Structures in Easements Subcommittee Minutes 12/17/2019i\ : December 1'..2019
MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE STRUCTURES IN EASENIENTS
SUBCOMMITTEE
Naples, Florida, December 17,2019
LET IT BE REMEMBERED, the Collier County Development Services Advisory
committee Structures in Easements Subcommittee in and for the county of collier,
having conducted business herein, met on this date at 10:00 AM in a REGULAR
SESSION at the GroMh Management Department Building, Room 609/610 2800 N.
Horseshoe Drive, Naples, FL with the following persons present:
Chairman: Blair Foley
John English
Chris Mitchell
Jeff Curl
Mark Mclean
ALSO PRESENT: Matt Mclean, Director, Development Review
Sally Ashkar, Assistant County Attorney
December tl, ZOtg
Any persons in need of the verbatim record of the meeting may request a copy of the audio recording
from the Collier County Growth Management Division - Planning and Regulation Building -
Contact Mr. Evy Ybaceta at 239-252-2400.
1. Call to order
Mr. Foley called the meeting to order at 10:00 a.m.
2. Approve agenda
Mr. Curl moved to approve the Agenda. Second by Mr. English. Carried unanimously 5 - 0.
3. Approval of Minutes - November 22,2019
Mr. Curl moved to approve the minutes of the November 22,2019 meeting as presented. Second
by Mr. English. Corried unanimously 5 - 0.
4. Old Business
a. Structures in Easements - Policy and Procedure easement.
Matt Mclean, Director, Development Review provided the Executive Summary
" Recommendation to establish policy and a standard template for an Easement Use
Agreement associated with minor encroachments in utility, drainage or similar easements
on behalf of the Board of County Commissioners " and " Easement Use Agyeement " for
consideration. He noted:
o The Subcommittee previously reviewed the proposed policy on November 22nd and staff
subsequently met to review possible changes based on the input from this meeting and
the December Development Services Advisory Committee meeting.
o The Executive Summary provides clarification on the proposed policy, which addresses
single-family residences on fee simple owned property.
o Multi-family and commercial uses will be addressed independent of the policy through
the Site Development Plan application process and the requirements will not apply to
common area tracts of land.
o Roof overhangs and landscaping will be exempted from the policy and are allowed in the
areas in question with associated letters of no objection.
o The list of allowed uses includes fences, A"/C pads, pool equipment, generators, sidewalks
and other minor structures as determined by Collier County Growth Management Staff.
o The allowed uses do not include masonry concrete walls for screening mechanical
equipment (or other uses).
o The item is scheduled to be heard by the Board of County Commissioners on January 14,
2020 on the Consent Agenda.
During Subcommittee discussion, the following was noted:
o Concem on excluding concrete masonry walls from the allowed uses given their sound
attenuation and non-combustible properties - Matt McLean reported the equipment may
be ploced outside of an easement area and staffdoes not support use of concrete walls in
these areas.
o The policy is not part of the Land Development Code, but will be implemented at the
direction of the County Manager/Board of County Commissioners.
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December 17 ,2019
o Air conditioner equipment and pool equipment pads witl be added to the list of allowed
uses.
o The language in Section 5 of the Use Agreement was discussed at the DSAC meeting
with concem expressed on indemnifuing the county from any liability - stalJ'noted they
reviewed the language in the agreement und it is standord wording contained in similar
Counry document.s.
o The DSAC delegated authority to the Subcommittee to provide a recommendation if the
item is to be heard before the next DSAC meeting in February and action should be taken
so staffhas input from the Committee.
Mr. Foley amended the motion for the Subcommittee, as delegated by the Development
services Advisory Committee, recommend lhe Board of county commissioners approve the
policy as proposed by staff subject to staff clardying the language air conditioner equipment
and pool equipment pads are included in the allowed uses and supports it as written with the
additional requirement allowing of concrete masonry walls for screening. The subcommittee
is silent on lhe "Easement use Agreement" bul recognizes the language is consistenl wilh
olher Counlt documents of this nature. Second by Mr. Curl
It was noted the recommendation ofapproval should not be contingent upon allowing
construction of masonry screening walls, but consideration be given to include them in the list of
exemptions.
Speaker
Kathy Curatolo, Collier Building Industry Association suggested the recommendation outline
any concems raised so the BCC is aware of the issue.
Mr. Foley amended the motion for the Subcommittee, as delegated by the Development
services Advisory committee, recommend lhe Board of county commissioners approve the
policy as proposed by staff subject to staff clarifying the language air conditioner equipment
and pool pads are included in rhe allowed uses. They suggesr consideration be given ro
include concrete masonry walls as an ollowed use due lo their abitily to aid in sound
altenualion and resistance lo heat ameliordlion from the devices lhey screen. The
subcommittee is silent on the requirements of section 5 of the "Easement use Agreement. bul
tecognizes the language is consistent htith other County documents of this nature. Second by
Mr. Curl.
The following was noted during Staff and Subcommittee discussions:o The item will be on the Consent Agenda and concem the BCC will not consider the use
of masonry walls for screening but recognized this is the process in place for such items.t The policy may be changed ifnew issues arise, or further consideration is requested on
allowing concrete walls, however staff will not support this change ifrequestid.o The main benefit for allowing masonry walls is they are non-combustible and also act as
sound barriers for the noise created by the equipment.
Motion carried unanimously 5 - 0.
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December fi , z6 J
b. Removal Use Agreement Concept
See discussion in ltem 4.a.
Public comments
None
Adjourn
There being no further business for the good of the County, the meeting was adjourned by the
order of the Chair at 10:40 A.M.
COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE - STRUCTURES IN
These Minutes were approved by the Committee on ,/' , or aS
amended
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