 DEP 5/20/98 0.25 187.97 Bloxham Site4/14/1998 36-03581-P SFWMD 4/28/99 1 186.97 Stone Gate Landing3/18/1999 36-02797-S SFWMD 5/25/99 0.11 186.86 SR867-FDOT/Harper1/14/1999 36-0150036-001 6-29-99 DEP 8/10/99 1.71 185.15 FPL Repowering Proj 36-1303045mod DEP 9/28/99 0.11 185.04 Bonita Beach Rd Ph 1 36-03678-P SFWMD 3/21/00 0.66 184.38 Commun Dev/Beach 36-03649-P SFWMD 3/21/00 12.73 171.65 Del Prado Extension8/20/1999 36-03706-P SFWMD 4/7/00 3.8 167.85 Carabine/Summerlin 3.60135562e+11 DEP 6/14/00 0.16 167.69 Pine Island WTP 36-01812-S SFWMD 6/19/00 0.56 167.13 Honc Construction 36-03813-P SFWMD 8/27/01 0.2 166.93 Pelican Landing7/13/2000 36-03767-P SFWMD 4/5/02 1 165.93 Pruess/Crown Colony4/13/2000 36-018886-002 DEP 4/30/02 0.04 165.89 Mike Brantley1/16/2002 36-04192-P SFWMD 6/18/02 1.75 164.14 Sanibel Beach Place4/11/2002 OGC 01-0487 DEP 10/24/02 5 159.14 DOT US 41/SFWMD4/12/2001 171 TOPANGA DRIVE SUBMERGED RESOURCE SURVEY BONITA SPRINGS, FLORIDA Prepared For: Prepared By: July 12, 2018 Updated: July 31, 2019 Greg Orick Marine Construction 1035 Collier Center Way, Suite 1 Naples, FL 34110 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Submerged Resource Survey Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com TABLE OF CONTENTS INTRODUCTION ...................................................................................................................................... 3 LOCATION ............................................................................................................................................... 3 SURVEY MATERIALS & METHODS........................................................................................................... 4 RESULTS/DISCUSSION ............................................................................................................................. 6 PHOTOGRAPHIC DOCUMENTATION ...................................................................................................... 6 REFERENCES ......................................................................................................................................... 10 EXHIBITS Figure 1 Site Location Map Figure 2 Site Vicinity Map Figure 3 Proposed Dock Layout Figure 4 Survey Area Submerged Resource Survey Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com INTRODUCTION The purpose of this report is to summarize Earth Tech Environmental’s (ETE) evaluation of the proposed dock construction area located at 171 Topanga Drive (Subject Property) in Bonita Springs, Florida, for the presence of important submerged resources such as seagrass and/or hard bottom. ETE conducted fieldwork for this Submerged Resource Survey (SRS) on July 11 and 12, 2018 for Greg Orick Marine Construction (Client). LOCATION The Subject Property is located at the north terminus of Topanga Drive, south of Bonita Beach Road in Section 6, Township 48 South, Range 25 East, in Bonita Springs, Collier County, Florida. The Subject Property is currently undergoing residential development which is to include the proposed dock along the eastern boundary. See Figures 1 & 2 below for the property location. Figure 1. Site Location Map 3 Submerged Resource Survey Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com Figure 2. Site Vicinity Map SURVEY MATERIALS & METHODS The Client provided ETE with a sketch of the proposed dock layout that will be constructed along the eastern portion of the Subject Property, see Figure 3 below. Figure 3. Proposed Dock Layout 4 Submerged Resource Survey Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com Based on the proposed dock location, a SRS was done to search for the presence of important submerged resources such as seagrass and/or hard bottom. The SRS included the proposed construction location as well as a 200-foot buffer radius (survey area) as per the Collier County Land Development Code (LDC) subsection 5.03.06. The SRS was conducted based on methodology outlined in three (3) publications: 1)“Submerged Aquatic Vegetation Survey Guidelines”. US Army Corps of Engineers (ACOE). Undated. http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/permitting/processing_s teps/process_seagrass_survey.pdf 2)Florida Fish and Wildlife Conservation Commission (FWC) Recommended Survey Protocols for Estuarine and Marine Submerged Aquatic Vegetation (SAV) related to Permitting Applications 12/14/2011 DRAFT. http://myfwc.com/media/1626941/SeagrassSurveyProtocol.pdf 3)Collier County, Florida – Land Development Code/Chapter 5 Supplemental Standards/Subsection 5.03.06 – Dock Facilities (May 31, 2017 – Current). https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=COLLIER _CO_LAND_DEVELOPMENT_CODE The survey area is shown in Figure 4. This survey was conducted in the main seagrass growing season which is typically between June 1st and September 30th. Because seagrass in Southwest Florida is ephemeral in nature, ETE considers this a presence-absence survey suitable for determining whether seagrass is found within the surveyed area. The SRS was conducted by two (2) Ecologists from ETE, utilizing a combination of SCUBA and snorkel gear. North-south transects were completed throughout the surveyed area. Additional transects were performed within the proposed construction location. Photographs were taken to document observations. 5 Submerged Resource Survey Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com Figure 4. Survey Areas RESULTS/DISCUSSION The tide at the time of the surveys was post low tide and rising. Fieldwork for both days was started at 8:00 am. Tides for the survey days were as follows: July 11th: High at 11:29 am (3.4 ft), Low at 6:19 pm (-0.8 ft) July 12th: High at 11:52 am (3.6 ft), Low at 7:28 pm (-1.0 ft) Air temperature was in the low 80’s and water temperature averaged 84 degrees. Shorelines in the survey areas were dominated by red mangroves. Underwater visibility was roughly one (1) foot and the entire surveyed area was subject to heavy siltation and poor visibility. Bottom material was a mixture of sand-muck sediment along the shoreline and thick silty\muck as the transects moved further (east) from the proposed construction area. Scattered oyster shells and detritus were identified along the shoreline out to roughly 20’ from shore. A shallower area was noted along the eastern boundary of the 200’ buffer area which contained scattered oyster shells and detritus. No sea grass, live oyster beds, or hard bottom was observed that would preclude dock construction within the surveyed area. PHOTOGRAPHIC DOCUMENTATION The following photographs were taken to document observations during the SRS. 6 Submerged Resource Survey Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com Typical condition of the near-shore bottom containing detritus. Typical condition of the near-shore bottom containing oyster shells. 7 Submerged Resource Survey Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com Oysters shells from within the construction survey area. Typical silty/muck bottom conditions further from shore. 8 Submerged Resource Survey Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com Example of the silty/muck bottom conditions. Typical visibility conditions (roughly 1 foot). 9 Submerged Resource Survey Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com REFERENCES Collier County Property Appraiser. http://www.collierappraiser.com Dawes, C.J., R.C. Phillips, and G. Morrison. 2004. Seagrass Communities of the Gulf Coast of Florida: Status and Ecology. Florida Fish and Wildlife Conservation Commission Fish and Wildlife Research Institute and the Tampa Bay Estuary Program. St. Petersburg, FL. iv + 74 pp. Florida Fish and Wildlife Conservation Commission (FWC) Recommended Survey Protocols for Estuarine and Marine Submerged Aquatic Vegetation (SAV) related to Permitting Applications 12/14/2011 DRAFT. http://myfwc.com/media/1626941/SeagrassSurveyProtocol.pdf Fonseca, M.S., W.J. Kenworthy and G.W. Thayer 1998. Guidelines for the Conservation and Restoration of Seagrasses in the United States and Adjacent Waters. NOAA Coastal Ocean Program Decision Analysis Series No. 12, NOAA Coastal Ocean Office, Silver Spring, MD. pp. 1-222. Green, R.H. 1979. Sampling design and statistical analysis methods of environmental biologists. John. W. and Sons, Inc., New York. Karazsia, J., 2010. A Science-based Seagrass Survey Window for Coastal Construction Project Planning in Florida. NOAA NMFS Southeast Region, Habitat Conservation Division. Morris, L.J., L. Hall and R. Virnstein. 2001. Field Guide for Fixed Seagrass Transect Monitoring in the Indian River Lagoon. St. Johns River Water Management District. “Submerged Aquatic Vegetation Survey Guidelines”. US Army Corps of Engineers (ACOE). Undated. http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/permitting/processing_steps /process_seagrass_survey.pdf Zieman, J.C. 1982. The Ecology of the Seagrasses of South Florida: A Community Profile. U.S.F & W.S., Office of Biological Services, Washington D.C. FWS/OBS-82/25, 158 pp. (Human Impacts p. 84-90) Collier County, Florida – Land Development Code/Chapter 5 Supplemental Standards/Subsection 5.03.06 – Dock Facilities (May 31, 2017 – Current). https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=COLLIER _CO_LAND_DEVELOPMENT_CODE 10